Village of Twin Oaks, MO
St. Louis County
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Table of Contents
Table of Contents

Section 131.010 Purpose.

[R.O. 2011 §131.010; Ord. No. 217 §1, 6-7-2006]
The purpose of this Chapter is to establish rules and procedures governing the procurement of materials, supplies, equipment and services for the Village and to maintain a high ethical standard for all officers and employees of the Village in connection therewith.

Section 131.020 Purchasing Agent.

[R.O. 2011 §131.020; Ord. No. 217 §1, 6-7-2006; Ord. No. 338 §1, 7-20-2011]
A. 
The Village Administrator/Clerk shall act as the Purchasing Agent. The Purchasing Agent shall, in accordance with and subject to the rules, regulations and procedures in this Chapter and all applicable laws and ordinances:
1. 
Direct, supervise and be responsible for the procurement and acquisition of all materials, supplies and equipment, all contractual services and all insurance required by the Village;
2. 
Verify that all vendors and contractors of the Village have the appropriate insurance coverage;
3. 
Sell or dispose of all obsolete or unusable personal property of the Village under five thousand dollars ($5,000.00) depreciated value. A list shall be presented to the Board of Trustees of all obsolete or unusable personal property of the Village whose original value was greater than two hundred fifty dollars ($250.00);
[Ord. No. 481 §8, 3-2-2016]
4. 
Forward all purchases and contracts over five thousand dollars ($5,000.00) to the Board of Trustees for final approval.

Section 131.025 Bid Evaluation Guidelines.

[R.O. 2011 §131.025; Ord. No. 338 §2, 7-20-2011]
A. 
The following shall be guidelines in determining the lowest and best bidder and shall be included in all bid packages:
1. 
The ability, capacity and skill of the bidder to perform the contract or provide the services required.
2. 
Whether the bidder can perform the contract or provide the services promptly or within the time specified without delay or interference.
3. 
The character, integrity, responsibility, judgment, experience and efficiency of the bidder.
4. 
Whether the bidder is in default on the payment of taxes, licenses or other monies due to the Village, County or State and this factor alone shall justify disqualification.
5. 
The quality and performance of previous contracts or services.
6. 
The previous and existing compliance by the bidder with laws, the provisions of this Code and other Village ordinances relating to the contract services.
7. 
The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service.
8. 
The quality, availability and adaptability of the supplies or contractual services to the particular use required.
9. 
The ability of the bidder to provide, where applicable, future service and maintenance of equipment which is the subject of the contract.
10. 
The number and scope of conditions attached to the bid.
11. 
Performance and payment bonds are part of bid and provided for unless specifically excluded by the Board.

Section 131.030 Purchases Less Than Five Thousand Dollars.

[R.O. 2011 §131.030; Ord. No. 217 §1, 6-7-2006; Ord. No. 416 §1, 1-22-2014; Ord. No. 481 §9, 3-2-2016]
Purchases of less than five thousand dollars ($5,000.00) may be authorized by the Village Administrator/Clerk, and the Board of Trustees shall be notified of each purchase in excess of two hundred fifty dollars ($250.00). Purchasing should follow best practices in ensuring competitive pricing.

Section 131.040 Purchases From Five Thousand Dollars To Ten Thousand Dollars.

[R.O. 2011 §131.040; Ord. No. 217 §1, 6-7-2006; Ord. No. 338 §3, 7-20-2011; Ord. No. 416 §1, 1-22-2014]
A. 
For purchases from five thousand dollars ($5,000.00) to ten thousand dollars ($10,000.00), the Village Administrator/Clerk, or his or her designee, shall solicit at least three (3) quotes for the item or items which may be solicited and returned either on-line and/or by hard copy.
[Ord. No. 481 §10, 3-2-2016]
B. 
For purchases greater than five thousand dollars ($5,000.00), bids and recommendations will be submitted to the Board of Trustees Board.

Section 131.050 Purchases Greater Than Ten Thousand Dollars.

