Ordinance No. O—2023-24(PDF, 4MB)

O R D I N A N C E N O.: O—2023-24 TO THE HONORABLE, THE OUTAGAMIE COUNTY BOARD OF SUPERVISORS LADIES AND GENTLEMEN: MAJORITY The Property, Airport, Recreation and Economic Development Committee is requesting to 1 amend the County Code of Ordinances as pertains to Chapter 22, Finance and Taxation, as 2 listed below. 3 4 NOW THEREFORE, the undersigned members of the Property, Airport, Recreation and 5 Economic Development Committee recommend adoption of the following ordinance. 6 BE IT ORDAINED, that the Outagamie County Board of Supervisors does amend Chapter 22, 7 Finance and Taxation; Article II, Purchases and Contracts of the Outagamie County Code of Ordinances 8 by creating Section 22-24 of Division 1. – Generally, to read as follows: 9 Sec. 22-24. – Responsible Bidder Criteria. 10 (a) Purpose. Pursuant to Wisconsin Statutes Sections 66.0901 and 59.52(29), all public works 11 contracts, including any contract for the construction, repair, remodeling or improvement 12 of any public work, building, or furnishing of supplies or material of any kind where the 13 estimated cost of such work will exceed $25,000, shall be let by contract to the lowest 14 responsible bidder. What constitutes a “responsible bidder” is a determination that requires 15 the exercise of discretion by the county and its departments, officials and/or employees 16 under reasonably consistent responsible bidder criteria, and this Ordinance is intended to 17 provide that criteria. 18 (b) Definitions. In this section, the following definitions shall apply. 19 1. "Contractor" means a person, corporation, partnership or any other business entity that 20 performs work on a public works contract as a general contractor, prime contractor or 21 subcontractor at any tier. 22 2. "Registered Apprenticeship Program" means an apprenticeship program that is currently 23 registered with either a State or Federal governmental entity and that has a graduated 24 apprentices to journeyperson job classification system process as well as a bonafide 25 training program. 26 3. "Public Works Contract" includes any contract for the construction, repair, remodeling 27 or improvement of any public work, building, or furnishing of supplies or material of 28 any kind where the estimated cost of such work will exceed $25,000. 29 (c) Responsible Bidder Criteria. In order to be considered a responsible bidder by Outagamie 30 County for purposes of being awarded a public works contract, the following criteria must 31 be met: 32 1. The contractor must maintain a permanent place of business; 33 2. The contractor must be authorized to do business in the State of Wisconsin; 34 3. The contractor, agent, partner, employee and/or officer of the contractor, must not be 35 debarred, suspended, or declared ineligible from contracting with any unit of federal, 36 state or local government; 37 Ordinance No. O—2023-24 Page 2 4. The contractor must be in compliance with the provisions of Section 2000e of Chapter 1 21, Title 42 of the United States Code, and Federal Executive Order No. 11246, as 2 amended by Executive Order No. 11375 (known as the Equal Opportunity Employer 3 provisions); 4 5. The contractor must have adequate and appropriate: 5 a) General liability insurance; 6 b) Automobile insurance, except when a licensed motor vehicle is not used in the 7 performance of the contract; and 8 c) Workers' compensation and unemployment insurance, except when the contractor 9 does not have employees. 10 6. The contractor must have complied with all provisions of any prevailing wage laws and 11 federal Davis-Bacon related Acts, and the rules and regulations therein, for projects 12 undertaken by the contractor that are covered by these laws, for the past five (5) years; 13 7. Regarding a Public Works Contract estimated to be in excess of two million dollars, and 14 if determined to be appropriate in the discretion of the Outagamie County Procurement 15 Coordinator at the time a Request for Bids or Request for Quotes is issued, then in order 16 to be considered a responsible bidder, the contractor must participate in a Registered 17 Apprenticeship Program; 18 8. The contractor must have a written substance abuse prevention program meeting the 19 requirements of Wisconsin Statutes Section l03.503; 20 9. The employees who will perform work on the project for the contractor must be properly 21 classified as employees or independent contractors under all applicable laws; 22 10. lf the contractor has been the subject of any order or judgment from any state or federal 23 agency or