[R.O. 2011 § 705.370; Ord. No. 16-113 § 1, 5-17-2016]
As used in this Article, the following
terms shall have the meanings indicated:
A valve installed in the sanitary lateral either in a basement
or outdoors with a one-way flapper mechanism, which is designed to
close automatically during overcharge conditions to prevent water
from backing up through a sanitary lateral and floor drain into a
basement.
The City of St. Charles Public Works Department.
The City of St. Charles Public Works Director or his/her
designee.
That portion of a property's sanitary sewer piping inside
and outside a building between the basement floor drain and a sewer
main, not including treatment tanks, pumps or other equipment.
[R.O. 2011 § 705.380; Ord. No. 16-113 § 1, 5-17-2016]
A.
A residential or commercial property owner who desires to participate in the Backwater Valve Program shall complete an application on forms to be created and provided by the Department. In order to be eligible for participation in the program, each applicant shall, in addition to any other requirements imposed by the rules and regulations adopted pursuant to Section 705.420, provide the following:
1.
Satisfactory proof of ownership or
consent to repair by the owner(s) of all premises on, over and under
which are to be effected backwater valve installation;
2.
Copies of paid St. Charles County
real and personal property tax bills and make payment of all past
due City bills;
3.
Written certification that neither
the applicant(s), the owner(s) nor anyone on their behalf will make
any claim against or seek any relief from the City arising out of
or in connection with any work done or any action taken in connection
with the Backwater Valve Program, including certifying the applicant's
acknowledgment that the City is not responsible for the acts of the
contractor installing the backwater valve and that applicant shall
indemnify the City and hold it harmless from any and all claims arising
out of the applicant's participation in, and work performed and actions
taken in connection with, the Backwater Valve Program;
4.
Proof that an overcharged sewer main
condition resulted in one (1) or more sewer backups;
5.
Certify that applicant has the authority
to and does consent to the performance of work on and about the property
described in the application, that applicant will not interfere with
the work to be performed by the contractor selected by Director, and
that applicant shall reimburse the City for all expenses incurred
by the City on applicant's behalf in the event that applicant withdraws
permission to proceed or otherwise interferes with performance of
work authorized under this program;
6.
Certify that applicant understands
and acknowledges that the Backwater Valve Program includes only installation
of a backwater valve, including associated digging and the replacement
of: a) concrete basement floor, or b) dirt and seeding of affected
areas, and does not include replacement of furniture, decorative fixtures,
carpeting or other floor coverings, landscaping or ornamental structures
but only replacement of structural facilities required for safe occupancy
of a residence or safe use of property;
7.
Certify that applicant understands
and assumes full responsibility for maintenance and operation of the
installed backwater valve including required inspections by trained
personnel; and
8.
Execute a release in a form approved
by the City Attorney resolving any pending sewer backup claims and
foreclosing the filing of future sewer backup claims.
[R.O. 2011 § 705.390; Ord. No. 16-113 § 1, 5-17-2016]
Upon determination by the Director
that an applicant is eligible to participate in the Backwater Valve
Program, the applicant shall contact a sufficient number of City licensed
contractors so that a minimum of three (3) competitive bids will be
secured for each installation project.
[R.O. 2011 § 705.400; Ord. No. 16-113 § 1, 5-17-2016]
A.
The applicant shall submit at least three
(3) bids to the Director. The amount which the City shall reimburse
to the applicant shall be eighty percent (80%) of the bid amount submitted
by the lowest responsible bidder. In any case, the City's reimbursement
obligations shall not exceed three thousand five hundred dollars ($3,500.00).
B.
In determining "lowest responsible bidder,"
in addition to price, the Director shall consider: the ability, capacity
or skill of the bidder to perform the contract or provide the service
required; whether the bidder can perform the contract or provide the
service promptly or within the time specified without delay or interference;
the character, integrity, reputation, judgment, experience and efficiency
of the bidder; the quality of performance of previous contracts or
services; the previous and existing compliance by the bidder with
laws and ordinances relating to the contract or service; the sufficiency
of the financial resources and ability of the bidder to perform the
contract or provide the services; the quality, availability of the
supplies or contractual services to the particular use required; the
ability of the bidder to provide future maintenance and service for
the use of the subject to the contract; and the number and scope of
conditions attached to the bid.
[R.O. 2011 § 705.410; Ord. No. 16-113 § 1, 5-17-2016]
Administration of the Backwater Valve
Program shall be contingent upon the annual appropriation of funds
for administration of the program in the City's budget.
[R.O. 2011 § 705.420; Ord. No. 16-113 § 1, 5-17-2016]
The Director with the approval of
the Mayor shall promulgate rules and regulations to carry out the
purposes and intent of the Backwater Valve Program to protect the
public safety, health and welfare and to administer the program in
an effective, efficient and timely manner.
