State Codes and Statutes

Statutes > Missouri > T15 > C249 > 249_340

Contractual procedure and work specifications.

249.340. 1. Whenever it shall be ordered by the board oftrustees of the sewer district that any sewer or system of sewersin the incorporated sewer district be constructed in accordancewith the provisions of sections 249.010 to 249.420 and theengineer's estimated cost thereof exceeds the sum of five hundreddollars the said board of trustees shall order its said engineerto prepare and file with the secretary of said board of trusteesall necessary maps, plans, specifications and profiles and theestimated cost of the work. Said board of trustees may approveor reject the maps, plans, specifications and profiles and haveothers prepared and filed.

2. When the maps, plans, specifications and profiles havebeen approved, the said board of trustees shall order itsengineer to advertise the letting of the contract, proposed to belet, by advertisement in some newspaper that has a generalcirculation in the district wherein the contract is to beexecuted which said advertisements shall be published once a weekfor three consecutive weeks, the last insertion to be within tendays of the day of the letting.

3. All bids should be in writing accompanied by instructionsto bidders which shall be furnished by the engineer of said boardof trustees upon application. All bids on sewer work shall statethe unit price upon which the same are based. All bids shall besealed and filed with the secretary of said board of trustees,and, on the day and at the hour named in the advertisement, shallbe publicly opened and read in the presence of the board oftrustees and the engineer of said board and shall then berecorded in detail in some suitable book. All bids shall beaccompanied by a certified check equal to ten percent of theengineer's estimate of cost, payable to the said board oftrustees, or a bidder's bond executed by some surety companyauthorized to do business in this state or other good andsufficient surety in a like sum shall be given, as guarantee onthe part of the bidder that if his bid be accepted he will,within ten days after receipt of notice of such acceptance, enterinto contract and bond with good and sufficient sureties to beapproved by the board to do the work advertised, and in case ofdefault, forfeit and pay the sum of ten percent of the engineer'sestimate of cost. The contract shall be awarded to the lowestand best bidder. The said board of trustees may in itsdiscretion reject any and all bids. Any bid in excess of theengineer's estimate of the cost of the work to be done shall berejected.

4. When it shall be decided by order of record to accept anybid the said board of trustees shall order a contract to beentered into between the bidder and the said board of trustees.The contract shall have attached to and made a part thereof theproposal sheet, instructions to bidders, the bid, maps, plans,specification, and profiles. Whenever the contract is executedand approved by order of record and endorsement thereon it shallbe filed and preserved as a permanent record in the office of thesaid board of trustees.

5. It shall be incorporated in the contract that the saidboard of trustees shall reserve the right to make any additionsto, omissions from, changes in, or substitution for the work ormaterials called for by drawings and specifications, withoutnotice to the surety on the bond given to secure the faithfulperformance of the terms of the contract. The bidder must agreethat before the sewer district shall be liable for any additionalwork or material the board of trustees of said sewer districtmust first order the same and the cost thereof must be agreedupon in writing and entered of record before such additional workshall apply in case of omissions, deductions or changes, and theunit 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 expresslyagreed that the decision of the engineer of said board oftrustees shall be received and accepted as fixing definitely andfinally the cost of such change and when so fixed the said boardof trustees shall enter of record such change. It shall also beprovided in the contract that the contractor will furnish andpromptly pay for all labor employed and materials used in theperformance of such contract, and pay all bills incurred by saidcontractor in performance of said contract or contracts.

(RSMo 1939 § 12674)

State Codes and Statutes

Statutes > Missouri > T15 > C249 > 249_340

Contractual procedure and work specifications.

249.340. 1. Whenever it shall be ordered by the board oftrustees of the sewer district that any sewer or system of sewersin the incorporated sewer district be constructed in accordancewith the provisions of sections 249.010 to 249.420 and theengineer's estimated cost thereof exceeds the sum of five hundreddollars the said board of trustees shall order its said engineerto prepare and file with the secretary of said board of trusteesall necessary maps, plans, specifications and profiles and theestimated cost of the work. Said board of trustees may approveor reject the maps, plans, specifications and profiles and haveothers prepared and filed.

2. When the maps, plans, specifications and profiles havebeen approved, the said board of trustees shall order itsengineer to advertise the letting of the contract, proposed to belet, by advertisement in some newspaper that has a generalcirculation in the district wherein the contract is to beexecuted which said advertisements shall be published once a weekfor three consecutive weeks, the last insertion to be within tendays of the day of the letting.

3. All bids should be in writing accompanied by instructionsto bidders which shall be furnished by the engineer of said boardof trustees upon application. All bids on sewer work shall statethe unit price upon which the same are based. All bids shall besealed and filed with the secretary of said board of trustees,and, on the day and at the hour named in the advertisement, shallbe publicly opened and read in the presence of the board oftrustees and the engineer of said board and shall then berecorded in detail in some suitable book. All bids shall beaccompanied by a certified check equal to ten percent of theengineer's estimate of cost, payable to the said board oftrustees, or a bidder's bond executed by some surety companyauthorized to do business in this state or other good andsufficient surety in a like sum shall be given, as guarantee onthe part of the bidder that if his bid be accepted he will,within ten days after receipt of notice of such acceptance, enterinto contract and bond with good and sufficient sureties to beapproved by the board to do the work advertised, and in case ofdefault, forfeit and pay the sum of ten percent of the engineer'sestimate of cost. The contract shall be awarded to the lowestand best bidder. The said board of trustees may in itsdiscretion reject any and all bids. Any bid in excess of theengineer's estimate of the cost of the work to be done shall berejected.

