St. Louis County Water Service Line Repair Program Rules and Regulations

Chapter 1112 of the St. Louis County Revised Ordinances (“SLCRO”) and the followingRules and Regulationsshall implement the Water Service Line Repair Program. St. Louis County (“County”)reserves the right to review, update, and/or change this document at any time.

I. General Provisions

A. Authority:

1. The Director of Public Works (“Director”) has promulgatedRules and Regulations pursuant to Section 1112.110 SLCRO.

B. Title:

1. The complete title of this document is the St. Louis County Water Service Line Repair Program Rules and Regulations(“Rules and Regulations”).

C. Definitions:

1. All capitalizedterms used herein shall have the meanings as defined in Section 1112.020 SLCRO, as amended, unless otherwise specified.

2. Capitalized terms used herein but not defined in Section 1112.020 SLCRO shall have the meanings used in the industry to which the capitalized term relates.

3. Director of Public Works-the St. Louis County Director of Public Works or his/her designee.

4. Contractor-a person, company, or entity included on the Repair List.

5. Subcontractor-a person, company, or entity with whom a Contractor contracts to perform work under the Water Service Line Repair Program

6 EmergencyRepair-the repair of a defective water service line necessaryto relieve immediate danger to the health, safety, or welfare of the public. The Director has discretionto determine if an emergency exists.

7. Repair List-the listing of licensed water service line repair contractors maintained by the St. Louis County Department of Public Works pursuant to 1112.050 SLCRO.

D. Conflict of Terms; Priority:

1 The terms contained in the Water Service Line Repair Program, Chapter 1112 SLCRO, shall prevail over the terms of these Rules and Regulations to the extent that such terms conflict.

II. Own er Participationin the Water Service Line Repair Program (1112.040SLCRO):

A.

Application for Water Service Line Repair Work: The application for the County to perform Water Service Line Repair Work under the Water Service Line Repair Programbeginning July 1, 2001 shall be substantially the same as shown on Attachment 1 and incorporatedby this reference.

B. Application for EmergencyWater Service Line Repair Work: The application for the County to reimburse the Contractor for Water Service Line Repair Work performed during non-business hours necessaryto relieve the immediate emergency and complete the repair of the Water Service Line shall be substantially the same as shown on Attachment 1 and incorporatedby this reference.

C. Work Not Covered under Water Service Line Repair Program: Any completed applicationsrefused by the County will be forwarded to the County Counselor’sOffice for review at the Director’s discretion.

D. Application for Water Service Line Repair Work by Owner with Insurance Coverage:

The Owner is responsible for determiningif he/she has appropriateinsurance coverage of his/her home. The applicationshall be the same as shown on Attachment 1 and incorporated by this reference.

III. ContractorParticipationin the Water Service Line Program:

A. Contractors must complete an applicationand receive approval to participate in the St. Louis County Water Service Line Repair Program. A sample application marked Attachment 2 is attached and incorporated by reference into this document.

B. Qualifications: Contractors must submit proof of the followingto qualify for placement on the Repair List:

1. A full time employee, officer, or owner who is licensed by St. Louis County as a Master Plumber;

2 Applicable license, permit or other requirementsof the appropriate municipalityor unincorporatedCounty in which a Water Service Line Repair may be located;

3 Affidavit of Compliance with Prevailing Wage Law; and

4 Certificate of Insurance for $1,000,000with St. Louis County named as additional insured.

C. Insurance Requirements

1. ParticipatingContractors shall maintain insurance coverage as follows: a. Claims under Worker’s Compensation,disability benefits, and other similar employee benefit acts. b. Claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees. c. Claims for damages insured by usual personal injury liability coverage that are sustained,(i) by any person as a result of an offense directly or indirectly related to the employment of such person by the Contractor, or (ii) by any other person. d. Claims for damages because of injury to or destructionof tangible property, including loss of use resulting there from

1.01 Contractor’s Insurance: The Contractor shall purchase and maintain such insurance as will protect him from claims set forth below which may arise out of or result from the Contractor's operations under the Contract, whether such operations be by the Contractor, any Subcontractor,anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable.

