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HomeMy Public PortalAbout08879AMENDED O R D I N A N C E NO. 8879 BY #9011-6/9/93 AN ORDINANCE, repealing Ordinance Nos. 164, 199 and 569, and enacting one new ordinance in lieu thereof relating to the same subject matter. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT: Section One. Ordinance Nos. 164, 199 and 569, are hereby repealed. Institution of Proceedings for Improvements. All proceedings to make any improvements, except emergency work or repairs requiring prompt attention and ordinary maintenance work, shall be begun by the adoption of a resolution by the Board declaring the necessity of such improvement, and stating the nature thereof, the estimate of the probable cost thereof, and the method of payment therefor. When payment is to be made by special tax bills or other evidence of special benefit assessments upon real property, or out of the Improvement Fund, as herein provided, reimbursed by collection of such assessments, the resolution shall state the proposed method of making such assessments to pay therefor. Any error or inaccuracy in the estimate of the probable cost of any such improvement as compared with the actual cost of the work shall not affect the validity of the proceedings or of any special benefit assessments made or special tax bills issued to pay for such work. Section Two. Public Hearings on Improvements. Upon the adoption of such resolution, the Board shall provide for and 2 give adequate notice of a public hearing or public hearings in respect to all improvements to be paid for by special benefit assessments and all other improvements the total estimated cost of which shall be seven thousand five hundred dollars or more. Such public hearing or public hearings shall be held not less than ten nor more than thirty days after the adoption of such resolution, and all persons interested in such improvement shall be given an opportunity to be heard. After such hearing or hearings, the Board may determine that it is or is not in the public interest that such improvement or any part thereof be made. Section Three. Plans and Specifications for Improvements. After such hearing or hearings, if the Board determines to proceed with such improvement or any part thereof, the Executive Director shall cause plans and specifications for the proposed improvement to be prepared and submitted to the Board for approval. Such plans and specifications shall not limit the materials to be used to those of any particular producer or manufacturer, but shall be so arranged as to permit materials and processes to enter into competition. Provided, however, if the Executive Director determines that such plans and specifications require improvements which are only available from a single source or supplier, the Executive Director may proceed to obtain the required improvements from said single source or supplier without competitive bidding as required otherwise. Such determination by the Executive Director and the basis therefor shall be reduced to 3 writing and filed with the contract documents relating to the improvements. In cases of reasonable doubt, the Executive Director should solicit competition. Section Four. Bid Forms. Each bid for improvements shall be made upon blank forms furnished by the Executive Director and submitted in a sealed envelope. Section Five. Bid Security. Each bid shall be accompanied by bid security consisting of a certified check or a cashier's check payable to the Metropolitan St. Louis Sewer District, in an amount of not less than five percent (5%) of the bid (less any allowances specified in the bid documents), or a bid bond in the penal sum of not less than five percent (5%) of the bid (less any allowances specified in the bid documents). Section Six. Contracts for Improvements. The Executive Director shall cause advertisements for bids for improvements to be placed in not less than one daily or weekly newspaper of general circulation not less frequently than once a week for three consecutive weeks, the last date of publication being not less than seven days preceding the date for receipt of bids. The Executive Director may cause to be published additional advertisements in said newspapers or trade papers or magazines, if in his sole discretion, he believes such additional advertisements appropriate. All advertisements shall fix the date, hour and place at which bids will be received, publicly opened and read. The Executive Director shall have full power to reject any and all 4 bids, whenever in his judgment the interest of the District may require it. Except for such right of rejection, after the canvass of all bids has been completed, the Executive Director shall award the contract to the lowest responsible bidder and shall cause the contract to be formally executed by the contractor as soon as practicable. In determining "lowest responsible bidder", in addition to price, the Executive Director shall consider the ability, capacity and skill of the bidder to perform the work called for by the contract; whether the bidder can perform the work in a timely manner; the character, integrity, reputation, judgment, experience and efficiency of the bidder; the quality of performance of previous contracts and whether the bidder has failed or refused to carry out any prior contract let to it by the District; previous and existing compliance by bidder with all applicable laws relating to the contract; the sufficiency of the financial resources of the bidder; and the number and scope of any conditions attached to the bid. PROVIDED, however, such contract, before it becomes binding and effective, shall be confirmed by ordinance adopted by the Board. All contracts for improvements which involve labor shall contain provisions that the 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, religion, creed, color, sex, age, national origin, ancestry, handicap or disability, and such provisions 5 shall be included in the invitations for bids and the proposals or bids for the work. The bid documents shall provide that the contractor shall take the following actions: 1.Not discriminate in employment upgrading, demotion or transfer, recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship; 2.Post in conspicuous places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause. 3.Comply with the District's DBE policy in effect at the time of bidding. Section Seven. Bond. Within a reasonable time after award of the contract and prior to execution of the contract documents, the apparent successful bidder shall secure and file with the District a bond or bonds for the full amount of the contract less any allowances specified in the bid documents, 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. Provided, however, that for projects less than $50,000, the requirement for said bond or bonds may be waived if so specified in the bid documents and if approved by the Board of Trustees. Section Eight. Insurance. Within a reasonable time 6 after award of the contract and prior to execution of the contract documents, the apparent successful bidder shall secure and file with the District satisfactory evidence of those insurance policies required by the bid documents. Section