HomeMy WebLinkAboutIFB 2026174-11 UPS Preventative Maintenance FINAL
INVITATION FOR BID
PREVENTATIVE MAINTENANCE AND SERVICE FOR UPS EQUIPMENT
COUNTY OF FRANKLIN, PENNSYLVANIA
County of Franklin, PA
272 North Second Street
Chambersburg, PA 17201
Table of Contents
INTRODUCTION ................................................................................................................................................ 1
1. GENERAL INFORMATION. ................................................................................................................... 1
2. DESCRIPTION OF THE GOVERNMENT ................................................................................................. 1
3. TIME REQUIREMENTS. ........................................................................................................................ 1
INSTRUCTIONS TO BIDDERS ............................................................................................................................. 1
1. PREPARATION OF BID. ........................................................................................................................ 1
2. AWARD AND EXECUTION OF THE CONTRACT. ................................................................................... 2
3. WITHDRAWAL OF BIDS. ...................................................................................................................... 2
4. RIGHT TO REJECT BIDS. ....................................................................................................................... 2
5. TERM. .................................................................................................................................................. 2
6. EXEMPTION FROM FEDERAL EXCISE AND PENNSYLVANIA SALES TAX. .............................................. 3
7. PROTECTION BY VENDOR. .................................................................................................................. 3
8. PRE-BID CONFERENCE. ........................................................................................................................ 3
9. QUESTION AND ANSWER PERIOD....................................................................................................... 3
10. INSURANCE COVERAGE. ................................................................................................................. 3
11. NONDISCRIMINATION CLAUSE. ...................................................................................................... 4
12. CONTRACT PROVISIONS. ................................................................................................................ 5
SPECIFICATIONS ............................................................................................................................................... 6
ATTACHMENT A REFERENCES
NON-COLLUSION AFFIDAVIT
AGREEMENT
BID FORM
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INTRODUCTION
1. GENERAL INFORMATION. The County of Franklin, PA (“County”) is requesting bids from qualified
vendors to provide preventative maintenance and service on uninterruptible power supplies
(UPS’S) in the Franklin County area.
2. DESCRIPTION OF THE GOVERNMENT. The County of Franklin, PA was incorporated on September
9, 1784. The County is a fourth-class county with a population of 155,932 (2020 Census). It
operates under a three-member elected Board of Commissioners. The County provides services to
its citizens such as judicial administration, human services, public safety, public works, economic
development and general administration. Departments include Emergency Services, 911 Call
Center, Archives, and Courts.
3. TIME REQUIREMENTS.
Invitation for Bid Monday June 15, 2026
Optional Pre-Bid Meeting Tuesday June 23, 2026 at 8:30 AM
Questions & Answers ends Friday June 26, 2026 at 4:00 PM
Due Date for Bids Tuesday July 7, 2026 at 4:00 PM
Bid Opening Wednesday July 8, 2026 at 10:00 AM
INSTRUCTIONS TO BIDDERS
1. PREPARATION OF BID.
1.1 Bids shall be addressed to and will be received by the Franklin County Controller’s Office,
Franklin County Administration Building, 272 North Second Street, Chambersburg, PA 17201
until 4:00 PM prevailing time on July 7, 2026. All bids so received will be publicly opened and
read at the Franklin County Commissioners on Wednesday, July 8, 2026 at 10:00 AM at the
Franklin County Commissioners’ Office, 272 North Second Street, Chambersburg, PA 17201.
1.2 Bids shall be enclosed in sealed opaque envelopes. Bids shall be identified by disclosing on the
face of the envelope the name of the project, “Preventative Maintenance & Service for UPS
Equipment for Franklin County” and the name of the bidder.
1.3 Attention is directed to the Bid Form in the Bidding Documents. This form must be used to
submit a bid. Failure to fill out, execute and submit this form as specified is sufficient reason
for rejection.
1.4 Bids must be signed by an owner, partner, or in the case of a corporation, by the President or
Vice President and attested by the Secretary, with Corporate Officer, a Power-of-Attorney
must be attached to the bid.
1.5 All applicable blank spaces in the bid shall be filled in clearly where indicated, either typed or
written in ink. Altering and/or changing any part of this bid will be sufficient reason for
rejection.