1.02 Commercial General Liability: Contractor shall maintain a standard, ISO, version Commercial General Liability policy form, or its equivalent,providing coverage for, but not limited to, Bodily Injury and Property Damage, Premise/Operations,Products/CompletedOperations, Independent Contractors, Contractual Liability, Broad Form Property Damage, X-C-U Coverages (if applicable), Severability of Interest including Cross Liability St. Louis County shall be named as additional insured. Limits shall not be less than $1,000,000per occurrence. The general aggregate limit shall apply separately to each Contract location for Water Service Line Repair work, or the general aggregate shall be twice the required occurrence limit as set forth in this document. Coverage shall be provided on a primary basis.

1.03 Worker's CompensationInsurance: Contractor shall purchase, maintain and provide proof of Worker's CompensationInsurance with statutory limits for the duration of all work contracted. Coverage shall extend to Employer Liability. Contractor agrees this coverage shall be provided on primary basis.

1.04 Business Auto Liability:

Contractor shall agree to maintain a standard ISO version Business AutomobileLiability coverage form, or its equivalent, providingcoverage for all owned, non-owned and hired automobiles. Coverage shall provide limits of not less than $1,000,000 combined single limits (CSL) for bodily injury and property damage claims that may arise as a result of operations under this Contract.

D. Additional Terms and Requirements

1 Certificates of Insurance: a. Certificates of Insurance described herein and acceptable to the County shall be filed with St. Louis County prior to commencement of work by any Contractor or Subcontractor participatingin the Water Service Line Repair Program Approval of the insurance by St. Louis County shall not relieve or decrease the liability of the Contractor or Subcontractor. b These certificates shall contain a provision that coverage afforded under the policies shall not be canceled or materially changed until the Director has received at least thirty (30) days advanced written notice. All Certificates of Insurance are required to include a thirty (30) day advanced written notice of cancellationor non-renewal. Such notice shall immediately be forwarded to the St. Louis County Water Service Line Repair Program, 1050 N. Lindbergh Blvd, Saint Louis, MO - 63132.

2. Insurance Companies: a. All insurance shall be procured through agencies and be written by insurance companies that are acceptable to and approved by St. Louis County and shall be obtained and paid for by the Contractor.

3. Replacement Insurance Policies: a. Upon receipt of any notice of cancellationor alteration, Contractor shall within five (5) days procure other policies of insurance similar in all respects to the policy or policies about to be canceled or altered. If Contractor fails to provide, procure and deliver acceptable policies of insurance or other evidence thereof during periods when the Contractor is performingWater Service Line Repair work for the County, then the County may obtain necessary insurance at the cost and expense of the Contractor and without notice to the Contractor. The County may also halt any further participationby the Contractor.

4. Theft of Material: a. St. Louis County does not provide theft or other peril coverage. The Contractor or Subcontractorshall be responsible for all materials, tools and equipment in their possession and control on the job site until said materials are attached and become a part of the structure under repair or are removed from the site.

IV. Repa

A.

5. Insurer Waiver of Subrogation: a. The Contractor’sand Subcontractor’sinsurers shall agree to waive all rights of subrogation where permitted by law against St. Louis County, its elected and appointed officials and all employees for losses arising from work performed under this Contract.

6. Subcontractor Insurance: a. The Contractor shall agree to cause each Subcontractoremployed by the Contractor to purchase and maintain insurance of the type specified herein unless the Contractor's insurance provides coverage on behalf of the Subcontractor. ir List - Selection of Bidders & Solicitationof Bids:

Repair List:

Upon receipt and approval of a properly documentedapplicationas described above, eligible Water Service Line Repair Contractorswill be placed on the Repair List as described in Chapter 1112.050 SLCRO. If for any reason a Contractor's name is removed from the Repair List, appeal may be made in writing to the Director who shall provide an opportunityto be heard within ten days after receipt of such appeal.

B. Selection of Bidders and Solicitationof Bids:

Except for emergenciesand other special conditionsdescribed in the Chapter 1112 SLCRO, Contracts to perform Water Service Line Repair Work will be awarded to the lowest responsible bidder determined through the following solicitation process:

1. Random Selection of Three (3) Bidders from Repair List: Upon determinationthat Water Service Line Repair Work under the Water Service Line Repair Programis necessary, a minimumof three (3) bidders will be randomly selected from the Repair List. The random selection system shall be arranged to provide each potential bidder on the Repair List with the same opportunityto bid on each Water Service Line Repair project bid letting. Each Contractor selected will then be contacted and a competitive sealed bid solicited.

