The Oconto Falls City Council, ready to select contractors on Monday for a $310,000 street construction project, instead postponed a vote amid claims it was proceeding illegally.
After consulting with legal counsel on Tuesday morning, city officials determined the process used to obtain the quotes was acceptable, as long as no negotiation occurred after the quotes were reviewed.
The city plans to hire contractors to pulverize and pave Munsert Avenue, Monroe Street, Cherry Avenue, Ridge Road, Indianwood Drive and the municipal building parking lot.
Alderman Don Osborne said accepting quotes from contractors was “absolutely illegal.” On Osborne’s request, Mayor Brad Rice read aloud the state statute governing public construction projects exceeding $25,000; it requires municipalities to select the lowest responsible bidder.
“There’s a difference between quotes and bids,” Rice said.
Osborne on Monday refused to act on the quotes provided by Barley, of Menominee, Michigan, and the Oconto County Highway Department.
“My vote, I’ll tell you in advance, will be no, because I don’t want to be a part of an illegal activity. That’s the way I view this,” he said.
The council agreed to seek legal advice before proceeding.
On Tuesday morning, Osborne, Alderman Kevin Rusch, City Administrator Vicki Roberts and City Attorney Larry Jeske consulted with a legal representative from the League of Wisconsin Municipalities. It was determined the city’s method of publishing a request for quotes in a local newspaper and accepting sealed quotes was legal.
“I’m just glad it’s all clarified,” Osborne said Tuesday.
The council is scheduled to discuss the quotes when it meets at 7 p.m. Tuesday at the municipal building.
On Monday, Osborne also recommended publishing a request for bids in more than one newspaper and in a League of Wisconsin Municipalities publication.
“We said at the last meeting that there were very few quotes that came in, and I can see why. We barely advertise this,” he said.
Rusch said the general consensus Tuesday morning was to broaden the scope of publications used by the city when requesting quotes.
