[Ord. No. 752,
§ 1 (1-1.1), 8-9-1976]
(a)
The initial yearly organizational meeting of the Township Council
shall be held on the date as specified by the Charter Section 308.
Presiding over the meeting initially shall be the immediate past Chairman
or Vice Chairman providing they continue in office. If neither of
these persons are on the Council being organized, the Township Secretary
shall act as Chairman Pro Tem.
(b)
The first item of business shall be the election of the Chairman
for the current calendar year. Upon completion of this election, the
meeting shall be presided over by the new Chairman.
(c)
The second item of business shall be to establish the date and location
of regular meetings, in accordance with Charter Section 309.
[Ord. No. 752,
§ 1 (1-1.2), 8-9-1976]
All meetings of the Township Council shall be governed by "Robert's
Rules of Order."
[Ord. No. 752,
§ 1 (1-1.3), 8-9-1976]
(a)
If a quorum of Township Council members are not present at the organizational
meeting, those present may adjourn the meeting from day to day until
a quorum is achieved.
(b)
If the Council members fail to organize within ten (10) days from
the time prescribed by the Charter, the common pleas court, upon the
petition of ten (10) registered electors, verified by the affidavit
of one of the petitioners, shall issue a rule upon the delinquent
member or members to show cause why their seats should not be declared
vacant. The rule shall be returnable not less than five (5) days from
the time of its issue, and after hearing, the court may declare the
seats of any delinquent Council member vacant.
(c)
Such vacancies shall be filled in accordance with the Charter provisions
of Section 306.
[Ord. No. 752,
§ 1 (1-2.1), 8-9-1976]
(a)
Membership in and active participation in county and state associations
and applicable professional societies shall be encouraged for Councilmen,
Township officers, department heads and other professional employees.
(b)
The Township Manager shall prepare, prior to the budget, the general
attendance plan for the year and the total expenditure to be so allocated.
After the budget approval the Manager shall be able to make adjustment
in these plans as necessary providing the overall expenditures are
maintained per budget.
(c)
The Township Manager shall establish guidelines for reimbursement
of travel and living expenditures. These guidelines shall be applied
in uniform manner to all departments.
(d)
Prior to the attendance of any individual at a major state or national
conference the Township Manager shall make a specific recommendation
and the Council shall approve in advance the attendance and expenditure
for this conference.
(e)
The Council shall designate who shall be the Township's official
delegates to associations of which the Township is a declared participant.
Expense of Township membership in these associations shall be provided
for in the annual budget.
[Ord. No. 752,
§ 1 (1-3), 8-9-1976]
Every person elected or appointed to any Township office shall,
before entering upon the duties of his office, take and subscribe
an oath or affirmation, to perform the duties of his office with fidelity.
A copy of such oath or affirmation shall, within ten (10) days thereafter,
be filed with the Township Secretary.
[Ord. No. 752,
§ 1 (1-4), 8-9-1976]
[Ord. No. 752,
§ 1 (1-4.1), 8-9-1976]
(a)
The Manager shall establish by category a "bidders list" containing
those contractors who have expressed a potential desire to compete
or who have by past performance demonstrated this capability. The
Manager shall establish by regulation the procedure and requirement
for maintaining the list current.
(b)
Specification and, where applicable, plans required for execution
of the contract shall be complete and available in the Township building
preceding bid advertising.
[Ord. No. 752,
§ 1 (1-4.2), 8-9-1976; Ord. No. 1191, § 1, 3-27-1996]
(a)
For all contracts where the Charter requires competitive bidding,
public advertising for bids shall be published in one (1) newspaper
of general circulation, published or circulating in the Township at
least one (1) time. In addition, the advertising for bids may be published
in additional general circulation newspapers or trade journals as
may be warranted by the contract. The advertisement shall be published
not more than 45 days and not less than 10 days prior to the date
fixed for the opening of bids.
(b)
The Township Manager shall determine the advertising schedule and
any additional advertising as may be warranted by the contract.
(d)
Copies of the advertising shall also be sent to potential bidders
on the bidders list. The mailing of this notification shall be within
two days of publication of the advertising.
