Effective - 28 Aug 1939
249.340. Contractual procedure and work specifications. — 1. Whenever it shall be ordered by the board of trustees of the sewer district that any sewer or system of sewers in the incorporated sewer district be constructed in accordance with the provisions of sections 249.010 to 249.420 and the engineer's estimated cost thereof exceeds the sum of five hundred dollars the said board of trustees shall order its said engineer to prepare and file with the secretary of said board of trustees all necessary maps, plans, specifications and profiles and the estimated cost of the work. Said board of trustees may approve or reject the maps, plans, specifications and profiles and have others prepared and filed.
2. When the maps, plans, specifications and profiles have been approved, the said board of trustees shall order its engineer to advertise the letting of the contract, proposed to be let, by advertisement in some newspaper that has a general circulation in the district wherein the contract is to be executed which said advertisements shall be published once a week for three consecutive weeks, the last insertion to be within ten days of the day of the letting.
3. All bids should be in writing accompanied by instructions to bidders which shall be furnished by the engineer of said board of trustees upon application. All bids on sewer work shall state the unit price upon which the same are based. All bids shall be sealed and filed with the secretary of said board of trustees, and, on the day and at the hour named in the advertisement, shall be publicly opened and read in the presence of the board of trustees and the engineer of said board and shall then be recorded in detail in some suitable book. All bids shall be accompanied by a certified check equal to ten percent of the engineer's estimate of cost, payable to the said board of trustees, or a bidder's bond executed by some surety company authorized to do business in this state or other good and sufficient surety in a like sum shall be given, as guarantee on the part of the bidder that if his bid be accepted he will, within ten days after receipt of notice of such acceptance, enter into contract and bond with good and sufficient sureties to be approved by the board to do the work advertised, and in case of default, forfeit and pay the sum of ten percent of the engineer's estimate of cost. The contract shall be awarded to the lowest and best bidder. The said board of trustees may in its discretion reject any and all bids. Any bid in excess of the engineer's estimate of the cost of the work to be done shall be rejected.
4. When it shall be decided by order of record to accept any bid the said board of trustees shall order a contract to be entered into between the bidder and the said board of trustees. The contract shall have attached to and made a part thereof the proposal sheet, instructions to bidders, the bid, maps, plans, specification, and profiles. Whenever the contract is executed and approved by order of record and endorsement thereon it shall be filed and preserved as a permanent record in the office of the said board of trustees.
5. It shall be incorporated in the contract that the said board of trustees shall reserve the right to make any additions to, omissions from, changes in, or substitution for the work or materials called for by drawings and specifications, without notice to the surety on the bond given to secure the faithful performance of the terms of the contract. The bidder must agree that before the sewer district shall be liable for any additional work or material the board of trustees of said sewer district must first order the same and the cost thereof must be agreed upon in writing and entered of record before such additional work shall apply in case of omissions, deductions or changes, and the unit price shall be the basis of the valuation of such changes. In case of disagreement upon the cost or price of any addition, omission or change ordered or so desired, then it is expressly agreed that the decision of the engineer of said board of trustees shall be received and accepted as fixing definitely and finally the cost of such change and when so fixed the said board of trustees shall enter of record such change. It shall also be provided in the contract that the contractor will furnish and promptly pay for all labor employed and materials used in the performance of such contract, and pay all bills incurred by said contractor in performance of said contract or contracts.
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(RSMo 1939 § 12674)
Structure Missouri Revised Statutes
Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply
Chapter 249 - Sewer Districts in Certain Counties
Section 249.010 - Sewer district organization — petition for.
Section 249.020 - Determination of population.
Section 249.030 - Location of sewer district.
Section 249.040 - Sanitary engineer — appointment, oath, duties, reports, contents.
Section 249.050 - Notice of hearing.
Section 249.070 - Election on incorporation — notice.
Section 249.080 - Form of ballot for election to incur indebtedness.
Section 249.090 - Trustees — bonds issued — tax for interest and sinking fund.
Section 249.110 - Tax levy to be authorized by voters — election expenses, how paid.
Section 249.120 - Bonds — denominations — interest — registry — deposit of funds.
Section 249.130 - Taxes levied, when and how.
Section 249.136 - Indebtedness authorized — limitations — election required.
Section 249.140 - Trustees, qualifications, election, term.
Section 249.150 - Biennial elections.
Section 249.160 - Organization of board of trustees.
Section 249.170 - Two trustees may make decision.
Section 249.180 - Vacancies, how filled.
Section 249.190 - Failure of trustee to qualify — compensation of trustees.
Section 249.200 - Trustees to furnish bonds.
Section 249.210 - Trustees shall maintain record of proceedings.
