HomeMy Public PortalAbout00039REPEALED BY ORDINANCE NO. 164
O R D I N A N C E NO. 39
AN ORDINANCE providing the procedure in advertising for
bids and accepting bids for construction and the letting of
construction contracts.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT:
Section One. Upon the adoption of a resolution by the
Board of Trustees of The Metropolitan St. Louis Sewer District
declaring the necessity of any improvement, and stating the nature
thereof, the estimate of the probable cost thereof, and the method
of payment therefor, and determining to proceed with each
improvement, the Executive Director shall cause plans and
specifications for such improvement to be prepared and shall cause
an advertisement for bids to be inserted in one or more daily or
weekly newspapers of general circulation in the District. Such
advertisement shall be published not less than once a week for
three consecutive weeks. The Executive Director may publish
additional notices in trade papers or magazines. Each letting of
work shall be designated by a number, and shall be officially
known by such number. Such notice shall fix the date, hour, and
place at which bids are to be received, publicly opened, and read.
The date for the opening of such bids shall be not less than
seven nor more than ten days after the date of the last insertion
of such advertisement.
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PROVIDED, that where the estimated probable cost of an
improvement does not exceed Five Thousand ($5,000.00) Dollars, or
where, in case of an emergency, the estimated probable cost of
such emergency work does not exceed Twenty Five Thousand
($25,000.00) Dollars, the Executive Director may, in lieu of
advertising for bids in a newspaper, advertise for bids by
circular notice to not less than five contractors engaged in the
type of work contemplated, and by such other forms of notice as
will in his judgment bring about the filing of the largest number
of bids.
Section Two. Each bid for work shall be made upon a
blank form to be furnished by the Executive Director, and shall be
placed in a sealed envelope, addressed to the Executive Director
and endorsed "Proposal for Public Work", and with the number of
the letting for which the bid is made. Each bid shall be signed
in ink by the bidder, or, when the bid is by a corporation, firm,
or partnership, by an authorized officer, agent or partner.
Evidence of authority to act as attorney in fact or agent shall be
furnished with the bid. No bid shall be opened before the day and
hour fixed in the notice. Any bid may be withdrawn before the
scheduled time for opening bids. No bid may be withdrawn after
the scheduled time for opening bids for a period of thirty days
thereafter.
Section Three. Each bid shall be accompanied by bid
security of a certified check or a cashier's check, payable to the
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District, in an amount of not less than 5% of the bid, or a bid
bond in the penal sum of not less than 5% of the bid. Such check
or bond shall become the property of the District only upon the
condition that, if the bid by the bidder is accepted and the
bidder fails or refuses to enter into a contract pursuant to such
bid, the principal sum of such bond or such checks shall be
forfeited to the District.
Section Four. No contract shall be deemed to be
accepted unless, at the time of the signing of same by the bidder,
he shall file with the District performance bond acceptable to the
District for the full amount of the contract, secured by a
corporation engaged in the bonding business, and authorized under
the laws of Missouri to do business in this State, and approved by
the District.
Section Five. The successful bidder shall be notified
by registered mail by the Executive Director that the award has
been made and that, within ten days after receipt of such notice,
the successful bidder shall enter into a contract to do the work
bid for according to the terms of his bid, and shall file the
performance bond provided for in Section Four; provided however,
that the Executive Director may in his discretion extend the time
limit for furnishing performance security to a date not later than
fifteen days after the receipt of such notice.
Section Six. If any bidder to whom a contract shall
have been awarded shall fail to enter into a contract and to
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furnish approved performance security within the time specified,
his bid security shall be forfeited to the District, and the
District may advertise for new bids, or may in the discretion of
the Executive Director accept the bid of the next lowest
responsible bidder.
