[HISTORY: Adopted by the Board of Supervisors of the Township
of Middletown as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Construction standards — See Ch. 190.
[Adopted 11-12-1991 by Ord. No. 91-30 (Ch. 13, Part 6, of
the 1992 Code)]
This article shall be known and may be cited as the "Middletown
Township Contractor Licensing Ordinance."
The following words and phrases, as used in this article, shall
have the meanings ascribed to them in this section, unless the context
clearly indicates a different meaning. The masculine includes the
feminine, the singular includes the plural, and the plural includes
the singular.
An agreement, whether oral or written and whether contained
in one or more documents, between a contractor and an owner or another
contractor for the performance of work, including all labor, services
and materials to be furnished and performed thereunder.
Any person, other than a bona fide employee of the contractor,
who undertakes or offers to perform construction, repair, reroofing,
remodeling, rehabilitation, demolition, paving, electrical and any
other residential or nonresidential construction or demolition work
in the Township, whether as general contractor, subcontractor, specialty
contractor or home improvement contractor with respect to the property
owner.
The twelve-month period beginning the first day of January
of each year.
Any property owner, tenant or other person who orders, contracts
for, or purchases the services of a contractor, or any person entitled
to the work of a contractor pursuant to a contract, gift or otherwise.
Any individual, partnership, limited partnership, association,
corporation, trust or other legally cognizable entity.
The Township of Middletown.
The Building Inspector or his authorized representatives shall
administer and enforce the provisions of this article.
No person shall act as a contractor in the Township except in
compliance with the provisions of this article. Any person, including
an owner, who willfully aids a contractor or participates with a contractor
in violating any provisions of this article is in violation of this
article. The provisions of this article may not be waived by agreement.
A license issued pursuant to this article shall not be construed
to authorize the licensee to perform any particular type of work or
type of business which is reserved to qualified licensees under other
provisions of state or local law.
A.
For the license year beginning January 1, 1992, and each license
year thereafter, every person desiring to continue to engage in or
hereafter to begin to engage in the business of acting as a contractor
in the Township shall, on or before the first day of January of the
license year or prior to commencing business in such license year,
make application for a license to act as a contractor in the Township.
B.
Such application shall be made by the completion of an application
furnished by the Building Inspector and the payment of the prescribed
license fee. Each application must contain the information required
hereinafter by this article and must present satisfactory proof of
insurance. Each application for a license shall be signed by the applicant
if a natural person, and in the case of an association or a partnership,
by a member or partner thereof, and in the case of a corporation,
by an officer thereof.
C.
Each authorized successful applicant shall be issued a license, which
license shall be in the form of a wallet-sized card and in the form
of a vehicle bumper sticker. Every licensed contractor, while actually
acting as a contractor in the Township, shall carry said license card
with him and shall display it to the Building Inspector or his representatives
upon request to do so. Every licensed contractor shall at all times
display his bumper sticker license on the rear bumper of the vehicle
he primarily uses in his activities as a contractor.
D.
All contractors' licenses shall expire at midnight on December
31 of each license year unless the license is revoked or suspended
prior thereto under the terms of this article. A person with an unexpired
license which has not been revoked or suspended during the current
license year who makes application for a license for the following
license year need not complete an application form, but must only
submit the required license fee and, if he qualifies for the following
license year, he will be issued a new license card and bumper sticker
for the following license year.
A.
The provisions of this article shall not apply to the official transactions
of any authorized representative of the government of the United States,
any state or commonwealth of the United States, any political subdivision
of any state or commonwealth or any agency or instrumentality of the
foregoing governments; provided, however, that no person engaged by
the representative of any of the foregoing shall act as a contractor
in the Township unless such person shall first have complied with
and have been licensed under the provisions of this article.
B.
No contractor's license shall be required of any person when
acting in a particular capacity or particular type of transaction
as follows:
(1)
A person who performs labor or services for a contractor for
wages or salary.
