COUNTY of LEHIGH - Whitehall Township · 2018-12-20 · 33.0 Suspension of Work 15 34.0 Taxes 15 35.0 Termination 15 36.0 Withdrawal of Bid 15 PROPOSAL PAGES 16 – 17 SIGNATURE PAGE

RFP 19-01 CODES INSPECTOR/PLANS EXAMINER Page 1 of 24

“CODES INSPECTOR/PLANS EXAMINER FOR WHITEHALL TOWNSHIP”

RFP NO. 19-01

Michael P. Harakal, Jr. Mayor

John D. Meyers Deputy Mayor

LEE A. RACKUS BUREAU CHIEF OF

PLANNING, ZONING DEVELOPMENT

BUILDING CODE OFFICIAL

Mary Ann Miller, CPPO Purchasing Agent

December 2018

Whitehall Township 3218 MacArthur Rd. Whitehall, PA 18052

610-437-5524 610-437-6963 Fax

Specifications For

Revised 12/13/18 MM/mkd


TABLE OF CONTENTS

Page

COVER PAGE 1

TABLE OF CONTENTS 2 – 3

NOTICE TO BIDDERS 4

INFORMATION & CONDITIONS

1.0 Purpose 5

2.0 Schedule of Events 5

3.0 Pre-Proposal Meeting 5

4.0 Contract Period 5

5.0 Minimum Qualifications 5 – 6

6.0 Scope of Services to be Provided 6 – 8

7.0 After-Hour Inspections 8

8.0 Equipment/Personnel 8 – 9

9.0 Reimbursement/Reporting 9

10.0 Severability 9

11.0 Waivers 10

12.0 Termination of Contract 10

13.0 Submission Requirements 10

INSTRUCTIONS TO BIDDERS

14.0 Award Criteria 11

15.0 Bid Preparation 11

16.0 Bidder Eligibility 11

17.0 Bids Binding 60 Days 11

18.0 Clarification of Instructions 11

19.0 Contract Change 12

20.0 Control of Work 12

21.0 Equal Employment 12

22.0 Exceptions 12

23.0 Indemnification 12 – 13

24.0 Insurance 13 – 14

25.0 No Bid Reply Form 14


26.0 Observance of Laws 14

27.0 Performance 14

28.0 Permits and Licenses 14

29.0 Public Information and Sunshine Laws Request 14

30.0 Safety 14

31.0 Skilled Laborers 15

32.0 Sub-Contractors 15

33.0 Suspension of Work 15

34.0 Taxes 15

35.0 Termination 15

36.0 Withdrawal of Bid 15

PROPOSAL PAGES 16 – 17

SIGNATURE PAGE 18

REFERENCE FORM 19

NO BID REPLY FORM 20

CONTRACT 21 – 24

Your Bid package must include:

• Proposal Pages

• Signature Page

• Reference Form

• A statement acceptable to the Township that the Bidder has been regularly and actively engaged in inspections of all structures regulated under the Uniform Construction Code.

• Certification by Pennsylvania Department of Labor and Industry as a “Third Party Inspection Agency”, and as well, evidence of individual qualifications as stated under minimum qualifications in the detailed specifications.

• Detailed information regarding ability to provide after-hour and emergency inspections.

DIRECT INQUIRIES TO:

▪ TECHNICAL QUESTIONS - LEE RACKUS 610-437-5524 EXT. 134 ▪ BIDDING PROCEDURES - MARY ANN MILLER, CPPO 610-437-5524 EXT. 136


NOTICE TO BIDDERS

The Township of Whitehall is soliciting Requests for Proposals for:

RFP No. 19-01 “CODES INSPECTOR/PLANS EXAMINER FOR WHITEHALL TOWNSHIP”.

Sealed Proposals will be accepted on or before, Wednesday, January 23, 2019, 3:00 p.m. Proposals will

be publicly opened and read aloud, Thursday, January 24, 2019, 3:00 p.m. at the Whitehall Township

Municipal Building, 3218 MacArthur Road, Whitehall, PA 18052.

A Pre-Proposal meeting will be held at the Whitehall Township Municipal Building, on Thursday, January 10, 2019 at 11:00 a.m.

The position requires a qualified Code Official, Plans Examiner and Inspector to perform duties pursuant to the PA Uniform Construction Code (Uniform Const. Code) and Whitehall Township Ordinances. Minimum qualifications for this position: Certification from Pennsylvania Department of Labor and Industry in the following categories: Building Inspector, Electrical Inspector, Mechanical Inspector, Plumbing Inspector, Energy Inspector, Building Plans Examiner, Electrical Plans Examiner, Mechanical Plans Examiner, Plumbing Plans Examiner, Energy Plans Examiner, Building Code Official, Accessibility Plans Examiner, Accessibility Inspector and certification with the State of Pennsylvania as a third party inspection agency. Bid documents can be obtained at the Municipal Building or call 610-437-5524. They are also

available online: www.whitehalltownship.org, under administration, then purchasing tab.

MARY ANN MILLER, CPPO Purchasing Agent

MM/mkd Whitehall-Coplay Press 12/20/18 & 12/27/18 cc: Board of Commissioners Michael P. Harakal, Jr., Mayor

John D. Meyers, Deputy Mayor Lee Rackus, Bureau Chief of Planning, Zoning and Development Debi Bowman, Finance Officer

Diane Lindeman, Accounts Payable Clerk Lobby Bulletin Board File


INFORMATION & CONDITIONS

1.0 PURPOSE:

1.1 The purpose of this solicitation is to secure the services of a qualified Code Official, Plans Examiner

and Inspector to perform duties pursuant to the PA Uniform Construction Code (Uniform Const. Code) and Whitehall Township Ordinances amending same.

1.2 Prior to awarding this Contract, Bidders may be requested to provide a presentation of their Proposal to Township staff.