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1.6 Where so indicated by the makeup of the Bid Form, sums shall be expressed in both words
and figures, and in the case of discrepancy between the two, the amount written in words
shall govern.
1.7 The owner reserves the right to award the contracts to the other than lowest bidder if, in its
opinion, the products included within such bids are not equal to the standard established for
such projects in the specifications.
1.8 Each bidder shall be required to execute a Non-Collusion Affidavit and affix it to the Bid Form.
No bid shall be considered unless accompanied by such executed affidavits.
1.9 The bidder shall provide a minimum of 3 references for similar work performed including a
brief description of the work performed. The County reserves the right to contact or visit the
references without bidder involvement and/or to request photographic or other evidence of
similar work performed in the past. See Attachment A.
2. AWARD AND EXECUTION OF THE CONTRACT.
2.1 The County reserves the right to correct minor math errors. The County shall be the sole
judge as to what constitutes a minor math error.
2.2 When the bid has been accepted by the County, notification of such acceptance will be mailed
to the successful contractor, at the address designated by the contractor on the Bid Form.
3. WITHDRAWAL OF BIDS.
3.1 Bids may not be modified, withdrawn or cancelled by the contractor for thirty (30) days after
the time designated for the receipt of quotes.
4. RIGHT TO REJECT BIDS.
4.1 The County reserves the right in its discretion to reject any or all Bids and to waive
irregularities or information in any quotes and to award contracts on an item by item basis.
Awards shall be made only to responsible contractors that possess the potential ability to
perform successfully under the terms and conditions of this procurement. Consideration shall
be given to such matters as contractor integrity, compliance with public policy, record of past
performance, and financial and technical resources when determining responsibility.
5. TERM.
5.1 The contract shall begin upon execution of the agreement and end on June 30, 2029. There
shall be an option to extend the contract term for up to 3 additional one (1) year periods.
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6. EXEMPTION FROM FEDERAL EXCISE AND PENNSYLVANIA SALES TAX.
6.1 The County of Franklin, PA is exempt from Federal Excise Taxes and Pennsylvania Sales Taxes
as a political subdivision of the Commonwealth of Pennsylvania. Prices as shown in the quote
shall exclude such Federal and State Taxes.
7. PROTECTION BY VENDOR.
7.1 The vendor agrees to indemnify and hold harmless the County of Franklin, PA, its
representatives, employees and agents, from any and all claims, demands, actions, suits and
liabilities of any nature whatsoever arising from the Vendor’s own fault or negligence or
through the negligence or fault of the manufacturer of goods, including reasonable attorneys’
fees and court costs incurred by the County in response to such claims, demands, actions or
liabilities, provided it ultimately determined that such claims result from the vendor’s or
manufacturer’s fault or negligence.
7.2 The vendor shall not assign or otherwise transfer any of its responsibilities or obligations
under the contract to any other person or entity without prior written consent of the County.
8. PRE-BID CONFERENCE.
8.1 An Optional pre-bid conference for prospective bidders will be held on Tuesday June 23, 2026
at 8:30 AM at 390 New York Ave, Chambersburg, PA 17201. Bidders shall meet in the main
lobby.
9. QUESTION AND ANSWER PERIOD.
9.1 Questions will be accepted until 4:00 PM on Friday, June 26, 2026, via email at
procurement@franklincountypa.gov. Answers will be posted at
https://www.franklincountypa.gov/current-solicitation-opportunities/.
10. INSURANCE COVERAGE.
10.1 The successful contractor shall be required to provide the following insurance coverage
and submit evidence of the coverage required below in the form of an ACORD certificate of
insurance. The County of Franklin shall be named as Additional Insured for the project.
