[Ord. 1256, 12/8/2008, § 1]
1. The Borough of Bristol, hereinafter the "Borough of Bristol," recognizes
that there is a need to ensure that all work on public construction
and maintenance contracts is performed by responsible, qualified firms
that maintain the capacity, expertise, personnel and other qualifications
and resources necessary to successfully perform public contracts in
a timely, reliable and cost-effective manner.
2. To effectuate the purpose of selecting responsible contractors for
public contracts and to protect the Borough of Bristol's investments
in such contracts, prospective contractors and subcontractors should
be required to meet pre-established, clearly defined, minimum standards
relating to contractor 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,
law compliance and business integrity.
3. Further, 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 and imminent craft labor skill
shortages, it is necessary to require contractors and subcontractors
to participate in established, formal apprenticeship training programs
as a condition of bidding, for the purpose of both promoting successful
project delivery and ensuring future workforce development. The Borough
of Bristol 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.
4. Therefore, the Borough of Bristol shall require compliance with the
provisions of this Part by business entities seeking to provide services
to the Borough of Bristol as specified herein. The requirements of
this Part are intended to supplement, not replace, existing contractor
qualification and performance standards or criteria currently required
by law, public policy or contracting documents. However, if the application
of this Part prevents, or otherwise limits, the Borough of Bristol's
ability to receive public funding or other grants, then the provisions
of this Part shall not apply to the extent necessary.
[Ord. 1256, 12/8/2008, § 2; as amended by Ord.
1267, 11/9/2009]
1. This Part shall apply to all public works projects undertaken by
the Borough for construction, demolition, alteration, renovation,
repair, service and maintenance work valued at or above $750,000 and
shall apply to all contractors and subcontractors at any tier on such
projects.
[Amended by Ord. No. 1340, 6/8/2020; and by Ord. No. 1367, 8/14/2023]
2. All firms engaged in contracts covered by this Part 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.
[Ord. 1256, 12/8/2008, § 3]
1. As a condition of performing work on a public works contract subject
to this Part, 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 Borough of Bristol 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: (1) do business in the designated locale; and (2) 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.
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 had 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 per
incident, 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 the OSHA ten-hour training course for safety established
by the U.S. 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 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 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.
(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 Borough of Bristol 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.
P. Execution of the contractor responsibility certification required
by this Part shall not establish a presumption of contractor responsibility
and the Borough of Bristol 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 Borough of Bristol may require that
such information be included in a separate statement of qualifications
and experience or as an attachment to the contractor responsibility
certification.
Q. 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 §
1-1505 of this Part.
R. 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.
S. 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 Borough of Bristol because
of its refusal to accept a bid for failing to provide information
required by this section.
[Ord. 1256, 12/8/2008, § 4]
1. After it has received bids for a project, the Borough of Bristol
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 submitted and shall stipulate that the contract award will be conditioned on the issuance of a written contractor responsibility determination, as required by §
1-1506 of this Part and any other conditions determined appropriate by the Borough of Bristol.
[Ord. 1256, 12/8/2008, § 5]
1. Within seven days from the date of notice of intent to award contract,
a prospective awardee shall submit to the Borough of Bristol 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.
2. At the time a prospective awardee submits the subcontractor list it shall also submit subcontractor responsibility certifications for all listed subcontractors to the Borough of Bristol. Subcontractor responsibility certifications shall be executed by the respective subcontractors on forms prepared by the Borough of Bristol and shall contain the same information and representations required in contractor responsibility certifications, including verification of apprenticeship qualifications as required by §
1-1503, 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. 1256, 12/8/2008, § 6]
1. After a notice of intent to award contract has been issued, the Borough
of Bristol shall undertake a review process for a period of at least
30 days to determine whether the prospective awardee is a qualified,
responsible contractor in accordance with the requirements of this
Part and other applicable laws and regulations and has the resources
and capabilities to successfully perform the contract.
2. As part of this review process, the Borough of Bristol shall ensure
that the contractor responsibility certification, the subcontractor
list and the subcontractor responsibility certifications, as required
by this Part, have been submitted and properly executed.
3. The Borough of Bristol 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 Borough of Bristol 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 its internal review, the Borough of Bristol
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 Borough of Bristol 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.
5. 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 Borough of Bristol obtains relevant information
warranting any such revocation or revisions.
[Ord. 1256, 12/8/2008, § 7]
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 Borough of Bristol unless it has identified the subcontractor on its subcontractor list and provided a subcontractor responsibility certification in accordance with the requirements of §
1-1505 of this Part.
2. A subcontractor listed on a firm's subcontractor list shall not be
substituted unless written authorization is obtained from the Borough
of Bristol and a subcontractor responsibility certification is provided
for the substitute subcontractor.
3. In the event that the Borough of Bristol determines that a prospective
subcontractor listed by the apparent low bidder does not meet the
responsibility standards of this section, 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 section.
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.
C. Disqualify the prospective awardee.
4. In the event that a subcontractor is disqualified under this Part,
the general contractor, construction manager or other lead or prime
contractor shall not be permitted to make any type of contractual
claim against the Borough of Bristol on the basis of a subcontractor
disqualification.
[Ord. 1256, 12/8/2008, § 8]
1. 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 immediately available
to the public for inspection through a publicly accessible website
or other comparable means.
2. During the public review period, any person or organization may protest
a contractor or subcontractor for failing to meet applicable requirements
of this Part or on any other relevant grounds by submitting a letter
with supporting evidence to the Borough of Bristol.
3. If the Borough of Bristol 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 Borough of Bristol
for a period of three years and shall be subject to any other penalties
and sanctions, including contract termination, available to the Borough
of Bristol under law. A contract terminated under these circumstances
shall further entitle the Borough of Bristol to withhold payment of
any monies due to the firm as damages.
4. A procurement contract subject to this Part shall not be executed
until all requirements of this Part have been fulfilled and until
contractor and subcontractor responsibility certifications and subcontractor
lists have been made available for public inspection for at least
21 days.
[Ord. 1256, 12/8/2008, § 9]
1. If any provision of this Part 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 Part and all remaining provisions shall
remain in full force and effect.
2. This Part shall become effective January 1, 2009, but the Borough
of Bristol shall take such anticipatory administrative action in advance
as shall be necessary for the implementation of this Part.
3. The requirements of this Part shall not apply to contracts executed
prior to the effective date of this Part, except that the exercise
of an option on a contract covered by this Part shall be deemed to
create a new contract for purposes of this Part.