2.0 SCHEDULE OF EVENTS:

2.1 The proposed schedule for Proposal processing, selection, negotiation and contract initiation is as follows:

2.1.1 Issue Advertisement December 20 and December 27, 2018 2.1.2 Pre-Bid Meeting January 10, 2019 @ 11:00 a.m. 2.1.3 Last Day for Written Questions January 15, 2019 2.1.4 Bids due January 23, 2019 @ 3:00 p.m. 2.1.5 Bids Opened January 24, 2019 @ 3:00 p.m. 2.1.6 Board Approval/Award Date February 11, 2019 2.1.7 Estimated Contract Start Date April 1, 2019

3.0 PRE-PROPOSAL MEETING:

3.1 A Pre-Proposal meeting will be held at the Whitehall Township Municipal Building as stated in the

Notice to Bidders. Attendees should review bid specifications prior to the Proposal meeting. 3.2 All questions shall be submitted in writing within FIVE (5) day after the Pre-Proposal meeting.

4.0 CONTRACT PERIOD:

4.1 The contract shall be for a period of one (1) year from the date of final executed contact. 4.2 Whitehall Township reserves the right to extend the contract period for two (2) additional one (1) year

terms, provided the contractor agrees to hold the prevailing prices. Said renewal(s) shall be confirmed in writing, between the parties.

5.0 MINIMUM QUALIFICATIONS:

5.1 Third Party Certification from PA Department of Labor & Industry, pursuant to PA Uniform Const. Code, Uniform Construction Code, and all amendments thereto, as well as Certification in all of the individual categories as identified in §401.7 of the UCC and as listed below:

• Electrical

1. Electrical Inspector 2. Electrical Plans Examiner 3. Accepted as Pennsylvania Power & Light Inspector

• Energy

1. Energy Inspector 2. Energy Plans Examiner

• Building

1. Building Inspector 2. Building Plans Examiner


• Mechanical

1. Mechanical Inspector 2. Mechanical Plans Examiner

• Plumbing

1. Plumbing Inspector 2. Plumbing Plans Examiner 3. (Preferred) Master Plumber License from Pennsylvania First Class Township or City

• Accessibility

1. Accessibility Inspector/Plans Examiner

• Building Code Official

1. Building Code Official

5.2 In addition to minimum qualifications above, successful applicant must also be certified for manufactured housing inspection in accordance with the provisions of the PA Manufactured Housing Improvement Act., Act 158 of 2004, and maintain current certifications pursuant thereto.

6.0 SCOPE OF SERVICES TO BE PROVIDED:

6.1 The Contractor shall ensure that all construction complies with all provisions of the Pennsylvania Uniform Construction Code (UCC), as well as all Whitehall Township amendments thereto. The Contractor shall be responsible for and capable of inspection and performing of plan reviews and determining compliance with all matters governed by the applicable code(s). The Contractor shall be capable of also performing, when requested, Property Maintenance Code Inspections, and able to supplement needs of the Bureau of Development for Inspections.

6.2 Contractor may be designated as the Building Code Official for Whitehall Township, at the discretion of

the Township, and will, thereafter, be required to assume all responsibilities that this designation assigns.

6.3 The Contractor shall be responsible for the review and recommended issuance/denial of all applications

for permit or plan review; including fee assessment, for review of all permits and certificates of occupancy issued; for providing guidance regarding applicable codes, for assistance to the Whitehall Township Building Code Board of Appeals as needed; for issuing correspondence; for issuing stop work orders and citations as necessary; for interpreting codes in the field; and authorizing acceptable alternative methods of code compliance within limits of authority; for providing oral and/or written testimony for enforcement proceedings as necessary; for follow up on outstanding permits, notices and orders.

6.4 The Contractor shall be capable of receiving and returning telephone calls and messages at all times

during normal work hours regarding inspections, permit issuance status, plan review status and violation status and shall be responsible for scheduling inspections, re-inspections, and follow up for violations, unless otherwise directed by the Township. All calls must be returned on timely basis, or within 48 hours, whichever is sooner, and all requests for inspections must be honored pursuant to the requirements of the UCC and Whitehall Township Ordinances. Contractor shall be capable of providing all secretarial and/or support staff services as necessary to effectively carry out the duties of this contract, unless otherwise approved by the Township. Contractor shall maintain daily inspection reports, and forward same no later than the next business day following the inspection. The Contractor shall be responsible for tracking all items submitted, permits issued, as well as status of all inspections.

6.5 The Contractor shall be obligated to keep current with codes and pursue the necessary certification and

to suggest necessary and appropriate amendments to the adopted codes as may be preferred, subject to the Township Board of Commissioners and PA Department of Labor and Industry final approval and adoption.


6.6 The Contractor must provide inspections pursuant to the minimum standards set forth in the UCC, as

well as any Whitehall Township amendments thereto. Furthermore, no request for inspection shall be delayed beyond a period of 48 hours from said request. Contractor shall spend at least 4.5 hours a week in the Municipal Office and be available for meetings or inquiries from property owners and/or residents, unless otherwise approved by the Township.

6.7 The Contractor, in addition to performing necessary inspections and plan reviews, will be required to

enforce all aspects of the Code including, but not limited to, preparation of and issuance of citations, and court appearances as may be necessary.

6.8 The Contractor will be expected to provide necessary inspections and investigations regarding

complaints, and investigate possible code violations, including referrals to and from other township inspection/codes enforcement personnel. Inspections of Township –owned facilities will be expected as an in-kind service on a regular and/or as-needed basis.

6.9 The Contractor shall be considered as a representative of the Township (although not an employee),

and shall be expected, as well as any temporary, replacement or support staff, to conduct themselves in a professional manner regardless of circumstances or conditions.

6.10 The Contractor shall perform all field inspections and make such notes, observations, photographs, and

compile documentation as may be reasonably necessary and appropriate in the performance of their duties. In addition, all applicants for plan review or permit shall be notified in writing, and the Township copied, of approval or denial. All plans or applications for plan review shall be returned to the Township, or a copy of the written letter regarding the status of same, no later than two weeks from original date of submission.