Liability Insurance shall include all major divisions of coverage and be on a comprehensive
basis including:
10.1.1 Premises Operations (including X, C and U as applicable).
10.1.2 Independent Contractors’ Protective.
10.1.3 Products and Completed Operations.
10.1.4 Personal Injury Liability with Employment Exclusion deleted.
10.1.5 Contractual Liability.
10.1.6 Owned, non-owned and hired motor vehicles.
10.1.7 Broad Form Property Damage including Completed Operations.
10.2 If the General Liability coverages are provided by a Commercial General Liability Policy on
a claims made basis, the policy date or Retroactive Date shall predate the Contract; the
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termination date of the policy or applicable extended reporting period shall be no earlier than
the termination date of the coverages required to be maintained after the final payment. The
County of Franklin should be listed as Additional Insured under the Contractor’s General
Liability Policy.
10.3 The Contractor and all subcontractors, at their own expense, shall provide and maintain
insurance in companies acceptable to the Owner as follows:
10.3.1 Workers’ Compensation: As required by all applicable Federal, State, Maritime or
other laws including Employers’ Liability with a limit of at least $100,000.
10.3.2 Comprehensive General Liability: Including Contractor’s Liability; Contingent Liability;
Contractual Liability; Completed Operations and Products Liability all on the
occurrence basis with Personal exclusion relating to Explosion, Collapse and
Underground Property Damage. Completed Operations Liability shall be kept in force
for at least two years after the date of final Completion. Minimum limits to be as
follows:
Bodily Injury
Each Occurrence $1,000,000.00
Aggregate $2,000,000.00
Property Damage
Each Occurrence $1,000,000.00
Aggregate $2,000,000.00
10.3.3 Comprehensive Automobile Liability: Including non-ownership and hired car coverage
as well as owned vehicles with minimum limits as follows:
Combined Single Limit $1,000,000.00
10.4 If this insurance is written on the Comprehensive General Liability policy form, the
Certificates shall be AIA Document G705, Certificate of Insurance. If this insurance is written
on a Commercial General Liability policy form, ACORD form 25S will be acceptable.
10.5 Furnish one copy of certificates herein required for each copy of Agreement naming the
County of Franklin, PA as certificate holder; specifically set forth evidence of all coverage
required by subparagraphs 12.1 through 12.3. Furnish to the owner copies of any
endorsements that are issued subsequently, amending coverage or limits.
10.6 Owner Liability Insurance: The contractor shall provide an Owner’s and Contractor’s
Protective Liability Policy in the name of the Owner with limits as follows:
Bodily Injury
Each Occurrence $500,000.00
Aggregate $500,000.00
Property Damage
Each Occurrence $500,000.00
Aggregate $500,000.00
11. NONDISCRIMINATION CLAUSE.
11.1 Franklin County assures that no person shall be excluded from participating in, be denied
the benefits of, or be otherwise subjected to discrimination on the grounds of race, gender,
creed, color, sexual orientation, gender identity or expression, or in violation of the
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Pennsylvania Human Relations Act, which prohibits discrimination on the basis of race, color,
religious creed, ancestry, age, sex, national origin, handicap or disability, or in violation of any
applicable local, state, or federal laws. With advance notification, accommodations may be
provided for those with special needs to language, speech, sight or hearing. If you have a
request for a special need, wish to file a complaint, or desire additional information please
contact the Risk Department at (717) 261-3819 or riskmgt@franklincountypa.gov.
12. CONTRACT PROVISIONS.
12.1 After Franklin County makes its selection, it shall proceed to negotiate a contract based
on the quote and scope of work for the project. If the County is unable to negotiate a
satisfactory contract with the most highly qualified contractor, the County shall formally end
negotiations with that contractor and begin to negotiate with the second most highly
qualified contractor. Negotiations shall continue in this sequence until a contract is agreed
upon.
12.2 The performance of this contract shall be in accordance with all federal, state and local
laws as may be applicable. Any contract between Franklin County and the awarded contractor
shall be subject to the rules and regulations of any agencies where funding is being requested.
Franklin County reserves the right to reject any and all proposals, and to waive irregularities.
Additionally, in the event that Franklin County procures grant funding assistance, the contract
shall contain all necessary provisions of that grant award contract.
