[HISTORY: Adopted by the Borough Council of the Borough of
Green Tree as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Fiscal matters — See Charter, Art. XIV
Contracts and bidding — See Charter, Art. XV.
Administration of government — See Ch. 5.
[Adopted 1-28-1974 (Sec. 210.01 of the 1982 Code)]
The President of Council and the Assistant Borough Secretary
are hereby authorized to invest surplus funds of the Borough in legal
interest-bearing securities in accordance with § 1005.6
of the Borough Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 46005(6).
[Adopted 11-2-1992 by Ord. No. 1230 (Ch. 208 of the 1982
Code)]
In accordance with Section 1503 of the Borough of Green Tree
Home Rule Charter, the procedure for competitive bidding in the Borough
shall be as provided in this article. However, the provisions of this
article shall not apply to those items not requiring competitive bidding
as set forth in Section 1504 of the Borough of Green Tree Home Rule
Charter.
As used in this article, the following terms shall have the
meanings indicated:
The bidder who, in a competitive bidding situation, submits
a bid which, as finally determined by the Borough Council, is the
best bid available in terms of price, product, service, quality, adherence
to specifications, timeliness of delivery, serviceability, maintenance
and other factors that the Borough Council may establish. The lowest
bid price shall not be a sufficient basis to meet the terms of this
definition.
A bid bond, certified check, bank treasurer's check
or cashier's check, drawn in favor of or payable to the Borough,
in an amount not less than 10% of the total amount of a bid, subject
to the requirement that any bid bond shall be written by a company
licensed by the Commonwealth of Pennsylvania to provide such bonds.
A bidders list for each type of goods or service to be purchased by the Borough as existing five full business days prior to the time period set forth in § 49-4B(4) for the submission of bids (bid closing date).
[Added 8-2-1999 by Ord. No. 1396]
[Added 8-2-1999 by Ord. No. 1396]
A.
Preparation of bid.
(1)
The Borough Manager, or his or her designee, shall establish an application/questionnaire
for completion by each bidder to determine whether a bidder is qualified
to be determined a responsible bidder, either through previous dealings
with the Borough or through an investigation of the bidder and his
or her credit worthiness, reliability, performance of other like or
similar projects or sales, bonding history, trade, bank, surety and
insurance references.
(2)
An application must be completed and investigated by the Borough
Manager, or his or her designee, of each bidder prior to the bidder's
placement on the responsible bidders list.
(3)
Upon completion of the investigation set forth above, the Borough
Manager shall promptly either place the bidder on the responsible
bidders list or deny the bidder placement on the responsible bidders
list, setting forth the reasons therefor.
(4)
Once qualified as responsible, a bidder shall remain on the bidders
list unless and until removed by reason of disqualification.
B.
Any purchase required to be made through competitive bidding shall
require an invitation to bid to be prepared by or at the direction
of the Borough Manager. The invitation shall include, but not be limited
to, the following:
(1)
A basic description of the item or items to be purchased;
(2)
The quantity of items to be purchased;
(3)
The method by which the specifications and the documents may be obtained;
(4)
The last date, time and place for the submission of the bids (bid
closing date), and the date, time and place of opening of the bids,
provided that the date of opening the bids need not be the date of
awarding the bids; and
(5)
Any other specific requirements deemed necessary by the Borough.
A.
A copy of the invitation to bid shall be published in a newspaper
of general circulation in the Borough at least once each week for
two successive weeks. The last date of publication shall be no less
than 10 days prior to the scheduled bid closing date. The first date
of publication shall be no more than 60 days prior to the scheduled
bid closing date.
B.
An invitation to bid shall be sent by mail to all vendors appearing
on the responsible bidders list for the item or service to be purchased.
[Added 8-2-1999 by Ord. No. 1396]
Bid specifications shall be as proposed by the appropriate department
head, but such specifications shall be approved by the Borough Manager
before advertising or submission to proposed vendors. Specifications
shall consist of, but not be limited to, a specific, complete and
accurate description of the item or items to be furnished, labor supplied,
performance requirements and conditions and terms of purchase. Specifications
may include requirements for performance bonds, insurance certificates,
maintenance bonds, labor and material bonds and exceptions to the
bid, if any. Construction contracts with the Borough shall also include
a requirement for a certificate of insurance containing such coverages
and limits as specified by the Borough, performance bonds, labor and
material bonds and, if deemed necessary, maintenance bonds.
A.
Bid security in an amount not less than 10% of the bid amount shall
accompany all bids. Failure to submit such bid security shall be grounds
for rejection of the bid.
B.
The bid security required under Subsection A hereof shall be returned to the successful bidder upon the signing of the contract by the Borough and the successful bidder and upon posting, with the Borough, a performance bond, if required, by the successful bidder. The bid security will be returned to all unsuccessful bidders within 30 days after the Borough has awarded the contract and after the contract has been signed by the Borough and the successful bidder.
A.
All bids shall:
(1)
Be firmly sealed;
(2)
Be addressed and delivered to the Borough at 10 West Manilla Avenue,
Pittsburgh, Pennsylvania, 15220;
(3)
Be labelled as to the invitation to bid for which it is submitted;
(4)
Be capable of being withdrawn by the bidder prior to the time set
for opening;
(5)
Be opened publicly at the appointed date and time; and
(6)
Remain open for the period of time set forth in the bid specifications.