(e)
Evasion of advertising by the practice of piecemeal procurement shall
be unlawful in accordance with the Charter and subject to the penalties
contained in the Charter. In addition, any Councilman who votes in
violation of this chapter provision, with the purpose of avoiding
the requirement, shall be subject to a surcharge of 10 percent of
the full amount of the contract or purchase.
[Ord. No. 752,
§ 1, (I-4.3(A), (B)), 8-9-1976; Ord. No. 1080, § 1, 7-8-1991; Ord.
No. 1329, §§ 1 and 2, 6-12-2000]
(a)
Bid guarantee. The bid must be accompanied by a bid bond properly
executed by the bidder and by such surety company or companies as
may be approved by the Township authorized to do business in the state,
or a certified check drawn on a financial institution authorized to
do business in the state. Such bid bonds or certified check shall
be in the sum of 10% of the amount of the bid. No bid shall be considered
unless it is so guaranteed. The bid bond or certified check shall
insure the execution of the contract by the bidder. Bid bonds shall
be made on the regular bid bond form, all as required by the specifications.
(b)
Performance, maintenance and labor and material payment bonds. The
successful bidder must deliver to the Township in exchange for the
bid security, two executed bonds, a performance and maintenance bond
in the amount of:
(1)
One hundred percent of the contract price for faithful performance
of the contract; and
(2)
Ten percent of the contract price for maintenance of the work performed
under the contract for a period of one year from the date of completion
and acceptance of the work performed under the contract; and
(3)
A material and labor bond in the amount of 100 percent of the contract
price for the payment of all persons performing labor or furnishing
materials in connection therewith.
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Such bonds shall be in the form of bonds included in the specifications
and shall bear the same date as the date of the contract.
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The bonds shall be properly executed by the bidder and by such
surety company or companies as may be approved by the Township and
who are authorized to transact business in the state. The failure
of any successful bidder to execute required bonds within 20 days
after the prescribed forms are presented for signature, or within
such extended period as the Township Council may grant, based upon
reasons determined adequate by the Township Council, shall constitute
a default, and the Township Council may either award the contract
to the next responsible bidder or readvertise for bids, and may charge
against the bidder the difference between the amount of this bid and
the amount' for which a contract for the work is subsequently executed,
irrespective of whether the amount thus due exceeds the amount of
the bid guaranty.
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(c)
Financial security. Where any contract with the Township exceeds
$5,000 for the construction, reconstruction, alteration or repair
of any public building or other public work or public improvement,
including highway work, the contractor may, in lieu of providing the
performance, maintenance and labor and material payment bonds referred
to in SubSection (b), furnish to the Township the following financial
security, which shall become binding upon the awarding of such contract
to such contractor:
(1)
Any financial security, acceptable to and approved by the Township,
including, but not limited to, federal- or commonwealth-Chartered
lending institutions' irrevocable letters of credit and restrictive
or escrow accounts in such lending institutions, equal to 100% of
the contract amount, conditioned upon the faithful performance of
the contract in accordance with the plans, specifications and conditions
of the contract. Such financial security shall be solely for the protection
of the Township.
(2)
Any financial security, acceptable to and approved by the Township,
including, but not limited to, federal- or commonwealth-Chartered
lending institutions' irrevocable letters of credit and restrictive
or escrow accounts in such lending institutions, equal to 100 percent
of the contract amount. Such financial security shall be solely for
the protection of claimants supplying labor or materials to the prime
contractor to whom the contract was awarded, or to any of his subcontractors,
in the prosecution of the work provided for in such contact, and shall
be conditioned for the prompt payment of all such material furnished
or labor supplied or performed in the prosecution of the work. "Labor
or materials" shall include public utility services and reasonable
rentals of equipment, but only for periods when the equipment rented
is actually used at the site.
(d)
Execution; file of duplicate copies. Any bond or financial security
provided to the Township shall be executed by one or more surety companies
or federal- or commonwealth-Chartered lending institutions, chosen
by the party posting the financial security and acceptable to the
Township, legally authorized to do business in the Commonwealth of
Pennsylvania.
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A duplicate copy of each financial security, including bonds,
shall be filed with the Township.