2. Solicitation of Bids: The standard form of the “Invitationto Bid” shall be the same as shown on Attachment 3 and incorporated herein by this reference.

C. Bid Solicitation Requirements:

1. Each bid must be in a separately sealed envelope marked with the bidder’s name, location of proposed water service line repair work, the bid solicitation or project number, the submission deadline and the date and time that bids will be opened.

D. Receipt of Bids:

1. Bids will be received at 1050 N. Lindbergh Blvd, Saint Louis, MO63132.

2. The envelope will be time stamped and filed.

E. Awarding of Bids:

1. The bids will be publicly opened and read aloud by the Director.

2. The lowest responsible bidder shall be chosen to enter into a Contract for the work specified.

3. In the event of a tie, lots will be drawn in public to choose a responsible bidder.

F. Emergency and Other Special Conditions (1112.080 SLCRO):

1. In the event that a Water Service Line Repair Emergency exists at a time outside of the normal business hours, a property owner who wishes to participate in the Water Service Line Repair program may contact any properly licensed St. Louis County master plumber and arrange for the performance of such work as may be necessary to relieve the immediate emergency

2. When the repair has been made, the property owner must submit an application to the Water Service Line Repair Program Office in order to determine eligibilityfor the program.

3. The master plumber must certify that a water service line repair emergency existed and that the repairs were necessary. If such certification is providedto the Director’s satisfaction, the Director shall authorize reasonable compensationto the master plumber for the emergency repairs.

V. Contracts - Execution of Work & Final Payment:

A. Standard Form of Contract:

The standard form of Contract is shown on Attachment 4 and incorporatedby this reference.

B. Contracts shall contain or reference the followingprovisions on subcontracts:

1. Subcontractor assignmentsas identified in the bid proposal shall not be changed without written approval of the Director.

2. Contractor agrees that he/she is fully responsible to the County for the acts and omissions of Contractor’semployees and Subcontractors.

3. The applicable terms and provisions of the Water Service Line Repair Contract bind every subcontractor. No contractual relationship shall exist between any Subcontractorand St. Louis County If the right of the Contractor to proceed with the work is suspended or the contract is terminatedas herein provided, the Director may elect in writing to assume the subcontract.

4. The Contractor shall upon receipt of the “Notice to Proceed” and prior to submissionof the first payment request notify the St. Louis County Water Service Line Repair Program Office in writing of the names of any Subcontractor to be used in addition to those identified in the bid proposal and all major material suppliers proposed for all parts of the work.

C. Time Lines on Commencementand Completionof Work:

The standard form of “Notice to Proceed” is shown on Attachment 5 and incorporated by this reference. Permits shall be obtained, work initiated and repairs completed through the followingprocess:

1. The Contractor must send a signed copy of the Contract by fax to the Water Service Line Repair Program

2 Upon receipt of the signed Contract, St. Louis County shall issue a “Notice to Proceed” to the Contractor. The “Notice to Proceed” shall constitute St. Louis County’s written acknowledgment to be bound by the terms of the Contract until the Contract is fully executed.

3 The Contract must be fully executed by St. Louis County prior to the Contractor’ssubmissionof an invoice for the services rendered under the Contract.

4. For Emergency Repairs pursuant to 1112.080 SLCRO, a Contractor may contact the Water Service Line Repair Office for immediate preliminary approval of an Emergency Repair. If the Director grants preliminaryapproval for a Contractor to proceed on an Emergency Repair, the Director shall issue a “Notice to Proceed” with an annotation of "EmergencyRepair." By performingwork on an Emergency Repair, a Contractor agrees to be bound by the terms and conditionsof the Water Service Repair Program, to execute a Contract satisfactoryto the Director, and to return the original Contract to the Water Service Repair Program Office prior to the Contractor's submissionof its invoice for the work performed.

5. The “Notice to Proceed” with work will stipulate the maximumnumber of working days that may occur prior to the start of the work and the maximum number of working days that are allowed for completion of the work. Failure to start or complete work within the times prescribed by the “Notice to Proceed” may result in penalties provided for in the Contract and/or in the Rules and Regulations,and/or calling forth performancebonds of said Contractor(s).

6 Extension of time stipulatedin the Contract for completion of the work may be granted by the County when changes in the work occur, when the work is suspended by the County, or when the work of the Contractor is delayed on account of conditions which could not have been foreseen or which were beyond the control of the Contractor, his Subcontractors or suppliers, and the conditions were not the result of their negligenceor fault.

