Township of Upper Providence, PA
Delaware County
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Table of Contents
Table of Contents
GENERAL REFERENCES
Contracts generally — See Charter, Art. VII.
Finance generally — See Charter, Art. VII.
Code of Ethics — See Charter, Art. XI
Agreements for collection and disposal of solid waste — See Ch. 1064.
Agreements for collection of recyclables — See Ch. 1066.
[Ord. No. 181, passed 8-18-1988]
The value of a major contract, as provided for and defined in Section 7.07, Contracts, of the Upper Providence Township Home Rule Charter, is a contract having a value equal to or in excess of $10,000.
[Ord. No. 181, passed 8-18-1988]
For other than major contracts, the persons authorized to execute contracts that are made pursuant to the budget or other prior authorizations are the Township Secretary or a member of the Council. This authorization is applicable only to contracts having a value of less than $10,000.
[Ord. No. 181, passed 8-18-1988]
Contracts that are made pursuant to the budget or other prior authorizations and that have a value equal to or in excess of $10,000 are major contracts and are subject to all of the provisions of the Home Rule Charter pertaining to major contracts.
[Ord. No. 169, passed 10-15-1987]
All contracts for the purchase of materials, equipment and supplies, or for maintenance, repairs or construction, the total cost of which equals or exceeds $4,000, except those for which competitive bidding shall not be required in accordance with the Home Rule Charter, Section 7.07F, shall be made to the lowest responsible bidder after receipt of one or more sealed bids in accordance with the procedures set forth in Sections 208.05 through 208.14.
[Ord. No. 169, passed 10-15-1987]
The Township Manager shall establish and maintain by categories of products or services a bidders list containing those contracts who have expressed a potential desire to compete or who by past performances demonstrated such capability. The Township Manager shall prescribe the procedure for maintaining the list current. A copy of bid solicitations as advertised shall be mailed to each contractor providing such products or services at the time advertisements for bids are placed.
[Ord. No. 169, passed 10-15-1987]
Specifications and, where applicable, plans required for execution of the contract shall be complete and available in the Township Building preceding and during advertising for bids.
[Ord. No. 169, passed 10-15-1987]
Advertising for bids on all contracts for which competitive bidding is required shall be processed according to the following procedures:
(a) 
Advertising shall be placed at least once in a regularly published newspaper in general circulation in the Township and once in a publication circulated throughout the Township on at least a weekly basis. Advertising may also be published in additional general circulation newspapers or trade journals as may be warranted by the nature of the contract. Advertising may also be placed more than once. The Township Manager shall determine the additional advertising as may be warranted by the contract.
(b) 
Advertising shall appear at least 10 days prior to the day of bid opening for contracts of supply of materials which are standard commercial or catalog items. For contracts which require the design, development, fabrication or installation of nonstandard items, the bid advertising shall appear at least 30 days prior to bid opening.
(c) 
The advertisement shall specify as a minimum:
(1) 
The location of the available specifications.
(2) 
The bonding requirements for bidders.
(3) 
The location and timing for delivery of sealed bids.
(4) 
The location and timing for bid opening.
[Ord. No. 169, passed 10-15-1987]
The following general requirements will be established for bidders:
(a) 
Familiarity with proposed work. Before submitting a proposal, the bidder shall carefully examine drawings and specifications, visit the site when applicable, be cognizant of all laws, ordinances and regulations, wage rates and labor conditions in the area of operation affecting the contract or the work, and shall include in the proposed form a sum to cover the cost of all items, implied or required, to attain the completed conditions required by the contract.
(b) 
Laws and ordinances. All regulations and ordinances of Upper Providence Township and laws of the Commonwealth of Pennsylvania or the United States of America shall be observed by the contractor as far as they apply to the contract. The contractor shall file for necessary Township permits, but the fee for required Township permits may be waived by the Township as a condition of the contract.
(c) 
Preparation of proposals. All bids must be submitted on forms prepared by the Township and shall be subject to all requirements and specifications, drawings, where applicable, and the information and other instructions to bidders.
(d) 
Bids in force for 60 days. All bids must remain in force for 60 days after the date of the opening of bids and may be accepted or rejected at any time prior to the expiration of this period.