12.3 The contract between the County and the selected contractor shall include the following
non-negotiable contact provisions
12.3.1 Indemnification of the County.
12.3.2 Non-Indemnification of the contractor.
12.3.3 Forum Selection (Franklin County, PA Court of Common Pleas).
12.3.4 Choice of law (Commonwealth of Pennsylvania).
12.3.5 Termination for convenience/termination for cause by the County.
12.3.6 Prevailing party attorneys’ fees.
12.3.7 Nondiscrimination.
12.3.8 Suspension and debarment.
12.3.9 Release of liability in favor of the County.
12.3.10 Non-release of liability of the contractor.
12.3.11 Insurance Coverage and County status as an additional insured as set forth in Section
10 herein.
12.3.12 Terms of payment and invoicing, including 45-day payment period.
12.3.13 Any and all federal and state provisions required as a result of grant funding.
12.4 The County reserves the right to request additional contract provisions it deems
necessary as needed to protect the best interest of the County.
12.5 The form of contract is included in this document under the section titled AGREEMENT.
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SPECIFICATIONS
GENERAL REQUIREMENTS
Contractor shall furnish all equipment, labor, materials, supplies, licensing, transportation, and other
components necessary to provide preventative maintenance and service per each manufacturer’s
recommendations and specifications for the below listed UPS equipment that will meet the requirements
of the Agreement.
1, Department of Emergency Services 390 New York Avenue, Chambersburg, PA 17201
• Liebert 90kva UPS model numbers NRF90CCSAOA3V75 & NRMBOC9C1RAOY86
• Sealed Battery NRPB9XX2L1A0143
• Sealed Battery NRPB9XX2L2A0599
• Liebert Npower 30-50 KVA UPS 37SA050COC6BC08
• Sealed Battery model number 37BP050XRX1 BS43
2, The Franklin County Judicial Center, 14 North Main St, Chambersburg, PA 17201
• Mitsubishi 50kva UPS, model number SP-UPS-UNIT
• Mitsubishi Battery, model number SP-BATTERY
3, The Franklin County Courthouse Annex, 157 Lincoln Way East, Chambersburg, PA 17201
• Riello, 20kva, 80 batteries CSB 12V 8 strings, 10 per string
• Model # S3U-20-A0-SW Serial # AH07TUS10000009
• Installed 11/8/25 Riello bypass 90885-C208310ECA100A10013MB
• APC 10kva UPS and battery string
• APC 10 KVA UPS, model number SUVTP 10KF4B4S
• APC 10 KVA UPS, Serial number PS0925240535
• APC Battery, model number SP-Battery
The preventative maintenance service shall be performed 2 times a year (semiannually) at a time and
date mutually agreeable to the Contractor and the County and during normal business hours, Monday
through Friday. The Contractor shall contact the Franklin County Property Management Manger a
minimum of 2 weeks before the desired date for work. Franklin County staff will provide access and escort
to all UPS locations.
All work shall be completed per any state, local and federal laws, ordinances, rules and regulations and
safety requirements.
All work shall be completed solely by trained personnel.
All work shall be completed according to factory requirements and specifications for each UPS. Only OEM
(original equipment manufacturer) or OEM approved parts shall be used as replacements for repair
needs. Parts coverage for air filters, full bank capacitor replacement, fan replacement, etc. are excluded
from this contract.
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OTHER
The contractor shall provide contact information for potential emergency service. Emergency response
shall be available and guaranteed within 4-hours, shall be within 150 miles and available 365 days a year,
24 hours a day.
Upon completion of the work, the contractor shall assure that the UPS(s) is(are) returned to normal
operation.
No more than 2 weeks after the preventative maintenance is completed, the contractor shall provide a
detailed written report detailing the condition of the equipment, preventative maintenance performed
and any recommendations or findings for corrective action.
Contractor shall abide by the following requirements:
1. Not passing into areas beyond the designated limits of the work.
2. Keep public areas free of waste materials.
3. Keep rooms clean from all work associated with the generator.
4. Conduct in a professional manner.
5. Remove rubbish from all work areas before leaving the premises.
6. Observe all safety codes while on County property.
7. As required, submit applications and background checks to the County for approval of service
technicians for services provided at secured locations.
SERVICE
All repairs and parts, materials or labor required to make such repairs, other than routine preventative
maintenance parts, materials and labor; are not included in this contract. All necessary repairs and parts,
materials and labor required shall be identified and provided to Franklin County on a separate quote or
bid on an as needed basis for evaluation. The County reserves the right to obtain these services and UPS
devices from alternate sources.
