ST. LOUIS PUBLIC LIBRARY
PREMIER LIBRARY SOURCES
HOME KIDZONE CATALOG SEARCH BULLET



BULLET St. Louis City Revised Code Chapter 6.04 Procedures and Terms

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 6.04
Procedures and Terms

Sections:

6.04.010 Contracts.
6.04.020 Bids--Generally.
6.04.030 Deposit--Amount.
6.04.040 Deposit--Conditioned--Time extension.
6.04.050 Bids--Opening.
6.04.060 Deposit--Disposition.
6.04.070 Bids--Rejection.
6.04.080 Awarding contracts.
6.04.090 Sureties and bonds.
6.04.100 Bond--Conditions.
6.04.110 Deposit--Forfeiture--New bids.
6.04.120 Bids--Additional information.
6.04.130 Penalty for violation of Section 6.04.120.
6.04.140 Official number.
6.04.150 City contracts to provide eight hour day.
6.04.160 Sunday clause.
6.04.170 Suspension clause.
6.04.180 Special tax work deposit--Use.
6.04.190 Special tax work deposit--Additional.
6.04.200 Special tax work deposit--Return.
6.04.210 Contracts for grading and repairs.
6.04.220 Annual emergency contracts for sewers.
6.04.230 Engineering and inspection costs special fund.

City Counselor Ops.: 10118, 10304

6.04.010 Contracts.

Every contract entered into by the Board of Public Service shall be signed by the President of the Board in the name of the City, and shall then be submitted to the City Counselor for the approval of the form thereof. After such approval has been received the contract shall be submitted to the Board of Public Service for its approval, which, when given, shall be endorsed thereon. It shall then be recorded in the office of the President of the Board of Public Service and also of the department or division having charge of the work. The original, after being countersigned by the Comptroller, shall be deposited in the Register's office, a duplicate shall be given to the contractor, and copies thereof shall be furnished to the Comptroller.
(1948 C. Ch. 16 14: 1960 C. 100.140.)

Charter:

Art. I 1(4) Authority of City to contract.

Art. IV 25 Expenditures, improvements and repairs by ordinance only.

Art. IV 26 Limitation on powers of Board of Aldermen, no contracts by Board of Aldermen.

Art. X 2 Approval of form of contracts by City Counselor.

Art. XIII 8 Appointment of specialists or experts.

Art. XIII 9 President of Board of Public Service charge of contracts.

Art. XXII 1 Ordinance for public works to be prepared by Board of Public Service with estimate of cost endorsed thereon.

Art. XXII 2 Ordinance shall authorize particular work; contain specific appropriations.

Art. XXII 4 How contract to be let, competitive bidding.

Art. XXII 5 Contract expressly subject to charter and payments limited to amount of particular appropriation.

Art. XXV 9 Contracts to be countersigned by comptroller and filed with Register.

V.A.M.S.:

8.250 Competitive bidding required.

70.220 Contracts with agencies of state, federal government, and other municipal corporations.

70.230 Procedure, ordinance required.

71.140 Missouri products preference.

106.300 Officers interested in contracts guilty of misdemeanor.

432.070 Contracts in writing, signed and dated when made, pursuant to specific ordinance.

Cases:

Contract must be expressly authorized by legislative body in reasonably definite and particularized detail. State v. City of Sullivan, 520 S.W. 2d 186.

After execution of contract let on competitive bids, city officers are executive and not contracting officers and may not modify written contract. United Construction Company v. City of St. Louis, 69 S.W.2d 639.

432.070 Applicable to City of St. Louis. West Virginia Coal Co. v. City of St. Louis, 25 S.W. 2d 466.

6.04.020 Bids--Generally.

Each bid for work shall be made upon a blank form, to be furnished by the Board of Public Service, and shall be placed in a sealed envelope addressed to the "President of the Board of Public Service," indorsed "proposals for public work," and with the number for the letting for which the bid is made. Each bid shall be signed by the bidder, or by an authorizing officer or agent, where the bid is by a corporation or firm. The bid shall not be opened before the day and hour fixed in the notice.
(1948 C. Ch. 16 4: 1960 C. 100.040.)

For opening bids, see 6.04.050.

Charter:

Art. XXII 4 How contracts to be let.