4. When it shall be decided by order of record to accept anybid the said board of trustees shall order a contract to beentered into between the bidder and the said board of trustees.The contract shall have attached to and made a part thereof theproposal sheet, instructions to bidders, the bid, maps, plans,specification, and profiles. Whenever the contract is executedand approved by order of record and endorsement thereon it shallbe filed and preserved as a permanent record in the office of thesaid board of trustees.

5. It shall be incorporated in the contract that the saidboard of trustees shall reserve the right to make any additionsto, omissions from, changes in, or substitution for the work ormaterials called for by drawings and specifications, withoutnotice to the surety on the bond given to secure the faithfulperformance of the terms of the contract. The bidder must agreethat before the sewer district shall be liable for any additionalwork or material the board of trustees of said sewer districtmust first order the same and the cost thereof must be agreedupon in writing and entered of record before such additional workshall apply in case of omissions, deductions or changes, and theunit 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 expresslyagreed that the decision of the engineer of said board oftrustees shall be received and accepted as fixing definitely andfinally the cost of such change and when so fixed the said boardof trustees shall enter of record such change. It shall also beprovided in the contract that the contractor will furnish andpromptly pay for all labor employed and materials used in theperformance of such contract, and pay all bills incurred by saidcontractor in performance of said contract or contracts.

(RSMo 1939 § 12674)


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T15 > C249 > 249_340

Contractual procedure and work specifications.

249.340. 1. Whenever it shall be ordered by the board oftrustees of the sewer district that any sewer or system of sewersin the incorporated sewer district be constructed in accordancewith the provisions of sections 249.010 to 249.420 and theengineer's estimated cost thereof exceeds the sum of five hundreddollars the said board of trustees shall order its said engineerto prepare and file with the secretary of said board of trusteesall necessary maps, plans, specifications and profiles and theestimated cost of the work. Said board of trustees may approveor reject the maps, plans, specifications and profiles and haveothers prepared and filed.

2. When the maps, plans, specifications and profiles havebeen approved, the said board of trustees shall order itsengineer to advertise the letting of the contract, proposed to belet, by advertisement in some newspaper that has a generalcirculation in the district wherein the contract is to beexecuted which said advertisements shall be published once a weekfor three consecutive weeks, the last insertion to be within tendays of the day of the letting.

3. All bids should be in writing accompanied by instructionsto bidders which shall be furnished by the engineer of said boardof trustees upon application. All bids on sewer work shall statethe unit price upon which the same are based. All bids shall besealed and filed with the secretary of said board of trustees,and, on the day and at the hour named in the advertisement, shallbe publicly opened and read in the presence of the board oftrustees and the engineer of said board and shall then berecorded in detail in some suitable book. All bids shall beaccompanied by a certified check equal to ten percent of theengineer's estimate of cost, payable to the said board oftrustees, or a bidder's bond executed by some surety companyauthorized to do business in this state or other good andsufficient surety in a like sum shall be given, as guarantee onthe part of the bidder that if his bid be accepted he will,within ten days after receipt of notice of such acceptance, enterinto contract and bond with good and sufficient sureties to beapproved by the board to do the work advertised, and in case ofdefault, forfeit and pay the sum of ten percent of the engineer'sestimate of cost. The contract shall be awarded to the lowestand best bidder. The said board of trustees may in itsdiscretion reject any and all bids. Any bid in excess of theengineer's estimate of the cost of the work to be done shall berejected.

4. When it shall be decided by order of record to accept anybid the said board of trustees shall order a contract to beentered into between the bidder and the said board of trustees.The contract shall have attached to and made a part thereof theproposal sheet, instructions to bidders, the bid, maps, plans,specification, and profiles. Whenever the contract is executedand approved by order of record and endorsement thereon it shallbe filed and preserved as a permanent record in the office of thesaid board of trustees.

5. It shall be incorporated in the contract that the saidboard of trustees shall reserve the right to make any additionsto, omissions from, changes in, or substitution for the work ormaterials called for by drawings and specifications, withoutnotice to the surety on the bond given to secure the faithfulperformance of the terms of the contract. The bidder must agreethat before the sewer district shall be liable for any additionalwork or material the board of trustees of said sewer districtmust first order the same and the cost thereof must be agreedupon in writing and entered of record before such additional workshall apply in case of omissions, deductions or changes, and theunit 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 expresslyagreed that the decision of the engineer of said board oftrustees shall be received and accepted as fixing definitely andfinally the cost of such change and when so fixed the said boardof trustees shall enter of record such change. It shall also beprovided in the contract that the contractor will furnish andpromptly pay for all labor employed and materials used in theperformance of such contract, and pay all bills incurred by saidcontractor in performance of said contract or contracts.

(RSMo 1939 § 12674)