ATTACHMENT A
REFERENCES
Reference #1
Company_______________________________________________________________________________
Contact Name___________________________________________________________________________
Company Address________________________________________________________________________
Company City, State & Zip_________________________________________________________________
Contact Phone Number___________________________________________________________________
Contact Email___________________________________________________________________________
Description of Work Performed ____________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
Reference #2
Company_______________________________________________________________________________
Contact Name___________________________________________________________________________
Company Address________________________________________________________________________
Company City, State & Zip_________________________________________________________________
Contact Phone Number___________________________________________________________________
Contact Email___________________________________________________________________________
Description of Work Performed ____________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
Reference #3
Company_______________________________________________________________________________
Contact Name___________________________________________________________________________
Company Address________________________________________________________________________
Company City, State & Zip_________________________________________________________________
Contact Phone Number___________________________________________________________________
Contact Email___________________________________________________________________________
Description of Work Performed ____________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT
1. This Non-Collusion Affidavit is material to any contract awarded pursuant to this
bid and in accordance with the Pennsylvania Antibid-Rigging Act, 73 P.S. 1611 et
seq.
2. This Non-Collusion Affidavit must be executed by the member, officer or employer of the Bidder
who makes the final decision on prices and the amount quoted in the bid.
3. Bid rigging and other efforts to restrain competition, and the making of false sworn
statements in connection with the submission of bids are unlawful and may be subject to
criminal prosecution. The person who signs the Affidavit should examine it very carefully
before signing and assure himself or herself that each statement is true and accurate, making
diligent inquiry, as necessary, of all other persons employed by or associated with the bidder
with responsibilities for the preparation, approval, or submission of the bid.
4. In the case of a bid submitted by a joint venture, each party to the venture must be
identified in the bid documents, and an Affidavit must be submitted separately on behalf of
each party.
5. The term "Complementary Bid" as used in the Affidavit has the meaning commonly
associated with the term in the bidding process, and includes the knowing submission of
bids higher than the bid of another firm, any intentionally high or noncompetitive bid, and
any other form of bid submitted for the purpose of giving a false appearance of competition.
6. Failure to file an Affidavit in compliance with these instructions will result in
disqualification of the bid.
7. A person's affidavit stating that the person has been convicted or found liable of any act
prohibited by State or Federal law in any jurisdiction involving conspiracy or collusion with
respect to bidding in any public contract within the last three (3) years does not prohibit a
governmental agency from accepting a bid or awarding a contract to that person, but may
be a ground for administration, suspension or debarment in the discretion of a governmental
agency under the rules and regulations of that agency, or, in the case of a governmental
agency with no administrative suspension or debarment regulations or procedures, may be a
ground for consideration on the question whether such agency should decline to award the
contract to that person on the basis of a lack of
responsibility.
NON-COLLUSION AFFIDAVIT
Contract/Bid No: 2026174-11
State of:
:ss
County of:
I state that I am of
and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers.
I am the person responsible in my firm for the price(s) and the amount of this bid.
I state that:
1. The price(s) and amount of this bid have been arrived at independently and without
consultation, communication or agreement with any other contractor, bidder or
potential bidder.
2. Neither the price(s) nor the amount of this bid, and neither the approximate price(s) nor
approximate amount of this bid, have been disclosed to any other firm or person who is a bidder or
potential bidder, and they will not be disclosed before bid opening.
3. No attempt has been made or will be made to induce any firm or person to refrain from bidding
on this contract, or to submit to a bid higher than this bid, or to submit any intentionally high or
noncompetitive bid or other form of complementary bid.
4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion
with, or inducement from, any firm or person to submit a complementary or other
noncompetitive bid.
5. its affiliates, subsidiaries, officers, directors, and (Firm) employees
are not currently under investigation by any governmental agency and have not in the last four
years been
convicted or found liable for any act prohibited by State or Federal Law in any jurisdiction,
involving conspiracy or collusion with respect to bidding on any public contract, except as follows:
6. has or has not been convicted or found liable for any act prohibited (circle one)
by State or Federal Law in any jurisdiction involving conspiracy or collusion with respect to bidding
on any public contract within the last three (3) years.
