4-10 BIDDER REQURIEMENTS AND INSTRUCTIONS.pdf

Bidder Requirements & Instructions

BIDDER REQUIREMENTS & INSTRUCTIONS

1 Introduction

Montgomery Township is soliciting sealed bids from qualified suppliers/dealers for all labor and materials required to transport a John Deere 6120M tractor off-site, supply and installation of a LAFORGE PR5.5/6R front power take-off (PTO) and front 3-point hitch system, and an 11-foot or 12-foot 3-point hitch mounted hydraulic angle snowplow, including any required adapter kits, hardware, and integration with an existing John Deere 6120M tractor, and transport of the tractor back to the Township.

Bids must meet all specifications and be delivered/performed as described herein.

2 Intent & Scope of Work

The intent of this request for bids is to acquire equipment that meets or exceeds the performance, quality, compatibility, safety, and durability requirements as outlined. The supplier shall:

• Provide all parts, materials, labor, tools, equipment, freight, and incidentals.

• Supply and mount the front PTO and front 3-point hitch system.

• Install/adjust the front hitch and PTO to fully integrate with the John Deere 6120M tractor’s hydraulics and driveline.

• Provide a compatible 11-foot or 12-foot, 3-point hydraulic angle snowplow and necessary mounting hardware.

• Perform testing and demonstration upon completion.

• Provide operator/user manuals, warranty information, and training.

3 Bid Submission Requirements

3.1 Bid Bond

Bids must be accompanied by a certified check, bid bond, or irrevocable letter of credit in the amount of ten percent (10%) of the total bid amount. The form included with bid documents, or a form approved by the TOWNSHIP, shall be used by the Contractor.

3.2 Agreement of Surety

Each bid must be accompanied by a completed, signed, Agreement of Surety. The form included with bid documents, or a form approved by the TOWNSHIP, shall be used by the Contractor.

3.3 Performance Bond

Each bid must be accompanied by proof, from firm qualified to issue bonds in Pennsylvania, that the Contractor will be able to supply a performance bond equal to one hundred percent (100%) of the bid amount for the term of the award within ten (10) days of the bid award. The form included with bid documents, or a form approved by the TOWNSHIP, shall be used by the Contractor.

3.4 Payment Bond

In accordance with the Pennsylvania Codified Statutes, Contractor at its expense, will furnish a payment bond, or payment escrow account, to the TOWNSHIP equaling one-hundred percent (100%) of the full amount of this Agreement. The form included with bid documents, or a form approved by the TOWNSHIP, shall be used by the Contractor.

3.5 Non-Collusion Affidavit

Each bid must be accompanied by a completed, signed, and notarized Non-Collusion Affidavit. The form included with bid documents, or a form approved by the TOWNSHIP, shall be used by the Contractor.

3.6 Bidder Qualification Statement

A. Each bid must be accompanied by a completed Bidder Qualification Statement, with all necessary supporting documentation. The form included with bid documents, or a form approved by the TOWNSHIP, shall be used by the Contractor.

B. Contractor must have been in business for a minimum of five (5) years and have a minimum of three (3) years of fleet experience. Three to five current references are required.

C. Contractor must demonstrate:

1. Certification or authorization to sell/install LAFORGE products (or approved equal).

2. Experience installing front PTO and 3-point hitch systems on John Deere tractors.

3. Ability to provide warranty and after-sales support.

4. Proof of insurance and business license.

3.7 Bid Form

The Bid Form is provided on PennBid and is to be submitted electronically via the PennBid website. Refer to the “How to Submit a Bid” guide on the PennBid website for instructions and guidance <https://pennbid.net/vendor-training-documents/>.

3.8 References

Each bid must be accompanied by a list of references. References should include the company/business name, contact person, and contact phone number. This information can be provided in the Bidder Qualification Statement.

3.9 Insurance

A. Throughout the life of this Agreement, the Bidder shall pay for and maintain in full force and effect with an insurance company(ies) admitted by the Pennsylvania https://pennbid.net/vendor-training-documents/

Insurance Commissioner to do business in the Commonwealth of Pennsylvania and rated not less than A in the most current available Best's Key Rating Guide (Property- Casualty), the policies of insurance provided in the Agreement.

3.10 Indemnification

Contractor, for itself, its successors and assigns, hereby agrees to indemnify, defend and hold harmless TOWNSHIP and the TOWNSHIP’s officers, directors, employees, elected officials, successors and assigns as included in the Agreement

3.11 List of Subcontractors

No subcontractors are permitted under this contract.

