Towns, cities or villages may not use their own work force or equipment on ARIP projects pursuant to s.86.31(2)(b), Wis. Stats.
A Cost Effectiveness Finding (CEF) is required for county ARIP projects when the county will be completing a portion of the work with their own forces. If the county chooses to use their forces and equipment on the project and completes a CEF, the county must receive approval from the ARIP Discretionary Committee prior to bidding. The county should provide documentation to the ARIP committee that confirms the work will be cost effective. The county must receive approval from the committee on the project prior to work being performed.
A town, city or village that does not receive a responsible bid for an ARIP improvement may contract with their county for the improvement. In order for the county to do the work, all bids must have been rejected and considered not “responsible” or not “responsive,” pursuant to s. 86.31(2)(b), Wis. Stats.
ARIP contracts shall be awarded on the basis of competitive bids and shall be awarded to the lowest responsible bidder. A town may award a contract to the county using the 10% rule pursuant to s. 86.31(6)(h) Wis. Stats. criteria and procedures for contracting with a county for a town road ARIP improvement must include all of the following:
- A requirement that a written and sealed estimate of the cost of the improvement that includes the source of the estimate be prepared prior to the time set for the opening of bids for the improvement and not be opened until after the opening of all bids
- A requirement that all bids may be rejected, and the contract awarded to a county for the improvement if the lowest bid exceeds the cost estimate under s.86.31(6)(h)(2) Wis. Stats. by at least 10% and the town board notifies the two lowest bidders or, if only one bid was received.
- A requirement that the amount of the contract with a county for the improvement be at least 10% below the lowest bid received for the improvement.
- A provision that permits rebidding if the amount of the proposed contract with a county for the improvement is less than 10% below the lowest bid received for the improvement.
Subject to s. 59.52(30), a county may not perform work in another county unless one of the following applies:
- A part of the project location is in the county doing the work and no part of the project goes beyond the adjacent county.
- The project location is, wholly or in part, in a municipality that lies partially within the county doing the work.