[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.
[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:
(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.
