[HISTORY: Adopted by the Municipal Council of the Municipality of Norristown as indicated in article histories. Amendments noted where applicable.]
Building contractors requirements — See Ch. 251.
[Adopted 2-5-2008 by Ord. No. 08-01]
Editor’s Note: This ordinance also repealed former Ch. 133, Contractors, Responsible, adopted 3-15-2005 by Ord. No. 05-07, as amended.
The Municipality of Norristown (hereinafter "Norristown") 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.
To effectuate the purpose of selecting responsible contractors for public contracts and to protect Norristown's investments in such contracts, prospective contractors and subcontractors should be required to meet preestablished, 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.
Therefore, Norristown shall require compliance with the provisions of this article by business entities seeking to provide services to Norristown as specified herein. The requirements of this article are intended to supplement, not replace, existing contractor 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 Norristown, this article shall prevail.
Editor's Note: Former Subsection C, regarding apprenticeship program requirements, was repealed 9-6-2016 by Ord. No. 16-11. This ordinance also provided for the redesignation of former Subsection D as Subsection C.
All contractors and subcontractors of any tier that perform work valued at over $25,000 on any public facility or public works project, including construction, alteration, renovation, repair, service or maintenance work, shall meet the requirements of this article.
[Amended 10-5-2010 by Ord. No. 10-16]
All firms engaged in contracts covered by this article 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.
As a condition of performing work on a public works contract subject to this article, 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.
The contractor responsibility certification shall be completed on a form provided by Norristown Public Works Department and shall reference the project for which a bid is being submitted by name and contract or project number.
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:
[Amended 9-6-2016 by Ord. No. 16-11]
The firm has 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 do business in the designated locale; and perform the contract work it seeks to perform. These shall include, but not be limited to, licenses, registrations or certifications for any type of trade work or specialty work which the firm proposes to self-perform.
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 requirements.
The firm has not been debarred by any federal, state or local government agency or authority in the past three years.
The firm has not defaulted on any project in the past three years.
The firm has not had any type of business, contracting or trade license, registration, or other certification suspended or revoked in the past three years.
The firm has not been cited for a willful violation of federal or state safety laws in the past three years.
The firm and its owners have not been convicted of any crime relating to the contracting business by a final decision of a court or government agency in the past 10 years.
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.
The firm will pay all craft employees that it employs on the project the current wage rates and benefits as required under applicable federal, state or local wage laws.
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.
The firm will maintain all qualifications, resources and capabilities referenced in this certification throughout the duration of the project.
The firm shall notify Norristown within seven days of any materials changes to all matters attested to in this certification.
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.
Execution of the contractor responsibility certification required by this article shall not establish a presumption of contractor responsibility and Norristown 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. Norristown may require that such information be included in a separate statement of qualifications and experience or as an attachment to the contractor responsibility certification.
The submitting first 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 § 133-5 of this article.
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.
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 Norristown because of its refusal to accept a bid for failing to provide information required by this section.
[Added 9-6-2016 by Ord. No. 16-11]
In addition to the contractor responsibility certification required by § 133-3C of this article and with the approval of Municipal Council and as set forth in the solicitation, all contractors and subcontractors of any tier who perform work valued at over $350,000 on any public facility or public works project, including construction, alteration, renovation, repair, service or maintenance work may be required to confirm the following facts regarding past performance and work history and its current qualifications and performance capabilities:
Participation in a bona fide apprenticeship program approved and registered with the United States Department of Labor's Bureau of Apprenticeship and Training or the Commonwealth of Pennsylvania for each apprenticeable trade or occupation represented in their workforce.
After it has received bids for a project, Norristown shall issue a notice of intent to award contract to the firms offering the lowest responsive bid.
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 § 133-6 of this article and any other conditions determined appropriate by Norristown.
Within five business days from the date of notice of intent to award contract, a prospective awardee shall submit to Norristown 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.
[Amended 8-20-2013 by Ord. No. 13-10]
At the time a prospective awardee submits the subcontractor list, it shall also submit subcontractor responsibility certifications for all listed subcontractors to Norristown. Subcontractor responsibility certifications shall be executed by the respective subcontractors on forms prepared by Norristown and shall contain the same information and representations required in contractor responsibility certifications as applicable under this article.