V.A.M.S.:

8.250 Advertising procedure for bids.

City Counselor Ops.: 8868, 9618, 9788, 10445.

6.04.030 Deposit--Amount.

The amount of the deposit shall be equal to ten percent (10%) of the total cost of the work as estimated by the Board of Public Service if the estimated cost is three thousand dollars ($3,000.00) or less. If the estimated cost is more than three thousand dollars ($3,000.00), the deposit shall be ten percent (10%) on three thousand dollars ($3,000.00) and two and one-half percent (2.5%) on the excess above three thousand dollars ($3,000.00). No deposit shall be less than fifty dollars ($50.00).
(1948 C. Ch. 16 6: 1960 C. 100.060.)

6.04.040 Deposit--Conditioned--Time extension.

The deposit shall be conditioned that the successful bidder shall enter into a written contract to do the work bid for according to the terms of this bid, and shall furnish approved security within five days after the award has been made and the bidder notified thereof. An extension of time for furnishing security may be granted by a majority vote of the Board of Public Service, not to exceed fifteen days.
(1948 C. Ch. 16 7: 1960 C. 100.070.)

City Counselor Ops.: 9792.

6.04.050 Bids--Opening.

The bids shall be opened and read on the day and at the place indicated in the advertisement by the President of the Board of Public Service, at or about the hour of twelve, noon, in the presence of the Board and of bidders as desired to be present.
(1948 C. Ch. 16 10: 1960 C. 100.100.)

City Counselor Ops.: 9160

6.04.060 Deposit--Disposition.

As soon as a contract for public work has been awarded, the President of the Board of Public Service shall return to each unsuccessful bidder the certified check accompanying his bid as the amount of deposit. The certified check of the successful bidder shall be forwarded by the President of the Board to the City Treasurer as the deposit of the successful bidder, and the amount thereof shall be retained by the Treasurer until the contract shall have been entered into and bond approved by the Board of Public Service. Until such disposition is made of the certified checks accompanying bids, the same shall remain in the custody of the President of the Board of Public Service.
(1948 C. Ch. 16 9: 1960 C. 100.090.)

City Counselor Ops.: 9841, 10131

6.04.070 Bids--Rejection.

If any bids blanks are not properly filled up to make a bid complete and without any ambiguity as to its intended meaning, or if it be not properly signed, or if the certified check has not been enclosed with the bid as provided in this chapter, then the bid shall be rejected.
(1948 C. Ch 16 11: 1960 C. 100.110.)

City Counselor Ops.: 8025, 8351, 9046, 9133, 9213, 9615, 9831, 10447.

6.04.080 Awarding contracts.

As soon as the canvass of the several bids shall have been completed, the contract shall be awarded to the lowest responsible bidder. No person shall be a responsible bidder who has failed or refused fully to carry out any prior contract let to him for doing any work contemplated by the Charter. The Board of Public Service shall have full power and authority to reject all bids advertised for and submitted, whenever in its judgment, the interests of the City may require, and in such event shall in like manner readvertise for bids for the work.
(1948 C. Ch. 16 12: 1960 C. 100. 120.)

City Counselor Ops.: 8596, 8916, 9296, 9618, 9788, 9841

6.04.090 Sureties and bonds.

The performance of all contracts made by the Board of Public Service shall be secured by at least two sufficient and approved sureties, or a corporation engaged in the bonding business and authorized under the laws of Missouri to do business in this state, giving bond to the City in amounts, as follows:

When the estimated amount of the contract is five thousand dollars or less, the bond shall be for the full amount of the contract, and when the estimated amount of the contract is over five thousand dollars, the bond shall be for five thousand dollars and twenty-five percent of the amount of the estimate in excess of five thousand dollars. No surety on any bond shall be taken unless he shall pay taxes on property equal in the amount to his liability on all bonds on which he may be surety to the City.
(1948 C. Ch. 16 5: 1960 C. 100.050.)