6.11 In the event that violations are found which the owners or occupants of a property refuse to correct, or if

formal enforcement is required, the Contractor shall prepare such notices of violation or citations as may be appropriate.

6.12 Contractor shall advise the Building Code Official or the Township of the status of any conflicts, and

shall NOT advise ANY applicant for plan review, permit or inspection, that relief from any requirement of the UCC or local amendments thereto may be given by the Building Code Official. Contractor will be required to make all code determinations and advise the Building Code Official of same.

6.13 The Contractor agrees that they will make themselves available at such reasonable times as may be

necessary for appearances as a witness or to authenticate reports or review records for the Building Code Board of Appeals of Whitehall Township, before the District Justice having jurisdiction, or before the Lehigh County Court of Common Pleas, state or federal judicial bodies having jurisdiction over Whitehall Township.

6.14 The Contractor shall be capable of performing “after hours” inspections. For the purposes of this

contract, “after hours” shall mean after 4:30 p.m. and before 7:00 a.m. Monday-Friday or any weekend or Township holidays. Rate information regarding such inspections must be submitted and approved by the Township. In addition to said after hour’s inspections, contractor shall submit information as needed for emergency inspections, subsequent to a disaster, fire, flood or other catastrophic event so that Township personnel and emergency authorities have access to the inspector as needed in such an instance, on an emergency, 24-hour basis.

6.15 The Contractor shall maintain accurate record of fees due, and shall NOT perform inspections, re-

inspections, sign off on any permit, certificate of occupancy – temporary or final; nor perform any other services unless and until all outstanding fees have been paid. It will be the contractor’s responsibility to track the status of the fees, not the Township.

6.16 It shall be noted that the duties listed herein are intended only as illustrations of the various types of

work that may be performed. The omission of specific statements of duties does not exclude them from the scope of services to be provided if the work is similar, related or a logical assignment to the position.


6.17 If contractor maintains a web-site, link to the Whitehall Township website will be expected, and

utilization of the Whitehall Township permit forms will be required, unless otherwise approved by the Township. As well, contractor information will be added to the official Whitehall Township Website, and a link to the contractor’s site will be established.

6.18 Contractor will assist the Township with any right to know requests that are filed with the Township

pursuant to the Right to Know Law, by providing appropriate records and information as may be necessary free of charge to the Township. Electronic sharing of information will be strongly encouraged.

6.19 Contractor, and any appropriate personnel, if successful bidder, will be issued identification badges by

the Township as well as access badges to the municipal building. Contractor will be expected to honor all rules and regulations of same.

6.20 Contractor will be required to perform inspections on commercial or industrial structures offered for sale

or lease, pursuant to the provisions of the Whitehall Township Property Maintenance Code. Contractor may also be asked to perform said resale inspections on residential properties as needed.

6.21 Contractor shall provide necessary monitoring and take an active role in enforcement and abatement of any observed violations of any codes in the field. Field inspectors are expected to document all such violations and report to the Township. Violations of construction codes must be addressed by direct field contact at time if observance and followed up on with written notice.

6.22 Contractor shall at all times provide continuous follow-up on all outstanding permits and notices of violation. Follow–up shall include notices of past due inspections and/or fees as well as timely resolution of all notices of violation. No permit shall lie dormant without Township approval for a period exceeding 180 days (6 months).

6.23 Contractor may be required, at times of in-house staff emergencies, to provide additional inspection services.

6.24 Contractor shall be capable of generating detailed monthly reports of all permit activity, which shall itemize, at minimum, all permits issued for the month, type of permit issued, value of improvement, location of work, date of issuance, date of completion/occupancy, as well as fees paid, and PA UCC amounts paid.

6.25 Contractor shall be familiar with the floodplain laws of Pennsylvania and Whitehall Township and be

capable of inspecting all construction within the limits of any flood plain areas pursuant to state, local and federal regulations.

6.26 Contractor, as well as all staff, maybe sworn in by Township as Official Code Enforcement Officers of

the Township.

7.0 AFTER-HOUR INSPECTIONS:

The Contractor may be requested to perform after hour inspections. (See Scope of services to be provided.) For this situation to occur, the customer would be required to submit a request for inspection in writing to the Township. If the Township authorizes the inspection, the Township would then notify the Contractor of said inspection. No after-hours inspections are permitted without consent of the Township, except in emergency situations. Emergency inspections may be requested by the Township in the case of fire, disaster or catastrophic event.

8.0 EQUIPMENT/PERSONNEL:

8.1 The Contractor shall possess a valid PA Driver’s License and provide vehicle, as well as all equipment necessary for performing all duties as required under this contract.

8.2 The Contractor shall possess ability to communicate with the Township while in the field.


8.3 No subcontracting will be permitted without prior authorization from the Township.

8.4 IF successful bidder is a company, a list of all inspectors and their qualifications must be submitted to

the Township for approval, and all individuals must meet the certification requirements listed herein. This list must be kept current, and if staff changes, all changes must be submitted to the Township within 48 hours of same.

8.5 Prior to Award, the successful Bidder shall provide their policy on Background Checks on their

employees.

8.6 All office personnel and staff shall be capable of answering questions regarding services being provided by the Contractor. This will include ability to schedule inspections, answer questions regarding submission status, plan review status and any other information pertaining to services that the contractor provides to the Township. No calls shall be referred to Township for response without prior approval/notification by/to the Township.

8.7 It is the intent of the Township to require that Contractor provide services for ALL business days of the

Township. It will not be acceptable, unless otherwise approved by the Township, for contractor to be unavailable for any service on any business day of the Township.