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[Ord. No. 752,
§ 1 (1-4.3(C)), 8-9-1976]
(a)
Familiarity with proposed work. Before submitting a proposal, the
bidder shall carefully examine the drawings and specifications, visit
the site when applicable, and be cognizant of all laws, ordinances
and regulations, wage rates and labor conditions in the area of operation
affecting the contract or the work, and shall include in his proposal
form a sum to cover the cost of all items, implied or required to
attain the completed conditions contemplated by the contract.
(b)
Laws and ordinances. All regulations and ordinances of the Township,
the county and laws of the state and of the United States of America
shall be observed by the contractor as far as they apply. The contractor
shall file for necessary Township permits; however, the fee for required
Township permits may be waived by the Township.
(c)
Preparation of proposals. All bids must be submitted on forms prepared
by the Township and shall be subject to all requirements and specifications,
drawings (where applicable), and the information for bidders.
(d)
All bids must remain in force for 60 days after the date of the opening
of bids, and may be accepted or rejected at any time prior to the
expiration of this period.
[Ord. No. 1542, §§ 1—9, 7-12-2010; Ord. No. 1565, §§ 1—9, 1-23-2012; Ord. No. 1646 §§ 1 – 9, 8-13-2018]
(a)
Purpose and objective of the Ordinance.
(1)
The Council of Plymouth Township recognizes that there is a
need to ensure that all work on public construction and maintenance
contracts is performed by responsible, qualified firms that maintain
the capacity, expertise, personnel and other qualifications and resources
necessary to successfully perform public contracts in a timely, reliable
and cost-effective manner.
(2)
To effectuate the purpose of selecting responsible contractors
for public contracts and to protect Plymouth Township's investments
in such contracts, prospective contractors and subcontractors should
be required to meet preestablished, clearly defined, minimum standards
relating to contractor responsibility, including requirements and
criteria concerning technical qualifications, competency, experience,
adequacy of resources, including equipment, financial and personnel,
and satisfactory records regarding past project performance, safety,
law compliance and business integrity.
(3)
Therefore, Plymouth Township shall require compliance with the
provisions of this ordinance by business entities seeking to provide
services to Plymouth Township as specified herein. The requirements
of this ordinance are intended to supplement, not replace, existing
contractor qualification and performance standards or criteria currently
required by law, public policy or contracting documents. However,
in the event that any of the provisions of this ordinance conflict
with any law, public policy or contracting documents of Plymouth Township,
this act shall prevail.
(b)
Responsible contractor requirements.
(1)
All contractors and subcontractors of any tier that perform
work valued at over one hundred fifty thousand ($150,000.00) dollars
on any public facility or public works project, including construction,
alteration, renovation, repair, service or maintenance work, shall
meet the requirements of this ordinance.
(2)
All firms engaged in contracts covered by this ordinance shall
be qualified, responsible contractors or subcontractors that have
sufficient capabilities in all respects to successfully perform contracts
on which they are engaged, including the necessary experience, equipment,
technical skills and qualifications and organizational, financial
and personnel resources. Firms bidding on public contracts shall also
be required to have a satisfactory past performance record and a satisfactory
record of law compliance, integrity and business ethics.
(3)
Prequalification requirements.
a.
For contracts subject to the responsible contractor requirements
of this ordinance, all firms, whether general contractors, prime or
other lead contractors, or proposed subcontractors, must submit a
contractor responsibility certification at least 75 days, but no more
than 90 days, before the proposed bid submission deadline, or no later
than a date established by the Township for any given project. Failure
to submit a contractor responsibility certification by the deadline
will automatically disqualify any firm from submitting a bid or proposal
for the contract.
b.
Upon the receipt of the prequalification contractor responsibility
certification, the Township shall determine whether the firm meets
the requirements of this ordinance. Notice of the Township's determination
shall be sent to the proposed firm within 15 days after the receipt
of the prequalification contractor responsibility certification. All
firms that are determined by the Township to meet the qualification
requirements of this ordinance shall be entitled to submit a bid or
proposal for the project.
(c)
Contractor responsibility certifications.