3.12 Government Requirements

Bids shall be submitted on the basis of full and total compliance with all Federal and State laws, regulations, statutes and requirements pertaining to the Work.

3.13 Steel Products Procurement Act

CONTRACTOR shall comply with the Steel Products Procurement Act (P.L. 6, No. 3 enacted March 3, 1978).

3.14 Public Works Employment Verification

CONTRACTOR is advised that this project is subject to requirements of the Public Works Employment Verification Act (P.L. 1086, No. 127 enacted July 5, 2012) if the Contract Price exceeds $25,000. CONTRACTOR shall comply with the requirements of the Public Works Employment Verification Act, including submission of the Public Works Employment Verification Form included with these bid documents to the TOWNSHIP if the Contract Price exceeds $25,000.00.

4 Instructions to Bidders

4.1 Evaluation of Bids

This “Instructions to Bidders” (“ITB”) constitutes only an invitation to submit responsive and responsible bids to Montgomery Township, Montgomery County, Pennsylvania, (TOWNSHIP).

B. Notwithstanding any other provisions of this ITB, the TOWNSHIP reserves the right:

1. to determine, in its sole discretion, whether any aspect of a bid satisfactorily meets the criteria established in this ITB

2. to request additional information from any bidder to investigate and ascertain the bidder's capability, reliability, and responsibility to perform this Contract

3. to waive immaterial defects in any bid

4. to reject any or all bids with or without cause

5. to reject any bid which does not comply with this ITB

6. to re-advertise for new bids

7. to reject any bid which appears to be unbalanced, fraudulent, deceptive, misleading, unfair, not in good faith, or which takes undue advantage of the TOWNSHIP or the Contract; and

8. to take any action which the TOWNSHIP deems appropriate.

C. The TOWNSHIP intends to take action and select one bid which, in the sole opinion of the Township Board of Supervisors, is most favorable to the taxpayers of the

TOWNSHIP.

D. The procedures set forth in this ITB are for the convenience of the TOWNSHIP only and shall not give rise to any right in any person.

E. In the event that a contract is not awarded for any reason or that this bid is withdrawn for any reason, the TOWNSHIP shall have no liability to any bidder for any costs or expenses incurred or lost profits in connection with this bid or transactions contemplated by this ITB, or otherwise.

F. No proposal will be considered from any person, firm or corporation, who has defaulted in the performance of any previous contract or agreement made with the TOWNSHIP or who has conclusively shown to have failed to perform satisfactorily such contract or agreement.

4.2 Bid Evaluation Criteria

Bids will be evaluated on:

A. Compliance with Technical Specifications.

B. Total Cost.

C. Warranty coverage.

D. Delivery and installation schedule.

E. Vender experience and references

4.3 Bid Documents

The biding documents include the following: advertisement or invitation to bid, Bidder Requirements & Instructions, Bid security of acceptable form, if any, the Bid Form with any supplements (PennBid on line Bid Table), the PennBid Questionnaire, Bidder Qualification Statement, Non-Collusion Affidavit, Agreement of Surety Company, Agreement, Performance Bond, Payment Bond, Certificate of Insurance, Contractor’s Affidavit, Contractor’s Release of Liens, Consent of Surety to Final Payment, the Public Works Employment Verification Form, and any Addenda issued by the TOWNSHIP.

4.4 Bid Security

Bid security in the amount of ten percent (10%) of the Total Amount of Bid shall accompany all bid proposals. The required security must be in the form of a certified or bank cashier’s check made payable to Montgomery Township, irrevocable letter of credit, or a bid bond issued by a surety licensed to conduct business in the Commonwealth of Pennsylvania and names in the current list of “Surety Companies Acceptable on Federal Bonds” as published in the Federal Register by the Audit Staff Bureau of Account, US Treasury Department. The Bid Security of the successful bidder will be retained until the bidder has executed the agreement and furnished the required Contract Security, whereupon it will be returned; if the bidder fails to execute and deliver the Contract and furnish the required Contract Security within ten (10) days of the Notice of Award, the TOWNSHIP may annul the Notice of Award and the Bid Security of that bidder will be forfeited. The Bid Security of any bidder who the TOWNSHIP believes to have a reasonable chance of receiving the award may be retained by the TOWNSHIP until the earlier of the seventh day after the executed Contract is delivered by the TOWNSHIP to the Contractor and the required Contract Security is furnished or the sixty-first (61) day after the Bid Opening, Bid Security of other bidders will be returned within fourteen (14) days of the Bid.