[Ord. No. 169, passed 10-15-1987]
The following bonds are required for a bidder and subsequently of the successful bidder:
(a) 
Bid bond. Each sealed bid shall be accompanied by a certified check, bank cashier's or treasurer's check, or a bid bond with corporate surety satisfactory to the Township, in an amount equal to not less than 10% of the bid. In the case of any materials, equipment or supplies to be acquired by the Township by chattel mortgage, bailment lease, conditional sale contract or other security agreement, the total cost shall be the total amount payable pursuant thereto throughout the term thereof. No bid will be considered unless it is so guaranteed. The bid guaranty shall insure the execution of the contract by the bidder, and only bid bonds which are made on the regular bid bond form will be accepted, all as required by the specifications.
(b) 
Performance maintenance and labor and material payment bonds.
(1) 
The successful bidder must deliver to Upper Providence Township, in exchange for the bid security, the following bonds:
A. 
In the case of contracts for maintenance, repairs or construction, the total cost of which exceeds $4,000, but does not exceed $10,000, a performance bond with corporate surety satisfactory to Council in such amount as Council may require, but not less than 50% of the total contract price.
B. 
In the case of contracts for maintenance, repairs or construction, the total cost of which exceeds $10,000, a performance bond executed by one or more surety companies satisfactory to the Council and authorized to do business in the Commonwealth of Pennsylvania, at 100% of the contract price for faithful performance of the contract and 10% of the contract price for maintenance of the work performed under the contract for a period of one year from the date of completion and acceptance of the work performed under the contract.
C. 
In all cases, a material and labor bond in the amount of 100% of the contract price for the payment of all persons performing labor or furnishing materials in connection therewith.
(2) 
Such bonds shall be in the form of bonds included in the specifications and shall bear the same date as the date of the contract. The failure of any successful bidder to execute required bonds within 20 days after the prescribed forms are presented for signature, or within such extended period as the Township Council may grant, shall constitute a default, and the Township Council may either award the contract to the next responsible bidder or readvertise for bids and may charge against the bidder the difference between the amount of this bid and the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid guaranty.
[Ord. No. 169, passed 10-15-1987]
The following procedures apply to the receipt, opening and acceptance or rejection of bids:
(a) 
Receipt of bids. Bids received prior to the time of opening will be securely kept, unopened. The Township officials whose duty it is to open them will decide when the specified time has arrived, and no bid received thereafter will be considered if received after that time except as provided below. No responsibility will attach to Township officials for the premature opening of a bid not properly addressed and identified. Sealed bids will be received by Upper Providence Township at the office of the Township Manager until the date and time specified for the contract.
(b) 
Bid openings. Bids shall be opened at the advertised meeting when bids are to be received or at an earlier time and place, provided that the bid opening occurs at the Township Building at an advertised date and time with at least two of the following persons in attendance: any member of Township Council, the Township Manager and the Township Engineer. The Township Manager will record the bids and keep the bids secure until presentation to Township Council at the advertised meeting to receive the bids.
(c) 
Award of bids. The award of bids shall be made to the lowest responsible bidder only by public announcement at the meeting at which bids are received, or at a subsequent meeting, the time and place of which shall be publicly announced when bids are received. If, for any reason, one or both of the above meetings shall not be held, the same business may be transacted at any subsequent meeting if at least 10 days notice thereof shall be published in a newspaper published or circulating generally in the Township, the meeting date is properly posted at the Township office and each bidder has been notified by mail of the change of date.
(d) 
Rejection of bids.
(1) 
In accordance with the Home Rule Charter, Section 7.07E, the award shall be made to the lowest responsible bidder. "Responsible" shall be interpreted to signify that the following conditions are met:
A. 
The bonding requirements have been met.
B. 
All imposed requirements have been met.
C. 
The bidder has demonstrated competence for performing the work.
D. 
The submitted bid is in compliance with the proposed statement of work.
(2) 
If none of the bidders meets the above requirements, the Township may reject all bids and reinitiate the bidding process. The Township officials evaluating the bids shall interpret the above conditions and shall include the results of this evaluation in their recommendation to Council. The Township reserves the right to reject any and all bids for any reason.