I state that understands and acknowledges
(Firm)
that the above responsibilities are material and important and will be relied on by
the Owner in awarding the contract(s) for which this Bid is submitted. I understand
and my firm understands that any misstatement in this affidavit is and shall be
treated as fraudulent concealment from the Owner of the true facts relating to the
submission of bids for this contract.
Name
Company Position
SWORN TO AND
SUBSCRIBED
BEFORE ME
THIS DAY OF
Notary Public
My Commission Expires:
AGREEMENT
THIS AGREEMENT, made this ___ day of _________________ 2026, by and between the
COUNTY OF FRANKLIN, PENNSYLVANIA, by and through the FRANKLIN COUNTY COMMISSIONERS, a
political subdivision existing under the laws of the Commonwealth of Pennsylvania, (hereinafter called
“County”), and ______________________ with a business address of
_____________________________________ (hereinafter called “Contractor”).
WITNESSETH, that for, and in consideration of, the mutual promises, covenants, and
agreements by each of the parties hereto to the other made, the parties hereto, with the intention to
be legally bound, do covenant, promise, and agree as follows:
1. The Scope of the Work. The Contractor shall supply all work and comply with all
requirements of the Contract Documents, as defined herein and as referenced on the Invitation for Bid
No. IFB 2026174-11 for the County of Franklin, PA (hereinafter the “Invitation for Bid” or “IFB”).
The scope of the work shall be as defined in the Invitation for Bid Specifications attached to the
IFB (hereinafter the “Work”).
2. The Contract Documents. The term "Contract Documents" means and includes the
following:
a) Invitation for Bid No. IFB 2026174-11 including all Attachments and Questions and
Answers;
b) Completed Bid Form;
c) Contractor’s Response to the IFB, including all Attachments and/or Exhibits;
d) This Agreement;
e) Instructions for Non-Collusion Affidavit;
f) Non-Collusion Affidavit;
g) Certificate of Insurance;
h) Any and all notices, disclosures, affidavits, certifications of compliance as required per
statute or regulation and that were part of the IFB;
i) Addenda, if any:
No. __________ Dated: ________________
No. __________ Dated: ________________
No. __________ Dated: ________________
All of the above-listed documents are hereby incorporated by reference into this
Agreement.
3. Payment to Contractor; Schedule of Payments. The County will pay the Contractor all
sums as outlined in Contractor’s completed Bid Form.
All invoices shall be due upon presentation and shall be considered past-due if not paid within
forty-five (45) days of the date of the invoice.
The Contractor shall be responsible for the payment of all sales and use taxes required by law
on all materials, products and/or equipment which may be purchased for use in and which will become
part of the Work. County may be exempt from sales and use taxes for certain Products to be
incorporated into the Work. Contractor shall obtain legal advice to determine how and to what extent
the County's tax exemption may be utilized by the Contractor. County will provide, at Contractor's
request, required documentation to assist Contractor in obtaining any applicable tax exemptions.
County shall not be directly or indirectly responsible for costs of sales and use tax when Contractor fails
to obtain any applicable tax exemption.
4. Term. The term of this Agreement shall begin upon execution hereof and end on June
30, 2029. The County shall have the option to extend this Agreement for three (3) consecutive one (1)
year terms. The County shall exercise this option by notifying the Contractor within thirty (30) days of
the expiration of the then-current term.
5. Insurance. Contractor specifically acknowledges and reaffirms its responsibility to
obtain and maintain all insurance coverages set forth in Section 10 of the IFB, which is incorporated
herein by reference.
6. Indemnification and Release. Contractor agrees to indemnify and hold harmless the
County, its successors, administrators, board members, commissioners, assigns, attorneys, insurers,
employees, and agents (the “County Releasees”) from and against, and to reimburse the County
Releasees with respect to, any and all claims, demands, causes of action, losses, damages, liabilities,
penalties, assessments, costs, and expenses (including reasonable attorneys’ fees and other costs and
expenses incident to any claim, suit, action or proceeding) arising out of or resulting from the Work
pursuant to this Agreement, including all claims of third party personal injury and/or property damage,
and the business relationship between the parties, including, without limitation, any and all known or
unknown, foreseen or unforeseen, matured or unmatured claims and the consequences thereof.