(1)
As a condition of performing work on a public works contract
subject to this ordinance, a general contractor, construction manager
or other lead or prime contractor seeking award of a contract shall
submit a contractor responsibility certification[1] as required by Subsection (b) of this ordinance.
[1]
Editor's Note: The contractor responsibility certification form is included at the end of this chapter.
(2)
The contractor responsibility certification shall be completed
on a form provided by Plymouth Township's Department of Public Works
and shall reference the project for which a bid is being submitted
by name and contract or project number.
(3)
In the contractor responsibility certification the construction
manager, general contractor or other lead or prime contractor shall
confirm the following facts regarding its past performance and work
history and its current qualifications and performance capabilities:
a.
The firm has all valid, effective licenses, registrations or
certificates required by federal, state, county, or local law, including,
but not limited to, licenses, registrations or certificates required
to: (a) do business in the designated locale; and (b) perform the
contract work it seeks to perform. These shall include, but not limited
to, licenses, registrations or certificates for any type of construction
or specialty work which the firm proposes to self-perform.
b.
The firm meets the bonding requirements for the contract, as
required by applicable law or contract specifications and any insurance
requirements, as required by applicable law or contract specifications,
including general liability insurance, workers' compensation insurance
and unemployment insurance.
c.
The firm has not been debarred or suspended by any federal,
state or local government agency or authority in the past three (3)
years.
d.
The firm has not defaulted on any project in the past three
(3) years.
e.
The firm has not had any type of business, contracting or trade
license, registration, or other certification revoked or suspended
in the past three (3) years.
f.
The firm has not been cited for a willful violation of federal
or state safety laws in the past three (3) years.
g.
The firm and its owners have not been convicted of any crime
relating to the contracting business by a final decision of a court
or government agency in the past ten (10) years.
h.
The firm has not within the past three (3) years been found
in violation of any law applicable to its contracting business, including,
but not limited to, licensing laws, tax laws, prompt payment laws,
wage and hour laws, prevailing wage laws, environmental laws or others,
where the result of such violation was the payment of a fine, back
pay damages or any other type of penalty in the amount of one thousand
($1,000) dollars or more.
i.
The firm will pay all employees that it employs on the project
the current wage rates and fringe benefits as required under applicable
federal, state or local wage laws.
j.
The
firm has all other technical qualifications and resources, including
equipment, personnel and financial resources, to perform the referenced
contract, or will obtain same through the use of qualified, responsible
subcontractors.
k.
All craft labor that will be employed by the firm for the project
have completed at least the OSHA ten-hour training course for safety
established by the United States Department of Labor, Occupational
Safety and Health Administration.
l.
The firm will employ craft employees in all classifications
and individual trades required to successfully perform the work related
to this project.
m.
The firm has participated in a Class A apprenticeship program
for the past three years for each separate trade or classification
in which it employs craft employees and shall continue to participate
in such program or programs for the duration of the project.
1.
For purposes of this section, a Class A apprenticeship program
is an apprenticeship program that is currently registered with and
approved by the United States Department of Labor or a state apprenticeship
agency and has graduated apprentices to journeyperson status for at
least three of the past five years. This may be an apprenticeship
program that is subject to the Employee Retirement Income Security
Act of 1974, 29 U.S.C. § 1001 et seq. ("ERISA") or a non-ERISA
program.
2.
To demonstrate compliance with this section, the firm shall
provide, with this certification, a list of all trades or classifications
of craft employees it will employ on the project and documentation
verifying it participates in a Class A apprenticeship program for
each trade or classification listed.
n.
The firm will maintain all qualifications, resources and capabilities
referenced in this certification throughout the duration of the project.
o.
The firm shall notify Plymouth Township within seven (7) days
of any material changes to all matters attested to in this certification.
p.
The firm understands that the contractor responsibility certification
required by this section shall be executed by a person who has sufficient
knowledge to address all matters in the certification and shall include
an attestation stating, under the penalty of perjury, that the information
submitted is true, complete and accurate.
(4)
Execution of the contractor responsibility certification required
by this ordinance shall not establish a presumption of contractor
responsibility, and Plymouth Township may require any additional information
it deems necessary to evaluate a firm's status as a responsible contractor,
including technical qualifications, financial capacity or other resources
and performance capabilities. Plymouth Township may require that such
information be included in a separate statement of qualifications
and experience or as an attachment to the contractor responsibility
certification.
