County of Montgomery

County of Montgomery
COMMISSIONERS
JAMES R. MATTHEWS, CIIATRMAN
JOSEPH M. HOEFFELIII
BRUCE L. CASTOR, JR.
DIRECTOR OF PURCTIASING
Purchasing
P.O. Box
3ll
Norristorvn, PA 19404
Phone: 610-278-3037
Fax: 610-278-3086
October 16,2008
Bergey's Chevrolet of Zieglerville
Amy Lynn Marsfield
1207 N. Gravel Pike
P.O. Box 276
Zieglerville, PA 19492
Re: Vehicle Serrricing
and./or Repairs
Pre-Qualify Bidders for used Vehicles Solicitations
The contract covering various servicing, vehicle inspection and emissions, and
minor repairs and for the purchase of used vehicles under $10,000.00, has been extended
for one (l) additional year period, ending November 28,2009, with no increase price.
Please use our Purchase Order #29446-0-MC covering the extension of this
contract in any ':orrespondence and in invoicing.
Thank you for your cooperation in this matter.
COUNTY OF MONTGOMERY
F. Thomas Snyder,
Director of Purchasing
FTS/rn
C: Tom Schneirler, Fleet Departmerit
COUNTY COMMISSIONERS
October 2,2OO8
lii liïr'i.il'ùiiii¡rii=iì
o8-c. 362
On motion of Mr. Hoeffel, seconded by Mr. Castor, it was unalimousiy
adopted that
WHEROaS, the Commissioners have previously adopted
Resolution #O7-C.431 awarding contracts to Beigey's Chevrolet of
ZieglewilIe, PA, Keyser Míller Ford of Collegeville, PA and Lankford Buick
Pontiac GMC of Conshohocken, PA, for various servicing, inspection,
emissions and minor repairs,. for a period of one (1) year, ending
November 28,2OO8; and
IÃIHEREAS, the contract provided the County with options to
extend the contract for two (2) additional one year periods; and
\ÃIHEREAS, Bergey's Chevrolet of ZieglewlTle, PA and Keyser
Miiter Ford of Collegevilie, PA have agreed to extend the contract with no
increase in price and Lankford Buick Pontiac GMC of Conshohocken, PA
has agreed to extend the contract per attached increase; and
IÃIHEREAS, the Pu¡chasing Department, with the
recommendation of the Fleet Manager, agree to extend the contract for a
first additional one (1) year period, ending November 28, 2OO9.
NO\á THEREFORE BE IT RESOLVED, that the contracts of
Bergey's Chevrolet of Zíeglerville PA, Keyser Milier Ford of Collegeville,
PA and Lankford Buick Pontiac GMC of Conshohocken, PA, be extended
for a hrst additional one (1) year period.
C:
File
Controller
Purchasing
Finance
Department
B e r g e a' s
ci'i'ì'i*iiii'r+niii:ii
Bergey's Chevrolet of Zieglerville
Routes 29 & 73, PO Box276, Zìeglerville, PA 19492
Phone 610-287-7895 Fax 610-287-0514
.
www.bergeys.com
September 11, 2008
In reply to: Vehide Servic¡ng and/or Reapirs Contract #29446{-MC
F. Thomas Snyder
County Of Montgomery
Director of Purchasing
ATTN: F. Thomas Snyder
PO BOx 311
Norr¡stown, PA 19404
Dear F. Th9¡¡¿5 5¡y¿9,'
Bergey's Chevrolet of Zieglerville would like to extend out ContracVPurchase Order #29446-0-MC
with the County of Montgomery. Our prices for the 2008 year will remain the same for the 2009
year.
Any questions pìease feel free to contact.me at 610-287-7895.
//
I
a
ørøi //tøltdl*(
Thankyou,
A,
,{rrfy L. Mansfeld
Service Manager
Bergey's Chevrolet of ZieglerviÌle
alm
'\
i¿îrq¿ Õ lrc nr, -t :, ' 'ì,
o
COUNTY OF MONTGOMERY, PENNSYLVANIA
#37314-4047-FTS/smw
p
CONTRACT FoR GooDS (EQUIPMENT, APPARATUS, ARTICLES, VEUICLES
OR PARTS IHEREOF, MATERIALS, SUPPLIES AND ALL OTHER TANGIBLE
PERSONAL I'ROPERTY) PURCHASED BY THE BIDDING PROCESS
this
L8 t(-'
.
day of
A.D.2007
Between the COLINTY OF MONTGOMERY, Pennsylvanîa, hereinafter called Party
the First Part,
This Agreement,
made
?1Of
of
and BERGEY'S CHEVROLET OF ZIEGLERVILLE, a Corporation, with principal place
of business at 1207 N. Gravel Pike, P.O. Box276, Zieglerville, PA 19492
hereinafter called Party of the Second Part.
WITNESSET.H, that the said Party of the Second Part, for and in consideration of the
payments here'inafter specified and agreed to be made by the Party of the First Part to the
said Party of the Second Part, hereby covenants and agrees to and with the said Party of
the First Part, to fumish and deliver all goocis requireci to be furnished and delivered,
being: Various servicing, vehicle inspection and emissions, and minor repairs for
Schedule C, (Chevrolet factory warranty work) and Schedule D, as required and
authorized by the County and pre-qualifies for the solicitation of fax quotes, for the
purchase ofused vehicles under $10,000.00, on an "as needed" basis, for one (1) year,
beginning with the issuance of a County purchase order, and
in strict and exact accordance with the bid, specifications and standard contract
requirements, which said bid, specifications and standard contract requirements are
hereby made a part of this Agreement by reference thereto as fully to all intents and
purposes and 1.o the same extent as though herein set out at length.
It is fuither
a¡peed that in case any of the said goods furnished and delivered under this
contract are r,3jected by the authorized or proper County Agent as unsuitable or unfit,
such goods so rejected shall be removed at once by the said Party of the Second Part, and
other goods of the proper kind and quality, and fully up to the requirements of this
contract, furnished in place thereof, to the satisfaction of County Agent, at the cost and
expense of the said Party of the Second Part; provided, however, that in the event Party of
?,5
the Second Part fails, neglects, or refuses to fumish the replacement therefore within
sixty (60) days after receipts of witten request so to do, County may purchase said
replacements and Party of the Second Pañ agrees to be liable for costs thereof.
The remedies herein provided shall be in addition to and not in substitution of the rights
and remedies which would otherwise be vested in the Party of the First Part under the
terms of this Agreement, including those contained in the bid. specifications and standard
contract requirements, all of which rights and remedies are specifìcally reserved by the
Party of the First Part.
Party of the Second Part shall at the time of execution of this contracf give such security
as shall be required by the County Commissioners to insure Performance of Contract,
compliance with Warranties and Guarantees of Party of Second Part, and Maintenance of
said equipment, where provided by specifications.
It is
agreed that this contract shall not be sublet as a whole nor shall any part thereof be
assigned or transferred and that no payment, or part payment, which may accrue
he¡eunder shall be assigned. The said Party ofthe Second Part avers and represents that
no such assignment or transfer of said contract has ever been made and that no payment
or paú payment, which may accrue hereunder, has ever been assigned. It is understood
that said averment and representation is a material inducement to the execution of this
Agreement by the Party of the First Part.
In consideration of the prernises, the said Party of ihe Fiisi Part hereby agrees to pay to
the Party of the Second Part for the said goods, the sums or prices set forth in the bid.
specifications and standard contract requirements incorporated herein and made a part
hereof by reference thereto.
The Party ofthe Second Part agrees to accept checks in payment as cash.
It is further distinctly urderstood and agreed that the total amount to be paid lor the said
goods to be supplied under this conÍac.t shall in no event exceed the sum of EACH
INDIVIDUAL PRICE AS PER ATTACHED LIST WHICH BECOMES A PART
HEREOF
The term "Party of the Second Part", as used in this Agreement, shall be construed to
include both singular and plural, and shall be deemed to include each and every of the
individuals, co-partnerships and corporations specifically named above and the¡e
designated as "Party of the Second Part". The masculine gender shall be deemed to
include the feminine and neuter genders.
All interpolations
and deletions were made before the signing hereof.
2
Ë,1'"du1. c
1.
- u"hi"l"s .nunufa"to..d bv G.n.rul Motors und ch.utol"t. Nonisto*
Hourly Labor
Rate
$
5.
Charge
Pennsylvania Emission, Flat Charge
Towing up to (15) Miles, Flat Charge
Oil Change, Flat Charge
6.
Automatic Transmission Maintenance, Flat Charge g
1.
Front Wheel Alignment, Flat
2.
3.
4.
u."4
Pennsylvania State InspectÌon, Flat
Charge
$
&,+D
$
S
$
$
$ g(4
8.
Rear Wheel Alignment, Flat Charge
9.
Manufacturer training and certification of all individuals performing work under this
N ârart
sch"dul" D
1.
2.
3.
4.
5.
6.
7.
8.
9.
- v"hicl"s
Hourly Labor
marufu"tur"d by G"ne.al Moto.r und chevrol"t. Gr""n Lao" area
Rate
$
Charge
Pennsylvania Emission, Flat Charge
Towing up to (15) Miles, Flat Charge
Oil Change, Flat Charge
Pennsylvania State Inspection. Flat
$
$
$
btJ
Qxw
ad.4Ò
u)
$
Automatic Tra¡smission Maintenance. Flat Charge $
Charge
Flat Charge
Front Wheel Alignment, Flat
$
Rear Wheel Alígnment,
$
Manufacturer training and certification ofall individuals performing wo¡k under this
m. the following
The parties hereto bind themselves, their hei¡s, executors, administrators and successors
for the faithfi-rl performance of this Agreement.
*"1'ï*
Attest
('EAL)
/.!-,
i
i.:
-11
,
-'v'
-,:.'
