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Township of Whitehall, PA
Lehigh County
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Code
New Laws (11) Index
The words and phrases appearing below, when used in this Part 11, shall have the meaning assigned to them below, but only for the purposes of this Part 11, unless the context clearly indicates otherwise.[1]
CONTRACT DOCUMENTS
All documents created specifically for the particular Township contract under consideration, but shall not include standards, publications, reference works, specifications, codes or other similar publications which were or are prepared for general use or reference in the trade or industry, independent of the Township contract. Contract documents shall include, but not be limited to, the drawings, plans, specifications, general conditions of the contract, supplementary conditions, special conditions, instructions to bidders, invitation to bid, bid bonds, performance and payment bonds, maintenance bonds, insurance certificates, requests for bids, requests for proposals, proposals or bids by contractors, contractors' prequalification documents and all other documents prepared for, used with, resulting from or otherwise associated with a Township contract.
TOWNSHIP CONTRACTS
All bids, contracts, purchases and other procurements by the Township of Whitehall for supplies, materials, labor, services, equipments, franchises, insurance, transportation, conveyance or lease of real estate, utilities or other valuable consideration, whether to be furnished to or for the Township or to be provided from or by the Township.[2]
[1]
Editor's Note: See Home Rule Charter, § 12.03.
[2]
Editor's Note: See Home Rule Charter, § 12.02.
All Township contracts shall comply with this Part 11, except as provided by other applicable laws.[1]
[1]
Editor's Note: See Home Rule Charter, §§ 12.02 and 12.03.
All Township contracts shall be awarded only after and on the basis of the advertisement and competitive bidding procedures hereinafter specified, unless excluded by this Part 11 or other applicable laws.[1]
[1]
Editor's Note: See Home Rule Charter, §§ 12.02 and 12.03.
The following types of Township contracts are generally excluded from the application of the advertising and competitive bidding procedures and provisions of this Part 11, but are subject to all of the other provisions of this Part 11:
A. 
Home Rule Charter. Those types of contracts listed in § 12.04 of the Whitehall Township Home Rule Charter, as amended from time to time, are excluded from competitive bidding, as follows:
(1) 
Labor or services rendered by any Township officer or employee.
(2) 
Labor, material, supplies or services furnished by one Township department to another Township department.
(3) 
Contracts where particular types, models or pieces of new equipment, articles, apparatus, appliances, vehicles or parts thereof are desired which are patented and available from only one source.
(4) 
Contracts for labor, materials, supplies or services not requiring competitive bids pursuant to the terms of § 1802 of the First Class Township Code of the Commonwealth of Pennsylvania (53 P.S. § 56802), as amended from time to time.
(5) 
Contracts relating to the acquisition or use of real property.
(6) 
Contracts relating to the sale of real or personal property for value less than an amount to be established by the Board of Commissioners.
(7) 
Contracts for professional or unique services.
(8) 
Contracts for emergency repair of public works of the Township.
(9) 
Contracts with other governmental entities, authorities, agencies or political subdivisions.[1]
[1]
Editor's Note: See Home Rule Charter, § 12.04.
B. 
First Class Township Code. Those types of contracts excluded from advertising and competitive bidding procedures by § 1802 of the First Class Township Code of the Commonwealth of Pennsylvania (53 P.S. § 56802), as amended from time to time, as follows:
(1) 
Those for maintenance, repairs or replacements for water, electric light or public works of the Township, provided they do not constitute new additions, extension or enlargements of existing facilities and equipment but a bond may be required by the Commissioners as in other cases of work done.
(2) 
Those made for improvements, repairs and maintenance of any kind made or provided by any Township through its own employees; provided, however, that all materials used for street improvement, maintenance and/or construction in excess of the same dollar amount limit ($10,000) as contained in § 1802 of the First Class Township Code of the Commonwealth of Pennsylvania (53 P.S. § 56802), as amended from time to time, be subject to the advertising and competitive bidding requirements contained herein.
(3) 
Those where particular types, models or pieces of new equipment, articles, apparatus, appliances, vehicles or parts thereof are desired by the Commissioners which are patented and manufactured products.
(4) 
Those involving any policies of insurance or surety company bonds, those made for public utility service under tariffs on file with the Pennsylvania Public Utility Commission, those made with another political subdivision or a county, the Commonwealth of Pennsylvania, the federal government, any agency of the Commonwealth or the federal government or any municipal authority, including the sale, leasing or loan of any supplies or materials by the Commonwealth or federal government or their agencies. But the price thereof shall not be in excess of that fixed by the Commonwealth, the federal government or their agencies.
(5) 
Those involving personal or professional services.
[Amended 11-13-2023 by Ord. No. 3327]
A. 
Township contracts for amounts less than the statutory limit for competitive bidding ($18,500), as set forth in § 1802(a) of the First Class Township Code of the Commonwealth of Pennsylvania [53 P.S. § 56802(a)], as amended from time to time, are generally excluded from the application of the advertising and competitive bidding provisions of this Part 11, but are subject to the requirements of Subsection B of this section, §§ 1-260 and 1-261 and all of the other provisions of this Part 11.
B. 
Township contracts for amounts less than the statutory limit for competitive bidding ($18,500), as set forth in § 1802(a) of the First Class Township Code [53 P.S. § 56802(a)], as amended from time to time, but for amounts greater than the statutory limit for either written or telephonic price quotations ($10,000), as set forth in § 1802(A.1) of the First Class Township Code of the Commonwealth of Pennsylvania [53 P.S. § 56802(A.1)], as amended from time to time, shall be obtained in accordance with the requirements of said § 1802(A.1) of the First Class Township Code [53 P.S. § 56802(A.1)], as amended from time to time, as stated in § 1-261, "Written and telephonic price quotations per First Class Township Code," of this Part 11, unless excluded or provided otherwise in this Part 11.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
Advertisement and competitive bidding procedures and other contract requirements or provision may be utilized or required for any Township contract, even though not otherwise required by this Part 11, when directed or designated by either the Board of Commissioners or the Mayor, in their respective discretion.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
A. 
In the absence of direction from the Board of Commissioners regarding the application of any discretionary provision of this Part 11 to any Township contract, the decision of the Mayor shall control and govern the procurements and award of that particular Township contract.
B. 
When the Board of Commissioners provides explicit direction, or in the event of a conflict between an explicit direction of the Board of Commissioners and the Mayor regarding application of any discretionary provision of this Part 11 to any Township contract, the direction of the Board of Commissioners shall be controlling and shall govern.