(5)
The submitting firm shall stipulate in the contractor responsibility
certification that, if it receives a notice of intent to award contract,
it will provide a subcontractor list and required subcontractor information
as specified in Subsection (e) of this ordinance.
(6)
If the submitting firm has ever operated under another name
or controls, is controlled by another company or business entity or
in the past five (5) years controlled or was controlled by another
company or business entity, whether as a parent company, subsidiary
or in any other business relation, it shall attach a separate statement
to its contractor responsibility certification that explains in detail
the nature of any such relationship. Additional information may be
required from such an entity if the relationship in question could
potentially impact contract performance.
(7)
If a firm fails to provide a contractor responsibility certification
required by this section, it shall be disqualified from bidding. No
action of any nature shall lie against Plymouth Township because of
its refusal to accept a bid for failing to provide information required
by this section.
(d)
Notice of intent to award contract.
(1)
After it has received bids for a project, Plymouth Township
shall issue a written notice of intent to award a contract to the
firm offering the lowest responsible bid. Extensions of the date for
the award may be made by mutual written consent of the Township and
the lowest responsible bidder.
(2)
Such notice shall be issued immediately or as soon as practicable
after bids are submitted and shall stipulate that the contract award
will be conditioned on the issuance of a written contractor responsibility
determination, as required by Subsection (f) of this ordinance and
any other conditions determined by the Township to be appropriate.
A contract subject to this ordinance shall not be executed until all
requirements of this ordinance have been fulfilled. Plymouth Township
reserves the right to reject any defective bid, to waive any nonmaterial
defect in a bid, to reject all bids, as the Township determines such
actions to be in its best interest.
(e)
Subcontractor lists, subcontractor responsibility certifications.
(1)
Within seven (7) days from the date of notice of intent to award
contract, a prospective awardee shall submit to Plymouth Township
a subcontractor list containing the names of subcontractors that will
be used for the referenced project, their addresses and a description
of the work each listed subcontractor will perform on the project.
(2)
At the time a prospective awardee submits the subcontractor
list it shall also submit subcontractor responsibility certifications
for all listed subcontractors to the Plymouth Township Public Works
Department. Subcontractor responsibility certifications shall be executed
by the respective subcontractors on forms prepared by Plymouth Township
and shall contain the same information and representations required
in contractor responsibility certifications.
(3)
Subcontractor responsibility certifications shall be executed
by persons having sufficient knowledge to address all matters in the
certification and shall include an attestation stating, under the
penalty of perjury, that all information submitted is true, complete
and accurate.
(f)
Contractor responsibility review and determination.
(1)
Notwithstanding the prequalification procedure set forth in
Subsection (b) of this ordinance, after a notice of intent to award
contract has been issued, Plymouth Township shall undertake a review
process for a period of not more than thirty (30) days to determine
whether the prospective awardee is a qualified, responsible contractor
in accordance with the requirements of this ordinance and other applicable
laws and regulations and has the resources and capabilities to successfully
perform the contract.
(2)
As part of this review process, Plymouth Township shall ensure
that the contractor responsibility certification, the subcontractor
list and the subcontractor responsibility certifications, as required
by this act, have been submitted and properly executed.
(3)
Plymouth Township may conduct any additional inquiries to verify
that the prospective awardee and its subcontractors have the technical
qualifications and performance capabilities necessary to successfully
perform the contract and that the firms have a sufficient record of
law compliance and business integrity to justify the award of a public
contract. In conducting such inquiries, Plymouth Township may seek
relevant information from the firm, its prior clients or customers,
its subcontractors or any other relevant source.
(4)
If at the conclusion of its internal review, Plymouth Township
determines that all responsibility certifications have been properly
completed and executed and if it concludes that the qualifications,
background and responsibility of the prospective awardee and the firms
on its subcontractor list are satisfactory, it shall issue a written
contractor responsibility determination verifying that the prospective
awardee is a qualified, responsible contractor. In the event a firm
is determined to be nonresponsible, Plymouth Township shall advise
the firm of its finding in writing and proceed to conduct a responsibility
review of the next lowest, responsive bidder or, if necessary, rebid
the project.