:..i't
,
Chief of Clerk
Montgomery County
Cì
BERGEY'S CHEVROLET OF ZIEGLERVILLE,
Signed, Sealed and Delivered
in the Presenc,e of:
a
Corporation,
(SEAL)
(x)
By
&s$wrungr<
(x)
Witness to Principal
Approved as lo Form:
//-)A
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!/ \- , ,-_-/l-'i
S"ti.itoT
#37314-4047-FTSlsmrv
KNOW ALL
a
IVTEN
BY THESE PRESENTS,
BERGEY'S CHEVRoLET OF ZIEGLERVILLE,
Corporation,
with principal place of business at 1207 N. Gravel Pike, P.O. Box276, Zieglerville, PA 19492
PRINCIPAL, and THE OHIO CASUALTY INSURANCE COMPANY, Fairfield, OH, PEnwtgoxix, as
SURETY, are held anrJ firmly bound unto COLINTY OF MONTGOMERY, Pennsylvania, and its successors and
assigns, as OBLIGEE, in the sum of TWO THOUSAND and 00/100 ($2,000.00) DOLLARS, lawful money of the
United States of America, for which payment well and truly to be made. rve and each of us, have hereunto and do
hereby firmly bind ourselves, our hei¡s, personal representatives, successors and assigns.
as
WHEREAS, Principal herein has entered into a contract or agreement in writing with COUNTY OF
MONTGOMERY, for Spec.4047, Vehicle Servicing and/or Repairs, whereby Principal did obligate itself to
furnish all materials, equipment, goods and labor necessary to, in a complete and rvorkmanlike manner, do said work,
as in said contract or agreement in writing more fully set forth, the same being fully incorporated herein by reference
with the same force and effect as if fully copied herein.
NOW THE CONDITION OF THIS OBLIGATION lS SUCH that if Principal shall rvell and truly do and perfbrm
all thosc things which he did by said written contract or agreement obligate himself to do, and shall in all respects
comply rvith the said recited contract, then this obligation shall be void and of no effect. Otherwise to be and remain
in full force and virtue.
IN WII-NESS WHEROF the PRINCIPAL and SURETY have
in their and cach of th,¡ir bchalvcs,
this 17
day
caused this instrument
to be duly cxecuted and sealed
of October , A.D. 2007
Witness:
BERGEv's cHEVRoLET oF zIEGLERVILLE,
â Corporation,
(SEi\L)
(Principal)
(x)
(x)
By:
(Witness to Principal)
(President)
The Ohio Casualty Insurance Company,
(Surety)
(x)
(x)
By:
(Witness to Surety)
(Attorney-in-Fact) Dor-tna M. Grogg
CERTIFIED COPY OF PO\MER OF ATTORNEY
THE OHIO CASUALTY IT{SURANCE COMPANY
WEST AMERICAN INSURANCE COMPANY
N0.38-836
AII MEN bY ThESE PTESENTS: Thâl THE OHIO CASUALTY NSURANCE COMPÀ\Y. åN OhiO COTPOT¿tiON. ANd ÑEST AMERICAT\ Ii\*SURANCÊ COMPANY.
ân lndiana Corporation. Pursuant to the authoily granted by A.tjcle III, Section 9 ofthe Code of Regularions and By-tnws ofThe Ohjo Casuatt-\' Insura¡ce Conpan),
and
Ñ'er Americâ¡ i¡surãnce Company. do hereby nominate. constitute and appoint Dorna M. Grogg, Rìbert L. Mi er, Patriciâ J. Tåvtor, Robert F. Iocco or Bårbarâ J.
KNOW
deed a¡v a¡d alì BONDS. Lj)¡DERTAKI¡-GS, ¿nd RECOGNIZtu\CES no¡ exceeding in any singìe
however. â¡y bond(s) or undeÍakingG) guarurteeing the pay¡enr ofrìotes ffìd jnrcres¡ ùereon
insrz¡ce TwO :!{ILLION (52,000,000.00) DO'LARS, ej(ctuding.
.nad been duiy execu¡ed and ack¡owledged by the ¡egularly elected omceß ofthe Compr¡ies ar rheir adminisrrative
ofnces in Fai¡feld, Ohiã, in rheir o*tr proper pårsons_
The âurhorir.v g¡a¡red h e¡eunder supeEedes â,1y pr€vious au¡hority hererofo¡e gmnted the above named anomey(s)-in-fact.
In ÏVf l ÑESS WHEREOF. thc u¡dersigned ofncer ofthe said The ohio C¿sualry lnsumnce Comp¿¡y a¡d west American lnsu¡a¡ce Company
has hereu¡to subscribed his nâme a¡d amxed the Corpo.ate Seâl of e3ch Compânyrhis
d*\
sr,rr'!!
þì.'.'¡\,/7or
,^
F\ stA
\.¡*gy'
tsth dây ofA,rgusr,2005,
L jJ/
\Q8ø
Ào^ 4o".-'r--,.sam l¿úrence, Assista¡t secrerâr-v
srATE oF oHIo.
COI]NTY OF BUTLER
thß lsth dâv of August, 2005 before the subsc¡iber. a Notary Pubìic of the S1âr€ of Ohio, in and lor rhe County of Burler, duly comnjssioned and quaiified. came Sam
La\\îence. Assista¡rt secrelâry of THE oHlo cÀsl ALTY NSU¿AiiCE CoMpÂ\y and wË.ST AMERICAN INSUR.\NCE CoMÞa\y, to me p€ßon¿ y kno\n
ro be úe
OD
his sìgnaturc as officer were duly afÌìxed a¡d subscÌibed ro the said insñment by rh€ aúh;rji_v and directìon
I¡I TESTIMo\Y \\TIER¡OF.l
have hereunto setmyhand ¿nd affixed
myofTicial
ofr¡;
Se¿i ar Ìhe City
said Co¡porârjons.
ofHamilron,
Srâte
ofohio
the day and year firsr above
\{r;fte¡
Aq J þ*f,tr
\otâry Public in
power of attome.v is granted under and by âuthoriq,/ of A¡rjct€
and West,{mencan Insurance Cornpå¡y, exFacts from which ¡ead
III
ånd for
CountyofButler
Srale
ofOhio
latiôns and Bv-fåws
4rticle III' Section 9 AÞÞoìnü¡ent of Ättomevs-in-Fâcl. The Chair_rnan oflhe Board, the p¡csidcnt, any vìce-presidenr, rhe Sec¡eÉry or any Assistant
Secretary
of the corporarion shall be aÍd ìs hereby lested \!irh fìrll power ãnd aurhodty to appoint attome¡rs_ìn_i;t for the purpose of signing the
nåme of the
corporatjon as surety io, ând to execute' attach the seal of the corporation to, âcknowledgcând d;ìiver any aniaìÌ
bonds, rccogni-nces, stipuùdoÃ, underrakings or
or the ol'ñcial representative thercoi or to any counly o¡ state, or aûy olficial board o¡ boards of any càunty o,
thereol, or to any otherpolitical subdivision thereof
itut", or th; unìted
srates àr
^meIjå
o. any ag"nc,u
This instrument is signed and seåled âs autho¡ized by the lollowing resolution adopted by the Boards of Direcrors of the ComÞanies
on october 21.2004:
RESOLVLD. Tlìal Ihe sisnàture ol any officer ol rhc Company aJlhoriTed under Aricle lll. Section q of is ôode ol Reeularions ¿nd Byla\\\
and the
Comp¿ny seal may be affixed by fâcsimile to any power olattomey or copy thereofissued on behâlfofthe company to mrt",
,""1 unc c.l;*i i". r"J"l ir,
"*".ur.,
aDl¡oriÐ'; ând to re'r'oke any such aPpointment. Such signahrres and seal are hereby adopted by the iompany as origiràl signatures
and seal and shall, rviih respect
âny bond. underlaking or other úTi$en obljgations in the nature thereof to which it js attached, be valid and bìnding upon the -Company
with the same lorce and eifect
s-4300
3/99
Assistant Sec¡etarv
to
as
ACoRD^ CERT¡F|CATE OF LtABtLtTy TNSURANCE
10t31107
HIs (;tsIt ¡II-ICATE IS ISSUED AS A MATTER OF INFORMATION
oNLy AND coNFERs No RIGHTS upoN THe cenlncÁre
HOL9,ER. THtS CERT¡FTCATE DOES NOT AMEND, EXTEND OR
ALTER THE covERÂGE AFFoRDED By rHF poirclss nç¡ nw
¡
BROWN & SROWN OF LV, INC
P O BOX 25001
Lehigh Vâlley, PA 18002-5001
800 634-8237
INSURERS AFFOROING COVERAGE
NAIC
ùetec¡tve wav (Select¡vêl
rNsuRER s: Americân Altematives lMccowenì
rNsuRÊRc: PA Manufacturers Assoc fPMÀì
rf¡suRER D: NAUOnat ì'Uretv fstate
I
rNsuRR A:
Bergey's, lnc. etal
462 HARLEYSVILLE PIKE
Franconia, PA 18924
12262
¡NSURER É:
THEPoLlclESoFlNsURANcELlS-IEDBELoWHA\EBEENlSsUED
ANv REOUIREMENT TERtvI oR coNDlrloN oF ANY coNTRAcr oR orHER ooèuile¡ii wrr¡r
nEspEct To wHÌcH -rHts CERTIFIoATE t\,r¡y aE ßsuED oR
N4AY PERTAIN THE INSURANoE AFFoRDED aY THE poLrciEs
DÊscRrBEo generñis -suzuecr ro ALL THE f ERr\4s, EXCLUS¡oNS AND coNDrrìoNS oF sucH
polrclES. ÀGGRÊGÁTE Lr[,,r-IS sHowN À4Ay HqvE
eee¡J nrouceo ay pÃro cLAiÀiò.
GEN
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GEN'L ÂGGREêAfE LIMIÌ APPLÌES PER:
PRODUCTS - COI,IP/OP AGG
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ÂIIIOMOBILE LIAêILIfY
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COMBINEO SìNGLELìMII
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Aqqreqate
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V./ORKÊRS COMPENSAÎON AND
EMPLOYERS LIAB¡LT¡Y
200600034987
07101107
07/01/08
ofHER Dealers
Physical Damage
5UU,U0O
Ê,L. EACHACCIDÊNT
AI,]Y PROPRIEÌOfu PÂRINER./EXECUII\,€
OFFICEFT'MEl\r8ER EXCLUDFD?
:.1. DISEASE -
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$67,815,000
$2,500 Comp Ded
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DESC RIPIION OF OPERÀTìONS
LOCAIIONS / VEHICLES ¡ EXCLUSIONS AOOED ÈY ENDORSEM ENf / SPECTA! PROVISIOÑS
'
This Certif¡cate of lnsurance
does not apply to RBL Leesing or Bergèy's Leasing.