7. The Contractor shall notify the Water Service Line Repair Program Office to request an extension of time. Such notice shall be in writing and shall include the specific bases for the request and any supportingmaterials.The request must be submitted five (5) business days in advance of the expiration of the time allotted for work

D. Changes in Work:

Changes in the work shall be determined and authorized in the following manner:

1. The Director, without giving notice to the surety and without invalidating the Contract, may order extra work or make changes by altering, adding to or deductingfrom the work. The Contract sum will be adjusted accordingly All such work shall be executed under the conditions of the original Contract and approved requests for extension of time.

2. The amount of any adjustment in the Contract price for authorized changes or the use of Contract allowances shall be agreed upon before such changes or authorizations become effective. The Contractor shall submit a request on the Scope of Work Change Form, as shown on Attachment 6 and incorporated by this reference. Adjustments shall be calculated and proposed on one of the followingbases: a. By an acceptable unit price or lump sum proposal from Contractor and Subcontractor.Proposal shall include all takeoff sheets of each Contractor and Subcontractor.Breakdown shall include a listing of each item of material with unit prices and number of hours of labor for each task. Labor costs per hour shall be included with labor burden identified, which shall be not less than the prevailingwage rate. Overhead and Profit shall be shown separately for each Subcontractor and the Contractor; or b. By a cost-plus-fixed-fee(percentage) basis with maximumprice, total cost not to exceed said maximum. Breakdown shall include a listing of each item of material with unit prices and number of hours of labor for each task. Labor costs per hour shall be included with labor burden identified, which shall be not less than the prevailingwage rate. Overhead and Profit shall be shown separately for each Subcontractorand the Contractor; or c. By unit prices contained in Contractor's original proposal and incorporatedin the constructionContract.

3. Overhead and Profit on Change Orders, Work Authorizationsand Field a. The Overhead and Profit charge by the Contractor shall be consideredto include, but is not limited to performance bond, job site office expense, incidental job burdens, truck expense including mileage, small hand tools, project supervision including field supervision,company benefits and general office Overhead.The percentages for Overhead and Profit charged on Change Orders and Work Authorizationsshall be negotiated and may vary accordingto the nature, extent and complexityof the work involved, but in no case shall exceed fifteen percent (15%) in the aggregate regardlessof the number of tiered Subcontractors. b. On proposals covering both increases and decreases in the amount of the Contract, the applicationof Overhead and Profit shall be on the net change in the cost of the work. c. The percentages for Overhead and Profit credit to the Owner on Change Orders that are strictly decreases in the quantity of work or materials shall be negotiated, and may vary according to the nature, extent and complexityof the work involved, but in no case shall be less than ten percent (10%). Change Orders that are strictly decreased in the Contract amount for credit of unused allowance money will not include a credit for Overhead and Profit.

4. No claim for an addition to the Contract sum shall be valid unless authorized in writing by the Director. In the event that none of the methods are agreed upon, the Director may order work performed by force account or accounts.The cost of such work shall be determined by the Contractor's actual labor and material cost to perform the work plus Overhead and Profit as outlined herein.

5. If the Contractor claims that any instructions involve extra cost under this Contract, the Contractor shall provide the Director written notice thereof within a reasonable time after the receipt of such instructions. Such notice must be given before proceedingto execute the work. No such claim shall be valid unless so made and authorizedby the Director in writing.

6. In an emergency affectingthe safety of life or of the structure or of adjoining property, the Contractor, without special instruction or authorizationfrom the Director, is hereby permitted to act at his discretion to prevent such threatened loss or injury. Any compensation claimed by the Contractor on account of such emergency work shall be determined by agreement with the Director.

3. Overhead and Profit on Change Orders, Work Authorizationsand Field

E. Assignment of Contract:

1. The Director must approve in writing any assignment by a Contractor of any amount or part of the Contract or of the funds to be received under the Contract.

F. Payments to Contractors for Execution of Water Service Line Repair Work:

Payments to Contractors for execution of Water Service Line Repair Work shall be according to the followingterms.

