Board of Public Works awards Regner Park parking stalls contract, rejects low bidder for sidewalk repairs citing competence concerns

The Board of Public Works on May 5 approved two local public‑works contracts and explicitly declined to award to the apparent low bidder on the sidewalk contract because of past performance concerns.

Regner Park parking stalls: Public works staff proposed and the board approved awarding contract 2502 for two accessible parking stalls at the Labyrinth Garden entrance to BMCI Construction of Wisconsin. BMCI’s base bid was $34,185; staff listed a contingency bringing the total project allocation to $35,560. Funding for the project was described in the packet as $10,500 from the 2025 CIP, $23,500 from carry‑forward CIP funds from prior years and an operating fund amount recorded in the transcript as $15.60 (the meeting record shows that value as stated by staff).

Sidewalk repairs: The board received two bids for the annual sidewalk repair contract (contract 2504). The apparent low bidder was Forward Contractors, but public‑works staff said their investigation of Forward’s performance on prior West Bend contracts found persistent problems: poor responsiveness, inconsistent crews, and unfinished work on a previous contract. Staff recommended awarding the contract to BMCI Construction, the second‑lowest bidder, at $123,990 per unit prices with a contingency of about 5.65% for a total allocation not to exceed $131,000. The board discussed statutory authority to reject the lowest bidder and take competency into account; City Attorney Ian cited Section 6.215 (public construction bidding laws) and case law supporting a municipal competence determination.

Zone 7 / developer work: Staff reported that a developer agreed to complete work in Zone 7 independently and that the developer’s contractor estimate (~$17,500) was lower than the bid item (bid tab showed approximately $27,290). Staff said the city will reimburse the developer up to the bid item if costs exceed the bid. Because the developer’s estimate is lower, staff said the change will result in savings. The board moved to award contracts for Zones 1–6 and explicitly reject the bid for Zone 7; motions carried by voice vote.

Board members said declining the lowest bidder is an exception and emphasized documentation of prior performance. City staff said BMCI has an established history of completing contracts in West Bend and is recommended based on prior performance.