[R.O. 2011 §131.050; Ord. No. 217 §1, 6-7-2006; Ord. No. 338 §2, 7-20-2011; Ord. No. 481 §11, 3-2-2011; Ord. No. 17-09 §1, 3-1-2017]
A. 
Whenever any contemplated purchase or contract for services is reasonably anticipated to cost more than ten thousand dollars ($10,000.00), the City Administrator/Clerk shall cause to be published on the Twin Oaks website and in an issue of the St. Louis Edition of The Countian, or other newspaper, a notice inviting sealed bids. The notice shall include a general description of the articles to be purchased or the scope of services to be performed and the time and place for opening of sealed bids. At the direction of the City Administrator/Clerk a pre-bid meeting may be held for the purposes of explaining and answering questions with respect to the scope of the project. In addition, when practicable, the notice shall be sent to at least three (3) responsible prospective suppliers of the item to be purchased or services to be performed. Bid packets will be available in hard copy at the City office and/or electronically until the date set for the receipt of the bids. Inadvertent omission by the City of any of the steps set forth herein shall not invalidate the bidding process.
B. 
Sealed bids shall be received at the City office and shall be identified as bids on the envelope. The bids shall be opened in public at the time and place stated in the invitation to bid before at least two (2) City witnesses; and after the opening, the City Administrator/Clerk shall tabulate all bids received and shall file a written report of the bids with the Board of Aldermen together with his/her written recommendations as to whom the City should award the contract.
C. 
When deemed necessary by the City Administrator/Clerk, bid deposits shall be prescribed in inviting bids. A successful bidder shall forfeit any surety required by the City upon failure on the bidder's part to enter into a contract within ten (10) days after the award, and the invitation to bid shall so state. An unsuccessful bidder shall be entitled to return of his/her surety.
D. 
All bid documents will include an insurance clause as follows:
1. 
All bids shall include and cover the cost of Workers' Compensation insurance for all employees of the bidder and for all employees of all subcontractors. It is agreed that the successful contractor shall furnish the City with a certificate of insurance from an insurance company with a Best's rating of at least B+/VII, or greater if required by the Board of Aldermen, indicating statutory Workers' Compensation coverage and the minimum coverage amounts stated in Subsection (D)(2) of this Section. The policy of insurance shall have endorsed on it a requirement of at least thirty (30) days' written notice mailed to the City indicating any cancellation or material change in coverage. The Board of Aldermen may increase or decrease the minimum coverage amounts on a per project basis.
2. 
Minimum coverage amounts:
a. 
General liability:
(1)
General aggregate
$1,000,000.00
(2)
Product, completed operations aggregate
$1,000,000.00
(3)
Personal injury
$1,000,000.00
(4)
Each occurrence
$1,000,000.00
(5)
Fire legal liability damage
$100,000.00
(6)
Medical expense
$10,000.00
b. 
Automobile combined single limit: one million dollars ($1,000,000.00).
c. 
Excess liability:
(1)
Each occurrence
$1,000,000.00
d. 
Employer's liability:
(1)
Each accident
$100,000.00
(2)
Disease, policy limit
$500,000.00
(3)
Disease, each employee
$100,000.00
3. 
The contractor shall indemnify and hold harmless the municipality and its elected and appointed officials and employees from and against all claims, damages, losses and expenses, including attorney's fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expenses:
a. 
Attributable to bodily injury, sickness, disease or death or to injury to or destruction of tangible property, other than the work itself, including the loss of use resulting therefrom, and
b. 
Caused in whole or in part by any negligent act or commission of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable regardless of whether or not it is caused in part by a party indemnified under this Chapter.
In any and all claims against any municipality or any of its agents or employees by any employee of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Subsection shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits by or for the contractor or any subcontractor under Workers' Compensation acts, disability benefit acts or other employee benefit acts.
E. 
Upon Board approval, the City Administrator/Clerk shall award the contract to the lowest responsible bidder, but the Board of Aldermen reserves the right to reject any and all bids.

Section 131.060 Exceptions To The Purchase Policy.

[R.O. 2011 §131.060; Ord. No. 217 §1, 6-7-2006; Ord. No. 338 §4, 7-20-2011]
A. 
Single-Source Purchases. In the event there is only one (1) acceptable vendor capable of furnishing a particular service or commodity, the Village Administrator/Clerk may be authorized to procure such service or commodity without bidding. The Village Administrator/Clerk shall document the particular facts which make the item a single-source purchase. Such purchase must have Board of Trustee approval if greater than five thousand dollars ($5,000.00).
B. 
Emergency Purchases. Where an emergency situation requires immediate purchase of supplies or services and time is of the essence, the Village Administrator/Clerk is authorized to procure the supplies or services needed without following the bidding procedures. The Board of Trustees will be notified at their next regular meeting.
[Ord. No. 481 §12, 3-2-2016]
C. 
Situations Calling For Competitive Negotiations. Where it can be demonstrated that the Village receives the best value on a purchase through informal discussion and bargaining rather than through the conventional bidding process, the Village Administrator/Clerk need not follow the conventional bidding process exclusively. Such purchases shall be documented by the Village Administrator/Clerk and given prior approval by the Board of Trustees. Examples would include, but not be limited to, circumstances where time is a crucial factor, when the procurement involves high technology items or when there is obvious inherent economy in purchasing from a particular vendor.
D. 
Cooperative Purchasing. The purchasing procedures established shall not apply to purchases made by, through or with the Division of Procurement of St. Louis County or any other governmental agency or unit with whom the Village is permitted to engage in cooperative purchasing. The Village Administrator/Clerk has the authority to join with any other governmental unit, including U.S. Communities, Government Purchasing Alliance, in cooperative purchasing when the best interests of the Village shall be served by such cooperative purchasing.
[Ord. No. 481 §12, 3-2-2016]
E. 
Professional Services And Real Estate. Specifically excluded from the provisions of the Village's purchasing policy is the procurement of real estate and professional services with the Board's approval.

