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BULLET St. Louis City Revised Code Chapter 6.16 Public Works Contracts

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 6.16
Public Works Contracts

Sections:

6.16.010 Debarred contractor.
6.16.020 Contract requirements.
6.16.030 Action to debar--Procedure.

6.16.010 Debarred contractor.

No contract or subcontract for the construction of City improvements of whatsoever kind or character or for the doing of any public work shall be let to any bidder which is debarred from the award of City contracts as hereinafter set out or is managed, controlled or more than fifty percent (50%) owned by a person or entity so debarred. A contractor which is debarred or is managed, controlled or more than fifty percent (50%) owned by a person or entity that is debarred shall not act as a subcontractor on any such City contract.
(Ord. 61913 1, 1990.)

6.16.020 Contract requirements.

In the event that any contractor or subcontractor on a City contract for the construction of improvements or the doing of any public work is determined, as hereinafter set out, to be intentionally and without good cause violating the requirements of the contract in any of the ways listed below, then such contractor or subcontractor and its chief operating officer, and any owner or part owner who participated in the management of the company at the time of the violation, may be debarred from participating, either as a contractor or subcontractor, in other such City contracts for a period of one (1) year for the first offense, three (3) years for the second offense and five (5) years for any subsequent offense, except that in the case of extenuating circumstances which are set out in writing in detail by the hearing panel, such periods may be reduced by not more than one-half (). The following requirements shall be incorporated in all contracts or subcontracts for the construction of City improvements of whatsoever kind or character or for the doing of any public work; violations of any of said requirements may be considered as grounds for debarment:

A. The contractor or subcontractor shall not incorporate materials into the work which are not in accordance with or equal to the materials specified in the contract except as otherwise agreed to between the contractor or subcontractor and City.

B. The contractor or subcontractor shall not perform any work on the contract without the insurance customarily and ordinarily obtained in connection with the work to be performed being in full force and effect.

C. The contractor or subcontractor shall complete the contract work in a timely manner.

D. The contractor or subcontractor shall obtain all customarily and ordinarily required permits, and the contractor or subcontractor shall also observe all required safety precautions in connection with handling, storage and use of explosives.

E. The contractor or subcontractor shall not conceal substandard work from inspectors.

F. The contractor or subcontractor shall not falsify test results.

G. The contractor or subcontractor shall repair all property damaged in the course of doing the work.

H. The contractor or subcontractor shall pay suppliers.

I. The contractor or subcontractor shall comply with the guidelines and requirements of the City of St. Louis relating to equal opportunity in employment.

J. The contractor or subcontractor shall dispose of hazardous or regulated waste only in those locations which have been approved as provided in the contract.

K. The contractor or subcontractor shall pay any applicable tax due to the City.

L. The contractor or subcontractor shall pay the wage rates, including appropriate fringe benefits, as prescribed in the contract, and shall include provisions in subcontracts that such wage rates, including appropriate fringe benefits, shall be paid.

M. The contractor or subcontractor shall not permit any subcontractor or any employee to violate any of the requirements listed herein.
(Ord. 61913 2, 1990.)

6.16.030 Action to debar--Procedure.

An action to debar a contractor may be initiated and shall proceed as follows:

A. Initiation of Proceeding. The proceeding may be initiated by the filing of a written complaint with the Board of Public Service by any of the following individuals having knowledge or information pertaining to violation of the aforementioned contract requirements: (1) any department head of the City of St. Louis, (2) any construction trades labor union representing employees who customarily perform work for contractors or subcontractors on City construction and public works projects, (3) any contractor or subcontractor who customarily performs work on City construction and public works projects, and (4) any citizen and taxpayer of the City. The complaint shall include a statement of the alleged violations of requirements by the contractor or subcontractor. After receiving such a complaint the President of the Board of Public Service shall appoint an impartial hearing panel consisting of three (3) of its members or their designees who shall perform a preliminary investigation of the complaint and, if said investigation reveals that there is good cause to believe that a violation or breach has occurred, the hearing panel shall issue a written notice of the complaint to the contractor or subcontractor and to the President of the Board of Public Service. A copy of the original complaint shall be attached to the notice. The notice shall include a statement for the reasons for the proposed debarment, the date of mailing and the date, time and place of a hearing on the matter.

B. Notice. Any notice required by the preceding and any other notice to the contractor or subcontractor shall be sent postage pre-paid by certified U.S. Mail to the contractor or the subcontractor at its last known address, or to the office of its registered agent, if it is a corporation.

C. Conduct of Hearing. The hearing shall be held in accordance with procedures established by the Board of Public Service. Unless a delay is requested by the contractor or subcontractor, the hearing shall take place on a date not later than sixty (60) days after notice is received by the contractor or subcontractor. In no event shall the hearing be conducted and concluded more than ninety (90) days after notice is received by the contractor or subcontractor.

D. Decision. Within sixty (60) days after the hearing is concluded, the panel shall issue its decision in writing stating whether the contractor or subcontractor is debarred from future participation in contracts with the City of St. Louis, and if so, the decision shall also state reasons for debarment and the period of time for which said debarment shall extend.

E. Notice of Decision. The contractor or subcontractor shall be given prompt written notice of the decision of the hearing panel, and a copy of such decision shall be promptly mailed or otherwise furnished to the contractor or subcontractor at its last known address.

F. Finality of Decision. The decision of the hearing panel shall be final and conclusive unless the contractor or subcontractor, within thirty (30) days after issuance of the decision, commits a timely action for review in a court of competent jurisdiction in accordance with applicable law, including the Missouri Administrative Procedures Act, Section 536.010 et seq. of the Revised Statutes of Missouri.
(Ord. 61913 3, 1990.)

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