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hereby repealed.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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.