30 Days notice of cancellation appl¡es except for non payment of premium wh¡ch is 15 days
in Pennsylvania.
Provided as evidence of ¡nsurance during policy term.
(See Attached Descriptions)
DANYOF IH
County of Montgomery
Pu.chasing Department
PO Box 311
E
ABOVE DESCRìBED POLICIES BE CANCELLEÐ BEFOREII{E EXPIRATION
TIJÈREoF, IHE ìssUING ¡NsuRÊR WLL ENDEÂVoR To
AÙTI]ORIZEO RÊPRÉSEI{TATIVE
@<^J--..-"1 of3
-j3L
ÞAYs wRfrÎEN
IMPOSENO OBLIGAI]ONOR LìÁAIUTY OF ANY KIND UPON THE¡NSI,RÉR, T'SAGENIS OR
Noristown, PA 19404
ACORD 25 (2001/08)
MÁìL
NOllCE IO-THE CÊRIIFICATE HOLOER NAIMEOTO TH€ LEFI, BUIFAILUREIO DO SOSHALL
IMPORTANT
lf the certificate holder is an ADDITIoNAL
on th¡s certificate does not confer righis to
lf
INSURED, the potiry(ies) must be endorsed. A statement
the certjf¡cate holder in lieu ofsuch endorsement(s).
SUBROGATION lS WAIVED, subject
require
an
endo¡sement.
A
to the terms and conditions of the poticy, certain poticies may
statement on th¡s certìficate does not confer rights to the cert¡fÌcate
holder in lieu of such endorsement(s).
DISCLAIMER
Ïhe Certificate of lnsurance on the reverse side of th¡s form does not const¡tute a contract between
ihe issuing insure(s), authorized representalive or-producer, and the cert¡fìcate holder, nor does it
aÍfirmat¡vely or negatively amend, e*end or alter the cove¡age afforded bythe polic¡es l¡sted thereon.
25-S
(200rl08) 2 of 3
#s263237 tM263114
DESCRIPTIONS (Continued from page 1)
Hold Harmiess Clause as requ¡red by contract: "The contrâctor shall also defend,
indemnity and hold harmless Montgomery County from and against any and all cl aims,
suits,
judgements and demands whâtsoever, includ¡ng but not l¡mited to costs,
lit¡gation
expenses, counsel fees and l¡abilit¡es w¡th respect to, ¡njury to, or death of, any person
or persons whatsoever or damage tO property of any k¡nd by Ìrhomsoever owned, ar¡s¡ng oUt
of or caused by the acts or omiss¡ons ofthe Contractor, any Subcontractor, or ãny other
person d¡rectly or ¡ndirec y employed by them, or any of them, while engaged in the
performance of the work or any acflv¡ty associated therewith or related thereto.- NOTE:
Policy terms, condit¡ons and exclus¡ons still apply and this hold harmless clause does not
amend the pol¡cy language.
AMS 25-3 (2001/08)
3
of 3
SPECIFICATIONS
FOR
VEHICLE SERVICING AND/OR REPAIRS
PRE-QUALIFT BIDDERS FOR USED VEIIICLES SOLICITATIONS
Montgomery County Commissioners
Court House
Norristown, Pennsylvania
Thomas Jay Ellis, Esq.
James R. Matthews
Ruth S. Damsker
Chief Operating Officer/Chief Clerk
Robert IV. Graf
Solicitor
Michael D. Marino, Esq.
Controller
Eric S. Kretscbman
Acting Director of Purchasing
F. Thomas Snyder
610-278-3037
Transportation Deparünent
Richard Flood, Director
610-631-3083
BIDDER:
Please list here your name,
address and tele;phone
ei¿¿",ßQøt
L.)'c Ch¿\ffÒ[t ÁT,er,Wrv ttV
ea¿,",,thf21(, rlZcl N 1fatlal P,V
Tecip(vttw lA lgqqt
relephone-þ[ù
-
'1115
Opening Date: August 23. 2007
Specifi catio
n:
#37 3 I 4-4047-FTSlsmw
ïYvw*Ü
SPECIFICATIONS
FOR
VEHICLE SERVICING AND/OR REPAIRS
PRT-QUALIFY BIDDERS FOR USED VEHICLES SOLICITATIONS
INDEX
PAGE
COVER PAGE
l
INDEX
2
COPY OF ADVERTISEMENT
J
INSTRUCTIONS TO BIDDERS
4-4-D-5-5D
SCOPE OF THE WORK
6-51 - 6-55
PROPOSAL FORM - SIGNATURE PAGES
'7
NON COLLUSION AFFIDAVIT
CONTRACT (SAMPLE)
PERTORMANCE BOND (SAMPLE)
(2)
- 1-4
INSTRUCTIONS TO BIDDERS
l.
Unless otherwise stated in the speciflrcations or ádvertisement, no deposit is required for speciñcations.
OUAIIFICATION OF BIDDERS
2,
Unless required to complete fho Questionnaire and Financial Statement as may be indicatod elsewhere in tliÞse
.
specifications, ail bidde¡s must be prepared to preseût suitable evidenoo oftheir finunðial
oding, and to fr¡mish a list of
"t
similar work recenlly completed.
-
3.
No verbal insi¡uctions o¡ i¡fo¡mation to bidders witl be binding. The specifications will be considered clea¡ and
complete unless w¡itten attèntion is called to any apparent disoropancies or incompleteness therool before the opening of
bids' Should any written inquiries be received by the Commissione¡s, these inquiries will be answered in the form of
bulletins and issued to all bidders. These bulletins shall then be cirnsidered a part ofthese specifications.
4.
Bids
will
be considered as conclusive evidence of complete examination ofspecifications and samples.
5.
A Proposal Form - Signahre Page is provided in these specifications. This form must be used in submitting
propôsal, and all pages ofthe form must be cornpletoly filled oug and the whole sig¡red by the bidcler.
6.
Each bid must be enclosed in a sealed envelope, clearly marked on the ourside, ,.BiD ON......" (See
Advertisement), and delive¡ed to the Office of the County Controller, Noristown, pemsylvania.
7..
No proposal may be withdrawn later tha¡ 10:30.A.M. on the day of opening ofbids. No modifications of any bid
be allowed after the same is sealed and delivered to the Controller. The proposals will be opened and read publicly
by the Commissioners or their Representatiye.
will
8.
The Commissioners of Montgomery Counb, reserve the right to reject any or all bids or parts thereof as deemed
to be in the best interest ofthe County.
g.
It
is understood that parties making bids accept the terms and conditions expressed and contained in the
specificatíons attached to the proposal submitted.
SECUzuTY DEPOSIT - REOUIREMENT ON BIDS EXCEEDING
10.
S25.OOO
No security deposit is required on bids the toral ofwhich is $25,000 and under.
1..
I
A,security deposit (bid bond with Power of Attomey attached, or certified good faith check drawn upon a bank
_
authorized to do business in the Commonwealth, or cash, or an inevocable standby letter of cred.it issued by a bank
authorized to do business in the Commonwealtþ in an amounf of 5% ofthe amount bid is required when the bid price is
in excess of $25,000. Said security must be made payable to the Commissioners of Montgomery County and must be
deposited with the County Controller prior to the deadline for bid submission. However, Ui¿ Uonar, ce¡tified checks and
Ietters of c¡edit may be enolosed with the proposal. The security deposit shall guarantee that the bidder will fully and
faíthfully comply with all terms of the proposal, and will enter into a formàl contract and give security in acco¡d-ance
tlierewilh.
12.
Bid Bonds must be covered with surety ofa company authorizod to do business in the Commonwealth of
Pennsylvania.
3.
i
The security deposit ofthe unsuccessful bidders will be ¡etumed as soon as the award is made, except that the
deposit ofthe second low bidder wilt be ietained until contract with the low bidder is signed and surety as requíred is
furnished.
Revised
0J/17i99
r4l
14.
In the ovent the successfirl bidder (when secwþ deposit is required) fails o¡ ¡ofiises to executo a formal conhact
and,to give surety as required within thirty (30) days after notice of acceptance ofhis bid" his security deposit may be
dccla¡ed forfeited as liquidated damages, the lefter of acceptance ofhis proposal rnay be revoke( and all obligations of
the Commissioners in connection herewith will be oanceled.
15.:. A security deposit in the required amount must be furnished in all bids when total price exceeds 525,000. No bid
falling in this category will be considered unless the securþ deposit is furnished in the required amount
FORM OF CONTRACT
16-
The successfiil bidder will be required to execute a written contract with tho Commissioners within (30) days after
notice of acceptance of his proposal. See specimen of Contraot and Bond Documsnts attached to speoificatiòns or in the
Purchasing Department. In the event the successful bidder fails or refi¡ses to execute a formal contract æ required within
(30) days after notice ofacceptance of his bid, the Letter ofAcceptance ofhis proposdl may be revoked, and all
obligations of the Commissioners in comection herewifh will be canceled.
PARTIES TO CONTRACT
-
Where the words "Commissioners", "Controller", "Purchasing Agenf', "Representative", and "Conhactor" are
used, they shall be unde¡stood to refer respectively to the Commissione¡s of Montgómery County, the Controller,
Purchasing Agent, Inspector or other persons designated in writing to represent the Commissionórs of Montgomóry
17
County, ard the individuals, firms or corporations with whom thg contracts are entered into fo¡ the execution ofthe work.
PERFORMANCE BOND,S WITH SURETY REOURED ON ÀLL BID CONTRACTS EXCEEDTNG $1O.OOO.
exc¡pr coNrnacts Fon puel-lc woRKs excspon{c ss.ooo. (ssp pÃRAcRAprI4q pacp s)
18. The successful bidder shall be required to firnish security (performance bond with Power ofAttorney aftached, o¡
oas\ or an irrevocable standby letter ofc¡edit issued by a bank autho¡ized to do business in the. Commoo*"ilth¡ in th"
àmount of50%o ofthe contract price, the condition of which shatl be the full and complete execution and perforÁance of
oaoh and all ofthe te¡ms contained in the contract, proposal, specifications and irstructions to bidders. Sàid security shall
me€t all the requirements of the Commissioners and must be acceptable to the County Solicitor. Bonds must be covered
with surety of a company authorized to do business in the Commonwealth ofperursylvania.