1. Payment: a. Payment made to Contractor shall be on account of the total amount payable to Contractor and all material and work covered by said payment shall thereupon be treated as the sole property of St. Louis County. b. Payment shall be due at such time as the work is fully completed and all provisions of the Contract have been fulfilled. c. Upon receipt of written notice from the Contractor to the Director that the work is ready for final inspection and acceptance, the County shall promptly make inspectionof the work. If the work is acceptable and the Contract fully performed, the Contractor may submit a Final Applicationand Certificationfor Payment for approval. If the Director approves the same, the entire balance is due and payable. d. Neither the final payment nor any part of the payment due under the Contract shall become due until the Contractor furnishes the Water Service Line Repair ProgramOffice with all of the followingdocumentation:

1. A complete file of releases from Subcontractorsand material suppliers evidencingpayment in full for services, equipment and materials, as the case may require;

2. An Affidavit of Compliancewith Prevailing Wage Law requirements,as shown on Attachment 7 and incorporatedherein, properly executed by each Subcontractorand the Contractor; payrolls, consistingof name, occupationand craft, total number of hours worked and actual wages paid for each individual. The Director reserves the right to require certified copies or additional information necessary to prove compliance;

4. Final Receipt of Payment and Waiver of Lien, as shown on Attachment 8 and incorporatedby this reference; and

5. Other items that may be specifically required by the Contract.

2. Payment Withheld:

The Director may withhold or nullify in whole or part any payment to such extent as may be necessary to protect the County from loss including but not limited to the following: a. Defective work not remedied. b. Failure of Contractor to make payment properly to Subcontractorsfor material and/or labor. c. Damage to another Contractor/Subcontractor.

3. Unsatisfied Claims:

If any claim remains unsatisfied after all payments are made, the Contractor shall pay directly to the property owner all monies that property owner may be compelled to pay in dischargingsuch a lien or claim including all costs and a reasonableattorney’s fee.

VI. Procedurefor Processingof Qualified Water Service Line Repair Applications:

A. Sufficient Funds Available:

1. If sufficient funds are available for repairs, all qualified and approved Water Service line Repair and qualified and approved Emergency Water Service Line Repair applications will be processed.

B. Limited Funds:

1. As may be determined by the Director in conjunctionwith the AccountingOfficer, if funding for the Water Service Line Repair Programbecomes limited, qualified Water Service Line Repair applications will be placed on a Repair Waiting List in the order received. When sufficient funding becomes available,Repair Waiting List applicationswill be processed in the order received. At the discretion of the Director, applicationsmay be taken out of order and shall be accompaniedby supportingdocumentationfrom the Director. Qualified Emergency Water Service Line Repair applications are a priority and will be processed when received.

3. Attested copies of all Contractors’ and Subcontractors’

C. Insufficient Funds:

1. As may be determined by the Director in conjunctionwith the Accounting Officer, if funding is unavailable for repairs under the Water Service Line Repair Program, applicants with Emergency Water Service Line Repairs may be required to make repairs at the applicants’ own expense. All other qualified and approved applications will be placed on a Repair Waiting List and processed in the same manner as set forth above.

VII. Contracts with Municipalities

Pursuant to 1112.090 SLCRO, St. Louis County is authorized to execute contracts with municipalitiesand water service providers in St. Louis County. The County is authorized to collect such fees along with bills for water service and to pursue collection of such amounts through discontinuanceof service.

VIII. Capital ImprovementsProgram

A. Authority:

Pursuant to Missouri Revised Statutes Section 66.405, the Water Service Line Capital Improvement Programprovides funding for the replacement, repair, reconnection or relocationof residential water service lines when made necessary by improvements to the public right-of-way The program in St. Louis County is administered by the St. Louis County Department of Public Works and utilizes funds collected by Missouri AmericanWater and other municipal water service providers on residential water service bills, pursuant to St. Louis County Revised Ordinance No. 20,943, adopted by County voters in November 2002.

B. ProgramEligibility:

1 Eligible applicants for these funds include municipalities,water service providers, the Missouri Department of Transportation,the St. Louis County Department of Highways and Traffic, other County departments, municipalitiesin St. Louis County, and other entities engaged in public right-of-wayimprovementsthat necessitatethe replacement,repair, reconnection or relocationof residential water service lines located in St. Louis County, as may be deemed appropriateby the Director.

2. In order to qualify for funds, applicants for Water Service Line Capital Improvement funds agree to adhere to all program Rules and Regulations and all applicable federal, state and local laws.