Nine. Failure to Execute. If any bidder to whom a contract shall have been awarded shall fail to enter into a binding contract or furnish required performance security or insurance within the time specified in the bid documents, the Executive Director may take all steps to forfeit said bidder's bid security to the District. Section Ten. Return of Bid Security. As soon as a contract for improvements has been awarded by the Executive Director, the Director thereupon shall return to each unsuccessful bidder (except the next lowest responsible bidder) the bid security of bond or check accompanying each respective bid. The bid security of the next lowest responsible bidder shall be retained until the contract documents with the apparent low bidder have been signed, delivered and accepted by the Executive Director, who, thereupon shall return all retained bid security. Section Eleven. Pre-qualification-Procedures. The Executive Director may require prequalification of prospective bidders for a project or projects. In order to prequalify for a project, a prospective bidder must provide all information requested on forms approved by the Executive Director and must comply with all reasonable requirements designated by the 7 Executive Director. Section Twelve. Emergency Work and Repairs-Procedures. An emergency condition exists when any part of the District's system, facilities or property is in a condition such that it is reasonably likely to cause loss of life, personal injury, property damage or other serious consequence or when failure to do or take an action would adversely affect the District. When the Executive Director determines that an emergency condition exists and that sufficient unencumbered funds are available, then the Executive Director is authorized to contract for such work or repairs. The contract for such work or repairs shall provide for a not-to- exceed contract amount and shall be effective immediately upon its execution, nothing in this ordinance to the contrary notwithstanding. Provided, however, that the Executive Director shall furnish to the Board a full explanation of the facts and circumstances upon which he based his determination to let said contract, and the Secretary-Treasurer shall record the same in the Journal of the Board. Section Thirteen. Work Under $7,500.00-Procedures. When the estimated probable cost of an improvement is less than Seven Thousand Five Hundred Dollars ($7,500.00), the Executive Director may, in lieu of advertising for bids in a newspaper, advertise for bids by circular notice to not less than three contractors engaged in the type of work contemplated, and by such other forms of notice as will in his judgment bring about the 8 filing of the largest number of bids. The Executive Director, in his discretion, may also waive the requirements for bid security, performance bond and insurance for improvements less than $7,500.00. The contract for said improvements shall provide for a not-to-exceed contract amount and shall be effective upon its execution, nothing in this Ordinance to the contrary notwithstanding. Section Fourteen. Method of Payment for Improvements to be Specified. All ordinances and contracts for improvements shall specify how the same are to be paid for. In case payment is to be made in whole or in part to the contractor in special tax bills or other evidence of special assessments, the District or subdistrict, as the case may be, shall in no event be liable for or on account of the work to be so paid for. Section Fifteen. Special Tax Bills. Upon the completion of any work, the payment for which is to be made by special tax bills, the Board shall by ordinance direct the issuance of said tax bills. When said ordinance is approved, the tax bills authorized thereby shall become a lien upon the property charged therewith upon filing with the Recorder of Deeds of the City of St. Louis or the Recorder of Deeds of St. Louis County, as the case may be; provided, however, there shall be no priority between special tax bills issued under the Plan, regardless of the date of such bills. They shall be payable to the party entitled thereto either at the office of the Secretary-Treasurer or at some 9 bank or trust company in the City of St. Louis or St. Louis County at the option of the party so entitled. They shall be promptly registered in the offices of the Director of Finance and Secretary-Treasurer and delivered to the person entitled thereto. They shall be prima facie evidence of what they contain and of their own validity, and no mere informality or clerical mistake in any of proceedings shall be a defense thereto. Such tax bills shall mature at such times and bear such rate of interest as may be prescribed by the ordinance directing the issuance thereof, and at the request of the property owner may be made payable in annual installments, not exceeding ten. Section Sixteen. Invalid Assessments may be Reassessed. If any such special tax bill or special benefit assessment shall fail to be valid in whole or in part, or if for any cause, mistake, or inadvertence the amount assessed shall not be sufficient to pay the cost of such improvements, the Board shall be and is hereby authorized to cause such assessment to be reassessed and to enforce or authorize the enforcement of its collection. Section Seventeen. Property Subject to Special Benefit Assessment. All real property located within any benefit subdistrict established by the Board, whether publicly or privately owned, shall be liable for special benefit assessments made or special tax bills issued against such property. Any such assessment or tax bill shall constitute a personal obligation of 10 the owner of such property as well as a lien against the property and may be collected by suit or other proceedings in any court of competent jurisdiction, and such assessment, tax bill, or judgment thereon, against public property shall be paid out of the general treasury of the public body, agency, corporation, or authority owning such property. Section Eighteen. Improvement Fund. There is hereby created a fund to be known as the "Improvement Fund". Any moneys in said fund may be used to pay the cost of any improvement or to purchase any special tax bills issued for any improvement. Said fund may be established and maintained from any or all of the following sources: (1) Appropriations from the general funds of the District when available. (2) The proceeds from bond issues as provided in this Plan. (3) Collections of special benefit assessments or special tax bills, and any interest thereon, levied or issued for work or condemnation of land theretofore paid for out of said Improvement Fund. (4) The proceeds from the sale of special tax bills. (5) Any other source permitted by law. Whenever the Board shall authorize the cost of any improvement or the purchase of any tax bills issued for any improvement to be paid out of the Improvement Fund, any special 11 benefit assessment and interest thereon that may be levied and collected on account of such improvement or the proceeds from the collection of any such tax bills and interest thereon shall be credited to and be paid into said fund. The foregoing Ordinance was adopted February 10, 1993.