Municipality of Bethel Park, PA
Allegheny County
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Table of Contents
Table of Contents
[Adopted 2-13-1978 by Ord. No. 2-13-78A]
As used in this ordinance, the following terms shall have the meanings indicated:
BEST RESPONSIBLE BIDDER — A responsible bidder who, in a competitive bidding situation, submits a bid which, as finally determined by the Municipal Council, is the best bid available in terms of price, product and/or service quality, adherence to specifications, timeliness of delivery, serviceability and maintenance and other factors that the Municipal Council may establish.
BOND — Any of the following: certified check, bank treasurer's check, cashier's check or bidder's bond drawn to the order of the Municipality of Bethel Park.
CHARTER — The Home Rule Charter of the Municipality of Bethel Park.
INVITATION TO BID — A request in writing stating the desired commodity, specifications, place to receive a copy, municipal regulations, requirements for bidders, whether bids shall be accepted electronically and the contract awarded via competitive electronic auction bidding, bond requirements and location and time for delivery of sealed bids, as well as opening of bids.
[Amended 2-11-2019 by Ord. No. 2-11-19]
SECURITY — Ten percent of the bid.
[Amended 3-10-1980 by Ord. No. 3-10-80B; 6-13-1983 by Ord. No. 6-13-83A; 3-13-1989 by Ord. No. 3-13-89A; 3-13-2000 by Ord. No. 3-13-00A; 12-9-2013 by Ord. No. 12-9-13B; 2-11-2019 by Ord. No. 2-11-19]
The contracts or purchases, except those hereinafter mentioned, made by the municipality in excess of the base amount of $20,100 shall be in writing and shall not be made except with and from the lowest responsible bidder, and invitations to bid thereon shall be published in one newspaper of general circulation within the municipality at least two times at intervals of not less than three days for daily newspapers of general circulation or, in the case of weekly newspapers of general circulation within the Municipality, published once a week for two successive weeks. The Municipal Manager shall inform the Municipal Council of any contracts or purchases to be made by the municipality involving expenditures between $5,000 and $20,100 or the base amount as adjusted in accordance with Section 4.2.1.a before authorizing such contracts or purchases.
Adjustment to the base amount specified in Section 4.2.1 at which competitive bidding is required shall be made annually by the Municipality on January 1 of each year to adhere to the "Final Adjusted Base Amount for Public Bids" which is published as part of the Pennsylvania Department of Labor and Industry's "Consumer Price Index Adjustment of Base Amounts on Bids" in the Pennsylvania Bulletin prior to January 1 of the calendar year.
The first advertisement shall be published not less than 10 days prior to the date fixed for the opening of bids.
Any published notice for bids shall contain full plans and specifications or shall refer to the place where copies therefor can be obtained and shall give the time and place of a public meeting where bids shall be publicly opened and read but the contract not awarded. If applicable, the notice shall state that bids shall be received by the Municipality electronically and that the contract shall be awarded via competitive electronic auction bidding.
In the preparation for the erection, construction or alteration of any public building, when the entire cost of the work shall exceed the bidding threshold specified in Section 4.2.1, the architect, engineer, or other person preparing the specifications may, if so requested by the Municipal Council, prepare separate specifications for the plumbing, heating, ventilating and electrical work. If Council directs the preparation of separate specifications, the Municipality shall solicit separate bids upon each of the branches of work and shall award the contract to the lowest responsible bidder for each of the branches. In the alternative, Council may elect to solicit bids from a single prime contractor for the erection, construction or alteration of a public building, in which case the Municipality shall award the contract to the lowest responsible bidder.
The bidder shall submit, along with the bid, a bid bond or deposit in an amount not less than 10% of the bid; failure to do so may be grounds for rejection of the bid.
The ten-percent bond or deposit will be returned to the successful bidder upon the signing of the contract and posting of a performance bond. The bidders bond or deposit will be returned to all unsuccessful bidders within 30 days after award of the contract.