(2)
A person who is required by other state or local law to attain
standards of competency or experience, and who must obtain licensing
under such other state or local law as prerequisite to engage in a
craft or profession, and who is acting exclusively within the scope
of such craft or profession for which he is currently licensed pursuant
to such other law.
(3)
The provisions of this article shall not be interpreted as to
require licensing for small repairs or other minor construction work
which is not performed for compensation and is done by the owner and/or
his family or friends in self-help on the owner's property.
A.
No contractor's license shall be issued unless the applicant
files a certificate of insurance with the Building Inspector at the
time of license application. The certificate of insurance shall contain
a provision that coverages afforded under the policy will not be canceled
until at least 15 days' prior written notice of such cancellation
has been given to the Township of Middletown. The certificate of insurance
must evidence policies of insurance, maintained at the expense of
the applicant, for public liability, property damage, products liability,
completed operations and worker's compensation, each of which
must have a single occurrence limit of at least $100,000. Additional
blasting and demolition liability insurance coverage shall be determined
by the Building Inspector at the time of application and shall be
reasonably based on the nature and the extent of the applicant's
proposed operations.
B.
All types and limits of insurance for which certificates are presented
at the time of application, and based upon which a license is issued,
shall be maintained throughout the license year, or the license will
be suspended or revoked as hereinafter set forth in this article.
The Building Inspector must be advised of any change in an insurance
carrier during a license year.
[Amended 10-27-1992 by Ord. No. 92-11]
A.
At the time of application for a new license or for the renewal of
a current license, the applicant shall pay an annual license application
fee to the Township of Middletown. The amount of the annual application
fee shall be established from time to time pursuant to resolution
of the Board of Supervisors.[1] No fee or portion thereof shall be returned to a successful
or unsuccessful applicant. There shall not be a prorated reduction
in the license fee if application is made during the license year
or suspended or revoked during the license year; provided, however,
a person shall be required to pay only one license fee per year under
this article regardless of the number of jobs or the number of trade
areas in which the contractor will provide services.
[1]
Editor's Note: Township fee schedules are on file in the Township
Municipal Building and available to be viewed on the Township's website
at www.middletownbucks.org.
B.
In addition, every person licensed in a specific construction trade,
such as plumbing, mechanical, sign construction and like trades, in
which the Township currently requires a license and imposes a registration
or license fee, shall be required to be licensed as a contractor pursuant
to this article, provided that each such person shall only be required
to pay one license or registration fee per year regardless of the
number of licenses, including plumbing, mechanical and sign construction,
required by the Township.
[Amended 12-27-1992 by Ord. No. 92-11]
A.
Upon submission of a proper application, the Code Enforcement Officer
shall, within a period of 30 days following the receipt of the application,
issue or refuse to issue the appropriate contractor's license
to the applicant. If issuance of a license is denied, the Building
Inspector shall mail to the unsuccessful applicant a written statement
setting forth the reason or reasons for the denial within the aforesaid
thirty-day period.
B.
The application for a license shall be in printed form, provided
to the applicant by the Township, and shall require a written answer
to all questions contained thereon. Failure to answer all questions
on the application form shall mean that the applicant is not entitled
to consideration of his application until he has answered all questions.
The application form shall be signed by the applicant under oath.
The information requested on the application form shall include, but
not be limited to, the following:
(1)
The names of owners, partners, directors and officers of the
applicant, and the business address and trade name of the applicant.
(2)
A statement as to whether or not any municipalities have refused
to issue or have revoked any similar contractor's licenses to
the applicant within two years prior to the date of the application.
In the event that there has been such a denial or revocation, the
applicant must explain in writing the reasons for such denial or revocation.
(3)
A listing of all jobs performed within the preceding three-month
period, but at a minimum a listing of the last 10 jobs performed by
the contractor, along with a statement of the location of the jobs
and the names, addresses and telephone numbers of the party or parties
who contracted with the applicant for such jobs. In addition, the
applicant shall specify in detail his areas of competence and all
proposed work activities.