(5)
The contractor responsibility determination shall be issued
not more than 30 days after the date of the notice of intent to award
contract. This responsibility determination may be revoked or revised
in any manner at any time if Plymouth Township obtains relevant information
warranting any such revocation or revisions.
(g)
Subcontractor responsibility review requirements.
(1)
A construction manager, general contractor or other lead or
prime contractor shall not be permitted to use a subcontractor on
any work performed for Plymouth Township unless it has identified
the subcontractor on its subcontractor list and provided a subcontractor
responsibility certification in accordance with the requirements of
Subsection (e) of this ordinance.
(2)
A subcontractor listed on a firm's subcontractor list shall
not be substituted unless written authorization is obtained from Plymouth
Township and a subcontractor responsibility certification is provided
for the substitute subcontractor.
(3)
In the event that Plymouth Township determines that a prospective
subcontractor listed by the apparent low bidder does not meet the
responsibility standards of this Section, it may, after informing
the prospective awardee, exercise one of the following options:
a.
Permit the awardee to substitute a qualified, responsible subcontractor
in accordance with the requirements of this section;
b.
Require the awardee to self-perform the work in question if
the firm has the required experience, licenses and other qualifications
to perform the work in question; or
c.
Disqualify the prospective awardee.
(4)
In the event that a subcontractor is disqualified under this
ordinance, the general contractor, construction manager or other lead
or prime contractor shall not be permitted to make any type of contractual
claim against Plymouth Township on the basis of a subcontract or disqualification.
(h)
Public review process.
(1)
The contractor responsibility certification for a firm identified
in a Notice of Intent to Award Contract, subcontractor lists and subcontractor
responsibility certifications shall be made immediately available
to the public for inspection through a publicly accessible website
or other comparable means.
(2)
During the public review period, any person or organization
may protest a contractor or subcontractor for failing to meet applicable
requirements of this ordinance or on any other relevant grounds by
submitting a letter with supporting evidence to Plymouth Township.
(3)
If Plymouth Township determines that a contractor or subcontractor
responsibility certification contains false or misleading material
information that was provided knowingly or with reckless disregard
for the truth or omits material information knowingly or with reckless
disregard of the truth, the firm for which the certification was submitted
shall be prohibited from performing work for Plymouth Township for
a period of three (3) years and shall be subject to any other penalties
and sanctions, including contract termination, available to Plymouth
Township under law. A contract terminated under these circumstances
shall further entitle Plymouth Township to withhold payment of any
monies due to the firm as damages.
(i)
Severability; effective date.
(1)
If any provision of this ordinance shall be held to be invalid
or unenforceable by a court of competent jurisdiction, any such holding
shall not invalidate any other provisions of this ordinance, and all
remaining provisions shall remain in full force and effect.
(2)
This ordinance shall become effective in accordance with the
Home Rule Charter and the General Laws of the Commonwealth of Pennsylvania
and shall take such anticipatory administrative action in advance
as shall be necessary for the implementation of this ordinance.
(3)
The requirements of this ordinance shall not apply to contracts
executed prior to the effective date of this act, except that the
exercise of an option on a contract covered by this ordinance shall
be deemed to create a new contract for purposes of this ordinance.
[Ord. No. 752,
§ 1 (1-4.3(D)(1), (2)), 8-9-1976; Ord. No. 1329, § 3, 6-12-2000]
(a)
Bids received prior to the time of opening will be securely kept,
unopened. Township officials whose duty it is to open them will decide
when the specified time has arrived, and no bid received thereafter
will be considered. No responsibility will attach to Township officials
for the premature opening of a bid not properly addressed and identified.
(b)
Sealed bids shall be received by the Finance Director's office, Plymouth Township Municipal Building, 700 Belvoir Road, Plymouth Meeting, Pennsylvania 19462. No bid may be considered if received after that time nor may any bid be modified or withdrawn after that time except as provided in Section 2-28. All bids will be publicly opened and read aloud.
