[Ord. 1676, passed 6-3-1981; Ord. 2112, passed 4-6-1992; Ord. 2547, passed 6-18-2012]
(a) 
All contracts in excess of $500 shall be in writing. All contracts or purchases made by the Municipality involving the expenditure of over $10,000, except those mentioned in Article IX, Section 4, of the Municipal Charter, shall be in writing, and shall be made only after notice by the Manager, published in one newspaper of general circulation, published or circulating in the County in which the Municipality is situated, at least once not less than 10 days prior to the date fixed for the opening of bids and on the municipal website. All plans and specifications shall be on file at least 10 days in advance of opening bids. The amount of the contract shall in all cases, whether of straight sale price, conditional sale, bailment lease, or otherwise, be the entire amount which the Municipality pays to the successful bidder or his assigns in order to obtain the services or property, or both, and shall not be construed to mean only the amount which is paid to acquire title or to receive any other particular benefit of the whole bargain.
[Amended 12-17-2018 by Ord. No. 2018-2637]
(b) 
In every instance in which any contract for any public work, construction, materials, supplies or other matters or things for the Municipality is awarded upon competitive bids, it shall be the duty of the authorities authorizing the same to award such contract to the lowest responsible bidder. Any published notice for bids shall contain full plans and specifications, or refer to the places, where copies thereof can be obtained, and give the time and place of a public meeting of a committee of Council at which meeting bids are to be publicly opened and read, but the contract not awarded. If, through lack of a quorum or other reason, no meeting is held at such time and place, notice of the same kind shall be repeated once at least six days before the meeting of the subsequent time and place fixed, and the foregoing provisions as to bids shall apply. The same course shall be pursued until a meeting of a committee of Council is actually held for receiving and opening bids. At a subsequent meeting of Council, after the opening of the bids, the contract shall be awarded. Any contract made in violation of the provisions hereof shall be void. However, nothing herein contained shall prevent the making of contracts for governmental services for a period exceeding one year, but any contract so made shall be executory only for the amounts agreed to be paid for such services to be rendered in succeeding fiscal years, provided that if, prior to the letting of any contract, taxpayers of the Municipality, whose property valuation as assessed for taxable purposes within the Municipality amounts to 60% or more of the total property valuation as assessed for taxable purposes within the Municipality, sign and file, with the Clerk of Council, a written protest against such contemplated contract, then such contract shall not be let.
(c) 
The successful bidder, when advertising is required herein, shall be required to furnish bond with suitable reasonable requirements guaranteeing the performance of the contract, with sufficient surety, in the amount of 50% of the amount of the liability under the contract, within 20 days after the contract has been awarded. Upon failure to furnish such bond within such time the previous award shall be void. Deliveries, accomplishment and guarantees may be required in all cases of expenditures including exceptions herein.
(d) 
No contract or purchase in excess of $10,000, except those mentioned in Article IX, Section 4, of the Municipal Charter, shall be made except with and from the lowest responsible bidder after due publication. In awarding bids, Council may take into consideration such other factors as the availability, cost and quality of service. The limit of $10,000 may be increased by Council to the extent of the maximum permitted to any non-charter Municipality in the Commonwealth as that limit is from time to time established by the General Assembly.
[Ord. 2112, passed 4-6-1992]
No Councilman or Municipal employee shall evade the provisions of § 252.01 as to advertising for bids, by purchasing or contracting for services and personal properties piecemeal for the purpose of obtaining prices under $10,000, upon transactions, which transactions should, in the exercise of reasonable discretion and prudence, be conducted as one transaction amounting to more than $10,000. This provision is intended to make unlawful the evading of advertising requirements by making a series of purchases or contracts each for less than the advertising requirement price, or by making several simultaneous purchases or contracts, each below such price, when in either case the transactions involved should have been made as one transaction for one price. Any Councilman who so votes in violation of this provision, and who knows that the transaction upon which he so votes is or ought to be part of a larger transaction, and that it is being divided in order to evade the requirements as to advertising for bids, shall be jointly and severally subject to a surcharge for 10% of the full amount of the contract or purchase. Whenever it appears that a Councilman may have voted in violation of this section, but the purchase or contract on which he so voted was not approved by Council, this section shall be inapplicable.
