[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.]
[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Editor's Note: This ordinance repealed former Ch. 145, Contractors, adopted 5-9-1983 by Ord.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:
BOARD
The Code Appeals Board as appointed by the Board of Commissioners.
BOARD OF COMMISSIONERS
The Board of Commissioners of Radnor Township.
CODE OFFICIAL
The Director of Community Development of Radnor Township or duly authorized representative.
CONTRACTOR
A. 
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.
B. 
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.
DEPARTMENT
The Department of Community Development of Radnor Township.
TOWNSHIP
The Township of Radnor, Delaware County, in the Commonwealth of Pennsylvania.
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.
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.
[Added 2-9-2026 by Ord. No. 2026-02]
Radnor Township may, at its sole discretion, limit its collection of fees arising from the erection, demolition, construction, renovation, grading, or improvement of any buildings or real property to an hourly rate reflecting time of Township-employed professionals only, without accounting for overhead or other costs.
A. 
Where the Township exercises its discretion to discount permitting fees, such discount shall not result in a discount or waiver of the applicant's obligation to pay for professional fees incurred by the Township in the review of applications and plans prerequisite to the issuance of applied-for permits, and neither shall such a discount result in a discount or waiver of any stormwater management or sanitary sewer fees, or other annual fees or taxes which would otherwise be due in the ordinary course of events.
B. 
In any project in which the Township discounts the collection of fees as set forth above, the applicant shall be required, as a condition of such waiver, to comply with the provisions of §§ 145-8 through 145-13, (or as the Radnor Township Code shall be amended, from time to time, those sections governing responsible contractor requirements).
C. 
Notwithstanding the foregoing, in the event that: (i) the cost of an applicant's project is limited by law, (ii) the applicant has made a good faith attempt to solicit bids for its project in compliance with this section; and (iii) the applicant has received no responsible and responsive bids that meet the cost limitations required by law, then the applicant may thereafter proceed with the project outside the requirements of §§ 145-8 through 145-13 of this chapter without forfeiting the Township's discretionary discount on permitting fees.
D. 
The Township Manager is authorized to prepare rules and regulations deemed necessary to implement the purposes of this section and to be approved by separate resolution of the Board of Commissioners.