[Ord. No. 752,
§ 1 (1-4.3(D)(3)), 8-9-1976; Ord. No. 1070, § 1, 5-13-1991; Ord.
No. 1102, § 1, 5-11-1992]
(a)
In accordance with the Charter, the award shall be made to the lowest
responsible bidder. Responsible shall be interpreted to signify that
the following conditions are met:
(1)
The bonding requirements have been met.
(2)
All imposed general requirements have been met.
(3)
The bidder has demonstrated competence for performing the work.
(4)
The submitted bid is compliant with the proposed statement of work.
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If none of the bidders meet the above requirements the Township
may reject all bids and reinitiate the bidding process.
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(b)
The responsible Township officials evaluating the bids shall interpret
the above conditions and shall include the results of this evaluation
in their recommendation to the Township Council.
(c)
Notwithstanding anything to the contrary contained in the bidding
procedure set forth herein, the Township shall have the right to accept
or reject any or all bids, or parts thereof, or to waive any informalities
or irregularities as deemed to be in the best interest of the Township
in the sole discretion of the Township Council.
[Ord. No. 752,
§ 1 (1-4.3(E)), 8-9-1976]
(a)
Any bidder, upon his or his authorized representative's written request,
presented not later than the hour set for the opening thereof, will
be given permission to withdraw his proposal. At the time of opening
proposals, when such proposal is reached, it will be returned to him
unread.
(b)
Any bidder may withdraw his bid after opening only in accordance
with Act No. 4 of 1974 on any contract requiring bidding providing
that the other requirements of this Section are met.
(c)
In accordance with Act No. 4 of 1974 a "substantial clerical error"
shall be defined as an arithmetical error or an unintentional omission
in preparing the bid document which yielded a total contract price
error such that the bid price is smaller by 20% than the correctly
calculated price.
(d)
It is required that the bidder present with the withdrawal notice
credible evidence showing how, when and why the error was made. In
the case of the "unintentional omission" the burden of proof shall
be on the bidder to satisfy the Township officials that the omission
was indeed not purposeful.
(e)
The withdrawal notice shall be delivered in person by the bidder
within the allowable two business days. The notice shall be personally
presented to the Township Manager or, in his absence, the officially
designated Acting Manager. Two business days shall be interpreted
to be 48 hours after the officially designated bid opening time not
counting weekends or holidays observed by the Township.
(f)
The Township will automatically contest any withdrawal under Act
No. 4 of 1974 unless the bidder is notified to the contrary. The hearing
will be held 10 working days after the day of bid opening. The Township
shall give the withdrawing bidder notice of the place, date and time
of the hearing by either of the following methods:
(1)
Mailing of a certified, special delivery notice to the bidder 48
hours (exclusive of weekends) before the hearing.
(2)
Delivering notice of the hearing 24 hours in advance of the hearing.
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In addition, notice of the hearing shall be posted in the Township
Building at least 24 hours in advance of the hearing.
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(g)
In the event that the contested withdrawal is subject to arbitration,
the provision of the contract shall apply.
(a)
Upon the conviction of any defendant in a summary proceeding for
violation of an ordinance of Plymouth Township which provides for
a fine, the fine shall be paid as directed by the District Justice.
(b)
In the event of the failure of any defendant to pay the fine imposed
for a violation of a Township ordinance, the District Justice may
sentence and commit the defendant to Montgomery County Prison for
a period not to exceed 30 days and may, upon payment of the fine after
commitment, remit the balance of the jail term imposed by reason of
the default in such payment.
[Ord. No. 1118, § 1, 2-8-1993]
(a)
Unless waived by Township Council, for all contracts for labor, material,
supplies or services aggregating more than $4,000 but less than $10,000
for the item in the year supplied, or such other amount as from time
to time may be provided under similar provisions governing contracts
under the First Class Township Code, the Township shall obtain at
least three quotations. The quotations shall be by telephone or in
writing. Any verbal quotation shall be confirmed in writing and/or
by facsimile within three business days and before the contract is
consummated and, at a minimum, contain the following:
(b)
All such quotations shall be kept by the Township for a period of
three years. Any verbal quotation not confirmed, as aforesaid, shall
be null and void.