The successful bidder shall be required to enter into a written contract with the municipality and to furnish a bond, acceptable to the municipality, with sufficient corporate surety authorized to do business in the Commonwealth of Pennsylvania, conditioned for the faithful and full performance of the contract in the amount of the contract prescribed by the bid specifications. In the case of contracts for a period covering one year or less, said performance bond shall be for the full amount of the contract In the case of multiple year contracts, said performance bond shall be equal to an amount determined by the Municipal Manager and stated in the bid specifications. In multiple years contracts, the required performance bond shall be equal to at least an amount covering one year of the contract. Furthermore, said bond shall be renewed for the following year at least 90 days from the expiration of the current year bond. Failure of the contractor to provide a renewed bond as specified above shall result in a fine being levied against the contractor for an amount equal to the sum total of 10% of the first year contract amount plus the costs of advertising for new bidders to complete the contract plus any costs for the new awarded contract which exceeds the amount left of the existing contract. Bond with surety must be furnished within 20 days from the date of award. The Municipality reserves the right to reject any bond furnished where it is to the best interest of the municipality to do so.
[Amended 2-10-1992 by Ord. No. 2-10-92A]
Every invitation for bids shall contain a notice informing all bidders that a noncollusion affidavit must be included in the bid package. A copy of the noncollusion affidavit set forth in Exhibit A and the instructions set forth in Exhibit B attached hereto and made a part hereof shall be supplied with any plans and specifications provided by the municipality to any prospective bidder.
[Added 4-13-1987 by Ord. No. 4-13-87A][1]
Editor's Note: Exhibit A and Exhibit B referenced above are on file in the Bethel Park Municipal Building.
Bid procedure.
[Amended 2-11-2019 by Ord. No. 2-11-19]
Bids will be received in one of the following two manners, at the discretion of the Municipality:
At 5100 West Library Avenue, Bethel Park, Pennsylvania, 15102, at the time designated in the invitation to bid; or
Where the Municipality determines that use of competitive electronic bidding is in the best interest of the Municipality, a contract for supplies or services, but not for construction or design professional services, may be entered into by competitive electronic auction bidding. Bids shall be accepted electronically at the time and in the manner designated in the invitation for bids. During the auction, each bidder shall have the capability to view their bid rank or the low bid price. Bidders may reduce their bid prices during the auction. At the conclusion of the auction, the record of the bid prices received and the name of each bidder shall be open to public inspection.
Any bidder may withdraw his bid at any time before the time set for opening of bids. A bidder to any construction contract for the construction, reconstruction, demolition, alteration or repair of any public building or other public improvement or for the provision of services to or lease of real or personal property whether by lease or concession from such contracting body, excepting highway work, may withdraw his bid from consideration after the bid opening without forfeiture of the certified check, bank cashier's check, surety bid bond or other security filed with the bid if the price bid was submitted in good faith, and the bidder submits credible evidence that the reason for the price bid being substantially lower was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional and substantial arithmetical error or an unintentional omission of a substantial quantity of work, labor, material or services made directly in the compilation of the bid; provided: (i) notice of a claim of the right to withdraw such bid is made in writing with the contracting body within two business days after the opening of bids; and (ii) the withdrawal of the bid would not result in the awarding of the contract on another bid of the same bidder, his partner, or to a corporation or business venture owned by or in which he has a substantial interest. No bidder who is permitted to withdraw a bid shall supply any material or labor to or perform any subcontract or other work agreement for any person to whom a contract or subcontract is awarded in the performance of the contract for which the withdrawn bid was submitted, without the written approval of the contracting body. Bids shall be awarded by written notice to the lowest responsible bidder within 30 days after bids have been opened unless extended by the Municipality when in the best interest of the Municipality.
Bid contract and other requirements.
The bidder is responsible for submitting a bid that will conform to all existing federal, commonwealth and municipal regulations. Attention is called specifically to the state requirement relative to licensing of corporations and regulation of partnerships and fictitious names.
The proposal and bidding schedule shall be furnished in duplicate one copy to be filled out, signed and submitted to the office of the Municipal Manager of the Municipality of Bethel Park in accordance with the appropriate specifications and one copy of the bid proposal to be retained by the bidder. Bid proposals must be submitted on official municipal forms.