3. Municipalitiesunder Contract with St. Louis County to collect and administer local Water Service Line Repair Programs are ineligible for funding under the Capital Improvement Program.

C. Evaluation Criteria:

1. Criteria used for the approval of project funding may include the following: a. Importance and significanceof the capital improvement project, as may be indicated by the Missouri Department of Transportation,the County Highways and Traffic Department, other County Departments,water service providers, municipalities,or other entities. b. The total number of residents serviced and affected and the overall capital improvement project size. c. The average cost per residential Water Service Line Repair, Replacement,Relocation or Reconnection. d. The funding leverage ratio, to be defined as the total amount of funding requested compared to the total project cost. e. The project location traffic volume as determined by the average weekday traffic count or other public right-of-wayusage determinations,as applicable.

2. After review and recommendation by the Director, the County Executive shall determine which applications should be granted, subject to approval by Order of the County Council pursuant to Section 1112.065.3 SLCRO.

D. ProgramRules and Regulations:

1. Funding for the Water Service Line Repairs/Relocationsas part of a capital improvement project will be approved, awarded and encumbered upon completion of the evaluation process and approval by the County Council. Funds will be dispersed after completion of the water service line work and all applicableand required documentationhas been provided to the Department of Public Works unless otherwise agreed upon by the Director.

2. Programprojects must commence in the year in which funding was approved and encumberedunless otherwise authorizedby the Director. Applicants are to provide an exact accountingof each water service line to be serviced, including address, ownership and cost. Estimates are acceptable at the time of applicationhowever a true and accurate accountingmust be provided prior to submissionof the final request for payment and will be included in the Project Summary Report provided to the Department of Public Works by mid-Decemberof each funding year. Monies encumberedbut not actually used will not be paid. The County will not consider any requests for additional funding for a project in the same year that funding was approved, but may consider a request for additional funding in a subsequent year.

3. Agencies, local and state governments, departments, water service providers and municipalities that wish to participate in the Water Service Line Capital Improvement Program shall complete an application and certification form. The applicationshall be the same as shown on Attachments 9 and 10 incorporated by this reference and shall: a. Provide satisfactory proof that the proposed Water Service Line Repairs/Relocations are made necessary by improvements to the public right-of-way. b. Provide satisfactory proof that the Water Service Line Repairs/Relocationsare for residential properties within St. Louis County. c. Provide written certificationthat neither the applicant(s), nor anyone on their behalf will make any claim against or seek any relief from St. Louis County arising out of or in connection with any work completed or any action taken in connection with the Water Service Line Capital Improvement Program Applicant shall further certify applicant's acknowledgementthat St. Louis County is not responsible for the acts of any applicant, Contractor or Subcontractor associated with the project, and applicant shall indemnify St. Louis County and hold St. Louis County harmless, to the extent authorized by law, from any and all claims arising out of the applicant's participationin, and work performed and actions taken in connection with the Water Service Line Capital Improvement Program. d. Provide written certificationthat all such Water Service Line Repairs/Relocationsas part of the capital improvement project be performed by a St. Louis County licensed master plumber, and that repairs be completed in accordance with all County, municipal and other applicable code regulationsand permit requirements. e. Certify that applicant shall reimburse County for all expenses incurred by the County on the applicant's behalf in the event that applicant withdraws any or all portions of the capital improvement project or otherwise interferes with performanceof work authorized under this program. f. Certify that applicant understandsand acknowledgesthat Water Service Line Repair/Relocationunder the Capital Improvement Programincludes only the repair, relocation, reconnectionor replacement of residential water service lines required as a result of improvementsto the public right-of-way,including associated digging and the replacement of dirt and seeding of affected areas. Replacement of structures required for safe occupancy of a residence or safe use of property is included. Replacement of landscapingor ornamental structures is not included. g. Certify that applicant understandsand acknowledgesthat the Water Service Line Capital Improvement Programexcludes any and all repair work on the inside or under any structure. h. Certify that applicant understandsand acknowledgesthat the Water Service Line Capital Improvement Programexcludes any and all water service repairs necessary due to freezing of water lines, earthquakes or other acts of God.

4. Administrationof the Water Service Line Capital Improvement Program shall be contingent upon the availabilityof funding collected or anticipated to be collected or as may be made available through the One Dollar ($1.00) per month fee imposed upon water service lines pursuant to St. Louis County Revised Ordinance 20,299.

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