NOTE: Security is automatically required when the conhact price exceeds $10,000. Entire cost ofsurety shalt be paid for
by the Contractor
SPECIFICATIONÊ
19.
These specifications are intended to oover the Íì¡¡nishing of all materials and the perforrnance ofall work that may
be required or necessary for the complete performance ofthe confract, ard the Contractoi will be required to do all things
that may be necessary to.firlly complete the work within the purview ofthese specifications. Where
itans accompany
certain sections ofthe specifications, these shall be considered a part ofthese specifications.
INTERPRETATION OF SPECIFICATIONS
20.
Should a bidder discover discrepancíes in the specifications, fhe matter shall be at once brought to the attention of
the Commissioners ofMontgomery County, and the discrepancies corrected before pioceeding further.
2J-
All explanations, interpretations and irstructions required unde¡ these specifications will be given by the
.
Commissioners or their designated Representative on written request Íiom biddèrs.
EquiPment and/o¡ material to be fumished shall be new, hrsf-class, and shall meet wíth the approval ofthe
Commissioners, or their designated representative.
AII equipment and/or material shall conform to the requirements ofthese specihcations, and any equipment andlor
mate¡ial condemned by the Commissioners as not meeting these specifications shill at once be removei and ieplaced with
22.
23'
acceptable equipment.
Rev,06/09/00
rd-al
EXTRAWORK
24.
No exhas or additional work will be allowed or paid for unless such exhas or additional work a¡e o¡deied in
writing by the Commissioners, and the price fixed and agreed upon before such work is performed. The County wi¡
not accept any overruns no¡ will it pay any quantities beyond those specified.
ADDITIONS OR DEDUCTIONS
25'
The Commissioners of Montgomery County shall have the right, without invalidating the contract, to make
additions to or deductions ûom the work covered by these specifications, and in case such ãeductions or additions are
made, an equitable adjustrnent of the addition to or deductíon in cost shall be made befiveen the Commissioners and
t¡e Contractor, but must be agreed to in witing.
PROTECTION BY CONTRÁCTOR
26,
The Confractor agrees to indemni$ and save harmless.the Commissioners and their representative from all suits
or actions of every nature and description brought against them or either of them, on aocount of ttre use of patented or
copyrighted appliances, materials, products or processes, and ûo¡n all legal expenses and costs of suits reg}ding the
same.
27
The Contractor shall not ûansfer or sublet any portion offhe wo¡k covered by these specifications without
r+ritLen consent of the Commissioners.
PROPOSAL FORM
28.
As noted under "Instructions to Bidde¡s",... attached to these specifications is "Proposal Form-Signature page,,
which must be completely filled out and signed by each bidder.
29
NONCOLLUSION AFFIDAVIT: Every bidder must complete and execute (including verification) and submit
with (his) (her) (its) bid the Noncollusion Afüdavit which is included with this invitation to1id. Failure of any bidder
to provide this required Affidavit to the County may be grounds for disqualification of(his) (her) (its) bid.
30'
All bids must be sealed, marked, and delivered in acco¡dance with inskuctions in Paragraphs 5 and 6, page 4 of
these specifications. Bids will be opened and read publicly by the Commissioners after the tiäe set for detiverito the
Oftice of the Conholle¡ 5th Floor, One Montgomery Plaz¡, Nonistown, pennsylvania
DELryERY
3l ' In general, deliveries shall be F,O.B. destination at such times as may be lxed by the Commissioners, a¡rd shall
not be made_ except upon definite instructions by the Commissioners. See "SCOPE OF TIIE WORK,' for delivery
required under these present specifications.
DISPOSAL OF MÄTERIALS. SUPPLIES. ETC.. NOT AIPROVED
32
Bidders shatl understand that when materials, supplies, etc., have been delivered to thejob, which do not comply
with specifications and have not been approved, upon notihcatíon, the contractor shatl immediately remove f¡om the '
premises any such condemned material, supplies, etc., and replace them with material, supplies, etc.,
in fufl ¿cco¡dance
with the specifrcations.
PAYMENTS
33.
Payments shall be made to the Cont¡acto¡ within thirty (30) days ofreceipt of invoice, after inspection
and
acceptance ofthe material and/or w_ork by.an authorized representative ofthe Commissioners, and approval
ofthe invoice
by the Controller. Where partial delivery is made, i¡voice ior such part shalt be made upon aåtive.y,
àna payment made
vrithin thirty (3 0) days under conditions as above.
Rev.04/24l02
r4-Fì
ì
EXEMPTION FROM FEDERAI EXCISE AND PENNS\AVANLA, SAIES TAXES
3!
The County of Montgomery is oxempt from Federal Exoise Taxes
shown in the proposal shall exclude said Federal ¡¡d St¿te Tax amounts.
a.od
the Pennsylvania Sales Ta-x. Net prices
as
NOTE: This provision shall not appfy to construction, repair and./or maintenance contuacts whereunder bidder purchases
supplies, materials and/or equipment and includes costs ùe¡eof in computation ofhis bid or proposal.
AWARD OF CONTR,ACT
35-
The County reserves the right to accept or reject any or all bids or parts thereof,.and to award a contract
to the
lowest responsible bidder meeting the specifications
EOUIVALENCY CLAUSE
'36-
Where the use of a manufacturer's brand name and./or model number appear in these specifications it is intended
only to indicate that said b¡and name and/or model number is the minimum stanãard desired by the County of
Montgomery, Bidders desiring to bid on items other than those indicated shall state the brand name and./or model
number
upon which their bid is based.
It shall betlie bidders responsibility to prove to the County that said items
are equal to o¡ better t¡an those indicated.
Specification Documents, Literature, etc., shall accompany Bid Proposal. The iounty reserves the right to request
samples of items and/or requires a demonstration of same if appropiiate.
Failure to comply with this requirement may be cause for rejection ofbid,
ERROR IN EXTENSION
37.
Where an enor is made in computing tho extension ofthe per unit price to total price, the per unit price quoted
shall govern.
COI'I.ITYRIGHT
38.
The County reserves the right to accept or reject any or all bids or pafls thereofand ro awa¡d the contract as
determined to serve the County's best interest.
is
REJECTION OF BID
39.
é..bid, wlich-is incomplete, obscure, conditioned, or which contains additioñs not called for,
or irregularities
any kind, including alterations or erasures, may be rejected. A bid which is not accompanied by the
,
of
requireã security or
which is unsigned shall be rejected.
A Bid Bond, where required, which is unsigned by principal and surefy shall also be rejected.
A Power ofAttorney is required with all Bid Bonds.
OUANTITIES
40.
For all specihcations that contain more or less quantities, it shalt be understood and agreed
that quantities listed in
the specifications and Proposal Pages a¡e estimated onþ and may be increæed or dec¡eased
iã accordance with fhe actual
normal requirements ofthe County and that the County in accepiing any bid or portion thereof, conftacts
only and agrees
to purchase only the supplies, equipment and materiafs in suctr quantitiás as represent the actuál
requirernents
ofthe-
County.
Rev.0l/17l99
(4-c\
BIDDERS RESPONSEILITY FACTOR
In evaluaring Bid Proposals.or Bid Quotations, in addition to price, the CounÇ
may consider delivery time,
Íl:
.
bidders experience, past
record of bidder in meeting commitments anå any other geneial factors
that may be deemed
portinent to the best interests ofthÞ countJ._ The cõunty reserve.
tn" rigr,t r" r.a,?"siiii¿* tä."pprv additional
information prior to award of cont¡act should such a¡tion be deemed L"irr"
õ"rityr'u.i, ,rå."ìi]
CONTRACTOROBEY LAWS
42' Cont¡actor shall obey all Federal, state, courrty, Borough or_ Township laws or ordina¡ces in any way pertaining
to the requirements of the specificatiors, and shall obtain
uãa uu p".-it", urc., *r.i"n
-"y uììu""rrury.
"oy
PRE-BID CONIERENCE
' , A P¡e-Bid Conferencg, ifrequired, for the work to be conftacted. for und.er these speoifications, shall be scheduled
for the date, time and place listed on the Advertisement page.
43
PATENTED ITEMS
44' The conûactor agrees to save-the County, its agents or employeos, harmless from liability ofany nature or kiad,.
for ue of any bopyrighted or uncopyrighted compositião, .""r"t pro".rr, patented
or unpatented invention, articles o¡
appliances furnishéd or used in the performance òfthe contract fôr whicûihe contractor'is
n;; th; patentee, assignee or
Iicensee.
PERMITS
45'.
Should any permits be required by any governmental agency or authority for
rhe work, project or service called
for in these
specifications - said permir fé"r s-hall be obtained aia päia ror uy thä contracto¡.
STEEL PROCUREMENTACT
46'
Should the work under these.specifications require the use of Steel or Steel products,
bidders shall note that only
steel products produced ín the United States ofAmericà shall be used in the performan""
ofihe work ifcalled for in these
Cont¡act Documents. Bidders are required to familiarize themselves with the
Commonwealth of pennsylvania,s Act No.
1978-P.L.6 - No. 3, The Steel procurement Act, as it pertains to this requirement.
MOTOR VEHICLE PROCUREMENT ACT
shall supply only motor vehicles, which are manufactu¡ed in North
'.
America. Where specifications call
for the purchase or lease ofvehicles for^the counfy, the bidde¡ musr indi.;r;;;th;þ;"p*ãi'päg.'*"
a subsranrial
majority ofthe principal components ofthe vehicie upon which a bid propos"r
t
u"iol"oun l*i*^ âssembled into final
products in an assembly prant in North Ame¡ica. Bidãer shal
indieate prant rocation.
47
contracto¡
USED OIL PRODUCTS PREFERENCE
48'
.As provided for in the act of April 9, 1982 (P.L.3 14, No.89) known as the pennsylvania
Used oil Recycting Act,
the County and persons holding contraðts with the county iatl
encourage and, to the extent possible, require the
procurement and purchase of recycled oil products as
substantially equirialent io
kev. 03117 199
(4-D.)
ptoau"tquã" tom
new oil.