B.
Any bid received after the bid closing date and time shall be returned
unopened to the bidder.
C.
After all bids have been opened, they may be reviewed and analyzed
by the Borough Manager or his or her designated representative or
by a committee of Council, who or which shall then submit to Council
his, her or its recommendation as to the best responsible bidder.
D.
The award of the bid shall be made in a public meeting of Council,
after such deliberation and review as Council deems appropriate.
E.
The Borough reserves the right to reject any and all bids or quotations
and to waive any minor discrepancies in the bid, quotations or specifications
when deemed to be in the best interests of the Borough.
[Amended 8-2-1999 by Ord. No. 1396]
A.
The Borough reserves the right to disqualify as a bidder any corporation,
firm or individual who or which, for any cause or reason, including,
but not limited to:
(1)
Is in arrears to the Borough for any sum, has failed to perform,
either completely or satisfactorily, any prior contract with the Borough,
has failed to fulfill any guarantees or time requirements with the
Borough or has similarly failed in any prior contracts with other
municipalities;
(2)
Colludes with another bidder in an attempt to regulate price, quality
or the availability of goods or services;
(3)
Is interested in more than one proposal or bid being submitted to
the Borough for the same item;
(4)
Attempts to influence the Borough, its employees and/or its officers
through any gifts, gratuities, favors or benefits;
(5)
Fails to submit a bid to the Borough on two successive occasions;
or
B.
The Borough Manager, or his or her designee, shall provide prompt
notice to any bidder disqualified as a responsible bidder, setting
forth the reasons thereof.
C.
Any bidder removed by disqualification shall be entitled to apply
for requalification upon submission of proof satisfactory to the Borough
Manager, or his or her designee, that the cause for disqualification
has been removed.
The right of the Borough to enter into contracts where no bids
are received shall be as set forth in 73 P.S. § 1641.
A.
The rights of a bidder to withdraw his or her or its bid in a construction
contract and his or her or its corresponding obligations and duties
to the Borough, and the rights of the Borough to re-bid and assess
costs upon such withdrawal, shall be as set forth in 73 P.S. §§ 1602,
1603, 1604, 1605 and 1606. Except as specifically provided in 73 P.S.
§ 1602, there shall be no right to withdraw a bid once such
bid is submitted to the Borough.
[Amended 8-2-1999 by Ord. No. 1396]
B.
In the event the Borough contests the right of a bidder to withdraw
his or her bid, the procedure thereafter shall be as set forth in
73 P.S. § 1604.
A.
Procedure. Council may, subject to the following requirements, sell,
lease or convey any lands of the Borough by any of the following methods:
(1)
Upon a request for bids or sale at public auction, as set forth at
53 P.S. § 46201(4), except that Council may:
(2)
At private sale, upon the terms and conditions set forth in 24 P.S.
§§ 7-707(3) and 7-707(6), except that where the term
"school district" is used, the term "Borough" shall be inserted; where
the term "board of school districts" is used, the term "Council of
the Borough" shall be inserted; and where the term "board" is used,
the term "Borough" shall be inserted, so that §§ 7-707(3)
and 7-707(6) shall read as follows:
(3)
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At private sale, subject to the approval of the court of common
pleas of the county in which the Borough is located. Approval of the
court shall be on petition of the Council of the Borough, which petition
shall be executed by the proper officers of the Borough and shall
contain a full and complete description of the land proposed to be
sold, a brief description and character of the building or buildings
erected thereon, if any, the name of the prospective purchaser, the
amount offered for the property, and shall have attached thereto an
affidavit of at least two persons who are familiar with the values
of real estate in the locality in which the land and buildings proposed
to be sold are located to the effect that they have examined the property,
that the price offered therefor is a fair and reasonable one and in
their opinion a better price than could be obtained at public sale,
and that they are not interested, either directly or indirectly, in
the purchase or sale thereof. Before the court may act upon any such
petition it shall fix a time for a hearing thereon and shall direct
that public notice thereof be given as provided in clause (1) of this
section. A return of sale shall be made to the court after the sale
has been consummated and the deed executed and delivered.
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(6)
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The Borough, when selling property at private sale, may engage
the services of licensed real estate brokers to secure prospective
purchasers, and pay them the customary real estate agents' commission
charged within the Borough, but only in the event the sale is actually
consummated by the brokers.
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B.
Imposition of terms, conditions, covenants and bid security requirements
by the Borough. Upon the sale, lease or conveyance of any Borough
lands, Council may impose such terms, conditions, covenants, covenants
running with the land and requirements as to bid security as Council
deems necessary under the circumstances and in the best interests
of the Borough.
C.
Rejection of bids. The sale, lease or conveyance of Borough lands
by bid or public auction shall be subject to the right of the Borough
to reject any and all bids, even if any prospective bidder submits
a bid equal to or greater than the fair market value of the property
or any minimum bid price set forth at the public auction.
D.
Compliance with Charter. Entry into a contract for the sale or conveyance
of Borough lands shall be subject to the requirements of Sections
501.7 and 1501 of the Green Tree Home Rule Charter. The Borough shall
not be obligated or bound to convey such lands until such sections
of the Charter have been complied with.