[Ord. No. 169, passed 10-15-1987]
A bidder may withdraw his or her bid if the bidder or his or her authorized representative shall present a written request not later than the hour set for the opening of bids. The bid shall be withdrawn, and at the time of opening proposals the bid will be returned to the bidder unread.
[Ord. No. 169, passed 10-15-1987]
All contracts executed by the Township or an officer thereof which involve the construction or doing of any work involving the employment of labor shall contain a provision that the contractor shall accept and adhere to the provisions of the Pennsylvania Human Relations Act (43 P.S. Secs. 951 et seq.), as amended.
[Ord. No. 169, passed 10-15-1987]
All contracts executed by the Township or an officer thereof which involve the construction or doing of any work involving the employment of labor shall contain a provision that the contractor shall accept, insofar as the work covered by any such contract is concerned, the provisions of the Pennsylvania Workers' Compensation Act (77 P.S. Secs. 1 et seq.), as amended, and said contractor will insure his liability thereunder or file with the Township a certificate of exemption from insurance from the Bureau of Workers' Compensation of the Department of Labor and Industry.
[Ord. No. 169, passed 10-15-1987]
In the event that the Township does not have a Township Manager, the duties and responsibilities of the Township Manager under this chapter shall be discharged by the Township Secretary.
[Res. Unno, passed 9-17-1971; Ord. No. 252, passed 10-14-1993]
(a) 
Participation in contracts of the department of property and supplies.
(1) 
In general. The Township shall, from the date of this resolution, participate in purchase contracts of the Department of Property and Supplies of the Commonwealth, Cooperative Purchasing Division.
(2) 
Taking of other bids. The Township shall, in many cases, still continue to take bids on its own, in the event that the bid prices received might be lower than the price obtainable under cooperative purchasing.
(3) 
Filing of copy of section. A copy of this section shall be forwarded to the Department of Property and Supplies, Cooperative Purchasing Division, Box 1165, Harrisburg, Pennsylvania 17125, with the request that a list of contracts with contractors who have indicated a willingness to sell to municipalities at the same prices charged to the commonwealth, for the period covered by the contract, be forwarded to the Township in order that the Township may effectively use this new tool in reducing the costs of Township government.
(b) 
Purchasing of products and materials through the commonwealth bidding process; participation in contracts of the department of general services. The competitive bidding procedure required by this chapter shall be deemed satisfied if the Township purchases products and materials, through the competitive bidding process of the Commonwealth, as authorized by, and pursuant to the terms of, 71 P.S. Section 633, as amended. Council hereby authorizes the Township to participate in the purchase contracts of the Department of General Services of the Commonwealth, or its successor agency. The Township shall be bound by such terms and conditions as the Department of General Services may prescribe under the authority of Commonwealth statute and applicable regulations. The Township is responsible for payment directly to the vendor under each purchase contract.
[1974 Code Sec. 2-34; 1974 Code Sec. 2-35; 1974 Code Sec. 2-37; 1974 Code Sec. 2-38; 1974 Code Sec. 2-39]
(a) 
Consistency with charter. Financial procedures contained herein are consistent with the Home Rule Charter, Article VII.
(b) 
Fiscal year. The fiscal year shall be the calendar year.
(c) 
Establishment and reporting of programs. Programs shall be established and reported by the major department, function and activity for each fund, as appropriate.
(d) 
Interfund loans. The Council may, by resolution, transfer funds between any fund on an interfund basis. Any such interfund loan must be repaid within the same fiscal year or within six months of the following fiscal year. The term "fund," for this purpose, shall mean a fund whose revenues result from taxes specifically collected for the purpose of supporting a designated Township service or activity.
(e) 
System of accounts. The Council shall be responsible for formulating and adopting a recognized accounting system. The Council may adopt by ordinance the procedure and the system of accounts and reports required by the Commonwealth of Pennsylvania as suggested by the Department of Community Affairs for a township of the second class. The Township may further modify and supplement said system of accounts and reports as may be required by the Commonwealth of Pennsylvania. The ordinance shall include the requirements for the receipt, deposit and disbursement of all moneys due to or payable by the Township.
(f) 
Financial plan preparation. The Council, as a whole, shall prepare the Financial Plan.