.SPECIALCLAUSES
qFRFORMANCE BONDS . LABORAND MATERIÁI BONDS - PL'BLIC WORK PROJECTS
49.Whe¡ethecont¡actcalls.fo¡thedoingandperfo"'ingìr@rthecomplete
performance ofthe cont¡act for the constn¡ctioq reconstrucfión, aìteration or repair
ofany publiã building or óther public
work or public improvement, including highway work, and whóre said contraot exoee¿, SS,OOì.OO, Ur",uocessf,lt
bidder
shail' within 10 days of notification thereof and, prior to award of contracl fumish to the Commissioners
of Montgomery
County a Performance Bond, and a Labor and Màte¡ial Bond, each with surety in the amount
oi100% ofthe contract
amount, which shall become binding upon the awæding of said contract to such conhactor. Both
bonds shall be
accompanied by a Power ofAttomey and must be covered with surety oia company authorized to
do business in the
Commonwealth of Pennsylvania. The Performance Bond shall be conditioned upon the faittrfrl performance
ofthe
contract in accordance with the plans, specificatiors and condition. The Labo¡ and Material Boni shall
be oonditioned for
the prompt payment ofall maferial fi¡mished and/or labor supplied in fhe prosecution of the work.
Entire cost ofbonds shall be paid for by the contracfor.
OU.A.LITYOF WORK
50. -The work shall be performed in a thoroughly workmanlike mamer and shall be conducted in accordance with the
instructions of the Commissioners of Montgomery County or their representatives *a
to tt eir satisfaction and
"o.pt"t"à
acoeptance.
CONTRACTOR'S COMPENSATION AND LIABILITY INSURÁNCE
5l .
The contractor shall maintain such insurance as will protect him f¡om claims under Workmen's Compensation
,dcts, and ffom aay other claims f9r da¡na_sos_
for lersonal injury including death, which may arise from opeåtions under
this contract, whether such operations be by himself
or by.any Áubcontractor or anyone d]rectly or indirectly emptoyed by
eithe¡ of them' He shall also be liable for anyand a1l damagã caused to persons una p.ope*y by.eason
of ány nìgligence
upon his own part or that of his agents or employees. certifrcates of such insurance ihail ¡e nÉ¿
witl ttre co-.i.r"iorrrr.
of Montgomery County, and sha[ be subjectto their approval for adequacy of protection. (See Scope of the Work for
insurance requirement.)
CONTRACTORS OBEYLAWS
52. . The conÍactor shall obey all Fed.eral, State, County, Borough or To*nship laws or ordinances in any wav
pertaining to the worh and shall obtain all permits that may be necãssary for its p;rformance
ifrequired.
(a) That in the hìring of employees for the performance ofsuch public works,
no contractor, subcontractor, nor any person
aoting on behalfofsuch contractor or subcontractor shall by reason ofrace, creed o¡ color áiscriminate
against any
of the United states who is qualified and able to perform the work to which fhe employment relates; (b)
"ition
ñor shallihey
in
any manner discriminate against or intimidate any employees hired for the performanoe of the
wo¡k on account ofrace,
creed. o.r. oolor;_(c) That there may be_deducted from the amount payable to ihe contractor
under this contoact a penaþ of
five do-llars ($5.00) for each person for each calendar day during wiich such person was discriminated against
or
intimidated in,violation ofthe provisions ofthe contract; ¡d¡ the contract may be canceled or terminated
by the
lr4ontgomery Counff Commissioners, and all money due, oi to become due heteunder may
be forfeited for a second or
subsequent violation ofthe terms or conditions ofthis portion ofthe contraçt.
LIENS
53.
The work herein contemplated being public work, no mechanics liens may be filed.
STNERINTENDENCE
54' The contractor shall be represented at all times.on the work by a competent superintendeni or foreman,
experienced in the kind of work covered by these specifications.
Rev. 0l/17l99
(5)
SIJFFICIENT FORCE
55' , The c^onnaaor shatl prosecute the work at all times with a force ofexperienced
completion of the
persons, suflicient to insure the
work within the time stipulated in the contract.
The contractor shall at atl times enforce snicf- di"ciptine and good order among
it's employees, and shall not employ on
!h¡ y1$-gry unät person, or anyone not skilled in the work äsigned to him oì her.
MÄTERIALS. APPLIANCES. ETC.
56 '
Unless otherwise- stipulated contractor shall provide an pay for all materials and labor,
water, fools, equipmen!
hansportatiòn and other facilities necessary for the exeoution andiompletion ofthe
work.
57',..^Unlessotherwisestipulatod,allmaterialand/orequipmentshailbenewandoffirst-classqualify.
cont¡actor
shall, ifrequired, frunish satisfactory evidence as to kind anå quality of materials.
58' If any materials andlor equipmcnt intended for use in the oónstruotion ofthis project has been inspected and
rejected after such items have been delivered to the site, alt such rejocted items shall
be immediately removed from the
property by the contractor. Ifthe contractor fails to remove such rðjected
materials unafor
promptly, the
' ''
commissioners wiil cause same to be removed by others, at the expense of the conhactor"qul-pÁ"nt
USE OF PREMISES - STORAGE
59' Conhactor shall confine jt's apparatusf storage of materials, and operation ofit's wo¡kmen to limits indicated by
law, ordinance, permits, etc'; or directións of the autÈorized ¡epresentatÌve, and shall
not unreasonably encumber thÞ
promises with it's matèrials (Before any work is undertaken, contracto¡ shall
consult with the authb¡ized Representative
and secu¡e from him the use ofsuch space as may be available for fhe storage of materials
and/oì equipment. cont¡actor
will be held responsiblá for any damage done in.ðonnection with the use ofihis tocatio; fo;;ì;;ge.)
Cont¡acto¡ shall not load or permit any part of the structure to be loaded with a weight that
will
its uarery
"iãäg"r
Cont¡actor shall enforce instructions of Commissioners authorized representative with ¡egard
to regulations about signs,
advert isements. hres, smoking, etc.
PROTECTION OF WORK. LIFE. PROPERTY
Conttu"tot thultì*tiouo lyãintuirr*udequate proteotion of if's work from damage, and shall protect
the
County's property from injury or loss a¡ising in conr-rection with this contract. lt sha[
such damage, injury
or loss except such as may be directly due to errors in fhe contract documents ot *u..a uy u!ånÃ
or employees ofthe
county lt-shall adequately pfotect adjacent property as provided by law and the .onttu"tioJur*nts. It shall provide
and
maintain all passageways, guard fences, lights and other facilities for the protection required
by public authorii, or local
condirions.
ACCESS TO ACCOLINTING RECORDS
60.
ÀakJó;-y
60A
The contractor shall check all materials, equipment and labor entering into the wo¡k a¡d
shall keep such full and
detailed accounts as may be necessary for proper financial management undei this agreemenq
and the system shall be
satisfactory to the owne¡. The owner ot its representative shall bi afforded access
tJalt ttre cántractor,s ¡ecords, books
correspondence, instructions, drawings, receipts vouchers, memoranda, a¡id similar
data relating to this contract, and the
contuactor shall preserve all such records for a period of three years, or for such longer perioJ
ai rnay b" requireã by law,
ãfter the frnal payment.
The-oontractor agrees to assign and transfe¡ to the owner all its rights to sales and
use tax which may be refunded
as a result ofa claim for refund for materials purchased in con¡ection witã this
contract. The contractor further agrees
that it will not file a claim for refi¡nd for any iales or use t¿x, which is the subject of
this assignment.
The contractor âg¡ees to include the "Access to Acc;unfing Records'iand .,Assignm"?
ãr n"n1na nigntr"
paragraphs, in full, in any contracts with subcontractors.
61' .
an emergency affecting the safety or life ofpersons, orthe work or àdjoining property,
conftactor, without
-. -In
special instructions or authorization from the Commissioners authorized r"pt"rråtrñ;;
i, úãr"úy p"rrnitt"a to act, at it,s
disc¡efion, to prevent such threatened loss or injury and it shall so act,
appeal iîso instrúcted or authorized. Any
compensation claimed by the contractor on account of emergency work¡vilhout
shall be åetemin.Jty trt" commissioners.
608'
60c'
F.ev.03117199
(5-A)
CONTRACTOR RESPONSIBILITY PROVISIONS
614.
Contractor csrtifies that
not cunently under suspension or debamrent by the Commonwealth, any other state,
^it_is
'
or the federal government, and ifthe
conhactor carxrot so certi$, then it agees fo .ut.it utonj*itt the úid/proposal a
writton explanation ofwhy such certification cannot be made.
618. lfconractor enters into subcont¡acts or employs under this contract any subcontractors/individuals who a¡e
currently suspended or debarred by the Commonwealth or federal govemment or who bocome suspended
or debaned by
the Commonwealth or federal government during the term of this oontract or any extension or renówals
thereof the
Commonwealth shall have the right to require the cont¡acto¡ to terminate such subcontracts or employrnent.
qry The contractor agrees to reimbutse the Commonwealth for the reasonable costs of investigation hcunecl by the
Office of Inspector General for investigation ofthe contractor's compliance with te¡ls ofthis or åny other agreemãnt
between the contractor and.the Commonwealth which result in the suspension or debarment of the contractor.
Such costs
shall include, but are not limited to, salaries of investigators, includingovertime; travel and lodging
expenses; and expert
'witness and doòumentary fees. The. cont¡actor shall not be responsibli for investigative ôosts fo"r invesìigations, which do
not result in the contmcto¡ suspension or debarment.
6iD.
"Bidde¡s shall famíliarize themselves with, and shall comply with all federal and state statutes, rules and
regulations dealing with the prevention of environmental pollution and the presewation ofpublic natural
resources that
affecf the project. These include, but are not limited, to those listed in the iommonwealth of pennsylvania
Deparúment of
Environmental Protection, general conditions for consfruction, section 4.10. Copies ofsection 4.10 a¡e available for
inspection in the County Purchasing Deparhnent_',
EOUAL EMPLO\}4ENT OPPORTUNITY
62.
