[HISTORY: Adopted by the Board of Commissioners
of the Township of Radnor 7-15-1996 by Ord. No. 96-21.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 125.
Electrical standards — See Ch. 156.
Fees — See Ch. 162.
Fire prevention — See Ch. 166.
Grading, excavations and fills — See Ch. 175.
Mechanical standards — See Ch. 195.
Plumbing — See Ch. 218.
Property maintenance — See Ch. 222.
Sewers — See Ch. 235.
Stormwater management — See Ch. 245.
Streets and sidewalks — See Ch. 250.
Subdivision of land — See Ch. 255.
[1]
Editor's Note: This ordinance repealed former
Ch. 145, Contractors, adopted 5-9-1983 by Ord. No. 83-17, as amended.
As used in this chapter, the following terms
shall have the meanings indicated:
The Code Appeals Board as appointed by the Board of Commissioners.
The Board of Commissioners of Radnor Township.
The Director of Community Development of Radnor Township
or duly authorized representative.
GENERAL CONTRACTORAny person, other than a bona fide employee of the contractor, who engages in the business of constructing, altering, repairing or remodeling residential or nonresidential buildings or structures within the Township of Radnor.
SPECIALTY CONTRACTORAny person, other than a bona fide employee of the contractor, whose work is limited to a specific discipline as determined by the Director. "Specialty contractors" shall include but shall not be limited to the following disciplines: sign installation, masonry work, installation of septic systems, installation of fire suppression systems, demolition of buildings and structures, tank removal.
The Department of Community Development of Radnor Township.
The Township of Radnor, Delaware County, in the Commonwealth
of Pennsylvania.
The code official shall administer and enforce
the provisions of this chapter.
A.
License required. Effective the date of this chapter,
it shall be unlawful for any person, firm or corporation to engage
in the business as a contractor within the Township of Radnor without
first having obtained a license from the Department of Community Development.
B.
Application. Application shall be made on a form furnished
by the Township and shall include the name of the business, partnership
or corporation and the name of the individual to be licensed, along
with any additional information which the Township may require. One
member of the business, partnership or corporation shall be sufficient
for the issuance of a license. Contractors shall be required to provide
proof of registration as a contractor with another municipality, provide
acceptable job references, or furnish such other information as the
code official determines satisfactory for the issuance of license.
C.
Fees. License fees shall be charged as set forth in Chapter 162, Fees, of the Township Code and shall be valid for a period of one year from the date issued.
D.
Insurance. No contractor shall be issued a permit
unless a certificate of insurance is filed with the Department. The
certificate of insurance shall contain a provision that coverage afforded
under the policy will not be canceled, materially changed or not renewed
until at least 30 days' prior written notice has been given to the
Township. The certificate of insurance must evidence policies of insurance
maintained at the expense of the applicant for comprehensive liability,
including products/completed operations/broad contractual and property
damage; each occurrence, $500,000.
Immediate notice shall be given by any licensee
hereunder to the Township of any change of his place of business.
It shall be unlawful for any person who does
not have a contractor's license issued by the Township to engage in
or represent himself as engaged in the business of contracting work
within the Township.
A contractor's license may be suspended or revoked
by the code official for violation of any section of this chapter,
or for violations of any standards, conditions or requirements under
which a permit is issued by the Township. Notification and justification
for such action shall be provided to the contractor by the code official
by both certified and regular mail. The contractor, or authorized
agent or attorney, may, within 10 calendar days from the date of the
notice, appeal the decision to the Code Appeals Board. The appeal
shall be in writing, state the decision of the code official and reasons
for the exception taken thereto and shall be filed with the Township
Secretary. The Code Appeals Board shall, within 30 calendar days from
receipt of the appeal, fix a date, time and location for a hearing
to allow all parties to be heard. Upon conclusion of the hearing,
the Code Appeals Board shall render a prompt decision and affirm,
modify or reverse the decision of the code official, with such decision
being duly recorded and final.
Any person who shall violate a provision of
this chapter or fails to comply with the requirements thereof shall,
upon conviction, be punishable by a fine of not more than $1,000.
Each day that a violation continues shall be deemed a separate offense.
[Added 7-18-2022 by Ord. No. 2022-08]
A.
This chapter
shall apply to any public works projects undertaken by the Township
for construction, demolition, alteration, renovation, modernization
service or maintenance of any buildings, structures or facilities
valued at $50,000 or more. All contractors and subcontractors of any
tier that perform work on such projects, regardless of value of individual
contract or subcontract packages shall meet the requirements of this
chapter.
B.
All fines
engaged in contracts covered by this chapter 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.
[Added 7-18-2022 by Ord. No. 2022-08]
A.
As a condition
of performing work on a public works contract subject to this ordinance,
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.
B.
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.
C.
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:
(1)
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
be 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.
(2)
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.
(3)
The
fine has not been debarred or suspended by any federal, state or local
government agency or authority in the past three years.
(4)
The
firm has not defaulted on any project in the past three years.
(5)
The
firm has not had any type of business, contracting or trade license,
registration, or other certification revoked or suspended in the past
three years.
(6)
The
firm and its owners have not been convicted of any crime relating
to the contracting business in the past ten years.
(7)
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.
(8)
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.