Section 131.070 State and Federal Laws.

[R.O. 2011 §131.070; Ord. No. 217 §1, 6-7-2006]
Except in cases where they are not as restrictive as the Village's purchasing regulations, applicable State and Federal laws shall supersede any regulations of the Village of Twin Oaks concerning purchasing.

Section 131.080 Subdivision of Contracts.

[R.O. 2011 §131.080; Ord. No. 217 §1, 6-7-2006]
No contract or purchase shall be subdivided to avoid the requirements of the Village's purchasing policy.

Section 131.090 Purchase of Goods, Supplies and Services.

[R.O. 2011 §131.090; Ord. No. 217 §1, 6-7-2006]
Whenever possible in the purchasing of goods, supplies and services for use by the Village of Twin Oaks, Missouri, the Village Administrator/Clerk is encouraged and urged, to the greatest extent possible, to purchase such goods, supplies and services from businesses located within the boundaries of the Village of Twin Oaks, Missouri, as long as the costs of said items are within ten percent (10%) of the prices for these same items offered elsewhere.

Section 131.100 Credit Card Policy.

[Ord. No. 395 § 1, 5-15-2013]
A. 
Purpose: to allow personnel to purchase goods and services directly from vendors when those items are needed, but it is not expedient, practical, or desirable to have either a check or cash available when payment is demanded.
B. 
Issuance and Policy. The Village Office may utilize only one (1) credit card which must be a bank credit card, such as MasterCard or VISA. No vendor cards shall be authorized. The Chairman of the Board must authorize and sign the application for the credit card. The Administrator/Clerk may authorize use of cards within the Village Office. All employees issued a credit card must sign an acknowledgement form recognizing their responsibility to comply with the Village's policy regarding credit cards.
C. 
Credit Limit. The appropriate credit limit for such card will be established by the Board of Trustees by written policy. If a temporary increase is needed, the purchase must be authorized by the Chairman of the Board.
[Ord. No. 481 §13, 3-2-2016]
D. 
Use Of Credit Card. The use of this card is restricted to use for the benefit of the Village of Twin Oaks to acquire goods and services which are appropriate for the conduct of the Village business. No personal expenditures are allowed by employees with the credit cards, even if the intent is to repay the Village at a future point.
E. 
Receipts. Credit card receipts must be submitted to the Administrator/Clerk or his/her designee and must include supporting documentation, which clearly show what goods and services were purchased using the credit card.
[Ord. No. 481 §13, 3-2-2016]

Section 131.110 Alternative Construction Delivery Methods.