(4)
A listing of all convictions within two years prior to the date
of the application for any crimes or offenses under any federal or
state criminal statute or common law criminal offense, or for violation
of any Township ordinance, so long as such convictions were for crimes
or offenses related to the applicant's work or contracts as a
contractor. The term "conviction" shall include guilty pleas and pleas
of nolo contendere. If any such conviction exists, the applicant shall
give in writing the caption, court and term number of the proceeding
leading to the conviction. The applicant shall also explain, in writing,
the nature of the conviction.
Every contractor licensee shall, within 10 days after a change
in ownership, directors, officers, management, address or trade name,
notify the Building Inspector of such change.
No license shall be issued or renewed under the following circumstances:
A.
If the applicant falsely answered any question or questions contained
on the application form.
B.
If the applicant has been convicted within two years prior to the
date of the application for any crimes or offenses under any federal
or state criminal statute or common law criminal offense or for violation
of any Township ordinance so long as such convictions were for crimes
or offenses related to the applicant's work as a contractor.
The term "conviction" shall include guilty pleas and pleas of nolo
contendere.
The Building Inspector shall revoke any license issued under
the provisions of this article under the following circumstances:
A.
If the licensee falsely answered any question or questions contained
on an application for licensing or renewal of licensing previously
submitted to the Building Inspector.
B.
If the licensee fails to maintain, during the license year, the policies
of insurance required under the provisions of this article.
C.
If the licensee violates any of the terms or provisions of the Building
Code of the Township of Middletown or any terms or provisions of this
article.
D.
If the licensee violates any condition or requirement of a building
permit, sewer construction permit or highway permit issued by the
Township of Middletown.
E.
If the licensee willfully deviates from or disregards any plans or
specifications for any contracting job in any material respect without
first obtaining the consent of the owner, in writing, to any such
change and without first notifying the Building Inspector of any such
change.
F.
If the licensee does any business through any person who is subject
to the licensing requirements of this article and who is not licensed
as required by this article.
G.
If the licensee conducts a contractor's business in the Township
under any name other than that under which he is licensed.
H.
If the licensee fails to comply with an order, demand or requirement
lawfully made by the Township under the authority of this article
or any other Township ordinance.
[Amended 6-23-1998 by Ord. No. 98-08]
A.
Penalties. Any person, firm or corporation who shall violate any
provision of this article or who fails to correct a violation or institute
a remedial action as ordered by the Code Enforcement Officer or who
violates a provision or fails to comply with any requirements of this
article or any of the other applicable provisions of the Code of the
Township of Middletown, upon conviction thereof in an action brought
before a Magisterial District Judge in the manner provided for the
enforcement of summary offenses under the Pennsylvania Rules of Criminal
Procedure, shall be sentenced to pay a fine of not more than $1,000
plus costs and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 90 days. Each day that a violation
of this article continues or each section of this article which shall
be found to have been violated shall constitute a separate offense.
B.
The imposition of the penalties herein prescribed shall not preclude
the Township Solicitor from initiating appropriate actions or proceedings
at law or in equity to effect the purpose of this article.
Whenever the requirements of this article are in conflict with
other requirements of the ordinances of the Township of Middletown,
the most restrictive or those imposing the higher standards shall
govern.
[Adopted 2-28-2006 by Ord. No. 06-05; amended in its entirety 5-7-2018 by Ord. No. 18-02]
A.
To effectuate the purpose of selecting responsible contractors and
developers for public contracts and to protect the Township's
investments in such contracts, prospective contractors, subcontractors
and developers should be required to meet preestablished, clearly
defined, minimum standards relating to contractor and developer responsibility,
including requirements and criteria concerning technical qualifications,
competency, experience, adequacy of resources, including equipment,
financial and personnel, and satisfactory records regarding past project
performance, safety, compliance with the law and business integrity.
B.
Due to the critical impact that skilled construction craft labor
has on public works projects, and due to the limited availability
of skilled construction craft labor, it is necessary to require contractors,
subcontractors and developers, as a condition of bidding, to demonstrate
their training and qualifications such as through participation in
established, formal apprenticeship training programs, for the purpose
of promoting successful project delivery, cost-effectiveness and workforce
development.
