The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1909-07-15
No. 265. 81 Published Nav 81. 1909
CHAPTER. 49,. LAWS OF 1910

NO. 700. 3 Published May 81. 1909
CHAPTER 1874, LAWS OF 1909.
AN ACT to amend section 925-11Sa of
the STATUTES, relating to authorizing the
class to have charge of erecting school
buildings N such cities, and giving the
same privilege to the board of education
IN cities of the fourth class.
The people Of the State of Wisconsin. rem
resented in Senate and Assembly, do en-
act as follows:
.,+ Section 10 l. Section 925-118a. In all
cities or the third and fourth class the ex-
penQIJufe or all sums OF money apDropri-
ated Tor the purchase of school site or
SUES. or Tor the erection. enlargement al
tteratlon, or repair of school buildings and
Tor the maintenance of schools shall be M
ger the direction and authority Of the
board of education Whenever the eSti
mated cost of the buildings to be erected.
ehIafgeu, altered, or repaired exceeds one
thousand dollars. the board of education
snail make, or cause to be made plans and o.
Specincations setting forth clearly and i'm
detail the work to be done and the material
to be used and an estimate of tbe cost Of
the same After these plans and estimates
have been adopted by the board and an
proved by the common council said board
shal! give at least TEN days notice by ad-
vertisement IN the official city paper or in
one designated by the common council. of
the reception of bids for the execution of
the proposed work
All bids must be sealed and accomnaniad
by satisfactory bond in such sum as NAV
be designated in the advertisement for bids
signed by the bidder and two or more sure.
ties, who shall be residents of this state
and who shall Justify as to their RESPONSE
bility and by their several afidavits show
that they are worth in the aggregate at
least double the amount of the bond in
property not by law exempt from execution
In this state. or by a bond of a surety COM
pany duly licensed to transact business in
this state, such bond and sureties to be ap-
proved by the board previous to the open
ing of the accompanying bids or proposals.
and shall be conditioned that the bidder
will enter into contract with the required
proposal and according to the plans and
specifications on file, in case the contract
shall be awarded to him; and in case of
failure on his part to execute a contract
with satisfactory sureties, said bond shall
be prosecuted in the name of said city and
Judgment recovered thereon for the full
amount of the penalty thereof as liquidated
damages, IN any court having jurisdiction
of the action, unless the common council
shall by resolution direct that no action be
commenced provided that a certified check
for not less than five per cent of the esti-
mated cost OF said proposed work may be
received by said board in lieu OF the bond
hereinbefore provided for. The power to
reject any and all bids shall be deemed to
exist unless expressly waived
All contracts entered into under this pro-
vision shall be let to the lowest bidder
except as hereinafter provided Whenever
the lowest bid for any work to be let by
the board shall exceed the estimates, or
seem to said board to be unreasOnably high,
the board is authorized to reject all bids
and to re-advertise the work anew; or
whenever no proper bids shall be received
or whenever the lowest bid exceeds the
estimate, or the lowest bidder shall be in
the judgment of said board incompetent
or otherwise unreliable for the perform
ance of the work for which he bids the
said board shall report to the common
council a schedule of all the bids received
together with such recommendations as the
hn0 p6 ha1 IN mol with hair
sons therefor, and the common council may
authorize the board to let the work to the
lowest competent and reliable bidder; or
the council by vote of tWo-thirds of all it's
members may authorize the board to have
the work done under the supervision of
such person or persons as the board may
designate.
written or printed contract shall be
entered into for the completion of the work
with a bond in such sum as the board may
designate for its full performance Said
bond shall be executed by two or more sure
ties for the contractor guaranteeing to the
satisfaction of said board the performance
of such contract by the contractor under
the supervision and to the satisfaction Of
said board, each of which sureties shall
make affidavit that he is a resident of the
state of Wisconsin, and that he is the
owner Of real estate in the state of Wis
consn, free from membranes, subject to
execution, of a cash value equal to the
penal sum of such bond and that he is
worth the estimated amount of money 10
be paid on such contract over and above
all his debts and liabilities, in property in
this state subject to execution, or by a
bond of a surety company duly licensed to
do business in this state.
The said board shall reserve in every
contract the right to determine finally the
performance of such contract or doing of
the work specified therein; and the right,
in case of improper or imperfect perform
ance thereof, to suspend such work at any
time or to order the entire reconstruction
n or tO rnIa
the same to some other competent party
and also the right, in case such work shall
not be prosecuted with such diligence and
with such number OF men, as to insure it's
completion within the time limited by the
contract to suspend such work and to re-
let the same to some other competent
rial for the completion of the same and
charge the cost, to the contractor
And power is hereby given to the said
board to adjust and determine all ques-
lions as to the amount earned under any
contract by the contractor or contractors
according to the true intent and meaning
Of the contract such adjustment and de
termination by said board shall be reported
by the board to the common council, and
when approved by said council shall be
final between the parties and binding upon
them. If the amount of damages to be
paid to the city shall exceed the amount
due from the city to the contractor, or
contractors, according to such determine
ton and adjustment then the difference, or
such determination and adjustment, shall
be recoverable by law in an action in the
name Of the city against such contractor,
or contra ctOrS. and their sureties in any
court having jurisdiction.
Every contract with the city shall also
contain a covenant or agreement on the
part of the contractor or his sureties that
in case such contractor shall fail to FUZZY
complete and perform such contract with
in the time therein limited for the per,
Torrance thereof, such contractor shal
pay to the city as liquidated damages foE
such default, certain and definite sum Tor
each DAVIS delay in completing the con-
cOmpIet:on which daily sum shall be de-
ternned and fixed by said board before the
contract for the work snail De let and
shall be stated in the advertisement for
Droposals for the work. ana shall be in
serted in the contract, and shall in no case
be less than one-half OF one per cent of the
aggregate cost of the work embraced N
said contract.
PAYMENTS may be made at intervals as
the work progresses. but no more than
eighty per cent. of the value of the work
actually done and material furnished shall
be paid at any time before the entire COM
pletion of the work.
The board of education shall have au-
thority to employ competent person. or
In any city OF the third and fourth class
the <comInOn council may adopt this sub
section as provided in section 926, chapter
4Ob, statutes of 1898.
Section >. Any acts or parts of acts
any city adopting this subsection.
with the provisions of this
act, are hereby repealed
Section g. This act shall take effect and
be in force from and after its passage and