Executive Order 11246
"During the performance of this contract, the contlacto¡ agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because
ofrace, color,
religion, sex or national origin. The oonftactor will take affirm;tiv; action to ensure that àppíicants are employed,
and
that employees are treated during emp_loyment, without regard to their raqe, color, religion, åex, or nationaiorigin.
suoh
action shall include, but not be limited to the following: employmen! upgrading, demõtion, or iansfer;
rec¡uitlent or
rec¡uitment advertising; layoff or terminatíon: rates ofpay or other forms of compensationj and selection for
training,
including apprenticeship. The contractor agrees to posì in conspicuous places, available to emptoyees and applicantã
for
employment, notices to be provided by the contracting offrcer setting forth the provisions of thís nondiscrimination
clause.
(2) In the event ofthe conhactor's noncompliance with the nondiscrimination clauses
ofthis contract or with any
of such rules, regulations, or orders, thís contract may be cancelled, terminated or suspended in whole or in part
and the
contractor may be declared ineligible for further Govemment contracts in accordance with procedures
authorized in
Executive Orde¡ No' 11246 of September 24, 1965, and such other sanctions may be imposed
and remedies invoked as
provided in Executive o¡de¡ No. 11246 ofseptemb er24,1965, or by rule, r"gol-ution,
oi orde. oith" Secretary ofLabor,
or as otherwise provided by law."
(3) In the hiring of employees for the performance ofwo¡k under tho contract or any
subconûact, no contractol
subcontractor or any person acting on behatfofthe contractor or subcontractor shall be reasãn
of ende¡ race, creed or
color discriminate against any citizen ofthis Commonwealth who is qualified and available to perform
the work to which
the employment relates.
-
(4) No contractor or subcontractor or any person on their behalf shall in any
manner discriminate against or
intimidafe any employee hi¡ed for the performancã ofwork under the contract on atcount ofgender,
race, creed or color
(5) The conhact may be canceled or te¡minated by the Counfy and all money
due or to become due under the
contrâct may be forfeited for a violation ofthe terms or conditíons ofthat porLion of the contract.
Rev.O3i
(5-B)
17199
LABOR-MANAGEMENT RELATIONS
:
' A' All employees performing work under this contractshall be.paid at leæt the applicable prevailing wages
for the respective occupation clæsificatioãs designated, as set iorth
in the mr;ir""- *"g.ì.rråå"ie attached for the
applicable part of the specifications, and shall be giveni leæt
the applicable collecti*r-il;;-,;;
for the
applicable craft, trade or industry in the PhiladelpÃia suburba¡
a¡ea on the date the specificJti"". à.."greement
issued. The
oontractor shall post the required minimum wage rates for each craft 11¿
.ræsi¡"utiãn inlrå.ìo".t *o
accessibte
places at the site ofthe work and at such places-where
"*ily
workmon are paid.
63
64' -B
Nondiscriminating Provisiq4: The conhactor agrees that he will comply
with the provisions ofthe
Pennsylvania Human Relations Act.itt providing equal employrient opportunities
i¡r Ëoinection with all wo¡k performed
by him at the job site pursuant to this còdract.
'
The Cont¡actor, therefore, agrees:
l
The cont¡actor will not discriminate or permit discrimiaation by
his agents, servants or employees against
any employee or applicant for employment with record 1o hiring, t"nut"
conditions or
privileges of employment at the job site co'vered by
this contraci, because of race,'c;Ë ¡"ìigi"r\;g. "rms,
or
national
origin,
and will take such afirmative action as in hereinafter set forth to prevent
same.
or.Àptyr;ï;;¿;;,1;",
2'
The contractor will, in all publicatiors or ad.vertisements for employees
to work at the job site covered by
this contract, placed by or on behalf oftheìontractor stare rhar all quatified
consideration for
employment without regard to race, color, religion, age or national
ôrigin.
appù;;;ill;;;ìJe
3
The cont¡actor wìll send to each labor union or representative
ofthe workers with which he has a
collective bargaining agreernent or other conhact or understanding
a notice to o, prouia"a uy trr. pennsylvania Hurnan
Relalions commission. advising the said labor union or workers representative
ofthe conkacïor's commitments under this
section, and shall post copies ofthe nofice in conspicuous places
available to r.r,
!-pråv.",
employment.
"rä
Jpplicants for
4'
The conhactor shall supply the County with a periodic report, called
a,,compliance Report,,, relating to
work-performed atthejob site under this cóntract as may be required
by tire r"nnsytvÀia l{uïä zurutio,r, commission.
The commission shall at all times have access to the employment
records
å:.ï#:1il:Ttlianoe
ofsaid contractor for purposes ofinvestigation
with rules, regulations, and o¡deis of the Pennsytvania Human Relations'commirrior,,
retaring to
5' The contractor shall insert the provisions ofsub-section c -1,2,3 and 4 of the above in all subcontracts
which are entered into by the contractor under ihis contract requiring *otL
á ú. ¿o* Jth;l"b i,ii", * covenants to be
bindíng upon such sub -contracto¡s.
Compliance by the contracto¡ with sub-sections c-1
!:.. hereunder,
,2,3, 4 and 5, above shall discharge the contraotor
^ ..liabilþ
from
relating to non-discrimínatory provisions of this agreeme*.
Rev. 04/24102
(5-c)
#3 73
SCOPÈ oF
1
4-4047-FTS/smw
iHE woRK
INTENT OF THE SPECIFICATIONS
1. It shall be the intent ofthese specifications to provide for various seruicing, vehicle
inspection and emissions, and minor repairs for County omed Ford, General Motors, and
chevrolet vehicles, as required and authorized by the county and to pre-qualifo bidders for the
solicitation offax quotes for the purchase ofused vehicles, under $10,000.00 on an as needed
basis, all in strict accordance with the following specifications.
SPECIFICATIONS
2
Bidders shall contemplate to provide various servicing, vehicle inspection and emissions,
minor repairs for County owned Ford, General Motors, and Chevrolet vehicles, as required and
authorized by the county, and to pre-qualify bidders for the soliciiation offax quotes for the
purchase ofused vehicles, under $10,000.00 on an as needed basis, which shall include all ofbul
not be limited to the following,
There are presently, approximately two hundred and fifty (250) cars, vans, and light
trucks owned by the County. The work to be perlormed under these specifications may include
state inspection and emission, wheel alignments, automatic transmission servicing (changing oil
& filter), changing engine oil and fìlter, lubrication, air filter replacement, fuel filter replacement
and minor repairs as required. All ¡outine maintenance work must be completed within one (1)
lvorking day. All work orders must be legible, and accurate mileage must be entered on each
order.
NOTE:
No rvork shall be performed by the successful bidder before he is
authorized to do so by the County Director of Transportation. The
County reserves the right to perform its own necessary repairs at any
time, by any means.
The successful bidder(s) must have the neoessary equipment and be able to perform all
servicing and repairs including but not limited to, wheel alignments, inspection and emissions,
and servicing (oil & hlter) automatic transmissions, all at one location. Subcontracting services
will not be permitted.
All bidders/contractors must be trained and certified by the manufacturer ofthe
vehicles covered by this contract.
All
parts and materials required in the perlormance ofthese specification shall be new
and listed as original equipment manufacture (oEM), with a 10% discount to the county on all
parts.
The total hours charged for any repair under this contract shall not exceed that published
by the vehicle manufacturer, or in absence thereof, that published in the chìlton Automotive
Manual.
The conditions to Pre-Qualify for the solicitation offax quotes for used vehicles, under
S10,000.00, on an as needed basis, shall be the full and complete execution ofeach and all ofthe
terms contained in the contract documents.
(6-51)
G:\PURCHASE\spec,1000-:1099\sp:l04Tvehiclemaintenance.doc
SCHEDULES
Schedule
A
Will cover an estimated (50) vehicles based in Noristown, Pennsylvania (County
Court House) and nearby areas.
Schedule
B
Will cover
an estimated (50) vehicles based in lhe Upper Perkiomen Valley
Park area.
Vehicles Manufactured bv General Motors and Chevrolet:
Schedule
C
Will cover
Schedule
D
will cover
an estimated (100) vehicles based in Norristown, Pennsylvania
(County Court House) and nearby areas.
an estimated (50) vehicles based in the Upper Perkiomen
Valley
Park area.
The successful bidder shall have facilities located within fifteen (i5) miles from the
Montgomery County Court House for Schedules A and C.
Schedule
E
To pre-qualify bidders for the solicitation of fax quotes for the purchase ofused
vehicles, under S10,000,00, on an as needed basis. Bid forms, on an as needed
basis will be made available to each bidder in good standing. Bids must be
returned to Rich Flood, Transportation Director, by 10:00 AM, on the date
specified or bid is disqualifìed. Legible facsimiles can be sent directly to Rich
Flood's Fax @610-63 1-3083
CONTRA.CT PERIOD WITH OPTION TO EXTEND
3.
The period ofthe contract to the successful bidder shall be for one (1) year, begiming
u'ith the issuance ofa County Purchase order. The contract may, by mutual written assent ofthe
parties, be extended for two (2) additional one year periods or portions thereof, up to a
cumulative total ofth¡ee (3) years.
Should the County desire to exercise this option, notification to the successful bidder
shall be given prior to the expiration of the contract. The successful bidder must respond within
I 5 days from said notihcation including proposed price adjustments, if any.
In the event ofpricing changes due to changes in prevailing costs of labor and materials
in the area, the successful bidder may submit a request for price adjustments in line with these
changes for the duration of the conüact extension.
The county reserves the right to accept or reject said proposed adjustments. should the
County reject said proposed adjustments, or if the successful bidder does not respond within the
prescribed 15 days, the contract will automatically expire at the end ofthe contract period.
DELIVERY
4.
Vehicles r.vill be delivered to and retumed from the vehicle servicing and repair facilities
by County empìoyees only.
Purchased vehicles
will
be picked up by County employees.
(6-S2)
BID PROPOSAL
4.
Bidders are required to quote all of the following items within each Schedule bid.
L
z.
3.
Labor rates - an hourly labor rate to include all overhead, fringe benefits, and
profrt.
Pennsylvania State inspection - per vehicle inspection and sticker.
Pennsylvania emissions - per vehicle test and sticker
BIDDERS
4.
5.
6.
7.
8.
9.
10
NOTE:
Items #2 and #3 above are for tests andlor inspections
ONLY, NOT the work the inspections indicate as
necessary.