9.0 REIMBURSEMENT/REPORTING:

9.1 A minimum of seventy five percent (75%) of all fees collected shall be retained by the Contractor, and twenty-five percent (25%) shall be retained by the Township. A separate permit fee shall also be assessed to all permits which shall be retained by the Township. In addition, the Township shall retain the Pennsylvania Act 13 Surcharge for remittance to the State Department of Community and Economic Development. Contractor will be required to submit, with every document returned to the Township, a detailed invoice for each job outlining all fees due for each service. Said invoice shall be in a form acceptable to the Township.

9.2 Bidders shall submit a schedule of fees to the Township for review and approval. Rates for each

service provided shall be broken out individually.

9.3 Contractor shall submit payment each bi-weekly pay period, or as otherwise agreed to by the Township. Failure of the Contractor to submit for payment on a timely basis will force a delay in payment.

9.4 Contractor may be required to submit a monthly report to the Township detailing all permit and plan

review status; outstanding permits, permits issued, plans reviewed, and number of inspections performed, as well as any violation notices or citations issued. This report shall be submitted no later than the 10th day of the following month. In addition, contractor shall be capable of generating detailed monthly reports of all permit activity, which shall itemize, at minimum, all permits issued for the month, type of permit issued, value of improvement, location of work, date of issuance, date of completion/occupancy, as well as fees paid, and PA UCC amounts paid. Contractor and applicant information shall also be included.

9.5 Daily reports of inspections approved /denied shall be faxed to the Development Office no later than

4:00 p.m. each business day.

9.6 Weekly reports of all plans submitted, detailing the submission date, location of proposed work, name of business and/or property owner, and type of work to be performed, shall be submitted to the Township by 10:00 am on the first business day of each week.

10.0 SEVERABILITY:

10.1 If any provision of this Agreement, or any portion thereof, is held to be unconstitutional, invalid,

unenforceable, or unlawful by any court of competent jurisdiction, the remainder of this agreement shall not be affected and shall remain in full force and effect as if that provision had not been drafted in the Contract.


11.0 WAIVERS:

11.1 No term or provision of this Agreement shall be deemed to have been waived by either party unless

such waiver is in writing and signed by both parties.

12.0 TERMINATION OF CONTRACT:

12.1 This contract may be terminated, immediately, upon written notice to the Contractor in the event that the Contractor:

12.1.1 Commits or conspires to commit a criminal act.

12.1.2 Engages in conduct involving dishonesty, fraud, deceit, or misrepresentation.

12.1.3 States or implies an ability to influence improperly a Township Agency or Official.

12.1.4 The Contractor or any of their staff engages in obdurate, contemptuous, abusive or uncivil

conduct when dealing with the general public; or does not perform or unsatisfactorily

performs the Contract; payment shall be withheld at the discretion of the Township. The

Contractor shall be given five (5) days to cure any defective performance or breach of

contract. In the event that such default is not cured, Township may terminate the contract

unilaterally and make such adjustments as may be necessary to compensate the Township

for breach. Failure on the part of the Contractor to fulfill contractual obligations shall be

considered just cause for termination of the Contract.

13.0 SUBMISSION REQUIREMENTS:

13.1 Your Bid package must include the following. Failure to submit the information shall render a Bidder’s Proposal Non-Responsive.

13.1.1 Three (3) satisfactory references of similar contracts, including the names and phone

numbers of contact persons for each. Use the reference form included in these bid

documents.

13.1.2 A statement acceptable to the Township that the Bidder has been regularly and actively

engaged in inspections of all structures regulated under the Uniform Construction Code.

13.1.3 Certification by Pennsylvania Department of Labor and Industry as a “Third Party Inspection

Agency”, and as well, evidence of individual qualifications as stated under minimum

qualification in the detailed specifications.

13.1.4 Detailed information regarding ability to provide after-hour and emergency inspections.

13.1.5 Proposal pages

13.1.6 Signature page


INSTRUCTIONS TO BIDDERS 14.0 AWARD CRITERIA:

14.1 Whitehall Township will evaluate each written proposal, determine whether oral discussions are necessary, then based on the content of the written proposal and oral discussion, select the firm best qualified for the assignment and which is most advantageous to the Township, cost and all other factors considered.

14.2 The Township of Whitehall reserves the right to reject any or all respondents.

14.3 In determining the lowest responsible bids, consideration may be given to the following factors:

14.3.1 Ability, capacity and skill of the bidder to comply with the specifications and perform the work required by the contract.

14.3.2 Character, integrity, reputation, judgment, experience and efficiency of the bidder. 14.3.3 Ability of the bidder to perform the work within the time specified for each project. 14.3.4 Previous and current compliance of the bidder with laws and regulations relating to the work. 14.3.5 Any other information deemed relevant to the contract by Whitehall Township.

14.4 Any firm who has demonstrated poor performance during either a current or previous agreement with the Township may be considered as an unqualified source and their proposal may be rejected. The Township reserves the right to exercise this option as is deemed proper and/or necessary.

15.0 BID PREPARATION:

15.1 Bid proposals must be written in ink or typewritten and shall be submitted on the forms issued. Unsigned bids will not be accepted. No bid may be considered if received after the time shown in Notice to Bidders. Contractors are expected to examine all instructions, specifications, drawings, sites, installations, etc. Failure to do so will be at the Contractor’s risk. Erasures or other changes must be initialed by the person signing the bid.

15.2 ALL BID PROPOSALS SHALL BE SUBMITTED TO THE TOWNSHIP OF WHITEHALL, 3218 MacArthur ROAD, WHITEHALL, PA 18052, IN A SEALED ENVELOPE WITH THE “BID NAME” AND “NUMBER” PROMINENTLY MARKED ON THE OUTSIDE OF THE ENVELOPE.

16.0 BIDDER ELIGIBILITY:

16.1 Bids will only be accepted from manufacturers, authorized distributors, dealers or Contractors who are actively engaged in the sale, manufacture or type of construction of the item(s) called for in the bid.