[Ord. 2112, passed 4-6-1992]
It shall be the duty of the Municipality to require any person, copartnership, association or corporation entering into a contract with the Municipality for the construction, erection, installation, completion, alteration, repair of or addition to any public work or improvement of any kind where the amount of such contract is in excess of $10,000 before commencing work under such contract, to execute and deliver to the Municipality, in addition any other bond which may now or hereafter be required by law to be given in connection with such contract, an additional bond for the use of any and every person, copartnership, association or corporation interested, in a sum not less than 100% of the contract price, having as surety thereon one or more surety companies legally authorized to do business in the Commonwealth, conditioned on the prompt payment of all material furnished and labor supplied or performed in the prosecution of the work, whether or not such material or labor enter in and become component parts of the work or improvement contemplated. Such additional bond shall be deposited with and held by the Municipality for the use of any party interested therein. Every such additional bond shall provide that every person, copartnership, association or corporation who or which, whether as subcontractor or otherwise, has furnished material or supplied or performed labor in the prosecution of the work as above provided, and who or which has not been paid therefor, may sue in assumpsit on such additional bond, in the name of the Municipality, for his, their or its use, and prosecute the same to final judgment for such sum as may be justly due him, them or it, and have execution thereon, provided, however, that the Municipality shall not be liable for the payment of any costs or expense of any suit.
[Ord. 2112, passed 4-6-1992]
In the preparation of specifications for the erection or alteration of any public building, when the entire cost of such work exceeds $10,000, the architect, engineer or person preparing such specifications shall prepare separate specifications for the plumbing, heating, ventilating and electrical work, and the Municipality shall receive separate bids upon each of such branches of work and award the contract for the same to the lowest responsible bidder.
[Ord. 2037, passed 4-3-1989]
All contracts executed by the Municipality, 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 Workmen's Compensation Act of 1915, and any supplements or amendments thereto, and that the contractor will insure his liability thereunder, or file with the Municipality, a certificate of exemption from insurance from the Bureau of Workers' Compensation of the Department of Labor and Industry.
Every officer of the Municipality who signs, on behalf of the Municipality, any contract, requiring in its performance the employment of labor, shall require, before the contract is signed, proof that the contractor with whom the contract is made has accepted the Workmen's Compensation Act of 1915, and any supplements or amendments thereto, and proof that the contractor has insured his liability thereunder in accordance with the terms of the Act, or that the contractor has issued to him a certificate of exemption from insurance by the Bureau of Workers' Compensation of the Department of Labor and Industry.
[Ord. 1676, passed 6-3-1981]
(a) 
The specifications upon which contracts are entered into by the Municipality for the construction, alteration or repair of any public work or improvement may, at the option of the Municipality, contain the minimum wage which may be paid by the contractor or his subcontractors for the work performed by laborers and mechanics employed on such public work or improvement, and such laborers and mechanics shall in such cases be paid not less than such minimum wage.
(b) 
Every contract for the construction, alteration or repair of any public work or improvement founded on specifications containing any such stipulation for minimum wages shall stipulate a penalty of an amount equal to twice the difference between the minimum wage contained in such specifications and the wage actually paid to each laborer or mechanic for each day during which he has been employed at a wage less than that prescribed in such specifications.
(c) 
Every officer or person designated as an inspector of or having supervision over the work to be performed under any such contract, in order to aid in enforcing the fulfillment thereof, shall, upon observation or investigation, report to the Manager all violations of minimum wage stipulations, together with the name of each laborer or mechanic who has been paid a wage less than that prescribed by the specifications and the day or days of such violation.
(d) 
All such penalties shall be withheld and deducted for the use of the Municipality from any moneys due the contractor by the officer or person whose duty it is to authorize the payment of moneys due such contractor, whether the violation of the minimum wage stipulation of the specifications was by the contractor or by any of his subcontractors, provided that if any such contractor or subcontractor subsequently pays to all laborers and mechanics the balance of the amounts stipulated in such contract, the Municipality shall pay to the contractor the amounts so withheld as penalties.