(9)
All
craft labor that will employed by the firm for the project have completed
the OSHA ten-hour training course for safety established by the U.S.
Department of Labor, Occupational Safety and Health Administration.
If the firm is a prime contractor, it shall also ensure that at least
one person on the project has completed the OSHA thirty-hour construction
training course established by the U. S. Department of Labor.
(10)
The
firm will employ craft employees in all classifications and individual
trades required to successfully perform the work related to this project.
(11)
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.
(a)
For purposes of this section, a Class A Apprenticeship Program is
an apprenticeship program that is currently registered with and approved
by the U.S. Department of Labor or a state apprenticeship agency and
has graduated apprentices to journeyperson status for at least three
of the past five years. This may be an apprenticeship program subject
to the Employee Retirement Income Security Act of 1974 (ERISA), or
a non-ERISA program.
(b)
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.
(12)
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.
(13)
The
firm will maintain all qualifications, resources and capabilities
referenced in this certification throughout the duration of the project.
(14)
The
firm shall notify the Township within seven days of any material changes
to all matters attested to in this certification.
(15)
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.
(16)
The construction manager, general contractor or other lead or prime contractor responsible for the project shall ensure that at least 70% of the craft labor workers employed on the project shall be comprised of either journeyperson workers who have successfully completed a Class A Apprenticeship Program as defined in Subsection C(11) of this section or apprentices registered in such program, in the same trade or craft for which the workers are employed on the project.
D.
Execution
of the contractor responsibility certification required by this chapter
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.
E.
The submitting firm shall stipulate in the contractor responsibility certification that, if it receives a notice of intent to award contract, it will provide a subcontractor list and required subcontractor information as specified in § 145-11 of this chapter.
F.
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.
G.
If a firm
fails to provide a contractor responsibility certification required
by this section in any bid submission to the Township, such failure
shall constitute grounds to reject such bid as noncompliant with this
chapter and shall disqualify such firm from bidding. No action of
any nature shall lie against the Township because of its refusal to
accept or award a bid for failing to provide information required
by this section.
[Added 7-18-2022 by Ord. No. 2022-08]
A.
After
it has received bids for a project, the Township shall issue a notice
of intent to award contract to the firm that has submitted the lowest
responsive and responsible bid.
B.
Such notice shall be issued immediately or as soon as practicable after bids are submitted and shall stipulate that the contract award will be conditioned on the issuance of a written contractor responsibility determination, as required by § 145-12 of this chapter and any other conditions determined appropriate by the Township.
[Added 7-18-2022 by Ord. No. 2022-08]
A.
Within
14 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 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.
B.
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 in formation and representations required in contractor responsibility certifications, including verification of apprenticeship qualifications as required by § 145-9C(11), for each trade or classification of craft workers it will employ on the project.
C.
The prospective
awardee 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 this chapter. All subcontractors
shall be identified on the subcontractor list submitted by any bidder
and subcontractor responsibility certifications shall be submitted
with supporting documentation by a prospective awardee.
D.
A prospective
awardee shall determine whether any firm on its subcontractor list,
at any tier, is organized as a sole proprietorship and operated by
a single person. For any such entity, the prospective awardee shall
ensure that the sole proprietorship subcontractor is a legitimate
business entity by requiring the subcontractor to supplement its subcontractor
certification with its Employer Identification Number and copies of
all licenses or registrations it is required to do business in the
state in which it is located.
E.
A subcontractor
listed on a firm's subcontractor list shall not be substituted unless
written authorization is obtained from the Township and a subcontractor
responsibility certification is provided for the substitute subcontractor.
F.
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.
G.
In the
event that the Township determines that a subcontractor fails to meet
the requirements of this chapter or is otherwise deemed to be nonresponsible,
the Township may exercise one of the following options:
(1)
Permit
the awardee to substitute a qualified, responsible subcontractor in
accordance with the requirements of this section upon submission of
a completed subcontractor certification for the substitute and approval
by the Township;
(2)
Require
the awardee to self-perform the work in question if the firm has the
required experience, licenses and qualifications to perform the work;
or
(3)
Disqualify
the prospective awardee for noncompliance with this chapter.
[Added 7-18-2022 by Ord. No. 2022-08]
A.
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 chapter and other applicable laws and regulations
and has the resources and capabilities to successfully perform the
contract.
B.
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 chapter, have been
submitted and properly executed.
C.
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.
D.
If at
the conclusion of its internal review, the Township determines that
all responsibility certifications have been properly competed 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 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 advise the firm of its finding in writing and proceed
to conduct a responsibility review of the next lowest, responsive
bidder or, if necessary, re-bid the project.
E.
The contractor
responsibility determination shall be issued at least 30 days after
the date of the notice of intent to award contract. this responsibility
determination may be revoked or revised in any manner at any time
if the Township obtains relevant information warranting any such revocation
or revisions.
[Added 7-18-2022 by Ord. No. 2022-08]
A.
The contractor
responsibility certification for a firm identified in a notice of
intent to award contract, subcontractor lists and subcontractor responsibility
certifications shall be made available to the public for inspection
for 10 calendar days prior to executing a final contract covering
the project.
B.
A contract
subject to this chapter shall not be executed until all requirements
of this chapter have been fulfilled and until a contractor responsibility
determination has been issued by the Township.
C.
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.