16.2 In order to aid the Township in determining the responsibility of any bidder, the Township may require the bidder to submit evidence of the Bidder’s experience and familiarity with the work as called for in the Specifications.

16.3 No proposal will be accepted from or contract awarded to any person, firm or corporation that is in arrears or is in default to the Township upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to said Township or had failed to perform faithfully any previous contract with the Township.

17.0 BIDS BINDING 60 DAYS:

17.1 Unless otherwise specified all formal bids submitted shall be binding for sixty (60) calendar days following bid opening date.

18.0 CLARIFICATION OF INSTRUCTIONS:

18.1 Should a prospective bidder find a discrepancy in, or omission in, the Specifications or Instructions to Bidders, or should be in doubt as to the meaning of any term contained therein, he/she shall notify in writing the Purchasing Agent of the Township who will clarify any discrepancies by sending written instructions to all bidders. The envelope containing written request for clarification should be clearly marked (hand written) with the words “CLARIFICATION” and the bid name.


19.0 CONTRACT CHANGE:

19.1 Contract time for this project shall be as delineated in the Scope of Work of these specifications. Any extensions for, or reductions to that time shall be by written change order only. Such extensions or reductions must be requested by the Contractor in writing and MUST be approved by the Township.

20.0 CONTROL OF WORK:

20.1 The sequence of the work to be done shall be at the direction of the Township Agents or representative. He may specify the work sequence to obtain the best results and to protect the Township’s interest. The Contractor shall promptly comply with instructions from the Township.

20.2 On all questions relating to quantities, the acceptability of materials, equipment, or work, the execution, progress or sequence of work and the interpretation of specifications, the decision of the Township Agents is final and binding and shall be precedent to any payment under the contract.

20.3 All work and material are subject to the inspection and approval of the Township. Any work done without proper inspection will be subject to rejection. Inspection of the work shall not relieve the Contractor of the obligation to fulfill all conditions of the contract.

21.0 EQUAL EMPLOYMENT:

21.1 The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age or national origin. The contractor will take affirmative action to ensure that applicants are employed without regard to their race, color, religion, sex, age or national origin.

21.2 Contractors will take steps to insure employees are treated during employment without regard to their race, color, religion, sex, age or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. All bidders shall comply with DER Nondiscrimination Clause.

21.3 The contractor shall comply with all provisions of the Americans and Disabilities Act P.L. 101-336 (1890) and shall hereby aver that it will not discriminate against any employee or applicant for employment because of disability.

22.0 EXCEPTIONS:

22.1 Any exceptions to terms, conditions, or other requirements in the bid specifications must be clearly pointed out in the offeror's bid. Otherwise, the Township will consider that all items offered are in strict compliance with the bid specifications, and the successful proposer will be responsible for compliance.

23.0 INDEMNIFICATION:

23.1 The Contractor shall assume all risks and responsibilities for casualties of every description in connection with the work, except that he shall not be held liable or responsible for delays or damage to the work caused by acts of God, acts of Public enemy, acts of Government, quarantine restrictions, general strikes throughout the trade, or by freight embargoes not caused or participated in by the Contractor. The Contractor shall have charge and control of the entire work until completion and acceptance of the same by the Township.

23.2 The Contractor shall alone be liable and responsible for, and shall pay, any and all loss or damage sustained by any person or party either during the performance or subsequent to the completion of the work under this agreement, by reason of injuries to persons and damage to property, buildings and adjacent work, that may occur either during the performance of the work covered by this contract or that may be sustained as a result of or in consequence thereof, irrespective of whether or not such injury or damage be due to negligence or the inherent nature of the work.

23.3 The Contractor shall bear all losses resulting from the amount or character of the work being different, or because the nature of the premises on which the work is done is different from what was expected, or on account of the weather, or similar other causes; and he shall assume the defense of and indemnify and hold harmless the Township, its officers and agents, and employees from and against any and all claims, demands, actions, suits, and proceedings by others and against all liability, both


negligent and non-negligent, arising directly or indirectly out of the actions of the Contractor in his performance of his contract.

24.0 INSURANCE:

24.1 The selected firm shall, at its sole cost and expense, procure and maintain in full force and effect covering the performance of the services rendered under this agreement, insurance in the types and limits specified below. In addition to the insurance coverage and limits listed herein, the selected firm shall obtain any other insurance coverage as may be required by law.

24.1.1 General Liability Insurance:

24.1.1.1 Limits of Liability: $1,000,000 in the aggregate and per occurrence.

24.1.1.2 Coverage: Premise operations, blanket contractual liability, personal injury liability (employee exclusion deleted), products and completed operations, independent contractors, employees and volunteers as additional insureds, joint liability, and broad form property damage (including completed operations).

24.1.2 Workers' Compensation and Employers' Liability Insurance:

24.1.2.1 Limits of Liability: Workers' Compensation - Statutory Limits. Employers' Liability - Statutory Limits.

24.1.2.2 Other States' coverage and Pennsylvania endorsement.

24.1.3 Automobile Liability:

24.1.3.1 Limit of Liability: $1,000,000 per occurrence combined single limit for bodily injury (including death) and property damage liability.

24.1.3.2 Coverage: Owner, non-owned and hired vehicles.

24.1.4 Professional Liability Insurance:

24.1.4.1 Limit of Liability: $1,000,000 by claim and $2,000,000 in the aggregate.

24.1.4.2 Coverage for occurrences happening during the performance of services required under this agreement shall be maintained in full force and effect under the policy. The policy shall include a "tail coverage" if a one (1) or two (2) year period of exposure exists.

24.2 All insurance provided for in this section shall be obtained under valid and enforceable policies issued by insurers of recognized responsibility which are licensed to do business in the Commonwealth of Pennsylvania. The township requires that Certificates of Insurance evidencing the existence of such insurance shall be submitted to the Township at least 10 calendar days before work is begun. If the term of this contract coincides with the term of the selected firm's insurance coverage, a Certificate from the expiring policy will be accepted, but a Certificate evidencing renewed coverage of a new policy must be presented to the Township no later than 30 days after the effective date of the policy.