Each proposal shall be clearly marked on the outside of an envelope as a sealed bid. The name of the item for which the bid is submitted also shall be indicated on the outside of the envelope.
All bidders must be recognized dealers in the materials or equipment specified and be qualified to advise in their application or use. A bidder, at any time requested, must satisfy the Municipal Manager and the Council that he has the requisite organization, capitol, plant, stock, ability and experience to satisfactorily execute the contract in accordance with the provisions of the contract in which he is interested.
All prices quoted shall be based upon delivery, after receipt of a formal purchase order issued by the Purchasing Officer, to any and all points within the limits of the Municipality of Bethel Park (unless otherwise specified) with all charges prepaid to any point of actual delivery.
All discounts offered must be for at least a period of 30 days to be considered in the awarding of contracts, and discount periods shall be from date of delivery, otherwise, bids should be net.
Price will be quoted without federal excise or transportation taxes or Commonwealth of Pennsylvania sales tax. Where or when the municipality is exempt from such taxes, an exemption certificate will be issued to cover the amount of such applicable federal and Commonwealth of Pennsylvania taxes.
All trade names, catalog numbers or bids "as per sample" offered on a bid shall meet the specifications. The decision of the Municipal Council or its Municipal Manager as to the quality of the items shall be final.
When requested, samples must be furnished free of expense, properly marked for identification and accompanied by list when there is more than one sample. The municipality reserves the right to mutilate or destroy any samples submitted whenever it may be to the best interest of the municipality to do so for the purpose of testing.
The unauthorized use of any patented article is done entirely at the risk of the bidder.
Only the latest model equipment, as evidenced by the manufacturer's current published literature, will be considered. Obsolete models of equipment not in production will not be acceptable. Equipment shall be composed of new parts and materials. In addition to the equipment specifically called for in the specifications, all equipment catalogued by the manufacturer as standard or required by the Pennsylvania Department of Revenue shall be furnished with the equipment. Where required by the Commonwealth of Pennsylvania Motor Vehicle Code, vehicles shall be inspected and bear the latest inspection sticker of the Pennsylvania Department of Revenue. All costs of inspection, transfer of license and other work necessary in the transfer of vehicles shall be borne by the successful bidder.
The successful bidder on motor vehicle equipment will be required to furnish, upon delivery of the vehicle, a written owner's service warranty and other appropriate brochures.
Prospective bidders are required to examine the location of the proposed work or delivery and determine, in their own way, the difficulties which are likely to be encountered in the prosecution of the same.
Unless otherwise specified and acceptable to the Municipal Manager, all materials, supplies or equipment quoted must be delivered within 30 days from the date of notification of award.
Submitting a proposal with the intention to sublet the contract without advising the municipality may be cause for rejection of bids or cancellation of the contract.
In case of error where extension of prices is requested, the unit price quoted shall prevail.
The successful bidder shall submit a name and telephone number of a person who can be reached in case of an emergency. Emergencies shall mean those which may affect the health, safety and welfare of the citizens of the municipality.
Each sealed bid shall contain a fully executed and notarized noncollusion affidavit in exactly the form set forth in Exhibit A attached hereto and made a part hereof. Any bid received without such fully executed noncollusion affidavit shall be rejected.
[Added 4-13-1987 by Ord. No. 4-13-87A][1]
Editor's Note: Exhibit A referenced above is on file in the Bethel Park Municipal Building.
Qualifications and disqualifications of bidders.
The municipality reserves the right to disqualify as a bidder any corporation, firm or individual who, for any cause, is in arrears to the municipality or who has failed in any former contract with the municipality to perform work satisfactorily, either as to the character of the work, the fulfillment of guaranty or the time consumed in completing the work.
Reasonable grounds for supposing that any bidder is interested in more than one proposal for the same item will be considered sufficient cause for rejection of all proposals in which he is interested.
Rejection: reservation of right to reject any and all bids.
The municipality reserves the right to reject any and all bids or quotations, to waive any minor discrepancies in the bids, quotations or specifications when deemed to be in the best interest of the municipality and also to purchase any part, all or none of the materials, supplies or equipment specified.
