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HomeMy Public PortalAbout00164AMENDED BY ORDINANCE NO. 199 AMENDED BY ORDINANCE NO. 569 REPEALED BY ORDINANCE NO. 8879 - 2/10/93 O R D I N A N C E NO. 164 AN ORDINANCE repealing Ordinance No. 39, as adopted November 28, 1955, and enacting a new ordinance in lieu thereof relating to the same subject. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT: Section One. Ordinance No. 39, as adopted November 28, 1955, is hereby repealed. Section Two. Upon a determination by the Board of Trustees to proceed with any improvement, except emergency work or repairs requiring prompt attention the probable cost of which is estimated not to exceed Fifteen Thousand Dollars ($15,000.00), and ordinary maintenance work, 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 2 insertion of such advertisement. PROVIDED, that where the estimated probable cost of an improvement does not exceed Five Thousand ($5,000.00) Dollars, the Executive Director may, in lieu of advertising for bids in a news- paper, 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 Three. Upon a determination by the Executive Director that emergency work or repairs requiring prompt attention must be undertaken and that the work or repairs cannot be accomplished with available district employees within a reasonable time, that the probable cost is estimated not to exceed Fifteen Thousand Dollars ($15,000.00) and that sufficient unencumbered funds are available, the Executive Director may in his discretion advertise for or solicit bids therefor by any appropriate means which will in his judgment bring about the filing of the largest number of bids within the time available. PROVIDED, that in the event the Executive Director determines that the emergency is of such character as to require immediate work and that delay in undertaking such emergency work or repairs will result in increased cost and expense, or hazard to the public health and safety and that the work or repairs cannot be accomplished with available district employees within a 3 reasonable time, he may, upon making such determination, immediately negotiate with a reputable contractor to do such emergency work or make such emergency repairs on the basis of the cost of time and materials necessary therefor, plus a reasonable profit. Such contract shall, however, provide for a fixed maximum price, and shall be and become effective immediately upon its signing, any provision in this ordinance to the contrary notwithstanding. The Executive Director, at the next meeting of the Board of Trustees after letting a contract under this provision, shall furnish to the Board a full explanation of the facts and circumstances upon which he based his determination to let such contract, and the Secretary-Treasurer shall record the same in the Journal of the Board. Section Four. 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 4 the scheduled time for opening bids for a period of thirty days thereafter. Section Five. Each bid shall be accompanied by bid security of a certified check or a cashier's check, payable to the 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 Six. 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 Seven. 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 5 limit for furnishing performance security to a date not later than fifteen days after the receipt of such notice. Section Eight. If any bidder to whom a contract shall have been awarded shall fail to enter into a contract and to 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 Nine. 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 Ten. 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. 6 Section Eleven. 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 hereinbefore provided, shall be rejected. Section Twelve. 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 Thirteen. The performance bond required by Section Four of this ordinance shall be conditioned that the principal therein will faithfully and properly perform the 7 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 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 Fourteen. No contract shall be or become effective until the contractor has furnished satisfactory evidence that the work embraced in the contract is covered by policies of insurance for the joint and several benefit of the contractor and the District as to liability for personal injuries and property damage. Such policies shall be issued by companies acceptable to the District and shall be issued with such policy limits as the Executive Director may determine to be adequate. Section Fifteen. Except as provided in Section Three of this Ordinance no contract for more than Five Thousand ($5,000.00) Dollars, or for emergency work for more than Fifteen 8 Thousand($15,000.00) Dollars, shall become binding and effective until confirmed by ordinance adopted by the Board of Trustees. Section Sixteen. 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 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 Seventeen. 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. 9 The foregoing Ordinance was adopted November 4, 1957.