C.
The Township also recognizes that it is beneficial to the local community
to ensure that firms receiving public contracts provide adequate wages
and benefits to their employees and utilize fair business, employment
and training practices that have a positive impact on local communities
affected by such contracts.
D.
Therefore, the Township shall require compliance with the provisions
of this article by business entities seeking to provide services to
the Township as specified herein.
E.
The requirements of this article are intended to supplement, not
replace, existing contractor and developer qualification and performance
standards or criteria currently required by law, public policy or
contracting documents. However, in the event that any of the provisions
of this article conflict with any law, public policy or contracting
documents of the Township, this article shall prevail.
A.
All contractors, subcontractors and developers of any tier who perform
construction, alteration, and/or renovation work on any public facility
or public work project, which work is valued at an amount equal to
or greater than $25,000, shall meet all of the requirements of this
article.
B.
All contractors, subcontractors and developers of any tier shall
have sufficient capabilities in all respects to successfully perform
the contracts on which they are engaged, including the necessary experience,
equipment, technical skills, training and qualifications and organizational
personnel and financial resources, as well as a record of successful
past performance and compliance with all statutes, ordinances, regulations
or policies of all governmental and regulatory agencies with jurisdiction
over said contractors, subcontractors and developers and over the
Township.
A.
As a condition to the award of a public works contract subject to
this article, a firm that seeks the award of a contract to perform
the services of a general contractor, construction manager, general
contractor, other lead or prime contractor, or developer shall submit
a contractor/developer responsibility certification at the time it
submits its bid or proposal for a contract.
B.
The contractor/developer responsibility certification shall be completed
on a form that the Township provides and shall reference the project
for which the bid or proposal is being submitted by name and contract
or project number.
C.
In the contractor/developer responsibility certification the general
contractor, construction manager, general contractor, other lead or
prime contractor, or developer shall confirm the following facts regarding
past performance and work history and current qualifications and performance
capabilities:
(1)
The firm has not been debarred by any federal, state or local
government agency or authority in the past three years.
(2)
No officer, director, owner or managerial employee of the firm
has been convicted of a felony relating to construction, maintenance,
service or repair contracting industries.
(3)
The firm has not defaulted on any project in the past three
years.
(4)
The firm has not had any type of business, contracting or trade
license revoked or suspended by any government agency or authority
in the past three years.
(5)
The firm has not been found in violation of any other law relating
to its development or contracting business, including, but not limited
to, wage or hour laws, environmental laws, antitrust laws, licensing
laws or tax laws, the Pennsylvania Human Relations Act, 43 P.S. § 951,
et seq., the Occupational Safety and Health Act, 29 U.S.C. § 651,
et seq., the Pennsylvania Minimum Wage Law, 43 P.S. § 333.101,
et seq., the Pennsylvania Wage Payment and Collection Law, 43 P.S.
§ 260.1, et seq., the Pennsylvania Unemployment Compensation
Law, 43 P.S. § 751, et seq., and the Pennsylvania Workers
Compensation Act, 77 P.S. § 1, et seq., by a final decision
of a court or government agency authority in the past three years.
(6)
The firm has all technical qualifications and resources, including
equipment, personnel and financial resources, to perform the referenced
contract, or will obtain same through the use of qualified, responsible
subcontractors.
(7)
The firm has been incorporated and conducting business in the
trade or craft for which it is bidding for at least three years. The
term "conducting business" shall mean having completed projects either
the same or substantially similar to the project for which it is bidding.
If queried on this paragraph, the firm shall produce legal documents,
photographs and references as to the longevity of its business. The
Township Manager or the Board of Supervisors or its designee shall
conduct this review.
(8)
The firm or its subcontractor's employees shall be in the
United States legally, and a list of all possible employees and their
citizenship/legal standing shall be supplied to the Township Manager
on a monthly basis.
