3.75 Uniform bidding procedure.
(1) Intent. It is the intent of this ordinance to make consistent and uniform the procedure whereby competitive bids are procured for the benefit of Kenosha County. It is the further purpose of this ordinance to protect the County’s legal interests to encourage bidding and to save tax dollars through the utilization of the methods contained herein. All previous ordinances and resolutions in conflict with this ordinance are hereby repealed.
(2) Scope, Effect, Severability. All competitive bidding required by federal, state or county law or by County Board Resolution for the benefit of the County shall be in compliance with this ordinance unless stricter standards are subsequently imposed by State and Federal laws. This ordinance shall be in prospective effect from the date of publication. It is intended that this ordinance be interpreted to be consistent with existing state and federal law. If any single subsection is found to be invalid in whole or part, it shall not affect the validity of the balance of this ordinance.
(a) “Person” means any individual, sole proprietorship, partnership, corporation, joint venture or association.
(b) “Sealed bid” means a written bid submitted in a manner that it cannot be read until it is removed from its protective cover, envelope or jacket and cannot be removed from such cover, jacket or envelope without breaking open the secure closure of same.
(c) “Services” include labor and means conduct or performance which assists or benefits someone or something, including but not limited to a provision for maintenance and repair.
(d) “Extra work” means an additional amount of construction, repair or labor on public works projects beyond that amount contemplated in the specifications of the bid.
(e) “Project” means a specific planned undertaking or design.
1. Advertising. An abbreviated description of the product(s), public work(s), or service(s) which is (are) sought by competitive bid shall be published in a box ad of at least one column by four inch dimensions, one time in the legal notices section in a newspaper of general circulation in Kenosha County at least five working days before the date of opening said bids. Such other forms of public advertisement may be made as is deemed necessary and desirable for the subject matter of the bid by the County officer in charge of such bidding. Such advertisements shall indicate that sealed bids should be delivered to said County Clerk’s office or other specific office on or before a specified date, and that such bids will be publicly opened at a specified time, date and place. Such notices for bids on public works shall state that the prevailing wage rates and hours of labor determined by the Department of Industry, Labor and Human Relations shall apply to such work. Such advertisement shall indicate that the full details concerning the bidding requirements and specifications are available at the County Clerk’s office, giving the address of such office.
2. Voluntary list. The County Clerk shall maintain a list of persons who are interested in receiving notice of competitive bids in any specified area, along with their mailing address. Such a list shall be divided into various areas such as, “office supplies”, “office equipment”, “motor vehicles”, “general repair and remodeling”, “construction”, “electrical”, “plumbing”, “floor covering”, etc. Any person may be placed on such mailing list upon request. A copy of the advertisement in subsection (1) may be mailed to all persons so listed when it is deemed necessary and desirable. A public notice of the existence of such list shall be published as in subsection 1, once per year.
3. Emergency. Where immediate action is necessary to preserve property, or to protect the life, health or welfare of persons, the County officer normally charged with the duty of obtaining competitive bids from the purchases required is authorized to take such action as is deemed necessary by the County Board Chairman under the circumstances, provided a signed written report by the County Board Chairman thereon is filed with the County Clerk within forty-eight hours and which report outlining the circumstances of the emergency is presented to the County Board at its next regular meeting. When the emergency necessitates public works as described in Section 59.08 Wisconsin Statutes, the County Board shall pass resolutions concerning the emergency as stated in said Section 59.08. This section is intended to be subject to Section 2.04(1)(a)2a of the Kenosha County Code.
(b) Specifications and information for bidders.
1. Specifications. Written specifications for the bid on file at the County Clerk’s office shall be in full detail, clear as possible, definite, precise and competitive. However, the requirements of this section should in no way be interpreted to limit the County’s right to use alternate bids. The specifications must be written on a common standard to permit comparison of bids. They may not be drafted in such a way as to eliminate competition. If a particular product name must be used, the words “or product of equal quality” or “or equivalent” shall be included. If one service or product is available from a number of independent dealers and competitive bids will result, a single product name or service may be specified. Applicable time limits shall be stated in the specifications. Necessary warranties and guarantees shall be included therein. Escalator clauses may be included in specifications for public works which will take longer than six months to complete, however, the escalator clause shall not entitle the contractor to more funds than his actual cost or 15% of his original bid, whichever is less. No “extra work” clause shall be included in specifications for public works if it may have the effect of adding such an amount of public works as by law must be competitively bid upon. There shall be no monetary allowance indicated as sufficient to complete any single item listed in the specifications given by the County, rather the item shall be described as clearly as possible and the bidder shall include the cost of such item in preparing the bid. Pursuant to section 66.29(6) Wisconsin Statutes, on contracts for construction, repair, remodeling, or improvement of any County building or structure, other than highway structures and facilities, the County shall separately let (a) plumbing, (b) heating and ventilating, (c) electrical contracts where such labor and materials are called for and where such section requires separate bids.