Any alterations, erasures, additions or omissions of required information or any change of specifications or bidding schedule is done at the risk of the bidder and may result in the rejection of his bid. In case of discrepancies or omissions or if the bidder is in doubt as to the meaning of specifications or bidding schedules, he should at once notify the Municipal Manager. Changes in specifications will be issued in official supplements, and copies will be sent simultaneously to any and all bidders.
The municipality reserves the right to reject any bid which includes materials, supplies or equipment that do not meet the specifications, even though the bidder lists the trade name or names of such materials on the bid or price quotation form.
Failure of the bidder to sign the bid or to have the signature of an authorized representative or agent on the bid proposal in the space provided will be cause for rejection of the bid. The signature must be written in ink. Typewritten or printed signatures are not acceptable.
Whenever the words "Municipal Manager" or the pronoun in place thereof occurs in the contract, articles of agreement or specifications, it is understood that the Municipal Manager is acting only under the authority of and subject to the approval of the Municipal Council.
No responsibility will attach to any municipal representative or employee for the premature opening of a bid not properly addressed and identified.
The estimated quantity given in the specification or advertisement is for the purpose of bidding only. The municipality may purchase more or less than the estimated quantity, and the bidder must not assume that such estimated quantity is part of the contract.
All materials, equipment and supplies shall be subject to rigid inspection under the immediate supervision of the Municipal Manager or his designee. If defective material, equipment or supplies are discovered, the contractor, upon being instructed by the Municipal Manager, shall remove or make good such material, equipment or supplies without extra compensation. The inspection of materials by the municipality will in no way lessen the responsibility of the contractor or release him from his obligation to perform and deliver to the municipality sound and satisfactory materials, equipment or supplies. The successful bidder shall pay the cost of all tests on defective material, equipment or supplies or allow the cost to be deducted from any moneys due him from the municipality.
Unless otherwise specified, the municipality reserves the right to solicit bids on each item separately or on a lump-sum basis with respect to a specific project, whichever method is to the best interest of the municipality.
If, at any time, the Municipal Manager shall be of the opinion that the contract or any part thereof is unnecessarily delayed or that the rate of progress or delivery is unsatisfactory or that the contractor is willfully violating any of the conditions or covenants of the agreement or is executing the same in bad faith, the Municipal Manager shall have the power to notify the aforesaid contractor of the nature of the complaint. Notification shall constitute delivery of notice, or letter, to address given in proposal. If after three working days of notification the conditions are not corrected to the satisfaction of the Municipal Manager, he shall thereupon have the power to take whatever action he may deem necessary to complete the work or delivery herein described, or any part hereof, and the expense thereof, so charged, shall be deducted from any paid by the municipality out of such moneys as may be due or any time thereafter may become due to said contractor under and by virtue of this agreement. In case such expense shall exceed the last said sum, then and in that event, the bondsman or the contractor, his executors, administrators, successors or assigns shall pay the amount of such excess to the municipality on notice by the Municipal Manager of the excess due.
The municipality reserves the right to participate with other governmental agencies for the purpose of bidding when it is in the best interest of the municipality, and such participation is understood to comply with the intent and requisites of the Charter and this ordinance with respect to competitive bidding.
The Municipal Manager from time to time upon the approval of the Solicitor may modify the noncollusion affidavit set forth in Exhibit A and the instructions based upon changes in the Antibid-Rigging Act or case law interpreting that act.
[Added 4-13-1987 by Ord. No. 4-13-87A][2]
Editor's Note: Exhibit A referenced above is on file in the Bethel Park Municipal Building.
Waivers and exceptions shall be those stated in Section 1304, Article 13, of the Charter:
Labor or services rendered by a municipal officer or employee in payment for services.
Contracts relating to the acquisition, sale or use of real property.
Contracts for professional or unique services.
Contracts for emergency repair of public works involving danger to the health and safety of the public or of the municipal employees.
Contracts with other governmental entities, authorities, agencies or political subdivisions.
Any ordinance or part of any ordinance conflicting with the provisions of this ordinance shall be and the same is hereby repealed to the extent of such conflict.