24.3 With the exception of the Professional Liability Insurance Policy and Automobile Insurance Policy, each policy and Certificate of Insurance shall contain an endorsement naming the Township as additional insured party thereunder; and a provision that at least 30 calendar days prior written notice be given to the County in the event coverage is canceled or non-renewed or coverage reduced.

24.4 If the selected firm desires to self insure any or all of the coverages listed in this section, it shall provide to the Township documentation that such self insurance has received all the approvals required by law or regulations, as well as the most recent audited financial statement of the selected firm's insurance. Any coverage which is self insured shall provide the same coverage limits and benefits as the coverages listed in this section.


24.5 The Township reserves the right to review categories and levels of insurance coverage held by the selected firm in an ongoing program of risk management. The selected firm will be notified, in writing, of coverage requirements as determined by this review and the firm agrees to secure such requested coverage.

24.6 If the selected firm fails to obtain or maintain the required insurance, the Township shall have the right to treat such failure as a material breach of the contract and to exercise all appropriate rights and remedies.

24.7 The selected firm shall include all subcontractors as insureds under its policies or shall furnish separate Certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated in this agreement.

25.0 NO BID REPLY FORM:

25.1 Contractors who will not bid this proposal must complete “No Bid Reply Form” and return to: WHITEHALL TOWNSHIP, Purchasing Department, 3218 MacArthur Road, Whitehall, PA 18052.

26.0 OBSERVANCE OF LAWS:

26.1 The Contractor at all times shall observe and comply with all Federal, State and City laws, bylaws, ordinances and regulations in any manner affecting the conduct of the work or applying to employees on the Project, as well as all orders or decrees which have been promulgated or enacted, by an legal bodies or tribunals having authority or jurisdiction over the work, materials, employees or Contract.

27.0 PERFORMANCE:

27.1 In case of default by the Contractor, the Township may procure the commodity or services from other sources and hold the Contractor responsible for any excess costs occasioned thereby.

28.0 PERMITS AND LICENSES:

28.1 The Contractor is responsible for obtaining all necessary permits and licenses required to execute and complete the project.

28.2 The Township shall waive ONLY the permit fees. 28.3 All prices quoted shall be guaranteed at least throughout the contract term.

29.0 PUBLIC INFORMATION AND SUNSHINE LAWS REQUESTS:

29.1 Under Pennsylvania’s “Right to Know” laws, (65 P.L. 390, sec. 66.1, 66.2, 66.3, 21 June 1857), the public is provided access, at any reasonable time, to “any … contract dealing with the receipt or disbursement of funds by an agency or its acquisition, use or disposal of services or of supplies, material, equipment or other property…”. The public is to have access to these public records to “have the right to take extracts or make copies of public records and to make photographs or Photostats of the same while such records are in the possession, custody and control of the lawful custodian of such records…”

29.2 The Township will make available, by appointment, all public records of bids, contracts, etc at the Office

of Purchasing, after award of the contract. Copies may be made in the Administration Office of said public records at the cost of the requesting party, of $0.50 per page.

30.0 SAFETY:

30.1 All practices, materials and equipment shall comply with the Federal Occupational Safety and Health Act, as well as any pertinent Federal, State and/or Local Safety or Environmental Codes.


31.0 SKILLED LABORERS:

31.1 The contractor shall employ only competent and skilled laborers on all parts of the work and shall in his absence have on the ground at all times during the progress of the work, a responsible and qualified superintendent.

32.0 SUB-CONTRACTORS:

32.1 No portion of the work shall be sublet without the approval of the Township and no Sub-Contractor shall be employed unless in the opinion of the Township he is reliable, responsible and competent to do the work in accordance with the plans and specifications. The names of all Sub-Contractors proposed to be used shall be submitted in writing to the Township’s Agent before such work is started. Contractor may not award more than 50% of the work unless approved in writing by the Township.

33.0 SUSPENSION OF WORK:

33.1 The work may be suspended by the Township when deemed in the best interest of the Township. 34.0 TAXES:

34.1 The Township is exempt from State and Federal taxes and the price bid must be net, exclusive of

taxes. Where permitted by law, the Contractor may claim an exemption from State Sales Taxes for the purchase of materials, supplies, equipment, or parts needed to complete bid requirements by submitting the appropriate "Request for Exemption" forms to the State. However, he is NOT exempt from the payment of Township Business Privilege Taxes related to this work. (Clarification: Materials purchased for the installation of the water main/sanitary sewer are exempt from State sales tax; storm sewer materials are NOT).

35.0 TERMINATION:

35.1 If the Contractor is adjudged as bankrupt, or if he makes a general assignment for the benefit of this creditors, or if a receiver is appointed on account of his insolvency, or if he persistently or repeatedly refuses or fails, except in case for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he fails to make prompt payment to Subcontractors or for material or labor, or persistently disregards laws, ordinances, rules, regulation or order of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Contract Documents, then the Township of Whitehall, upon the certification of the Assistant Executive that sufficient cause exists to justify such action may, without prejudice to any right or remedy and after giving the Contract seven (7) days written notice, terminate the employment of the Contractor and take possession of premises an finish the work by whatever method he may deem expedient.

35.2 In such case the Contractor shall not be entitled to receive any further payment until the Work is

finished.

35.3 If the unpaid balance of the Contract price shall exceed the expense of finishing the work, including compensation for additional administrative services, such excess shall be paid to the contractor. However, if such expenses shall exceed the unpaid balance, the Contractor shall be liable for payment of the difference to the Township.

36.0 WITHDRAWAL OF BID:

36.1 If, within twenty-four (24) hours after the bids are opened, any Bidder files a duly signed written notice with the Township of Whitehall, and promptly thereafter demonstrates to the reasonable satisfaction of the Township that there was a material and substantial mistake in the preparation of its bid, that bidder will not be permitted to modify its bid but may withdraw its bid and the bid security will be returned.

