[Adopted 2-13-1978 by Ord. No. 2-13-78A]
4.1.1.
As used in this ordinance, the following terms shall have the meanings
indicated:
4.1.2.
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.
4.1.3.
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.
4.1.4.
CHARTER — The Home Rule Charter of the Municipality of Bethel
Park.
4.1.5.
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]
4.1.6.
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]
4.2.1.
The contracts or purchases, except those hereinafter mentioned, made
by the municipality in excess of the base amount of $21,900, as automatically
adjusted pursuant to Section 4.2.lA below, 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 $21,900 or the base amount as automatically
adjusted in accordance with Section 4.2.lA before authorizing such
contracts or purchases.
[Amended 3-14-2022 by Ord. No. 3-14-22A]
4.2.1A.
The base amount specified in Section 4.2.1 at which
competitive bidding is required shall automatically adjust, without
action by the Municipality, to adhere to the value of the “Final
Adjusted Base Amount for Public Bids,” as amended, 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.
[Amended 3-14-2022 by Ord. No. 3-14-22A]
4.2.2.
The first advertisement shall be published not less than 10 days
prior to the date fixed for the opening of bids.
4.2.3.
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.
4.2.4.
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.
4.3.1.
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.
4.3.2.
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.
4.3.3.
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]
4.3.4.
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]
[1]
Editor's Note: Exhibit A and Exhibit B referenced above are
on file in the Bethel Park Municipal Building.
4.4.1.
Bid procedure.
[Amended 2-11-2019 by Ord. No. 2-11-19]
1.
Bids will be received in one of the following two manners, at the
discretion of the Municipality:
a.
At 5100 West Library Avenue, Bethel Park, Pennsylvania, 15102, at
the time designated in the invitation to bid; or
b.
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.
2.
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.
4.4.2.
Bid contract and other requirements.
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
7.
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.
8.
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.
9.
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.
10.
The unauthorized use of any patented article is done entirely at
the risk of the bidder.
11.
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.
12.
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.
13.
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.
14.
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.
15.
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.
16.
In case of error where extension of prices is requested, the unit
price quoted shall prevail.
17.
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.
18.
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]
[1]
Editor's Note: Exhibit A referenced above is on file in the
Bethel Park Municipal Building.
4.4.3.
Qualifications and disqualifications of bidders.
1.
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.
2.
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.
3.
Rejection: reservation of right to reject any and all bids.
4.
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.
5.
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.
6.
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.
7.
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.
4.4.4.
Miscellaneous.
1.
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.
2.
No responsibility will attach to any municipal representative or
employee for the premature opening of a bid not properly addressed
and identified.
3.
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.
4.
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.
5.
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.
6.
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.
7.
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.
8.
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]
[2]
Editor's Note: Exhibit A referenced above is on file in the
Bethel Park Municipal Building.
4.5.1.
Waivers and exceptions shall be those stated in Section 1304, Article
13, of the Charter:
1.
Labor or services rendered by a municipal officer or employee in
payment for services.
2.
Contracts relating to the acquisition, sale or use of real property.
3.
Contracts for professional or unique services.
4.
Contracts for emergency repair of public works involving danger to
the health and safety of the public or of the municipal employees.
5.
Contracts with other governmental entities, authorities, agencies
or political subdivisions.
4.6.1.
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.