Contractor, for and in consideration of the mutual promises contained in this Agreement,
hereby remises, releases and forever discharges the County Releasees, and, by these presents, does,
for its successors, administrators, assigns, heirs, executors, and agents, remise, completely release and
forever discharge the County Releasees, of and from any and all past, present or future claims,
demands, obligations, actions, causes of action, rights, damages, costs, fees, including attorneys’ fees,
expenses and compensation of any nature whatsoever, whether based on a tort, contract, or any other
theory of recovery, and whether for compensatory, statutory, or punitive damages, which Contractor
now has, or which may hereafter accrue or otherwise be acquired, on account of, or in any way
growing out of, or in any way related to any personal injury or property damage, of any kind or sort
whatsoever, arising out of the Work, the Invitation for Bid and response thereto, and this Agreement,
including, without limitation, any and all known or unknown, foreseen or unforeseen, matured or
unmatured claims and the consequences thereof.
7. Governing Law and Forum Selection. This Agreement shall be governed and
interpreted under the laws of the Commonwealth of Pennsylvania. All claims arising hereunder shall
be filed only in the Court of Common Pleas for the Thirty-Ninth Judicial District of Pennsylvania-
Franklin County Branch.
8. Termination. If either party fails to fulfill in a timely or proper manner its
obligations under this Agreement, or if either party violates any of the covenants or stipulations of this
Agreement, the party injured thereby shall have the right to terminate this Agreement by providing
written notice of such termination and specifying the effective date thereof. No less than thirty (30)
days’ notice shall be provided before the effective date of such termination. Notwithstanding the
foregoing, the County shall have the right to terminate this Agreement for convenience and/or for
nonappropriation upon fourteen (14) days’ written notice to the Contractor. In the event that the
County elects to terminate this Agreement for convenience prior to Contractor’s completion for the
work required hereunder, the Contractor shall be compensated for all work satisfactorily completed in
an amount proportionate to services actually provided by Contractor.
9. Prevailing Party Attorneys’ Fees. If an action at law or in equity is necessary to
enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover, in
addition to any other relief, reasonable attorneys' fees, costs and disbursements.
10. Nondiscrimination. In carrying out the terms of this Agreement, both parties
agree not to discriminate against any employee or other person because of gender, ancestry, age, race,
color, sex, religious creed, national origin, marital status, handicap or disability, sexual orientation or in
violation of the Pennsylvania Human Relations Act, federal, state or local laws. The Contractor and the
County shall comply with the Contract Compliance Regulations of the Pennsylvania Human Relations
Commission, any pertinent Executive Order of the Governor, the Federal Civil Rights Act of 1964, the
Multi-Ethnic Placement Act of 1994, the Small Business Job Protection Act of 1996 and with all other
laws, regulations, or directives prohibiting discrimination in hiring or employment opportunities.
11. Suspension and Debarment.
A. The Contractor certifies that it is not currently under suspension or
debarment by any federal, state or local government or agency, and if the Contractor cannot so certify,
then it agrees to submit a written explanation of why such certification cannot be made.
B. If the Contractor enters into subcontracts or employs under this
Agreement any subcontractors/individuals who are currently suspended or debarred by the County,
Commonwealth or federal government, or who become suspended, or debarred, by the
Commonwealth or federal government during the term of this Agreement, or any extension or
renewals thereof, the County or Commonwealth shall have the right to require the Contractor to
terminate such subcontracts or employment.
C. The Contractor agrees to reimburse the County or Commonwealth for
the reasonable costs of investigating the Contractor’s compliance with terms of this or any other
Agreement between the Contractor and the County or Commonwealth which result in the suspension
or debarment of the Contractor or its subcontractor. Such costs shall include, but are not limited to,
salaries of the investigators, including overtime, travel and lodging expenses, and expert witness and
documentary fees. The Contractor shall not be responsible for investigative costs that do not result in
the Contractor’s or subcontractor’s suspension or debarment.
