Missouri Revised Statutes













Chapter 249

Sewer Districts in Certain Counties

←249.330

Section 249.340.1

249.350→

August 28, 2015

Contractual procedure and work specifications.

249.340. 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.



(RSMo 1939 § 12674)







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