[Ord. 1676, passed 6-3-1981]
Every contract for or on behalf of the Municipality for the construction, alteration or repair of any public building or public work shall contain provisions by which the contractor agrees that:
(a) 
In the hiring of employees for the performance of work under such contract or any subcontract thereunder, no contractor, subcontractor or person acting on behalf of such contractor or subcontractor shall, by reason of race, creed, color or sex, discriminate against any resident of the Commonwealth who is qualified and available to perform the work to which the employment relates;
(b) 
No contractor, subcontractor or person on his or her behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under his contract on account of race, creed, color or sex;
(c) 
There may be deducted from the amount payable to the contractor under such contract a penalty of $5 for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; and
(d) 
The contract may be cancelled or terminated by the Municipality and all money due or to become due thereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this portion of the contract.
[Ord. 2112, passed 4-6-1992]
(a) 
The Manager is hereby authorized to execute informal (letter) contracts for all purchases ranging in cost between $1 and $9,999 during any given fiscal year.
(b) 
The Municipal Clerk is hereby authorized to certify such informal (letter) contracts.
(c) 
Such informal (letter) contracts shall not be executed for any item known to have an aggregate cost for any given fiscal year which exceeds $9,999.
(d) 
Before he executes such informal (letter) contracts, the Manager shall satisfy himself that purchasing personnel have attained maximum competition.
(e) 
The Manager is hereby authorized to promulgate procedures and regulations which implement this policy.
(f) 
Written or telephonic price quotations from at least three qualified and responsible contractors shall be requested for all contracts that exceed $4,000, but are less than the amount requiring advertisement and competitive bidding. In lieu of price quotations, a memorandum shall be kept on file showing that fewer than three qualified contractors exist in the market area within which it is practicable to obtain quotations. A written record of telephonic price quotations shall be made and shall contain, but not be limited to, the date of the quotation, the name of the contractor and the contractor's representative, the construction, reconstruction, repair, maintenance or work which was the subject of the quotation, and the price. Written price quotations, written records of telephonic price quotations and memoranda shall be retained for a period of three years.
[Ord. 1676, passed 6-3-1981]
(a) 
All H.U.D. Federally assisted contracts by and between the Municipality and contractors for the purchase by the Municipality of goods and services shall contain the following clause: "The work to be performed under the contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development Act of 1968, as amended." Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of this project.
(b) 
Prior to signing the contract, the contractor shall supply the Municipality with a preliminary statement of work force needs, skilled and unskilled labor and trainees, by category, and the contractor shall also complete the necessary forms with regard to Section 3, attached to original. Resolution 77-1976, passed October 4, 1976, and made a part of this section by reference, which shall be included in the pre-bid contract package.
(c) 
The Municipality shall itself comply with the Section 3 policy by developing and maintaining source lists of community businesses in all solicitations of services and materials. Such list shall be kept substantially up-to-date and shall include new business enterprises as the occasion warrants. All other departments of the Municipality involved in the solicitation of services or material shall attempt to make use of the aforesaid mentioned list in all bid solicitations, and the Municipal Purchasing Agent shall utilize this list in securing bids for services and materials where Federal community development and other Federal moneys are involved. The Municipal Engineer, in preparing advertising and soliciting bids for construction projects such as sewer and water lines, shall utilize the list of community businesses.
(d) 
The policy provided for in this section shall be an officially adopted policy of the Municipality and the Department of Planning and Development shall develop, upon the approval of the Manager, the necessary administrative guidelines to implement this policy.
[Res. 53-1980, passed 7-2-1980]
There is hereby established a code of conduct to govern the performance of Municipal officers, employees or agents in the award and administration of contracts supported by Federal funds, as follows:
(a) 
No employee, officer or agent of the Municipality shall participate in the selection, award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.
(b) 
A conflict of interest obtains when the employee, officer or agent, any member of his or her immediate family, his or her partner, or any organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for the award.
(c) 
Officers, employees or agents of the Municipality shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors or parties to subagreements.
(d) 
Standards for disciplinary action for violations of the code of conduct set forth in this section by the grantee's officers, employees or agents, or by contractors or their agents, are established in Chapter 288.
