[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:
BACKWATER VALVE
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.
DEPARTMENT
The City of St. Charles Public Works Department.
DIRECTOR
The City of St. Charles Public Works Director or his/her designee.
SEWER LATERAL
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 § 705.420; 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.