[Ord. 729, 5/5/2016[1]]
1.
All contractors and subcontractors of any tier that perform work
valued at over $350,000 on any public facility or public works project,
including construction, demolition, alteration, renovation, repair
and contract service or contract maintenance work, shall meet the
requirements of this Part 1.
2.
All firms engaged in contracts covered by this Part 1 shall be qualified,
responsible contractors or subcontractors that have sufficient capabilities
in all respects to successfully perform contracts on which they are
engaged, including the necessary experience, equipment, technical
skills and qualifications and organizational, financial and personnel
resources. Firms bidding on public contracts shall also be required
to have a satisfactory past performance record and a satisfactory
record of law compliance, integrity and business ethics.
3.
The Township's 2019 Five Ponds Golf Course
Irrigation Project is expressly excluded from the requirements of
this Part 1.
[Added by Ord. No. 757, 9/19/2019]
[Ord 729, 5/5/2016]
1.
As a condition of performing work on a public works contract subject
to this Part 1, a general contractor, construction manager or other
lead or prime contractor seeking award of a contract shall submit
a contractor responsibility certification at the time it submits its
bid for a contract.
2.
The contractor responsibility certification shall be completed on
a form provided by the Township and shall reference the project for
which a bid is being submitted by name and contract or project number.
3.
In the contractor responsibility certification the construction manager,
general contractor or other lead or prime contractor shall confirm
the following facts regarding its past performance and work history
and its current qualifications and performance capabilities:
A.
The firm and its employees have all valid, effective licenses, registrations
or certificates required by federal, state, county, or local law,
including, but not limited to, licenses, registrations or certificates
required to: (a) do business in the designated locale; and (b) perform
the contract work it seeks to perform. These shall include, but not
limited to, licenses, registrations or certificates for any type of
construction or maintenance trade work or specialty work which the
firm proposes to self-perform.
B.
The firm meets the bonding requirements for the contract, as required
by applicable law or contract specifications and any insurance requirements,
as required by applicable law or contract specifications, including
general liability insurance, workers' compensation insurance and unemployment
insurance.
C.
The firm has not been debarred or suspended by any federal, state
or local government agency or authority in the past three years.
D.
The firm has not defaulted on any project in the past three years.
E.
The firm has not has any type of business, contracting or trade license,
registration, or other certification revoked or suspended in the past
three years.
F.
The firm and its owners have not been convicted of any crime relating
to the contracting business in the past 10 years.
G.
The firm has not within the past three years been found in violation
of any law applicable to its contracting business, including, but
not limited to, licensing laws, tax laws, prompt payment laws, wage
and hour laws, prevailing wage laws, environmental laws or others,
where the result of such violation was the payment of a fine, back
pay damages or any other type of penalty in the amount of $1,000 or
more.
H.
The firm will pay all craft employees that it employs on the project
the current wage rates and fringe benefits as required under applicable
federal, state or local wage laws.
I.
All craft labor that will be employed by the firm for the project
have completed at least the OSHA ten-hour training course for safety
established by the United States Department of Labor, Occupational
Safety and Health Administration.
J.
The firm will employ craft employees in all classifications and individual
trades required to successfully perform the work related to this project.
K.
The firm participates in a Class A apprenticeship program for the
past three years, at a minimum, 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.
(1)
For purposes of this section, a "Class A apprenticeship program"
is an apprenticeship program that is currently registered with and
approved by the United States Department of Labor or a state apprenticeship
agency and has graduated apprentices to journeyperson status for at
least three of the past five years.
(2)
To demonstrate compliance with this section, the firm shall
provide, with this certification, a list of all trades or classifications
of craft employees it will employ on the project and documentation
verifying it participates in a Class A apprenticeship program for
each trade or classification listed.
L.
The firm has all other 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.
M.
The firm will maintain all qualifications, resources and capabilities
referenced in this certification throughout the duration of the project.
N.
The firm shall notify the Township within seven days of any material
changes to all matters attested to in this certification.
O.
The firm understands that the contractor responsibility certification
required by this section 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 the information
submitted is true, complete and accurate.
4.
Execution of the contractor responsibility certification required
by this Part 1 shall not establish a presumption of contractor responsibility,
and the Township may require any additional information it deems necessary
to evaluate a firm's status as a responsible contractor, including
technical qualifications, financial capacity or other resources and
performance capabilities. The Township may require that such information
be included in a separate statement of qualifications and experience
or as an attachment to the contractor responsibility certification.
6.
If the submitting firm has ever operated under another name or controls,
is controlled by another company or business entity or in the past
five years controlled or was controlled by another company or business
entity, whether as a parent company, subsidiary or in any other business
relation, it shall attach a separate statement to its contractor responsibility
certification that explains in detail the nature of any such relationship.