V.A.M.S.:

107.170 Performance bond mandatory; payment terms and conditions required

Charter:

Art. XXII 4 Performance bond required

6.04.100 Bond--Conditions.

The bond required by Section 6.04.090 shall be conditioned that the principal therein will faithfully and properly perform the contract according to all the terms thereof, and that he will as soon as the work contemplated by the contract shall have been completed, pay to the proper parties all amounts due for material and labor used and employed in the performance thereof. The bond may be sued on at the instance of any material man, laboring man or mechanic, in the name of the City, to the use of such material man, laboring man or mechanic, for any breach of the condition of the bond. No suit shall be instituted after the expiration of ninety days from the completion of the contract.
(1948 C. Ch. 16 13: 1960 C. 100.130.)

City Counselor Ops.: 9644

Cases:

Performance bond provision requiring suits based thereon to be instituted prior to ninety days after completion of contract did not conflict with state statute. City of St. Louis ex rel. Atlas Plumbing Supply Co. v. Aetna Casualty and Surety Co., 444 S.W. 2d 513 (1969).

6.04.110 Deposit--Forfeiture--New bids.

If any bidder to whom a contract shall have been awarded shall fail to enter into a contract and to furnish approved security within the time specified, his deposit shall be forfeited to the City, and the Board of Public Service shall advertise for new bids.
(1948 C. Ch. 16 8: 1960 C. 100.080.)

City Counselor Ops.: 9792

6.04.120 Bids--Additional information.

In addition to the other requirements regarding the contents of the bid for public works, the following information shall be attached and enclosed with the bid, on a separate page, signed, under oath, by the bidder, or by an authorized officer or agent, when the bid is by a corporation or firm:

The name and address of any partner, employee, officer, director, or person possessing more than five percent of the ownership of the bidding business, firm, association, partnership, or corporation, who has, at the time of the submitting of the bid, any contractual relationships or holds any office or employment with the City, and the day on which that person entered that relationship, office or employment, is expected to terminate.
(Ord. 56853 1 (part), 1974: 1960 C. 100.041.)

6.04.130 Penalty for violation of Section 6.04. 120.

Any person, firm or corporation who fails to comply with the provisions of Section 6.04.120 shall not be eligible to be selected by the city for award of a contract pursuant to the bid with which the information required by Section 6.04.120 was not supplied. Any person, firm, or corporation who wilfully supplies false information required by Section 6.04.120 to the City shall, upon conviction, be fined not less than two hundred fifty dollars, nor more than the sum of five hundred dollars or by imprisonment of not more than ninety days, or both fine and imprisonment.
(Ord. 56853 1 (part), 1974: 1960 C. 100.042.)

6.04.140 Official number.

Each letting of work by the Board of Public Service, when advertised, shall be designated by a number, and shall be officially known by such number.
(1948 C. Ch. 16 3: 1960 C. 100.030.)

V.A.M.S.:

8.250 Construction contracts by state or City of St. Louis; required competitive bidding procedure

6.04.150 City contracts to provide eight hour day.

All contracts hereafter entered into wherein the City is a party for the doing of any kind of work or labor for the City, including work on all public buildings, works and enterprises, shall contain the following terms and conditions:

A. The men, persons, or laborers who may be employed in the doing, prosecuting, or accomplishment of work done by the contractor in the City, or any one under him, or any person controlling the men, persons, or laborers, shall not be required to work more than eight hours a day;

B. In case of the violation of the provision of the contracts, the Mayor shall immediately declare the contracts cancelled and forfeited, and the work being done under the contracts shall be relet in the manner provided for the letting of the work, and the contractor shall thereafter be ineligible to bid upon the work under such reletting, and the difference in the cost of doing the work under the contract so cancelled and forfeited, and under the reletting, shall be sued for on the bond of the contractor so violating the contract. No contract shall be declared cancelled and forfeited for requiring or permitting any person or laborer to work more than eight hours in any one day in violation of this section if the President of the Board of Public Service shall certify that the violation was unavoidable, or was necessary for the proper prosecution of the work.
(Ord. 45115 1, 1949: 1948 C. Ch. 47 8: 1960 C. 100.210.)

McQuillin:

29.45 Labor restrictions

6.04.160 Sunday clause.

Every contract for public work shall contain a clause to the effect that no work or labor shall be done thereunder on Sunday, except in matters of emergency or urgent necessity arising in connection with the public work, and the officer in charge of the department in or for which the public work is being done shall determine whether the emergency or necessity exists.
(1948 C. Ch. 16 2: 1960 C. 100.020.)

