Township of Cheltenham, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Cheltenham 1-18-1977 as Ord. No. 1404. Amendments noted where applicable.]
The procedure for competitive bidding of all contracts requiring such bidding under the Cheltenham Township Charter[1] shall be as follows:
Notice that bids will be received by Cheltenham Township shall be published in one (1) newspaper of general circulation, circulating in the township at least three (3) times at intervals of not less than three (3) days where daily newspapers of general circulation are employed for such publication, or, in case weekly newspapers are employed, the notice shall be published once a week for two (2) successive weeks. The first advertisement shall be published not less than ten (10) days prior to the date fixed for the opening of bids. Such notice shall contain full plans and specifications or refer to the place where copies thereof can be obtained and give the time and place when said bids shall be opened.
All plans and specifications shall be on file at least ten (10) days in advance of opening of bids.
On the date and hour fixed for the opening of bids, they shall be opened by the Township Manager and, after scheduling by the Manager and his staff, presented to the proper standing committee and Board of Commissioners.
Each bidder submitting a bid shall accompany said bid with a bid bond or certified check in an amount set forth in the notice to bidders. Said bid bond or certified check shall be forfeited in the event that the township accepts said bid and said bidder refuses to execute a contract.
The successful bidder, when advertising is required herein, shall be required to furnish bond with suitable reasonable requirements guaranteeing the performance of the contract, with sufficient surety, in the amount of one hundred percent (100%) of the amount of the liability under the contract, within twenty (20) days after the contract has been awarded, unless the Township Commissioners shall prescribe a shorter period of not less than ten (10) days. Upon failure to furnish such bond within such time, the previous award shall be void. Deliveries, accomplishment and guarantees may be required in all cases of expenditures.
Any person, copartnership, association or corporation entering into a contract with Cheltenham Township for the construction, erection, installation, completion, alteration, repair of or addition to any public work or improvement of any kind whatsoever shall be required, before commencing work under such contract, to execute and deliver to Cheltenham Township, in addition to any other bond which may now or hereafter be required by law for the use of any and every person, copartnership, association or corporation interested, in a sum not less than fifty percent (50%) and not more than one hundred percent (100%) of the contract price, as such township may prescribe, having as surety thereon one (1) or more surety companies legally authorized to do business in this commonwealth, conditioned for the prompt payment of all material furnished and labor supplied or performed in the prosecution of the work, whether or not said material or labor enter in and become component parts of the work or improvement contemplated. Such additional bond shall be deposited with and held by Cheltenham Township for the use of any party interested therein. Every such additional bond shall provide that every person, copartnership, association or corporation, who, whether as subcontractor or otherwise, has furnished material or supplied or performed labor in the prosecution of the work as above provided, and who has not been paid therefor, may sue in assumpsit on said additional bond, in the name of Cheltenham Township, for his, their or its use and prosecute the same to final judgment for such sum or sums as may be justly due him, them or it, and have execution thereon; provided, however, that Cheltenham Township shall not be liable for the payment of any costs or expense of any suit.
Bids which do not comply with all of the bidding requirements set forth in the notice to bidders may be rejected, and the Commissioners of the Township of Cheltenham may exercise their power of rejecting any and all bids.
Editor's Note: See § C1207C of the Cheltenham Township Charter.
[Added 9-18-1990 by Ord. No. 1721-90]
All contracts exceeding ten thousand dollars ($10,000.) shall be awarded after competitive bidding to the lowest responsible bidder where the township is purchaser and the highest responsible bidder where the township is seller, except that competitive bidding need not be required for those contracts set forth in Subsections (1) through (10) of § C1207C of the Cheltenham Township Charter.
[Added 9-18-1990 by Ord. No. 1721-90]
Written or telephonic price quotations from at least three (3) qualified and responsible contractors shall be requested for all contracts that exceed one thousand dollars ($1,000.) but are less than the amount requiring competitive bidding or, in lieu of price quotations, a memorandum shall be kept on file showing that fewer than three (3) qualified contractors exist in the market areas within which it is practicable to obtain quotations. A written record of telephonic price quotations shall be made and shall contain at least the date of the quotation, the name of the contractor and the contractor's representative, the construction, reconstruction, repair, maintenance or work which was the subject of the quotation and the price. Written price quotations, written records of telephonic price quotations and memoranda shall be retained for a period of three (3) years.
[Added 9-18-1990 by Ord. No. 1721-90]
Nothing in this chapter or in the Code of the Township of Cheltenham, as hereby amended, shall be construed to affect any suit or proceeding pending in any court, or any rights acquired or liability incurred, or any permit issued, or any cause or causes of action existing under said Code prior to this amendment.