[Ord. 1945, passed 11-10-1986]
The Manager, as the purchasing officer for the Municipality, is hereby authorized to approve changes in price on an awarded contract up to a cumulative $4,000. A change can be granted only after the Manager has received and reviewed written justification for the requested change from a department head, the Municipal Engineer or the Purchasing Office. Council shall be notified, in writing, of each change within three days of the approved change. Any requested change or cumulative changes in excess of $4,000 must be reviewed and approved by Council prior to the Manager's approval.
[Ord. 1945, passed 11-10-1986]
Following the award of a contract, if the Municipality is entitled to receive liquidated damages for a delay in performance or any other reason, there shall be no forgiveness of such damages without the approval of Council.
[Res. 98-127, passed 12-2-1998]
(a) 
There is hereby adopted in and for the Municipality the Guide to Policy and Procedures for Consultant Selection, a copy of which is attached to original Resolution 98-127, passed December 2, 1998, the terms and provisions of which are incorporated herein by reference as if set forth at length.
(b) 
By the adoption of said Policy and Procedures, the Municipality is authorized to select an engineering/consulting firm for professional services with regard to bridge or other engineering matters for which the Municipality wishes to utilize engineering/consulting services. The purpose of this section is to establish procedures for the selection of said engineering firm/consultant so that the Municipality may be eligible for reimbursement of Federal funds through the Pennsylvania Department of Transportation.
[Ord. 1943, passed 11-10-1986]
The Municipality hereby adopts the Purchasing Manual which is attached to original Ordinance 1943, passed November 10, 1986, and made a part of this section by reference, as the official purchasing regulations for the Municipality.
The purchasing procedures set forth in the Purchasing Manual shall not repeal or amend this chapter or Article IX of the Municipal Charter, but shall be used in conjunction with this chapter and Article IX of the Charter. If there is a conflict between the Purchasing Manual and the Charter or this chapter, the Charter and this chapter shall prevail.
[Ord. 1944, passed 11-10-1986]
(a) 
The Manager, as the purchasing officer for the Municipality, is hereby authorized to prepare an internal control procedure for all Municipal purchases. The procedure shall be in writing and shall include all categories of purchases. The procedure shall be submitted to Council for approval and shall be implemented by December 1, 1986.
(b) 
The written internal control procedure shall be submitted to Council annually in February for review, input and modification, if needed.
(c) 
The internal control procedure shall not repeal or amend this chapter, Article IX of the Municipal Charter or the Purchasing Manual provided for in § 252.15, but shall be used in conjunction with them. If there is a conflict between the internal control procedure and the Charter, this chapter or the Purchasing Manual, the Charter, this chapter and the Manual shall prevail.
[Ord. 2003, passed 7-5-1988]
(a) 
Prohibitions. The Municipality shall not enter into any contract which provides for the purchase of goods or services if the seller of such goods or services is delinquent in the Municipal mercantile or business privilege tax.
(b) 
Tax Verification. The Municipal Manager shall, within 30 days following enactment of this section (Ordinance 2003, passed July 5, 1988), provide for a method by which the payment or nonpayment of taxes shall be systematically verified in the ordinary course of business.
[Ord. 2005, passed 6-7-1988]
(a) 
Attached to each resolution, the purpose of which is to establish a contract in excess of the amount provided in § 252.01, shall be attached a statement of bidding history.
(b) 
The statement of bidding history shall contain, at a minimum, the following information:
(1) 
A copy of the bid notice which was published as required by law;
(2) 
The date of publication of such notice;
(3) 
The names and addresses of all persons who submitted bids;
(4) 
An itemized list of the amounts bid, which list is structured so as to facilitate comparison of the bids;
(5) 
The name of the current provider of the goods or services to which the contract relates; and
(6) 
A brief statement by an appropriate administrative official as to why the resolution should be passed in favor of the person so named in the resolution.
[Added 12-4-2017 by Ord. No. 2017-2605]
When procuring property and services under a federal award, the Municipality must follow the same policies and procedures it uses for procurements from its nonfederal funds. The Municipality will comply with 2 CFR 200.318, General procurement standards, through 2 CFR 200.326, Contract provisions.