(9)
The firm participates in a Class A apprenticeship program for
each separate trade or classification in which it employs craft employees
and shall continue to participate in such program or programs for
the duration of the project or contract. Such apprenticeship program
must be registered with the United States Department of Labor or the
Pennsylvania Apprenticeship and Training Council and must have graduated
apprentices to journeyperson status for each of the past five years.
To permit development of recently registered programs, the graduation
requirement of this provision shall not apply to: an apprenticeship
training program registered within the past five years; or an apprenticeship
program registered within the past 10 years, if the program provides
apprenticeship training for a craft or trade that was not recognized
as an apprenticeship craft or trade by the U.S. Department of Labor
or the Pennsylvania Apprenticeship and Training Council at the time
that the program was registered.
(10)
To demonstrate compliance with § 196-203C(9), the firm shall provide, as an attachment to the Responsible Contractor/Developer Certification, appropriate documentation including a list of all trades or classifications of craft employees it will employ on the project, together with documentation verifying that:
D.
The Township may require any other additional information it deems
necessary to evaluate a prospective contractor's or developer's
technical qualifications, resources and performance capabilities.
The Township may require that such information be included in a statement
of qualifications and experience as an attachment to the contractor
responsibility certification.
E.
In the contractor/developer responsibility certification, the submitting
firm shall stipulate that if it receives a notice of intent to award
contract it will provide the Township with a subcontractor list and
subcontractor information as specified herein.
F.
If the submitting firm is or was in the past five years related to
any other company or business entity that provided or provides contractual
services in the construction, maintenance, service or repair industries,
whether as a parent company, subsidiary or any other business relationship,
it shall submit a detailed written explanation of such relationship
and provide a contractor/developer responsibility certification for
the related company if requested.
G.
If any person or entity that is a shareholder, owner or partner of
the submitting firm owns an interest of 20% or more in another entity
that provides or has provided contractual services in the construction,
maintenance, service or repair industries, it shall submit a detailed
written explanation of such relationship and provide a contractor/developer
responsibility certification for such other entity if requested.
H.
The Township may require that contractor/developer responsibility
certifications and other information required by this article be submitted
electronically.
I.
The Township may charge firms submitting bids or proposals a reasonable
fee to defray costs for processing and evaluating contractor/developer
responsibility certifications and related information and documents.
A.
Consistent with § 196-203A of this article, the Township shall open and consider only those bids by firms that have submitted a contractor/developer responsibility certification. It shall then issue a notice of intent to award contract to the firm offering the lowest responsive bid or, in the case of competitive proposals, the firm offering the most advantageous proposal.
B.
Such notice shall be issued as soon as practicable after bids or
proposals are submitted and shall stipulate that the contract award
will be conditioned on the issuance of a written contractor/developer
responsibility determination, as required by this article.
A.
Within 14 days of receiving such a notice of intent to award contract,
a prospective awardee shall submit to the Township a subcontractor
list containing the names of all subcontractors it will use for the
referenced project, their addresses and a description of the work
each listed subcontractor will perform on the project.
B.
At the time a prospective awardee submits its subcontractor list
it shall also submit subcontractor responsibility certifications for
all listed subcontractors to the Township. Subcontractor responsibility
certifications shall be executed by the respective subcontractors
and shall contain the same information and representations required
in contractor/developer responsibility certifications.
C.
A construction manager, general contractor, other lead or prime contractor,
or developer shall not be permitted to use any subcontractor on procurement
contracts subject to this section which is not on the subcontractor
list, unless it demonstrates compelling reasons for using an unlisted
subcontractor and obtains prior written approval from the Township.
D.
The Township shall not approve an unlisted subcontractor, unless it executes a subcontractor responsibility certification as required by this article at least 30 days prior to commencing work. This thirty-day requirement may be waived in emergency situations. Any such certification shall be made available to the public as specified in § 196-208C of this article.
A.
Contractor/developer and subcontractor responsibility certifications
shall be executed by a person who has sufficient knowledge to address
all matters in the certification and shall include an attestation
stating, under the penalty of perjury, that all information submitted
is true, complete and accurate.