2. Prevailing wage rates. Before the County solicits bids or contracts for any project of public works, it shall apply to the Department of Industry, Labor and Human Relations of the State of Wisconsin to ascertain the prevailing wage rate, hours of labor and hourly basic pay rates in all trades or occupations required in the work contemplated, pursuant to section 66.293, Wisconsin Statutes. Such determined wage rates and hours shall be incorporated into and made part of such bid unless excepted by the terms of section 66.293.
3. Information. The following items of information shall be prepared on a standard form and made a part of every bid:
a. Inferior products. No obsolete items or seconds will be acceptable unless prior approval is granted.
b. Firm Price. All bids shall be for a firm price for a period of ninety (90) days from date of receipt by the County Clerk. Bidders are reminded that Wisconsin Sales Tax should not be included in the bid.
c. Safety. All material, equipment and supplies provided to the County must comply fully with all safety requirements as set forth by the Wisconsin Administrative Code, and rules of the Industrial Commission on Safety and all applicable OSHA standards. During the course of performing the requirements of this bid, the contractor is fully liable for public and private protection while work is in progress or at any site exposed as a potential hazard. The contractor must provide safety devices, such as warning signs and otherwise comply with the above mentioned safety regulations.
d. Insurance. Successful bidder must obtain Worker’s Compensation Insurance with a carrier lawfully entitled to do business in the State of Wisconsin for coverage in the amount required by statute.
e. Shipment. All deliveries will be F.O.B. destination, unless otherwise specified.
f. Right to Refuse. The County reserves the right to refuse any or all bids for just cause.
g. Guaranteed delivery. Failure of contractor to adhere to delivery schedules as specified or to promptly replace rejected materials shall render the contractor liable for the difference between the “open market” price and the contract price where emergency procurement is necessary.
h. Non-discrimination. In connection with work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, developmental disability, or sex. The foregoing shall be interpreted liberally to forbid unjust discrimination. All complaints received in this regard by the County shall be forwarded to the County Clerk who shall refer the matter to the state or federal agency having authority to investigate and determine such charges of discrimination. A final determination finding discrimination in such a case, including any appeals taken, shall make the employer ineligible to bid on contracts with the County for a period of four years from the date of such final adjudication.
i. Prevailing wage rates. The wage and hour information as determined in section (4)(b)2. of this ordinance shall be incorporated into the bid and be a part thereof for all bids on public works. No final payment will be made on any public work contract until an affidavit is sworn to and filed with the County Clerk stating that the contractor has complied fully with the requirements of section 66.293(3) Wisconsin Statutes, and received evidence of compliance from each of his agents and subcontractors.
j. Disputes, Arbitration. Disputes arising under contracts awarded herein may be settled by arbitration pursuant to Chapter 298 of the Wisconsin Statutes on agreement of the parties. The cost of such arbitration shall be shared equally by the parties. (8/16/83)
k. Performance Bonds. The successful bidder of all public works shall deliver to the County a performance bond as security for faithful performance by contractor of the work bid on, with such sureties lawfully entitled to act in the State of Wisconsin and approved by the County. Such bond will indemnify the County for any loss directly arising by reason of failure of contractor to faithfully perform the contract according to its terms and conditions, and to deliver such public work to the County free from any liens or encumbrances.
(c) Information and security from bidders.
1. Bidder’s certificate. The bidder shall incorporate and make part of his proposal for all bids made under this ordinance a sworn statement by himself or an authorized individual, that he has examined and carefully prepared said proposal from the written plans, specifications and information of the County and has checked the same in detail before submitting said bid to the County. This certificate shall include a list of subcontractors he proposes to deal with.