Section Seven. As soon as a contract for public work
has been awarded by the Executive Director, the Director thereupon
shall return to each unsuccessful bidder except the two next
lowest responsible bidders the bid security of bond or check
accompanying each respective bid. The retained bid security of
the two next lowest bidders shall be delivered to the Secretary-
Treasurer by the Executive Director, and shall be retained by the
Secretary-Treasurer until the contract and the performance bond
have been signed, delivered, and accepted by the Executive
Director, who, thereupon shall request the Secretary-Treasurer to
return the retained bid securities of the said two next lowest
bidders.
Section Eight. All bids shall be publicly opened and
read on the day and hour, and at the place indicated in the
advertisement by the Executive Director, in the presence of such
bidders as desire to be present.
Section Nine. Any bid blanks not properly filled in,
or in any wise incomplete or ambiguous as to intent or meaning, or
bearing any alteration or erasure apparent upon the face thereof,
or not properly signed, or not accompanied by bid security as
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hereinbefore provided, shall be rejected.
Section Ten. As soon as the canvass of the several
bids has been completed, the contract shall be awarded by the
Executive Director to the lowest responsible bidder, as soon as
practicable and within twenty days after opening the bids. No
person shall be deemed a responsible bidder who has failed or
refused to carry out any prior contract let to him by the District
for doing any work contemplated by the Plan of the District. Any
bidder may be required to furnish evidence of experience and
ability to finance and execute the work in order to establish
responsibility as a bidder.
PROVIDED, however, that the Executive Director shall
have full power and authority to defer the award of a contract for
a period not greater than twenty days after opening of the bids,
and to reject any or all bids advertised for and submitted,
whenever in his judgment the interest of the District may require
it, and in the event of bid rejection shall re-advertise for bids
for such work.
Section Eleven. The performance bond required by
Section Four of this ordinance shall be conditioned that the
principal therein will faithfully and properly perform the
contract according to all of the terms thereof, that he will
guarantee the workmanship and materials for a period of one year
after the date of final acceptance of the work, and that he will,
as soon as the work contemplated by the contract shall have been
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completed, pay to the proper parties all sums due for materials,
labor and services used and employed in the performance thereof.
Any materialman, laborer, or mechanic who has not been fully paid
for his services upon the completion of the contract, may sue upon
such bond in the name of the District to the use of such
materialman, laborer, or mechanic for the amount due him, provided
that no such suit shall be instituted or maintained after the
expiration of ninety days from the completion of the contract.
The contractor shall furnish evidence of payment of all bills when
so requested by the Executive Director.
Section Twelve. No contract for more than Five
Thousand ($5,000.00) Dollars, or for emergency work not to exceed
Twenty-five Thousand ($25,000.00) Dollars, shall become binding
and effective until confirmed by ordinance adopted by the Board of
Trustees, and no contract for Five Thousand ($5,000.00) Dollars or
less, or for emergency work not to exceed Twenty-five Thousand
($25,000.00) Dollars, shall become binding and effective until
approved by the Board of Trustees. In the event that such
ordinance is not adopted or such approval rendered by such Board
within twenty days after the executed contract and bond have been
received by the Executive Director, the contractor may, at his
option, withdraw his bid and his performance bond.
Section Thirteen. All contracts for improvements which
involve labor shall require that prevailing rates of pay shall be
paid to skilled and unskilled labor employed thereon, and that
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there shall be no discrimination in the selection or employment of
labor because of race, creed or color, and such provisions shall
be included in the invitations for bids and shall be included in
proposals or bids for the work.
Section Fourteen. All contracts for improvements shall
specify how the same shall be paid for. In case that payment is
to be made to the contractor in whole or in part with special tax
bills or other evidence of special assessments, the District, or
Subdistrict, as the case may be, shall in no case be liable for
that part of the work to be paid for by such special tax bills or
other evidence of special assessments.
Section Fifteen. The fact that the District presently
has no ordinance providing the method for advertising for bids,
receiving bids, and letting contracts for construction, and that
the District will, in the immediate future, find it necessary to
let construction contracts creates an emergency within the meaning
of the Plan, and this ordinance shall take effect immediately upon
its enactment.
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The foregoing Ordinance was adopted November 28, 1955.