[Amended 9-6-2016 by Ord. No. 16-11]
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.
After a notice of intent to award contract has been issued, Norristown shall undertake a review process for a period of at least 12 days to determine whether the prospective awardee is a qualified, responsible contractor in accordance with the requirements of this article and other applicable laws and regulations and has the resources and capabilities to successfully perform the contract.
[Amended 8-20-2013 by Ord. No. 13-10]
As part of this review process, Norristown shall ensure that the contractor responsibility certification, the subcontractor list and the subcontractor responsibility certifications, as required by this article, have been submitted and properly executed.
Norristown 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, Norristown may seek relevant information from the firm, its prior clients or customers, its subcontractors or any other relevant source.
If at the conclusion of its internal review, Norristown 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 responsibility determination verifying that the prospective awardee is a qualified, responsible contractor. In the event a firm is determined to be nonresponsible, Norristown 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, rebid the project.
The contractor responsibility determination shall be issued at least 12 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 Norristown obtains relevant information warranting any such revocation or revisions.
[Amended 8-20-2013 by Ord. No. 13-10]
A construction manager, general contractor or other lead or prime contractor shall not be permitted to use a subcontractor on any work performed for Norristown unless it has identified the subcontractor on its subcontractor list and provided a subcontractor responsibility certification in accordance with the requirements of § 133-5 of this article.
A subcontractor listed on a firms subcontractor list shall not be substituted unless written authorization is obtained from Norristown and a subcontractor responsibility certification is provided for the substitute subcontractor.
In the event that Norristown 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:
Permit the awardee to substitute a qualified, responsible, subcontractor in accordance with the requirements of this section;
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
Disqualify the prospective awardee.
In the event that a subcontractor is disqualified under this article, the general contractor, construction manager or other lead or prime contractor shall not be permitted to make any type of contractual claim against the Norristown on the basis of a subcontractor disqualification.
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 Web site or other comparable means.
During the public review period, any person or organization may protest a contractor or subcontractor for failing to meet applicable requirements of this article or on any other relevant grounds by submitting a letter with supporting evidence to Norristown.
If Norristown 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 Norristown for a period of three years and shall be subject to any other penalties and sanctions, including contract termination, available to Norristown under law. A contract terminated under these circumstances shall further entitle Norristown to withhold payment of any monies due to the firm as damages.
A procurement contract subject to this article shall not be executed until all requirements of this article have been fulfilled and until contractor and subcontractor responsibility certification and subcontractor lists have been made available for public inspection for at least 12 days.
[Amended 8-20-2013 by Ord. No. 13-10]
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.
[Adopted 6-2-2009 by Ord. No. 09-09]
The purpose and intent of this article is to ensure that contractors that perform home improvement contracts in the Municipality of Norristown are registered with the Commonwealth of Pennsylvania as required by state law, and therefore maintain liability insurance as required by the Commonwealth of Pennsylvania.
The terms "contractor" and "home improvement contract," as used in this article, shall have the same definitions as those terms have in the Pennsylvania Home Improvement Consumer Protection Act, Act of October 17, 2008, P.L. 1645, No. 132, as amended.
Editor's Note: See 73 P.S. § 517.1 et seq.
All contractors that seek to perform home improvement contracts in the Municipality of Norristown shall, prior to receiving a building or other permit from the Code Enforcement Department for any home improvement contract in the Municipality, provide proof to the Director of Code Enforcement that said contractor is registered with the Commonwealth of Pennsylvania as required by the Act of October 17, 2008, P.L. 1645. No. 132, as amended, known as the "Home Improvement Consumer Protection Act." No contractor performing a home improvement contract in the Municipality of Norristown shall be required to register with the Municipality, obtain a license from the Municipality or pay a fee to the Municipality to meet the requirements of this article.
Any person, firm or corporation violating § 133-12 of this article, upon conviction in a summary proceeding by a Magisterial District Justice, shall be sentenced to pay a fine for the use of the Municipality of Norristown of not less than $100 nor more than $1,000 plus costs of prosecution and, in default of payment thereof, to imprisonment for a period of not more than 30 days.