36.2 Thereafter, that bidder will be disqualified from further bidding on the goods or services to be furnished under this "Invitation to Bid".


PROPOSAL PAGE (PAGE 1 OF 2)

TO: WHITEHALL TOWNSHIP BIDDER’S NAME 3218 MacArthur Road DATE Whitehall, PA 18052-2900

Exceptions (if applicable) Yes No Comments The purpose of this solicitation is to contract with a qualified agent for performing plan reviews and inspections under the requirements of PA Uniform Construction Code (PA UCC) and any local amendments thereto. The Contractor shall comply with all terms and conditions of this Contract. The submission of the Bid shall be considered as prima facie evidence that the Bidder has familiarized himself with and understands the conditions under which this contract is awarded, performed and administered.

MINIMUM QUALIFICATIONS:

Electrical:

Qualified as an accepted Pennsylvania Power and Light Inspector

Preferred four (4) years experience as municipal Electrical Inspector

Certified Electrical Inspector pursuant to the PA UCC

Certified Electrical Plans Examiner pursuant to the PA UCC

Energy:

Certified Energy Inspector pursuant to the PA UCC

Certified Energy Plans Examiner pursuant to the PA UCC

Plumbing:

Certified Plumbing Inspector pursuant to the PA UCC

Certified Plumbing Plans Examiner pursuant to the PA UCC

Mechanical:

Certified Mechanical Inspector pursuant to the PA UCC

Certified Mechanical Plans Examiner pursuant to the PA UCC

PP – 1


PROPOSAL PAGE (PAGE 2 OF 2)

BIDDER’S NAME DATE

TO: WHITEHALL TOWNSHIP 3218 MacArthur Road Whitehall, PA 18052-2900 Exceptions (if applicable)

Yes No Comments

Building:

Certified Building Inspector pursuant to the PA UCC Certified Building Plans Examiner pursuant to the PA UCC -including manufactured Housing Certification Training

Building Official:

Certified Building Code Official pursuant to the PA UCC

Accessibility:

Certified Plans Examiner and Accessibility Inspector pursuant to the PA UCC

Third Party Certification:

Certified Third Party Inspection Agency pursuant to the PA UCC

PAYMENT:

Successful Contractor shall be paid bi-weekly as a contracted

service and shall receive 75% of the inspection fees collected

by the Township during the two weeks prior to the pay period.

DURATION OF CONTRACT:

This Contract shall be for a period of one year from date of award, but may be renewed for two additional one-year periods per enclosed specifications.

SUBMIT WITH BID PACKAGE:

1. Three (3) satisfactory references of similar Contracts, including the names and phone numbers of contact person for each.

2. A statement acceptable to the Township that the Bidder has been regularly and actively engaged in inspections as noted herein.

3. Evidence of qualifications as stated under minimum qualifications in the detailed specifications.

4. Information regarding ability to provide after hours inspections and requested rates.

ADDITIONAL DOCUMENTATION INFORMATION ATTACHED PP – 2


SIGNATURE PAGE

TO: WHITEHALL TOWNSHIP DATE:

3218 MacArthur Road BID NO.:

Whitehall, PA 18052 FIRM NAME:

The undersigned having become familiar with the conditions of the Contract Documents hereby proposes to furnish

SERVICES as called for in the Contract Documents; and to do all else necessary to complete the work in strict

conformity with said Contract Documents and to perform all other obligations and assume all liabilities imposed upon

the Contractor by the Contract Documents; and that he will accept in full payment therefore, the unit prices stated on

Proposal Page.

The party making the above bid certifies that such bid is genuine and not collusive or sham, that said bidder has not

colluded, conspired, connived, or agreed, directly or indirectly with any bidder or person to put in a sham bid or to

refrain from bidding, and has not any manner, directly or indirectly, sought by agreement or collusion, or

communication or conference with any person, to fix any overhead, profit or cost element of said bid price, or that of

any other bidder, or to secure any advantage against the Township of Whitehall, or any person interested in the

proposed Contract.

Address

Zip Code

Signature

Print Name

Title

Phone Fax

E-mail Address

Years in Business as ( ) Individual ( ) Partner or ( ) Corporation

Federal I.D. # or Social Security No.

(Seal) ADDENDUM #1 (date)

ADDENDUM #2 (date)

ADDENDUM #3 (date)


REFERENCES

TO: WHITEHALL TOWNSHIP Company Name: 3218 MacArthur Road Whitehall, PA 18052

1. Company: Address: Type of Project: Date of Project: Phone Number: Contact Person: E-mail Address:




NO BID REPLY FORM

TO: WHITEHALL TOWNSHIP DATE: 3218 MacArthur Road Whitehall, PA 18052 To assist us in obtaining good competition on our Request for Bids, we ask that each firm has received an invitation, but does not wish to bid, state their reason(s) below and return to this office. This information will not preclude receipt of future invitations unless you request removal from the Bidders' List by so indicating below, or do not return this form or bonafide Proposal. Unfortunately, we must offer a "No Bid" at this time because: _______________ 1. We do not wish to participate in the bid process. _______________ 2. We do not wish to bid under the terms and conditions of the Request for Bid document. Our objections are:

_______________ 3. We do not feel we can be competitive. _______________ 4. We cannot submit a Bid because of the marketing or franchising policies of the manufacturing company. _______________ 5. We do not wish to sell to the Township of Whitehall. Our objections are:

_______________ 6. We do not sell the items/services on which Bids are requested. _______________ 7. Other:

FIRM NAME SIGNATURE We wish to remain on the Bidders' List.

We wish to be deleted from the Bidders' List.