4.5 Late Bids

Late bids will not be accepted.

4.6 Withdrawal of Bids

Each and every bidder who submits a bid specifically waives any right to withdraw that bid for sixty (60) days, unless the bidder submits credible evidence that the reason for the price bid being substantially lower was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional and substantial arithmetical error or any unintentional omission of a substantial quantity of work, labor, material or services made directly in the compilation of the bid; provided, that: (1) notice of a claim of the right to withdraw such bid is made in writing with the contracting body within two business days after the opening of bids; and (2) the withdrawal of the bid would not result in the awarding of the contract on another bid of the same bidder, his partner or to a corporation or business venture owned by or in which he has a substantial interest. No bidder who is permitted to withdraw a bid shall supply any material or labor to, or perform any subcontract or other work agreement for any person to whom a contract or subcontract is awarded in the performance of the contract for which the withdrawn bid was submitted;

without the written approval of the contracting body; all in accordance with the provisions of Pennsylvania Act 4 of 1974, as found at 73 P.S. Section 1602 et seq, regarding Public Contracts - Withdrawal of Bids

4.7 Information and Submission Irregularities

Proposals or bids which contain erasures, alterations, conditional bids, omissions, or irregularities of any kind may be rejected as informal.

4.8 Addenda

Any inquiries regarding this Bid must be submitted online via PennBid. Any additional information, deletions, or clarifications will be sent to all potential Bidders as a written addendum to the Specifications, and as such shall become an integral part of the Specifications and subsequent contract.

4.9 Changes, Award, and Rejection of Bids

The TOWNSHIP reserves the right to waive, change, add, or delete any terms or conditions of this Bid. The TOWNSHIP reserves the right to reject any or all proposal or portions of proposals submitted in response to this Bid. All Bids become the property of the TOWNSHIP. The TOWNSHIP reserves the right to use, for its benefit, ideas contained in the proposals submitted. The TOWNSHIP is not liable for any costs or any damages that may be incurred by a Contractor(s) or prospective Contractor(s) in the preparation, formulation, or presentation of a proposal(s). In case of ambiguity or lack of clarity, TOWNSHIP may adopt such interpretations as may be advantageous to TOWNSHIP. The TOWNSHIP may, in its discretion, request Contractors to make an oral presentation to TOWNSHIP and/or its designee(s) in support of their proposals. Upon review of Bid, TOWNSHIP may select the proposal or proposals that, in its judgment, are most advantageous to TOWNSHIP, and thereupon select the Contractor or Contractors with whom to negotiate a contract or contracts. Such determination shall be solely at the discretion of the TOWNSHIP.

4.10 Quantities

This contract is a lump sum fee for a complete, operational assembly as further described in the technical specifications.

4.11 Bonds

A. In accordance with the Pennsylvania Codified Statutes, Contractor at its expense, will furnish a performance bond, or performance escrow account, to the TOWNSHIP equaling one hundred percent (100%) of the full amount of this Agreement. Failure to fully perform the Specifications will result in the forfeiture of these funds to the

TOWNSHIP.

B. In accordance with the Pennsylvania Codified Statutes, Contractor at its expense, will furnish a payment bond, or payment escrow account, to the TOWNSHIP equaling one hundred percent (100%) of the full amount of this Agreement.

4.12 Tax Exemptions

A. Contractor will be responsible for the payment of all Excise, Sales, or Use Taxes, and all other taxes required by law on all labor, materials, tools, apparatus, equipment, fixtures, and incidentals which Contractor purchases or uses for the purpose of fulfilling the work.

B. Tax Exemption. Contractor may purchase equipment, materials and supplies exempt from tax through the use of an Exempt Purchaser's Certification and Sales and Use Tax Exemption Certificate furnished by TOWNSHIP if the equipment, materials and supplies being purchased will be directly used in this project, including restoration activities which are directly associated with and necessary to complete this project.

C. Contractor, in preparing his proposal, shall ascertain those items that will be tax exempt in accordance with Commonwealth of Pennsylvania Law and Department of Revenue Regulations. TOWNSHIP shall not be responsible for additional payments to Contractor for any tax payments for those items not tax exempt.

5 Signing of Agreement

When the TOWNSHIP gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement to the Township with the required Bonds and insurance certificate(s). Owner shall deliver one fully signed counterpart to Successful Bidder within sixty (60) days of the date of the Notice of Award.

6 Equipment and Supplies

All labor, materials, supervision, equipment, and supplies required for the performance of this work shall be furnished and maintained by Contractor.