D. The Contractor may obtain the current list of suspended and debarred
contractors by contacting the:
Department of General Services
Office of Chief Counsel
603 North Office Building
Harrisburg, PA 17125
Phone: (717) 763-6472
FAX: (717) 787-9138
12. Licenses and Compliance with Law. The Contractor shall obtain and pay for all permits,
fees, licenses, and inspections required by any government agencies necessary for the proper
performance and completion of the Work. The Contractor shall further comply with all applicable laws
and regulations, whether federal, state or local, with respect to the Work. The Contractor shall be
responsible for the correction of the Work to comply with any said permits, fees, licenses and
inspections and to ensure compliance with law, including, but not limited to, payment of all costs to
such correction.
13. Entire Agreement. This Agreement, including all of the Contract Documents set forth in
Paragraph 2, contains the entire agreement between the parties, and no other agreements, oral or
otherwise, regarding the subject matter of the Agreement shall be deemed to exist or bind any of the
parties.
14. Modification and Amendment. This Agreement shall not be modified except by a
written document signed by the parties hereto.
15. Time. The parties agree that time is of the essence with respect to this Agreement and
the Work.
16. Notices. Notices required hereunder, or any correspondence concerning this
Agreement shall be directed to the following addresses and shall be deemed properly given (a) if
delivered by hand, (b) if sent by certified mail, return receipt requested, postage prepaid, or by
recognized overnight courier service (including, without limitation, Federal Express or United Parcel
Service overnight service), charges prepaid; or (c) if sent by facsimile, with a copy sent by first class U.S.
Mail, postage prepaid.
(A) If to Contractor
(B) If to County:
County of Franklin, Pennsylvania
272 North Second Street
Chambersburg, PA 17201
Notices and communications hereunder shall be deemed sufficiently given when dispatched
pursuant to the foregoing provisions. Notices and communications delivered by hand shall be effective
upon receipt; notices and communications sent by fax, with a copy by first class U.S. Mail, shall be
effective upon dispatch; notices and communications sent be recognized overnight courier service shall
be effective on the business day following dispatch; and notices sent by certified mail shall be effective
on the third business day following dispatch.
(THIS SPACE LEFT BLANK INTENTIONALLY)
17. Successors and Assigns. This Agreement shall be binding upon all parties hereto and
their respective heirs, executors, administrators, successors, and assigns, but it may not be assigned by
the Contractor without the express written consent of the County.
IN WITNESS WHEREOF, the County of Franklin, Pennsylvania have caused these presents to be
executed and its corporate seal affixed thereto and the Contractor has caused these presents to be
executed in a like manner the days and year above written.
ATTEST:
_____________________ ____________________________
By:
ATTEST: COUNTY OF FRANKLIN, PA
_____________________ ______________________________
Dean A. Horst, Chairperson
______________________________
John T. Flannery, Commissioner
______________________________
Robert G. Ziobrowski, Commissioner
BID FORM
Franklin County Preventative Maintenance and Service for UPS Equipment
The undersigned, having carefully examined the quote specifications and instructions, and being familiar with the
various requirements concerning the work, agree to furnish all materials and perform all work necessary in strict
accordance with the Contract Documents for the consideration in the following amount:
(Denote the price per piece of equipment (UPS unit, battery string or cabinet), total for each year and grand total for
all 3 years).
No Location Make/Model Year 1 Year 2 Year 3
Dept. of Emergency Services 390 New York Ave. Chambersburg, PA 17201
Judicial Center 14 N Main St Chambersburg, PA 17201
Courthouse Annex 157 Lincoln Way East Chambersburg PA 17201
Notice of acceptance, or request for additional information, may be addressed to the undersigned at the address set
forth below.
The undersigned hereby declares that this quote is made without connection with any other person or persons
making a quote for the same work and is without collusion or fraud.
Submitted by:________________________________
(Type Name)
Signed by: __________________________________
Title: ______________________________________
Address: ___________________________________
Phone: ____________________________________
Date: ______________________________________
___________________________________________
Contractor
___________________________________________
Address
___________________________________________
(Submitted By)