Additional information may be required from such an entity if the
relationship in question could potentially impact contract performance.
7.
If a firm fails to provide a contractor responsibility certification
required by this section, it shall be disqualified from bidding. No
action of any nature shall lie against the Township because of its
refusal to accept a bid for failing to provide information required
by this section.
[Ord 729, 5/5/2016]
1.
After it has received bids for a project, the Township shall issue
a notice of intent to award contract to the firm offering the lowest
responsive bid.
2.
Such notice shall be issued immediately or as soon as practicable after bids are opened and after the Board of Supervisors shall vote to authorize issuance of a notice to the apparent low bidder. The notice shall stipulate that the contract award is conditioned on the issuance of a written contractor responsibility determination, as required by § 4-105 and any other conditions determined appropriate by the Township.
[Ord 729, 5/5/2016]
1.
Within five days from the date of notice of intent to award contract,
a prospective awardee shall submit to the Township a subcontractor
list containing the names of any subcontractors that will be used
for the referenced project, their addresses and a description of the
work each listed subcontractor will perform on the project.
2.
At the time a prospective awardee submits the 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 on forms prepared by the Township and shall contain the same information and representations required in contractor responsibility certifications, including verification of apprenticeship qualifications as required by § 4-102, Subsection 3K, for each trade or classification of craft workers it will employ on the project.
3.
Subcontractor responsibility certifications shall be executed by
persons having 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.
[Ord 729, 5/5/2016]
1.
After a notice of intent to award contract has been issued, the Township
shall undertake a review process to determine whether the prospective
awardee is a qualified, responsible contractor in accordance with
the requirements of this Part 1 and other applicable laws and regulations
and has the resources and capabilities to successfully perform the
contract. The time of the review process shall be as determined necessary
by the Township, but in no event less than five calendar days.
2.
As part of this review process, the Township shall ensure that the
contractor responsibility certification, the subcontractor list and
the subcontractor responsibility certifications, as required by this
Part 1, have been submitted and properly executed.
3.
The Township may conduct any additional inquiries to verify that
the prospective awardee and its subcontractors have the technical
qualifications and performance capabilities necessary to successfully
perform the contract and that the firms have a sufficient record of
law compliance and business integrity to justify the award of a public
contract. In conducting such inquiries, the Township may seek relevant
information from the firm, its prior clients or customers, its subcontractors
or any other relevant source.
4.
If at the conclusion of the review process 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 may issue a formal, written
contractor responsibility determination verifying that the prospective
awardee is a qualified, responsible contractor. In the event a firm
is determined to be nonresponsible, the Township shall proceed to
conduct a responsibility review of the next lowest, responsive bidder
or, if necessary, rebid the project.
[Ord. 729, 5/5/2016]
1.
A construction manager, general contractor or other lead or prime contractor shall not be permitted to use a subcontractor on any work performed for the Township unless it has identified the subcontractor on its subcontractor list and provided a subcontractor responsibility certification in accordance with the requirements of § 4-104.
2.
A subcontractor listed on a firm's subcontractor list shall
not be substituted unless written authorization is obtained from Township
and a subcontractor responsibility certification is provided for the
substitute subcontractor.
3.
In the event that the Township determines that a prospective subcontractor
listed by the apparent low bidder does not meet the responsibility
standards of this Part 1, it may, after informing the prospective
awardee, exercise one of the following options:
A.
Permit the awardee to substitute a qualified, responsible, subcontractor
in accordance with the requirements of this Part 1;
B.
Require the awardee to self-perform the work in question if the firm
has the required experience, licenses and other qualifications to
perform the work in question; or
C.
Disqualify the prospective awardee.
4.
In the event that a subcontractor is disqualified under this Part
1, the general contractor, construction manager or other lead or prime
contractor shall not be permitted to make any type of contractual
claim against the Township on the basis of a subcontractor disqualification.
[Ord. 729, 5/5/2016]
If the Township determines that a contractor 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 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 subject to any other penalties and sanctions,
including contract termination, 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.
[Ord. 729, 5/5/2016]
1.
A contract subject to this Part 1 shall not be executed until all requirements of this Part 1 have been fulfilled and until contractor and subcontractor responsibility certifications have been issued by the Township under § 4-105, Subsection 4. Upon completion of all requirements under this Part 1, the Township may execute a final contract based upon the notice of intent approved by the Board of Supervisors without further Board action.
2.
Prior to the execution of a final contract under this Part 1, the
Township shall publicly post the notice of intent to award, contractor
and subcontractor responsibility certifications, subcontractor lists,
and contractor responsibility determination on the Township website
for public inspection for a period of five calendar days after the
issuance of the contractor responsibility determination.