Section 249.220 - Trustees may promulgate rules and regulations.
Section 249.230 - Trustees to employ an attorney.
Section 249.240 - Trustees to provide for payment of salaries, fees.
Section 249.250 - Unpaid warrants to draw interest.
Section 249.255 - Public sewer district lien for unpaid charges — disconnection of services.
Section 249.260 - Trustees to appoint engineer — adoption of sewer plan.
Section 249.270 - Purchase of maps.
Section 249.300 - Sewage disposal plants.
Section 249.310 - Trustees charged with maintenance of system.
Section 249.320 - Appropriation of land.
Section 249.330 - Bids for improvement contracts.
Section 249.340 - Contractual procedure and work specifications.
Section 249.350 - Payments on contract — inspection of work.
Section 249.360 - Subdivision of district.
Section 249.370 - Powers of board of trustees after adoption of plans.
Section 249.380 - Detailed plans of lateral system made and filed by engineer.
Section 249.390 - Election in subdistrict for issuance of bonds.
Section 249.395 - Funding or refunding bonds authorized — how paid.
Section 249.400 - Rental charges from abutting property owners.
Section 249.410 - Delinquent rental charges to bear interest.
Section 249.420 - Additional lateral sewers in subdistrict.
Section 249.430 - Definitions.
Section 249.460 - Sewer engineer appointment — duty to advise county commission.
Section 249.480 - Resolution to be published — hearing of protest.
Section 249.485 - Sewer district to be separate entity not part of county commission, exception.
Section 249.490 - County commission may alter district boundaries.
Section 249.500 - Joint sewers may be established by county commission.
Section 249.510 - Contract bids.
Section 249.520 - Contractor's bond — apportionment of costs — assessments — tax bills.
Section 249.530 - Construction without contract.
Section 249.550 - Assistants employed by sewer engineer.
Section 249.565 - Violation of section or regulation, misdemeanor.
Section 249.570 - Connection of previously constructed sewers.
Section 249.580 - Special tax bills.
Section 249.590 - Record of special tax bills.
Section 249.600 - County not liable for errors.
Section 249.610 - Sewer tax bill record — inquiries about taxes — payments.
Section 249.620 - Collector shall pay holder of tax bill.
Section 249.630 - Procedure of recording payments.
Section 249.650 - Suits to collect taxes.
Section 249.660 - Legal aid — how secured.
Section 249.663 - Dissolution of district when obligations paid — disposition of assets.
Section 249.665 - Incorporated cities excluded from district, when.
Section 249.667 - Powers of county commission as to city property if district bonds issued.
Section 249.670 - Liquidator — appointment — oath — bond — powers and duties.
Section 249.680 - Liquidator to have full charge of district.
Section 249.690 - Court defined.
Section 249.700 - Compensation of liquidator and counsel.
Section 249.710 - Penalty for nonpayment of tax fixed — prior inconsistent laws repealed.
Section 249.720 - Abatement of accrued penalties for delinquency.
Section 249.730 - Court costs not taxed, when.
Section 249.740 - Court costs may be abated, remitted or not taxed.
Section 249.750 - Suits dismissed, when — winding up affairs, discharge of liquidator.
Section 249.761 - Definitions.
Section 249.763 - Incorporation of district — petition — bond.
Section 249.765 - Notice of proceedings.
Section 249.770 - First election of supervisors — terms.
Section 249.773 - Election of supervisors — terms — vacancies, how filled.
Section 249.774 - Board members for sewer districts, appointment, terms, vacancies.
Section 249.775 - Oath of supervisors.
Section 249.783 - Duties of officers.
Section 249.787 - Estimate of expenses — tax levy, how collected.
Section 249.790 - Debt may be incurred, procedure.
Section 249.793 - Board may issue current revenue bonds.
Section 249.795 - Refunding bonds, how issued.
Section 249.797 - Revenue bonds, issuance — effect on fees and charges.
Section 249.803 - Owner and occupant both liable for sewerage charges.
Section 249.805 - Refunding of revenue bonds.
Section 249.807 - Extension of boundaries of district, procedure.
Section 249.810 - Dissolution of district, procedure.
Section 249.925 - Definitions.
Section 249.931 - Boundaries of district, how set.
Section 249.947 - Cause of action to set aside assessment, time limitation.
Section 249.949 - Assessment to be a lien on property.
Section 249.1100 - Consolidation of sewer districts permitted, when, procedure.
Section 249.1103 - Public hearing to be held prior to election for consolidation of sewer districts.
Section 249.1109 - Combining of original districts after consolidation approved.
Section 249.1112 - Board of directors, members, terms, vacancies, expenses.
Section 249.1115 - Powers, privileges and duties of original districts retained after consolidation.