2. Bidder’s proof of responsibility, questionnaire. Before delivering any form for bid proposals, plans or specifications on bids for public works to any person excepting materialmen, suppliers and others not intending to submit a direct bid, the County Clerk shall require such person to submit a full and complete statement, sworn to before an officer authorized by law to administer oaths, of financial ability, equipment, experience in the work prescribed in said public contract and such other matters as may be required for the protection and welfare of the public. Such information shall be provided on a standard form and shall be kept confidential, to be used only in the selection of bids unless otherwise authorized by the person submitting such questionnaire. This prerequisite may be waived for any person who has successfully completed public works on bid for the county within the prior five year period.
(d) Security bonds. Each bid for public works shall include therein a bid bond in the amount of five percent of the total bid which shall bind sureties, lawfully entitled to do business in the State of Wisconsin, to the County for any loss resulting from a failure of the bidder to enter a contract pursuant to the terms of the bid.
(e) Selection of bids.
1. Opening bids, recording, award. The Board of Supervisors, or a committee thereof, or the county officer, agent, commission, or others with authority, shall open all the sealed bids at the time and place published in the notice. All bids not sealed shall be returned as unsatisfactory as soon as possible upon receipt. Such person or persons with authority shall, upon opening such bids, record all bids except those which were received unsealed. Any bid which in form is in material deviation from the plans and specifications of the bid of this ordinance shall have such deviation noted in writing on the form which recorded the bids. The lowest bid shall be awarded the contract unless the form of the bid is in material deviation to the specifications of the bid or to the requirements of this ordinance, or the bidder is not satisfactory to the County for just reason. A written reason for rejecting any lower bid shall be included on the form recording the bids. The accepted bid shall be noted on said form and the county board, committee, officer, agent, commission, or others with authority shall then sign the form recording bids and return it to the County Clerk.
2. Erroneous Bids; No Bids.
a. Whenever any person shall submit a bid or proposal for the performance of public work under any public contract to be let by the County, who shall claim mistake, omission or error in preparing his bid, the said person shall, before the bids are opened, make known the fact that he has made an error, omission or mistake, and in such case his bid shall be returned to him unopened and the said person shall not be entitled to bid upon the contract at hand unless the same is re-advertised and relet upon such advertisement. In any case such person shall make an error or omission or mistake and shall discover the same after the bids are opened, he shall immediately and without delay give written notice and make known the fact of such mistake, omission or error which has been committed and submit to the County clear and satisfactory evidence of such mistake, omission or error and that the same was not caused by any careless act or omission on his part in the exercise of ordinary care in examining the plans, specifications, and conforming with the provisions of this section, and in case of forfeiture, shall not be entitled to recover the moneys or certified check forfeited as liquidated damages unless he shall prove before a court of competent jurisdiction in an action brought for the recovery of the amount forfeited, that in making the mistake, error or omission he was free from carelessness, negligence or inexcusable neglect. It is intended that this subsection be interpreted consistently with Section 66.29(5) Wisconsin Statutes.
b. Whenever the time has passed to open the bids and no bids are on file with the County Clerk, the county officer authorized to award such bid may use informal methods to notify at least two potential bidders of the contract and extend the time for bids to be received.
3. Conflict of Interest. No County agent or officer may be awarded a bid contrary to section 946.13 of the Wisconsin Penal Code, as amended. If such an award would fulfill the elements of Section 946.13 but for the monetary limit set therein, such public officer may be awarded the contract only if: First, the officer has no control over the selection of bids, including but not limited to, not voting on the decision to award the bid, not lobbying concerning the award, and exerting no influence to award such bid; and, Second, the officer has filed with the County Clerk a public, written statement of full disclosure of any potential conflict of interest prior to the opening of the bids.
4. Substitution of bidders. The bidder awarded the contract bid upon may not assign said contract without prior approval of the County.
(f) Violation of ordinance.
1. Whoever violates this ordinance shall be subject to a $25.00 forfeiture for the first violation. The forfeiture for all subsequent violations by the same person shall not be less than $200.00 nor more than $500.00.
2. Any contract by Kenosha County which is entered into without substantial compliance to this ordinance shall be null and void. Such contract may be reaffirmed and given full effect by a majority vote of the Kenosha County Board of Supervisors. [Code § 3.62, 2018.]