Towing - a flat charge for up to (15) miles, (cars, vans, and light trucks).
Oil change - a flat rate to include new OEM oil, filter, and lubrication.
Automatic transmission maintenance - a flat charge to include draining and
replacing transmission fluid and filter with new OEM.
Wheel alignment - a flat rate for Íìont wheel alignments.
Wheel alignment - a flat rale for rear wheel alignments.
Manufacturer training and certification, the address where all work will be
performed.
Vendor address.
Schedule E bidders are required to provide vendor location and average used
vehicle inventory.
In addition, vendors shall indicate any prompt payment terms offered and if ACH
(Automatic Clearing House) payment is required.
AWARD
5. A contract (s) may be aw'arded to the lowest responsible bidder(s), meetíng all ofthe
requirements of the specifications on the basis ofthe hourly labor rate, with consideration given
to pricing of inspections, towing, oil changes, transmission maintenance, and wheel alígnment.
Consideration may also be given to the location ofthe bidders facility and its proximity
to the base station ofthe vehicles involved.
Note:
Contracts may be issued for facilities that have manufacturer
certif,rcation and training for Ford, Gene¡al Moto¡s, and CheYrolet
vehicles.
All bidders who qualify as responsible for Pre-qualification to receive fax quotes for
the purchase ofused vehicles, under $10,000,00, on an as needed basis will be accepted as such
and will be required to enter into a contract with the County including performance bond within
thirty (30) days from date ofnotification thereof.
Consideration may also be given to dealer location, model year, mileage, overall
condition, wananty and best value to the County for used vehicles.
WARRANTY
6.
The successful bidder executing a contract under the terms and conditions ofthese
specifications, warrants that the labor supplied shall be ofthe highest quality and that the parts
and material used are in accord with the original equipment manufacturer specified and shall be
(6_S3)
of the highest quality. In the event anv parts or material used in the performance of this cont¡act
are found to be defective or do not conform to the manufacturers= splqÉla1iellq. the countv
reserves the right to make the necessary changes. corection or repgilg@d lqþqqk çharge the
successful bidder for said expenses.
The temrs of the r.varranty for each used vehicle shall be provided with the facsimile
quotation.
PAYMENTS
7. Pa1'rnents shall be made to the successful bidder within thirty (30) days of acceptance by
the County and receipt ofinvoìce, and approval of the invoice by the County Controller.
ACH (Automatic Cleanng House) palment, automatic direct deposit, can be made to
your designated bank account.
CONTRACT AND PERFORMANCE BOND
8.
The successfui bidders shall, within 30 days of notification, finish a Perfomance Bond
in the amount of $2,000.00. This supersedes paragraph #1 8, Page 4-4.
Copies ofContract and Performance Bond which the successful bidder will be required to
execute are appended to the Proposal Form-Signature Pages and made a part hereol
BID BOND
9. No Bid Bond or Certified Check is required to accompany Bid Proposal for this
particular specificatron. This supersedes Items 10, 11,12, 13,14 and 15 on Pages 4 and
4A of Instructions to Bidders.
INSURANCE
10.
The successful bidder shall be required to carry liability insurance ofnot less than
1,000,000 for personal injury, S 1,000,000 for property damage and all other necessary
insurance including garage keepers liability. A cefiificate ofinsurance rvith a "Hold FIarmless
clause" lvritten on certificate, in favor of the coLrnty of Montgomery and cedificate of wo¡kers
Compensation in required amounts must accompany the sìgned contract and bonds.
$
HOLD IIARNILESS CLAUSE
1.
1
"The contractor shall also defend, indemnify and hold harmless Montgomery County from
and against any and all claims, suits, judgments and demands whatsoever, tncluding but not
lìmited to costs, litigatton expenses, counsel fees and liabilities with respect to, injury to,
or death ol any person or persons whatsoever or damage to property of any kind by whor¡soever
owned, arising out ofor caused by the acts or omissions of the Confactor, any Subcontractor,
or any other person directly or indirectly employed by them, or any of them, while engaged rn
the performance of the work or any activity associated therewith or related thereto."
The above clause is to be wntten on reverse side of certificate by the insurance company
indicating rhat this cor erage exists.
(6-s4)
CO\'IPLETION SLIP
12
The successful bidde¡ lvill be required to provide the dnver ofthe vehicle with a
Completion Slip showing the nature of the work done on the vehicle. Said slip must be retumed
by the driver to the usrng agency head for record purposes.
TERNIINATION FOR CONVENIENCE
13- The County may terminate the Contract at its convenience with advance written notice to
the successful Bidder.
In the event of such a termination by the County, the County shall be liable for the
payment of all Work properly performed prior to the effective date of termination and for all
poÍions ofmaterials, supplies, setwices, and facrlity orders which cannot be cancelled and were
placed prior to the effective date of termination and other reasonable costs associated rvith the
termination.
TERMINATION FOR NON OR POOR PERFORIVIAT\CE
1'4.
The County may termrnate the Contract for non or poor performance upon written notice
to the successful Bidder.
In the event ofsuch a termrnation by the County, the County shall be liable for the
pa)anent of all r.vork properly performed pnor to the effective date of termination.
REJECTION OF BID
15. A bid which is incomplete, obscure, conditioned or rvhich contains additions not called
for, or irregulanties of any kind, inciuding alterations or erasures, may be rej ected. A bid which
is unsìgned, shall be rejected.
SURETY OF BID BOND
16. Any Bid Bond rvhere required, which is used and submitted along rvith the proposal,
must be covered with surety of a company authorized to clo business in the Commonrvealth
of Pennsylvania, and must have attached power of attomey.
COUNTY RIGHT
11.
The County reserves the rìght to accept or rej ect any or all bids or parts thereol and to
arvard the contract as is determined to be in the County's best interest
NOTE:
SEALED BIDS NIUST BE IN THE CONTROLLER'S
OFFICE, ONE NIONTGONIERY PLAZA,5TH FLOOR,
NORRISTOWN, PENNSYLVANIA, NO LATER THAN
10:30 A.M. ON THE DATE SCHEDULED FOR BID
OPENING.
(6-s5)
SPEC#3 73 1 4-4047-FTS/smw
PROPOSAL FORM
SIGIíATURE PÀGES
/,
:
å,r,,..'rSiì -r,.. -. ,i' l¡.,;la, ,1..
')
.
lCo"ntiactor's Name)
oate i[uit,,,.r";l ì L ¡ ],L( I
Submirtedu¡
lo:
Commissioners of Montgomery County
Court FIouse
Norristown, Pennsylvania, 1 9404
Gentlemen:
This proposal is submitted in accordance with your advertisement invitìng proposals to be
received for the project identified as:
Providing Vehicle Sen'icing and/or Repairs and to Pre-Qualify Bidders for Used Vehicles
as required by the county of Montgomery, for approximately 250 units, lor a period of
one (1) yearHaving carefully examined the Advertisement for Bids, Bidding lnstructions, Scope of
the work, etc., hereinafter refened to as Specif,rcations, together with all addenda, errata,
bulletins applying thereto, and being familiar rvith the various conditions affecting the work, the
undersigned hereby agrees to furnish all materials, perform all labor, and do all else necessaÐ/ to
complete the wo|k in strict accordance with the specifications, for the prices as follows:
Schedule A
1
.
2.
3.
4.
5.
6.
7.
8.
9.
-
Vehicles Manufactured by Ford, Norristown area
Hourly Labor
Rate
$
Pennsylvania State lnspection, Flat Charge
Pemsylvania Emission, Flat Charge
$
Towing up to (15) Miles. Flat Charge
$
Oil Change, FIat Charge
Automatic Transmission Maintenance, Flat Charge
S
Front Wheel Alignment, Flat Charge
$
Rear Wheel Alignment, Flat Charge
s
Manufacturer training a¡d certification ofall individuals performing u'ork under thìs
contract has been received from the followins:
(1)
Schedule
10.
A - continued
Vendor Address
ScheduÌe B
.
2.
1
3,
4.
5.
-
vehicles manufactured by Ford, Green Lane area
Hourly Labor
Rate
$
Pennsylvania State Inspection, Flat
Charge
$
Pennsylvania Emission, Flat Charge
$
Towing up to
$
(1 5)
Miles, Flat Charge
Oil Change, Flat Charge
$
6.
7.
8.
9.
Automatic Tra¡smission Maintenance. Flat Charge g
t0.
Vendor Address
Front Wheel Alignment, Flat Charge
Rear Wheel Alignment, Flat
S
Manufacturer training and certification of all individuals performing work under this
contract has been received from the followins:
Schedule
1.
2,
3.
45.
6.
7.
Charge
c
vehicles manufactured bl'- General Motors and chevrolet. Norristown area
Hourly Labor Rate
$
Pemsylvania State Inspection, Flat Charge
s
Pennsylvania Emission, Flat Charge
$
Towing up to (15) Miles, Flat Charge
s
Oil Change, Flat Charge
$
Automatic Transmission Maintenance, Flat Charge
Front Wheel Alignment, Flat Charge
(7- 1)
s
s
i^,r
i-i .i.--r
lÌ-.'j";
+/'"/Ç
þ,-i
Schedule C - continued
8.
9.
s
Rear Wheel Alignment, Flat Charge
f1//4
Manufacturer training and certification of all individuals performing work unde¡ this
-"ff'
;ii,ïT::f iüi,HË;'?l,1,.,
n',
¿
'sú
Vendor Address
Qù,|?
Schedule D
-
f ii¡!
vehicles manufactured by General Motors and Chevrolet. Grqel Lane area
1.
Hourly Labor Rate
$
2.
Pennsylvania State Inspection, Flat Charge
$
3.
Pennsylvania Emìssion. Flat Charge
s
4.
Tot'ing up to (15) Miles, Flat Charge
$
5.
Oil Change, Flat Charge
6.
Automatic Transmission Maìntenance, Flat Charge s
7.
Front Wheel Alignment, Flat Charge
8.
Rear Wheel Alignment, Flat Charge
9.
Manufacturer training and certification of all individuals performing work under this
t has been received from, rhe follor,r ing
¿i,!{
C-i
l1;',u
r: n
(7
-2)
5"tu 2v¿
'lì
o-
L>
..
t_C
-,
i,r
a-./
schedr¡le E
-
Prequalifv for solicitation ofFax Quotes for used vehicles under s10.000.00
Vendor Address
1.