(c)
The Chairman of Council shall execute all contracts, regardless of
the amount, for the purchase, sale, lease or use of real estate.
(d)
Written contracts shall be reviewed by the Township solicitor.
[Ord. No. 1470, § 1, 11-13-2006]
(a)
No personal property of the Township shall be sold or disposed of
without the approval of Township Council.
(b)
No personal property owned by the Township, the estimated fair market value of which is $1,000 or more, shall be sold except to the highest bidder after due notice by advertisement for bids or for public auction in one newspaper of general circulation in the Township. The advertisement shall be published once not less than ten (10) days before the date set for the opening of bids or public auction, and the date for opening bids or public auction shall be announced in the advertisement. The advertisement for electronic auction sales under Section 2-32 of this Article shall include the Internet address for means of accessing the electronic auction and the date, time and duration of the electronic auction.
(c)
If no bids are received, the Township may advertise for bids a second
time. If no bids are received within fifteen (15) days of the second
advertisement, the Township may initiate negotiations for a private
sale of such personal property, taking into consideration its fair
market value. The Township shall publicly announce the identity of
the parties, the sale price and a summary of the other terms and conditions
relating to any proposed private sale of such personal property at
a regular or special meeting of Township Council. After the public
announcement of the sale of such personal property is made, at least
thirty (30) days shall elapse before the Township may authorize the
private sale of such personal property in accordance with this Article.
(d)
The award of contract shall be made only by public announcement at
a regular or special meeting of Township Council.
(e)
Except for an electronic "public auction" under Section 2-32, below, all bids shall be accepted on the condition that payment of the purchase price in full is made within two (2) business days of acceptance of the successful bid. Township Council may reject any bids received if the bids are believed to be less than the fair market value of the personal property.
(f)
In the event shipping costs are involved, such costs shall be paid
by the purchaser.
[Ord. No. 1470, § 1,11-13-2006]
A "public auction" may include an online or electronic auction
sale. During an electronic auction sale, the bids shall be accepted
electronically at the time and in the manner designated in the advertisement.
During the electronic auction, each bidder shall have the capability
to view the bidder's bid rank or the high bid price. Bidders may increase
their bid prices during the electronic auction. The record of the
electronic auction shall be accessible for public inspection. The
purchase price shall be paid by the high bidder within five (5) days
after the conclusion of the electronic auction. In the event that
shipping costs are incurred, such costs shall be paid by the high
bidder.
[Ord. No. 1470, § 1,11-13-2006]
Personal property owned by the Township having an estimated
fair market value of less than $1,000 may be sold or disposed of by
the Township Manager by negotiation for the private sale or disposition
of the property, taking into consideration its fair market value.
The Township Manager shall post the availability of such personal
property for purchase in writing in the Township Building and in the
Community Center Building. The Township shall publicly announce the
identity of the parties, the sale price and a summary of the other
terms and conditions relating to any proposed private sale or disposition
of such property at a regular or special meeting of Township Council.
Except for personal property having a value of less than $500, after
the public announcement of the sale is made, at least thirty (30)
days shall elapse before Township Council may authorize the private
sale.
The procedure set forth in this Article for the sale of personal
property shall not apply if the property is being traded-in or exchanged
for new Township personal property or where the personal property
is being sold to Montgomery County, another political subDivision,
a volunteer fire company, a volunteer ambulance company or rescue
squad located within the Township, and a training school or academy
which provides a basic police training course within the functional
organization of a Police Department or departments or any educational
facility in this commonwealth which has been certified as a school
by the Municipal Police Officers' Education and Training Commission
under the Municipal Police Education and Training Act, Act No. 177
of 1996, Dec. 19, P.L. 1158, as amended.
[1]
Editor's Note: See 53 Pa.C.S.A. § 2161 et seq.
[Ord. No. 1470, § 1, 11-13-2006]
All personal property sold by the Township shall be accepted
by the purchaser in its as-is condition and without any express or
implied warranties of merchantability or fitness for a particular
purpose or any other warranty whatsoever under a bill of sale prepared
by the Township Solicitor. In the bill of sale, the purchaser shall
agree to a release of liability and indemnification to the benefit
of the Township.