B.
If it is subsequently determined that a contractor/developer or subcontractor
responsibility certification contains false or misleading material
information that was provided knowingly or with reckless disregard
for the truth, or omits material information that was omitted knowingly
or with reckless disregard of the truth, the firm for which the certification
was submitted shall be prohibited from performing work for the Township
for a period of three years and shall be further subject to any other
penalties and sanctions, including contract termination, that are
available to the Township under law. A contract terminated under these
circumstances shall further entitle the Township to withhold payment
of any monies due to the firm as damages.
A.
Once a notice of intent to award contract has been issued, the Township
shall undertake a thirty-day agency review to determine whether the
prospective awardee is a qualified, responsible contractor or developer
in accordance with the requirements of this article and other applicable
laws and regulations.
B.
As part of this agency review, the Township shall ensure that the
contractor/developer responsibility certification, subcontractor list
and subcontractor responsibility certifications, as required by this
article, have been submitted and properly executed.
C.
The Township may further conduct any other inquiry to independently
verify that the prospective awardee and its listed subcontractors
have the technical qualifications and performance capabilities necessary
to successfully perform the contract and has a sufficient record of
compliance with the law and business integrity to justify the award
of a public contract. In conducting such inquiries, the Township may
seek information from firms which have submitted responsibility certifications,
prior customers of such firms, or from any other relevant source.
In conducting this evaluation, the Township may also consider relevant
information on any business entities that are found to be related
to the firm.
D.
In the event that the Township determines that a prospective subcontractor
does not meet the qualification standards included in the subcontractor
responsibility certification or does not otherwise qualify as a responsible
firm, it shall inform the general contractor, construction manager,
other lead or prime contractor, or developer and permit it to self-perform
the work of the subcontractor or substitute another subcontractor
which meets the requirements of this article.
E.
In the event that a subcontractor is disqualified under this article,
the general contractor, construction manager, other lead or prime
contractor, or developer shall not be permitted to make any type of
contractual claim against the Township on the basis of a subcontractor
disqualification.
F.
If at the conclusion of its internal review the Township determines that all responsibility certifications have been properly completed and executed and if it concludes that the qualifications, background and responsibility of the prospective awardee and the firms on its subcontractor list are satisfactory, it shall issue a written contractor/developer responsibility determination verifying that the prospective awardee is a qualified, responsible contractor or developer. The contractor/developer responsibility determination shall be issued within 30 days from the date the notice of intent to award contract is issued. This responsibility determination may be revoked or revised in any manner at any time during the public review process set forth in § 196-208 of this article in the event the Township obtains relevant information warranting any such revocation or revisions. If the Township determines that a prospective awardee does not meet the qualification standards of this article, it shall issue a determination stating that it finds the firm nonresponsible.
A.
Beginning on the date that the Township issues a notice of intent
to award contract, it shall provide a fourteen-day public review period,
during which time the contractor/developer responsibility certification,
subcontractor list, subcontractor responsibility certifications and
contractor/developer responsibility determination, as specified herein,
shall be subject to immediate public inspection as they become available
in a public document room or on a publicly accessible website. Upon
written request for the same, copies of these records shall be provided
to the public within five business days of such request.
B.
During the public review period, any person or organization may protest
a contractor, developer or subcontractor for failing to meet applicable
requirements of this article or for any other legitimate ground by
submitting a letter, together with evidence supporting the protest,
to the Township Manager.
C.
The Township shall not execute a contract that is subject to this
article until all of the requirements of this article have been fulfilled.
A.
If any provision of this article shall be held to be invalid or unenforceable
by a court of competent jurisdiction, any such holding shall not invalidate
any other provisions of this article and all remaining provisions
shall remain in full force and effect.
B.
The requirements of this article shall not apply to contracts executed
prior to the effective date of this article, except that the exercise
of an option on a contract covered by this article shall be deemed
to create a new contract for purposes of this article.
