[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 (1-1.3), 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 (1-4.1), 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.
(c) 
The advertisement shall specify as a minimum:
(1) 
Location of the available specifications.
(2) 
Bonding requirements for bidders.
(3) 
Location and timing for delivery of sealed bids.
(4) 
Location and timing for bid opening.
(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.
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.
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.
(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.
A duplicate copy of each financial security, including bonds, shall be filed with the Township.
[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; amended 7-8-2024 by Ord. No. 1702; 3-9-2026 by Ord. No. 1716]
(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.
(4) 
To further effectuate the purpose of selecting responsible contractors for certain projects, specific exclusions shall be provided from the requirements of this section.
(b) 
Responsible contractor requirements.
(1) 
All contractors and subcontractors of any tier that perform work valued at over three hundred thousand ($300,000.00) 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 fourteen (14) calendar days before the proposed bid submission deadline 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 programs 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.
3. 
The construction manager, general contractor or other lead or prime contractor responsible for the project shall ensure that at least 70 percent of the craft labor workers employed on the project shall be comprised of either journeyperson workers who have successfully completed a Class A Apprenticeship Program as defined in this section of this ordinance or apprentices registered in such programs. The apprenticeship participation must be in the same trade or craft for which the workers are employed on the project.
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) 
Prior to execution of a final contract under this ordinance, 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 for a period of five (5) calendar days after the issuance of the contractor responsibility determination.
(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.
If none of the bidders meet the above requirements the Township may reject all bids and reinitiate the bidding process.
(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.
In addition, notice of the hearing shall be posted in the Township Building at least 24 hours in advance of the hearing.
(g) 
In the event that the contested withdrawal is subject to arbitration, the provision of the contract shall apply.
[Ord. No. 783, §§ 1, 2, 9-12-1977; Ord. No. 1000, § 2, 11-14-1988][1]
(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.
[1]
Editor's Note: See also § 1-9.
[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:
(1) 
The date of the quotation, the name of the contractor and the contractor's representative;
(2) 
The construction, reconstruction, repair, maintenance, labor, material, supply or service which is the subject of the quotation.
(3) 
The price and terms of payment.
(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.
[Ord. No. 1470, § 1,11-13-2006; Ord. No. 1500, § 1,4-14-2008][1]
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.