Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1909-07-21
No. 2e5 81 TPublished May 81, 1909.
CHAPTER 1874, LAWS OF 1909.

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CHAPTER 1874, LAWS OF 1903.
AN ACT to amend section 925-11Sa Of
the statutes, relating to authorizing tne .
board of education in cities of the tnlrd
class to have charge, of erecting sen .S
same privilege to the board Of education
in cities of the fourth class.
The people of the State of Wisconsin, rep
resented in Senate and Assembly, DO en-
act follows -
Section l. Section 925-11Sa: In In all
penditure Of all sums of money appropri-
ated for the purchase of school site, or
sites, or for the erection, enlargement, al,
teration, or repair of school buildings and
for the maintenance of schools. shall be I'M
der the direction and authority OF me
board of education. Whenever the est
enlarged altered or repaired exceeds one
thousand dollars. the board Of education
specifications setting forth clearly and in
detail the work to be done and the material
to be used and an estimate OF the cost OF
the same. After these plans ana estimates
have been adopted by the board and APP
proved by the common council said board
shall give at least ten days notice by ad-
vertisenent in the official city paper, or In
one designated by the common council. OF
the reception of bids for the execution Of
All BIDS must be sealed and accompanied
by satisfactory bond In such sum as may
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 afddavfts show
that they are worth in the aggregate at
least double the amount of the bond in
property not by law exempt from execution
pany duly licensed 70 transact business in
this state, such bond and sureties to be APP
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
sureties, for. the price mentioned in his
oil nTld linz 70 Vlo
specifications on file. in case the contract
shall be awarded to him; and In case of
rainre on MS part to exeeafs n9 sbo
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
for mot less than Ave per- cent Of the est
mated cost of said proposed work may be
received oy said board in IN Lien OF the bond
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
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,
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 the
board shall choose to make with their rea-
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 an its
members may authorize the board to have
he VUn
such person or persons as the board may
designate
written or printed contract shall be
entered into for the completion of the work
with bond in such sum the board may
designate for It's 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
said board, each of which sureties shall
make affidavit that he is resident of the
state Of Wisconsin, and that he Is the
owner Of real estate in the state of Wis
consin free from membranes, subject to
execution, of cash value equal to the
penal sum CT such bond and that he Is
worth the estimated amount of money to
be paid on such contract, over and above
all his debts and liabilities, in property in
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
of the same, IL improperly done or to relet
the same to some other competent party;
and also the right, in 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
party, or to employ men and secure mate
ri oil far ~ a 11nkt -
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 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 uDon
them. II 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
balance in favor of the city, according to
be recoverable by law in an action In the
name of the city against such contractor <
or contractors. and their sureties In any
court having jurisdiction.
Every contract with the city shall also
contain covenant or agreement on the
part of the contractor or his sureties, that
in case such contractor shall fail to fully
complete and perform such contract with
in the time therein limited for the per-
formance thereof, such contractor shall
pay to the city as liquidated damages for
such default, a certain and definite sum for
each days delay in completing the con-
tract, after the time therein limited for its
completion, which daily sum shall be de-
termined and fixed by said board before the
contract for the work shall be let and
shall be stated in the advertisement for
proposals for the work, and shall be in
serted in the contract and shall In no case
be less than one-haf of one per cent of the
aggregate cost Of the work embraced In
said contract.
Payments may be made at intervals az
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
pleton of the work.
The board of education shall have au-
thority to employ competent person. or
persons, Tor the supervision of the work
In any city of the third and fourth class
the common council may ADOPT this sub
section as provided in section 026 chapter
40b. statutes of 1898.
Section ?. Any acts or parts Of acts
affecting auy city adopting this subsection
inconsistent with the provisions Of this
act, are hereby repealed,
Section. 8. This act shall take effect and
be in force from and after its passage and
publication.
Approved May 2e. 1904 .ll.l-...u.-