Vendor Address
Average used vehicle inventory
,/
Cur, -/ vun" l'
T*"k"
Prompt Payment Discount te
ACH(Automatic Clearing House) payment is requested
(Form will follow with contract documents)
_Yes
No
ln case this proposal is accepted, the undersigned is hereby bound to enter into contract
within thirty (30) days after receipt of notice of acceptance ofthe above. in accordance with the
specihcations.
(7-3)
SIGNATURE PA.GE
In case this proposal is accepted, the undersigned is hereby bound to corìmence and complete all ofthe
work included under this contract in such time and such manne¡ as desisnated for the various items
he has contracted to supply.
in submitting this proposal, it is understood that the uûestricted right is reserved by the Counfy to reject
any and all proposals or parts thereof,, or to waive an), informalities or techlicalities in said proposals, and it is
agreed that this proposal may not be withdrau.n for a period ofat least sixty (60) days ffom date of
opening thereof.
'fhe undersìgned hereby certifies that this proposal is genuine, and not a sham or collusive, or made in the
inte¡est o¡
i¡
behalf of any person, firm or corporation not herein named; that the undersigned has not directly or
indirectly induced or solicited any bidder to refrain from bidding, and that the undersigned has not, in any manne¡,
sought by coilusion to secù-re for himself an advantage over any other bidder.
FTRMNAME
?¿f':¿rI
srcNAruRE
! tlt/fL'-. r t:'i 7t ti :,¡,,('ç
f¡i'r
,i \
'h
-/"^^
/l
i
it.'li
PRINT/TYPE SIGNATURE
ln
OFFICIAL ADDRESS
nqçA
TAX IDENTIFICATION NU
Bidderwillstatebelowwhetherthebidisbyanindividual,partnership,orcorpoçrion.^..
...
.-+", )''- í 1- ) /
Bidder will state below the name ofthe Bonding Company to be used irr case ofaward, and name and
address of local aeent therefore
BoNDfNc covpaNy
r'
I
t)s {ti, tiCt:
/ (r
/
NAME OF AGENT
i¡Q/¿i t'i
ADDRESS
Check
_Certified
IntheamountofS-basedonatotallumpsumbidof$Accompanying this proposal is:
I
,,j
ó
Bid Bond
ADDENDA: Bidder
agrees that the following Addenda(s) issued during the bid period have been received and
considered in preparing this ProposaÌ; and, agrees that failure to acknowledge such Addenda (s) may be a basis for
rejection of bid.
Addenda
No. Date
Addenda
No
Date
BID MUST BE SIGNED FOR CONSIDERÁ,TION
ABSOLUTE ADHERENCE TO PROPOSAL FORM CLÄUSE IS REQUIRED
Rev.05/04
(7
-4)
L"/o
f/¿/'r{/'h
NONCOLLUSION AFFIDAVIT
,1N,.¡
ti.Lt i
I hereby afhrm that
t 'i
has ( ) has not (,2/been convicted or found liable for any act prohibited by Federal or State law in
jurisdiction involving conspìracy or collusion with respect to bidding on any public contract
any.;urisdiction
any
'/o,
r.vithin the last three years.
i'i,'.,l,
'i !
\
The bidder's statement on this Affidavit that (he) (she) (it) has been convicted or found
liable for any act prohibited by Federal or State law in any jurisdiction involving conspiracy or
collusion with respect to bidding o¡ any public contract within the lasf th¡ee years does not
prohibit the County of Montgomery from accepting a bid from or awarding a contract to that
person. but it may be grounds for administrative suspension or debarment in the discretion ofthe
County under the ¡ules and regulations adopted by County Ordìnance No. 99-1.
VERIFNCATION
-tl
ti'-,.i...,
t.,,'t,..'''..'
r
;..
,
verify that the statements made in the
Q.iame of Affiant)
foregoing Noncollusion Afhdavit are true and correct to the best of my knowledge or
Ìnformation and beliel I understand that false statements herein are made subject to the
penalties of 18 PA C.S. 54904 relating to unsworn falsification to authorities.
' ',i
././
/t
t
-./ /,/ l ,/
(Signature of Affiant)
03-17 -99
,/l
Ii.,"'
,'
coIINTy
OF MONTGOMERY, PENNSIT.,VÄNIÄ
CONTR.ACT FOR GOODS @QUIPMENT, APPARATUS, ARTICLES, VEHICLES
OR PARTS TT{EREOF, MATERIALS, SUPPLIES AND AIL OTTIER TANGIBLE
PERS ONAI PROPERTÐ PURCI{ASED BY THE BIDDING PROCES S
this
of
This Á,greement, made
day
A.D. 2007
Between the COUNTY OF MONTGOMERY, Pennsylvania, hereinafte¡ called party of
the First Part,
and
hereinafter called Parfy of the Second Part.
WITNES SETH, that the said Party of the Second Part, for and in consideration of the
palments hereìnafter specified and agreed to be made by the Party of the Fi¡st part to the
said Party of the Second Part, hereby covenants and agrees to and with the said pa¡ry of
the First Part, to fumish and deliver all goods required to be fumished and delivered,
being:
ffiæffiffiåæ
in shict and exact accordance with the bid, specifications and standard contract
requirements, which said bid, specifications and standard contract requirements are
hereby made a part of this Agreement by reference thereto as fully to all intents and
purposes and to the same extent as though herein set out at length.
It is further agreed that in
case any of the said goods fumished and deiivered under this
cont¡act are rejected by the authorized or proper county Agent as unsuitable or un_fi!
such goods so rejected shall be removed at once by the said Pa¡ty of the second part, and
other goods of the proper kind and quatþ, and firlly up to the requirements of this
contract, furnished in place thereof, to tlie satisfaction of County Agent, at the cost and
expense ofthe said Party of the second Part; provided, however, that in the event party of
the Second Part fails, neglects, or refrrses to fumish the replacement therefore within
sixty (60) days after receipts of written request so to do, County may purchase said
replacements and Party of the Second Part agrees to be liable for costs the¡eõf.
The remedies herein provided shall be in addition to and not in substitution of the rights
and remedies which would otherwise be vested in the Parry of the Fi¡st part under the
tems of this Agreement, including those contained in the bid, specifrcations and standard
conhact requùements, all of which rights and remedies are specifica y
reserved by the
Party of the First Part.
Party ofthe second Part shall at the time of execution of this contract give
such security
as shall be required by the co*nty commissione¡s to insu¡e performLce
of contrai,
compliance with warrânties and Gua¡antees of party of Second part, and
Maintenance oá
said equipment, where provided by specifications.
It is agreed that this contract shall not be sublet as a whole no¡ shall any part the¡eof be
assigned or hansferred and that no palrnent, or part palment, *bl"i,
nruy u""*,
hereunder shall be assigned. The saìd party of the seìond part avers and
represents that
no such assignment or transfç¡ of said confoact has ever been made and thaino pa5.rnent
or part palment, w'hich may accrue he¡eunder, has ever been assigned. It is
unàeistood
that said averment and representation is a material inducement to the execution
of this
Agreement by the Party of the First part.
ln consideration of the premises, the said party of the Fi¡st part hereby agrees to pay to
the Party of the Second Part for the said goods, the sums or prices r.t to.tt in ur" íia,
speciñcations and standa¡d contract requirements incorporateà he¡ein and made a
hereof by reference the¡eto.
The Party of the Second Part agrees to accept checks
in
pj
ent as cash.
It is furthe¡
goods to be suppl
The tenn "Parly of the second part', as used in this Agreemenl shall be construed to
b:ft singular and plural, and shall be deemed to inciude each and every of the
lt:l"f:
individuals, co-partnerships and corporatíòns specificany named above
thr*
designated as "Par[y of the second part". The masculine gender shall be deemed
to
include lhe feminine and neuter genders.
*ã
All interpolations and deletiorx
were made before the signing hereof.
The parties hereto bínd themselves, their heirs, executors, adminiskato¡s and successo¡s
for the faithlf performance of this Agreement.
Atte$t
COTINTYOFMONTGOMERY (SBAI)
By
ChiefofClerk
Montgomery County Commissioners
Signed, Sealed and Delivered
in the Presence of:
(SEAL)
By
P¡esidenf
Solicitor
Co-Partner
PERFORIV1ANCE BOI\'D
Know ÄlI Men By These presents,
thai
with principal place of business at
P
enrisylvani4 as PRINCIpAL, and
Pennsylvania, as SURETy,
a¡e held and fimaly bound unto CO
successors and assisns. as OBLIGEF. in fhc crm
DOLLARS, lalfrrl mon
be.made, we and each of us, have he¡eunto and
do hereby'Érmly bi"d
personal representatives, successors and assig¡s.
rs
---J
)**tw"U *¿,*rfrr"
åú;;, ;;;l;'
WHEREAS, Princþar herein hæ enteted into a conhact
or agreement in writing witb cotINTy
oF-MoNTcoMERy, whereby principar did obrigar,e itser¿ fimish a[
mate;ars,;qui;;enf
and labo¡ necessary to, in a complete and wo¡kmairike
mamer, do said work,
io
-"'
or agreement in writing more frrlly set forth, the same being
"ui¿
ñrliy incorpo.ut.á n"ãioÇ
refe¡ence with the same foroe and effect as if fully
copied ñerein.
*
ião*,
Now rHE coNDITIoN oF THIS OBLIGATION
IS sucH that if principar shail wel and
truly do and perform all those things which he did by said
written cont:act or agreement obrigate
himself to do, ¿nd sh¿lr in afl respecrs comply with the said
recited conh"",, ,hã;,t i,
shali be void and ofno effec¿ Otherwise tå be and remain
"ùric"ri""
in ftIl force
and vir¡re_
IN WITNESS WHEREOF the pRINCIPAL and SURETy have
executed and sealed in their and each oftheir behalves,
tlis
4.D.200
Witness:
caused this instrument to be
duy
o{-_,
SAMPLE
@rincipal)
By:
ffVitness to Principal)
(President)
(Co-Partner)
(Surety)
(Witness to Surety)
By:
(Attomey-in-Fact)
-(SEAI)
duly