[Ord. No. 482 §1, 3-2-2016]
A. 
Definitions. For the purposes of this Section 131.110, certain terms and words are hereby defined as follows:
ALTERNATIVE CONSTRUCTION DELIVERY METHOD
Any project delivery method, other than a design-bid-build process, utilized to construct, reconstruct, improve, enlarge, alter, paint and decorate or make major repairs to any fixed work, the performance of which requires the payment of prevailing wage pursuant to State or Federal law, including design-build or any other alternative procurement method authorized by law.
DESIGN-BUILD CONTRACT
A contract in which the design professional and construction services are contracted by a single entity known as the design-builder, design-build contractor or a variant thereof, and which single entity is responsible for all of the work on the project.
DESIGN PROFESSIONAL CONTRACT
A contract for architectural, engineering or land surveying services relating to the design or construction of buildings, bridges, streets, sewers, viaducts, water mains or any structure or public improvement of any nature whatsoever to be erected upon lands belonging to the Village, excluding those contracts in which the design professional services are provided pursuant to a design-build contract.
QUALIFICATION BASED SELECTION PROCESS
A solicitation process that includes consideration of the qualifications of anyone responding to a solicitation as the determinative criteria for selection.
REQUEST FOR PROPOSALS
A written invitation by the Village for persons to submit an offer subject to subsequent negotiations with the Village and subject to subsequent additions, deletions, modifications to the request for proposal specifications or any subsequent contract.
STATEMENT OF QUALIFICATIONS
A statement submitted by a prospective contractor detailing a prospective contractor's experience, financial capacity, key personnel, and other information pertinent to a particular project.
B. 
Prerequisite Criteria. In selecting an alternative construction delivery method and awarding a contract, the Village shall consider the following factors:
1. 
The needs of the Village;
2. 
Time requirements for the project and potential time saving strategies;
3. 
The complexity of the project;
4. 
Estimated project costs;
5. 
Cost savings to the Village;
6. 
Private investment and financial contributions that could be leveraged to complete the project;
7. 
The likelihood that the use of an alternative procurement method will diminish competition for Village contracts; and
8. 
Any other factor found to be in the Village's best interest.
C. 
Factors In Determining To Whom To Award A Contract. The Village shall consider the following factors:
1. 
The cost submitted or proposed by the contractor;
2. 
The reputation of the contractor;
3. 
The quality of the contractor's goods or services;
4. 
Previous relevant experience and technical capabilities of the contractor;
5. 
The extent to which the contractor's goods or services meet the Village's needs;
6. 
The contractor's past relationship with the Village;
7. 
Any private investment or contribution, financial or otherwise, proposed by the contractor to complete the project; and
8. 
Any other relevant factor specifically listed in the solicitation of bids or request for proposals.
If the contract is awarded by a party other than the Village pursuant to a cooperative agreement between that party and the Village, the party awarding the contract shall consider, at a minimum, the same factors listed in this Subsection.
D. 
Design Professional Contracts.
1. 
A selection shall be made based on the qualification based selection process. A qualification based selection shall be made based upon the statement of qualifications that was required to be submitted and any supplement thereto as requested by the Village.
2. 
The process for making the qualification based selection shall be used when it is determined that the estimated dollar value of the design professional contract is over fifty thousand dollars ($50,000.00) or when the Board of Trustees otherwise determines it will use this process, provided, however, that the failure to utilize the applicable process shall not invalidate any public improvement procurement or any contract.
3. 
The Village may convene a selection committee, which committee shall rank the firms from most to least qualified and then submit this list as a recommendation to the Board of Trustees for consideration. The committee shall be comprised of at least three (3) and no more than five (5) persons which may include the Village Chairman, Village Administrator/Clerk and the architect and/or engineer acting as the Village's consultant on the project.
4. 
The Board of Trustees or its designee shall thereafter negotiate a contract for the project with the firm selected as most qualified. If the Village is unable to negotiate a satisfactory contract with the firm selected, negotiations with that firm shall be terminated. The Village shall then undertake negotiations with another of the qualified firms selected. If there is no agreement with the second firm, negotiations with such firm shall be terminated. The Village shall then undertake negotiations with the third qualified firm. If the Village is unable to negotiate a contract with any of the selected firms, the Village shall reevaluate the necessary architectural, engineering or land surveying services, including the scope and reasonable fee requirements, and again conduct a qualification based selection process. Notwithstanding the foregoing, nothing herein shall obligate the Village to undertake any negotiations if the Village shall have determined to terminate the solicitation for any or no reason.
E. 
Design-Build Contracts.
1. 
A selection shall be made based on the qualification based selection process. A qualification based selection shall be made based upon the statement of qualifications that was required to be submitted.
2. 
The process for making the qualification based selection shall be used when the Board determines that the estimated dollar value of the design-build contract is over fifty thousand dollars ($50,000.00) or when the Board of Trustees otherwise determines it will use this process, provided, however, that the failure to utilize the applicable process shall not invalidate any public improvement procurement or any contract.
3. 
The Village may convene a selection committee, which committee shall rank the firms from most to least qualified and then submit this list as a recommendation to the Board of Trustees for consideration. The committee shall be comprised of at least three (3) and no more than five (5) persons which may include the Village Chairman, Village Administrator/Clerk and the architect and/or engineer acting as the Village's consultant on the project.
4. 
The Board of Trustees or its designee shall thereafter negotiate a contract for the project with the firm selected as most qualified. If the Village is unable to negotiate a satisfactory contract with the firm selected, negotiations with that firm shall be terminated. The Village shall then undertake negotiations with another of the qualified firms selected. If there is no agreement with the second firm, negotiations with such firm shall be terminated. The Village shall then undertake negotiations with the third qualified firm. If the Village is unable to negotiate a contract with any of the selected firms, the Village shall reevaluate the scope of the project and again conduct a qualification based selection process. Notwithstanding the foregoing, nothing herein shall obligate the Village to undertake any negotiations if the Village shall have determined to terminate the solicitation for any or no reason.
F. 
Nothing herein shall require the Village to seek qualifications for design professional contracts. The Board of Trustees may contract for design professional services with a single design professional based on prior work history with the Village or other similar reasons as provided in Section 131.060(E).