City Counselor Ops.: 9868

6.04.170 Suspension clause.

Every contract for public work shall contain a clause to the effect that on ten days' notice the work under the contract may, without cost to or claim against the city, be suspended by the Board of Public Service, with the approval of the Mayor, for want of means or other substantial cause.
(1948 C. Ch. 16 1: 1960 C. 100.010.)

6.04.180 Special tax work deposit--Use.

Before a contract awarded by the Board of Public Service for any work which is to be paid for by a special tax is executed, the bidder, to whom the award was made, shall be required to pay into the City Treasury, the sum of two hundred dollars, regardless of the number of such contracts which may have been awarded to him, as a special fund to be used by the department or division under whose charge the work is to be done to defray the expenses of necessary repairs on the work, removal of unnecessary obstructions left by the contractor along the line of the work where an excavation has been made, if the contractor shall be liable under his contract and which repairs, removal of unnecessary obstructions or restoration of the surface of the ground the department or division shall order made by reason of a failure of the contractor to make repairs, remove obstructions or restore the surface of the ground himself within the time specified by the department or division.
(1948 C. Ch. 16 15: 1960 C. 100.150.)

6.04.190 Special tax work deposit--Additional.

Whenever the whole or part of the two hundred dollars, required by Section 6.04.180, shall have been expended for the purpose described in Section 6.04.180, the President of the Board of Public Service shall notify the contractor to pay so much money into the Treasury as will bring the fund again up to two hundred dollars. Until the contractor shall have complied with such notice from the President of the Board, no new contracts for special tax work shall be awarded him nor shall any special tax bill be delivered to him.
(1948 C. Ch. 16 16: 1960 C. 100.160.)

6.04.200 Special tax work deposit--Return.

Whenever the contractor shall cease to be a contractor for special tax work, or to be responsible under any of his contracts for repairs on special tax work done by him, the President of the Board of Public Service shall certify this fact to the Comptroller, and, on presentation of such certificate, the Comptroller shall draw his warrant on the treasurer in favor of the contractor for the whole amount standing to the credit of the special fund created by the payment of the contractor, in accordance with the foregoing provisions, and shall take his receipt therefor, in full of all claims against the City on account of such payments.
(1948 C. Ch. 16 17: 1960 C. 100.170.)

6.04.210 Contracts for grading and repairs.

The Board of Public Service shall, in every year, enter into contract for one year, beginning on the first of July, for the grading, constructing, reconstructing and repairing of sidewalks and for the repairing of street and alley and gutter paving, and other similar work as may be ordered by ordinance, or which may become necessary to be done during the year.
(1948 C. Ch. 16 18: 1960 C. 100.180.)

6.04.220 Annual emergency contracts for sewers.

The Board of Public Service is authorized to let and enter into annual contracts from the first day of July of every year for emergency work required for the maintenance of sewers, sewer inlets, manholes and appurtenances, and for necessary repairs of sewers, sewer inlets, manholes and appurtenances requiring prompt attention. The emergency work and necessary repairs shall be done with stone, brick, concrete, cement, iron and other materials necessary for the proper performance of the work.
(1948 C. Ch. 16 19: 1960 C. 100.190.)

MSD Charter:

Metropolitan St. Louis Sewer District (1954) Primary jurisdiction vested in District; Section 3.020 (3), (7), construction, contract with municipalities.

6.04.230 Engineering and inspection costs special fund.

In order to provide for the proper application of all moneys collected from contractors for public work, to cover the costs incurred by the City for engineering and inspection services in connection with public work, where the addition of a charge for engineering and inspection services is provided for by ordinance, the Comptroller is authorized and directed to set up on the books of the City a special fund account to be known and designated as "engineering and inspection costs special fund," to which shall be credited all payments made on account of the engineering and inspection costs, to be withdrawn by the department of the President of the Board of Public Service, when approved by the Comptroller.
(1948 C. Ch. 16 20: 1960 C. 100.200.)

Return to Top of Charter, Code, and Ordinances.
Return to Title 6
Return to Code Table of Contents

HOME | KIDZONE | CATALOG | CONTACT US | SEARCH | HINTS