Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1909-08-13
No. 2G5. S. Published Nav - 7oo
CHAPTER 1874, LAWS OF 19oo

No, 265. s. Published May %. 1g@
CHAPTER 1914, LAWS OF 1909
AN ACT to amend section 925-11Ss
the statutes, relating to authorizing ~
board OF education in cities of rha 3b n.
class. to have charge of erecting sch
buildings in such cities. and giyng II,
same privilege to the board Of ednGatis
in cities of the fourth class.
The people of the State of Wisconsin Ma,
resented ia Senate and Assembly, do eE
act as follows: VII
Section /. Section 925-119a. IN ,rI
cities Of the third and fourth class no s g
penditure of all sums of money 9n ,riT S
atcd for the purchase of q school Site o
sites, or for the erection, enlargement "
teratiOn. or repair of school BUILDINGS o|s
for the maintenance of schools. shall ha ~.
der the direction and authority Of fl.
mated cost of the buildings to be practa
enlarged, altered, or repaired exceeds ors
thousand dollars. the board of educatjs
shall! make, or cause to be made, plans and
specifications setting forth clearly and MI
detail the work to be done and the materai
to be used and an estimate of the COST tI
the same. After these plans and egtimafa,|
have been adopted by the board and Al
proved by the common council said board
shall give at least ten DAYS notice nv nd
one designated by the common council, al
the reception of bids for the execution N
the proposed work
All bids must be sealed and accompanies
by q satisfactory bond in such sum as nav
be designated IN the advertisement for bj;
signed by the bidder and two or more srq
ties, who shall be residents Of this STATE
and who shall Justify as to their RESPONSE
bility and by their several affidavits 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 bond of a surety CON.
pany duly licensed to transact business in
this state. such bond and suretics to be an
proved by the board previous to the open
ing of the accompanying bids or proposals
and shall be conditioned that the biddG
will enter into contract with the required
sureties, for the price mentioned in his
proposal and according to the plans ami
specifica lions on file, in case the contrar
shall be awarded to him: and in case Of
failure on his part to execute q contract
with satisfactory sureties, said bond Shall
be prosecuted in the name of said city and
judgment recovered thereon for the fdl
amount of the penalty thereof as liquidaei
damages, in any court having jurtSdiCtiO
of the action unless the common council
shall by resolution direct that no action he
commenced: provided that a certified check
for not less than five per cent. of the est.
mated cost of said proposed work may be
received by said board in lieu. Of the bOli
hereinbefoFe provided for. The power 70
reject any and all bids shall be deemed 70
exist unless expressly waived. .
All contracts entered into under this pro
vision shall be let to the lowest bidder
except as hereinafter provided; WheneyG
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 receivei
OF whenever the lowest bid exceeds The
estimate, or the lowest bidder shall be in
the Judgment Of said board incompeten
or otherwise unreliable for the perfon
ance Of the work for, which he bids. the
said. board shall report to the comma
council "a Schedule of all the bids received
together with such recommendations as The
board shall choose to make with their res
sons therefor, and the common council mar
authorize the board to let the work to tla
lowest competent and reliable bidder; o.
the council by vote of two-thirds of all III
members may authorize the board to have
the work done under the supervision Of
such person or persons as the board may
designate.
A written or printed contract shall N
entered into for the completion Of the wore
with bond in such sum as the board may
design ate for its full performance. Sa8
bond shall be executed by two or more sure
ties for the contractor, guaranteeing to h
satisfaction of said board the performal@I
Of such contract by the contractor under
the supervision and to the satisfaction n
said board, each of which sureties snail
state of Wisconsin, and that he IS !Gl
owner of real estate in the state Of WitR
consin, free from membranes, subject VI
execution of a cash value equal to Wl
penal sum of such bond, and that he VI
worth the estimated amount of money "
be paid on such contract, over and aDoH:
all his debts and liabilities, in property VI
this state subject to execution, or by
bond of a surety company duly licensed VI
do business in this state.
I'd rpcnrvn In ever
contract the right to determine finally "
performance of Sucn contract or dong
the work specified therein; and the flgl'
in case of improper or imperfect perlmL
ance thereof, to suspend such work at NY
time or to order the entire reconstruct
of the same, if improperly done or to Te@
the same to some other competent paiG
and also the right, in case such WORK SLaj
not be prosecuted with such diligence a.,
with such number of men, as to insure ~
completion within the time limited by tm
contract, to suspend such work ana 10 ~
let the same to some other conpeLs
party. or to employ men and secure ms u.
rial for the completion Of the same, a.
charge the cost to the contractor Hs
And power is hereby given to the Sa@
board to adjust and determine an 4n nS
lions as to the amount earned under az
contract by the contractor or contracts lcoi5
according to the true intent ana mea 5 II
of the contract; such adjustment anu W "
termination by said board shall be fgg'I or
by the board to the common couuG'l',, q
when approved by said council snai Irg
final between the parties and DlnalnS IN oFs
them If the amount of damages . Nv .
paid to the city shall exceed the a am a
due from the city to the CONTRACT lOn,iirp
contractors: according to such de I6pra
ton and adjustment. then the dltleIe5HIooT, b
balance IN favor of the city, accoruins.
such determination and adjustment T., '+ tP
be recoverable by law in an acton III IN oto,
name of the city against such COM I, an
or contractors, and their suretieS IL
court having jurisdiction: .,ou sls 4
Every contract with the city shaL! N
contain q covenant or agreement On mai H
part Of the contractor or his suretesS' fnTr /
in case such contractor shall fan 70 aitE
complete and perform such contrattS rsr
in the time therein limited for In' Xxi 4
Torrance thereof, such contrac Zoos L, 4
pay to the city as liquidated dalua I'm d,
such default, certain and definite S sun cos
each days delay in completing 5uS Sor ID
tract. after the time therein llmlteTq I bn IL
completion, which daily sum sh2ns o W. ID
term med and fixed by said board oeI Iot aLk
contract for the work shall De Inf 10
shall be stated in the adyertlseslm'Ibo ID
proposals for the work and Shan m caa
serted in the contract. and snail ~ ~ n tb
be less than ope-half of one per cens , ID b
aggregate cost Of the work enOi"''
said consr&ct. .-,oIs q
Pay1rents may be made at l1lero~'t hss
the work progresses. but no M no goa
eighty per cent. of the value OF "a snaI h
actually done and material furnisnItErna cop &
be paid at any time before the e'l'iO
pletion of the work ,.ora srM
The board of education shaIl a n% III
thority to employ coIpetenI 7in work
persons for the supervision OF 18th cas @
In any city OF the third ana lotjh,is SUI q
.orI r,,tSkt