court concerning an employment practice, the contractor must provide copies 24 of the investigation, order or judgment for the county to consider as a factor in 25 determining whether the contractor is a responsible bidder. The contractor may be 26 disqualified for failing to provide said documentation; 27 11. The contractor's employees who will perform work on the project must be covered 28 under a current workers' compensation policy and must be properly classified under 29 such policy; 30 12. The contractor must be in compliance with all laws regarding health insurance coverage 31 for employees; 32 13. The contractor must possess all applicable professional and trade licenses required for 33 performing the public works; 34 14. The contractor must have adequate financial resources to complete the public works 35 contract, and to complete all other work the bidder is presently under contract to 36 complete; 37 15. The contractor must be bondable for the terms of the proposed public works contract; 38 16. If required in the discretion of the Outagamie County Procurement Coordinator at the 39 time a Request for Bids or Request for Quotes regarding a contract of any amount is 40 issued, then in order to be considered a responsible bidder, the contractor must have a 41 record of satisfactorily completing a specific number of projects of similar size and 42 complexity within the last specific number of years, with the required specific number 43 of projects and years to be determined by the Procurement Coordinator prior to the 44 Request for Bids or Request for Quotes being issued; 45 17. The contractor must have a history of satisfactorily completing projects. Criteria which 46 will be considered in determining whether the contractor is a responsible bidder 47 regarding satisfactorily completing projects may include, but are not limited to, 48 whether the contractor has an acceptable past history of: 49 Ordinance No. O—2023-24 Page 3 a) Completing contracts in accordance with drawings and specifications; 1 b) Diligently performing work and completing contracts in accordance with 2 established time schedules, including any granted extensions of time; 3 c) Fulfilling guarantee requirements of the contract documents; and 4 18. The contractor must have, and diligently maintain, a written safety program. 5 19. The general or prime contractor bidding on a public works contract must include in its 6 sealed bid an affidavit swearing compliance with the criteria set forth in subsection (c) 7 on the form required by the county. The general or prime contractor awarded the 8 public works contract must also provide to the county an affidavit swearing 9 compliance with the criteria set forth in subsection (c) on the form required by the 10 county from every subcontractor at any tier who will perform work on the project prior 11 to that subcontractor commencing work on the project. 12 (d) No Restriction on Discretion. If information is discovered or comes into the possession of 13 the county or a county department, official and/or employee responsible for awarding the 14 public works contract, and if such information calls into question the contractor's abilities 15 or competence to faithfully and responsibly comply with the terms of a public works 16 contract and is considered to be both credible and verifiable, then that information shall be 17 considered in determining whether the contractor is a responsible bidder. 18 19 BE IT FURTHER ORDAINED, that this ordinance shall be in effect upon completion of 20 publication in accordance with Wisconsin State Statutes, and 21 BE IT FINALLY ORDAINED, that the Outagamie County Clerk be directed to forward a copy of 22 this ordinance to the Outagamie County Corporation Counsel and Municipal Code Corporation for 23 inclusion in the Outagamie County Code of Ordinances. 24 Dated this day of March 2024 25 26 27 28 29 30 31 32 33 34 Ordinance No. O—2023-24 Page 4 1 Respectfully submitted, 2 3 PROPERTY, AIRPORT, RECREATION & 4 ECONOMIC DEVELOPMENT COMMITTEE 5 6 7 8 9 Dean Culbertson Lee W. Hammen 10 11 12 13 14 Ronald Klemp Yvonne Monfils 15 16 17 18 19 Jayson Winterfeldt 20 21 Duly and officially adopted by the County Board on: _______________________ 22 23 24 Signed: 25 Board Chairperson County Clerk 26 27 28 Approved: Vetoed: 29 30 31 Signed: 32 County Executive Ordinance No. O—2023-24 Page 5 Ordinance No. O—2023-24 Page 6 Ordinance No. O—2023-24 Page 7 Ordinance No. O—2023-24 Page 8 Ordinance No. O—2023-24 Page 9 Ordinance No. O—2023-24 Page 10 Ordinance No. O—2023-24 Page 11 Ordinance No. O—2023-24 Page 12