[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:
A.Â
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.
B.Â
All plans and specifications shall be on file at least
ten (10) days in advance of opening of bids.
C.Â
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.
D.Â
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.
E.Â
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.
F.Â
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.
G.Â
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.
[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.