CONTRACT

(RFP No. 19-01)

THIS CONTRACT made this day of 2019, by and between

(hereinafter referred to as “Contractor”), and THE TOWNSHIP OF WHITEHALL, a Pennsylvania

home rule charter municipality and municipal corporation (hereinafter referred to as the “Township”).

NOW, THEREFORE, the parties hereto, in consideration of the mutual promises contained herein, and

intending to be legally bound, do hereby agree as follows:

1. This Contract relates to the work, materials, and/or equipment described in the Instructions to Bidders and

Specifications prepared by the Township, dated December 2018, and identified as:

“CODES INSPECTOR/PLANS EXAMINER FOR WHITEHALL TOWNSHIP”

2. When used herein, the term “Contract” shall include, when applicable and unless expressly excluded

hereby, this contract document, the Notice to Bidders, Instructions to Bidders, Specifications, Drawings, Plans,

Terms, Conditions, Contractor’s Proposal, Contractor’s Performance Bond, and Contractor’s Labor and Material

Men’s Payment Bond related hereto, and any addenda thereto.

Said documents are hereby expressly incorporated herein by reference.

3. Contractor shall perform all the work and deliver all materials and equipment necessary to fully and

completely comply with this Contract.

4. In exchange for full and complete compliance with this Contract by the Contractor and upon acceptance

by the Township of the work, materials, and equipment specified in this Contract (collectively referred to herein as the

“Work”), the Township shall pay the contract price up to seventy-five percent (75%) of all fees collected by the

Township of Whitehall in accordance with the schedule of payments, if any, set forth in this contract. Inspections will

be provided (5) days a week and there will be no additional costs for after hour inspections. The Contract period is

April 1, 2019 thru March 31, 2020. The Township reserves the right to renew, in sole discretion and option, this

contract for (2) additional one-year terms, or any portion thereof, if the same terms and conditions prevail. In no event

shall the term of the Contract exceed three (3) consecutive years.


5. The Contractor shall only employ first class workers duly skilled in the type of labor they are employed to

perform with respect to the work to be performed under this Contract.

6. Contractor agrees:

(a) That in the hiring of employees for the performance of work under this contract or any

subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or

subcontractor shall, by reason of race, creed, color, national origin, ancestry, or gender, discriminate against any

citizen of the Commonwealth of Pennsylvania who is qualified and available to perform the work to which the

employment relates;

(b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate

against or intimidate any employee hired for the performance of work under this Contract on account of race, creed,

color, national origin, ancestry, or gender;

(c) That the contractor shall comply with all provisions of the Americans and Disabilities Act P.L. 101-

336 (1890) and shall hereby aver that it will not discriminate against any employee or applicant for employment

because of disability.

(d) That there may be deducted from the amount payable to Contractor under this Contract a penalty

of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or

intimidated in violation of the provisions of this Contract; and

(e) That the contract may be cancelled or terminated by the Township and all money due or to

become due hereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this

paragraph.

7. The contractor agrees to furnish within the prescribed time all bonds and certificates of insurance required

by this contract or applicable laws or regulations. The contractor agrees that no work shall be performed, and no

materials or equipment shall be furnished under this Contract until said bonds and certificates are received and

accepted by the Township.

8. The contractor shall comply with all federal, state, and local laws, ordinances, and regulations which may

pertain to the work and the contractor shall be responsible to have knowledge of all applicable federal, state, and local

laws, ordinances and regulations.

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9. If this contract entails any work involving the employment of labor, the contractor agrees to accept the

provisions of the Pennsylvania Workmen’s Compensation Act insofar as the work is concerned and the contractor will

insure its liability thereunder or file with the Township a certificate of exemption from insurance from the Bureau of

Workmen’s compensation. The contractor shall not sign this contract until it has furnished to the Township, to the

extent required by this paragraph, proof of its acceptance of the Workmen’s Compensation Act and proof that it has

insured its liability thereunder or filed the appropriate certificate of exemption with the Township. If the contractor

shall sign this contract in violation of the preceding sentence, this contract shall be void and of no force or effect

against the Township until the required proof is presented to the Township, and the Township shall be deemed to

have not signed this contract until such time.

10. Upon the breach or anticipatory breach of any one or more of the terms of this Contract by the

Contractor, the Township shall have the right to assert any remedy available at law or in equity therefore, and shall

not be confined solely to those remedies, which may be specifically provided in this contract. The Township’s

remedies shall include, but not be limited to: (a) withholding from the contractor as much of the accrued

payments or advances as Township may consider necessary to cover any consequential damages caused in whole

or in part by the acts, omissions, or threatened acts or omissions of the contractor, his agents or assigns, after

written notice thereof to the contractor; (b) termination of this contract; (c) completion of this contract by the Township

or by any of its agents, employees, or designated independent contractors (whether designated by the Township or

any bonding company); (d) suit for damages for breach of contract; (e) suit upon the bond(s), if any, provided by the

contractor; (f) any other legal or equitable remedy which the law would provide the Township for the enforcement of,

or for the Contractor’s breach of, any of the provisions of this Contact. The remedies available to the Township shall

be cumulative so that if the Township pursues one remedy against the contractor with respect to any breach or

anticipatory breach, the Township shall not be excluded from pursuing any other available remedies for such breach.

11. The invalidity or unenforceability of any particular provision of this contract shall not affect the validity or

enforceability of the other provisions hereof, and this contract shall be construed in all respects as if such invalid or

unenforceable provisions were omitted.

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12. Indulgences extended by the Township to the contractor shall not be construed as a waiver of any breach

by the contractor, nor shall any waiver of one breach be construed as a waiver of any rights or remedies with respect

to any subsequent breach.

13. This contract shall be binding upon the parties hereto and their respective heirs, personal

representatives, successors, and permitted assigns.

IN WITNESS WHEREOF, the parties have executed this contract the day and year first above written,

intending to be legally bound.

Attest: TOWNSHIP OF WHITEHALL

By:

Secretary Mayor

CONTRACTOR

Attest: By:

Secretary

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