[HISTORY: Adopted by the Board of Commissioners of the Township
of Ridley as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-24-2008 by Ord. No. 1943[1]]
[1]
Editor's Note: This ordinance provided that its requirements
would not apply to contracts executed prior to its effective date,
except that the exercise of an option on a contract covered by this
ordinance shall be deemed to create a new contract.
A.
The Township of Ridley 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 such contracts in a timely, reliable and cost-effective
manner.
B.
To effectuate the purpose of selecting responsible contractors for
public contracts and to protect the Township of Ridley's investments
in such contracts, prospective contractors and subcontractors should
be required to meet preestablished, clearly defined, minimum standards
relating to contractor responsibility. Such standards include 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.
C.
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, bona fide apprenticeship training programs
for the purpose of both promoting successful project delivery and
ensuring future workforce development. The Township of Ridley 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.
D.
Therefore, the Township of Ridley shall require compliance with the
provisions of this article by business entities seeking to provide
services to the Township of Ridley 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 the Township of
Ridley, this act shall prevail.
A.
All contractors and subcontractors of any tier that perform work
valued at over $50,000 on any public facility or public works project,
including construction, alteration, renovation, repair, and maintenance
work, shall meet the requirements of this article.
B.
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. Qualified, responsible firms shall also have a satisfactory
past performance record of law compliance, integrity and business
ethics.
A.
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.
B.
The contractor responsibility certification shall be completed on
a form provided by the Township Administration office 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 has or will obtain 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:
(2)
The firm meets the bonding requirements for the contract, 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.
(3)
The firm has not been debarred on any project by a 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 suspended or revoked in the past
three years.
(6)
The firm has not committed a willful violation of federal or state
safety laws as determined by a final decision of a court or government
agency in the past three years.
(7)
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 for the past 10 years.
(8)
The firm has not within the past three years been found by a final
decision of a court or government agency 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 imposition of a fine, back pay damages or any other
type of penalty in the amount of $10,000 or more.
(9)
The firm will pay all craft employees that it employs on the project
the current wage rates and benefits as required under applicable state
or federal law for the duration of the referenced project.
(10)
The firm participates in a Class A Apprenticeship Program directly
related to each and every 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.
[Amended 2-24-2010 by Ord. No. 1968]
(a)
For the 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 three
of the past five years.
(b)
If a firm is identified as the lowest responsible bidder or
otherwise selected as the prospective awardee, it shall provide appropriate
documentation as determined by the Township Administration office,
to verify it meets the requirements of this section for each and every
trade or classification of craft workers it will employ on the project.
("Craft" shall mean special skills and trades which are recognized
as such by custom and usage in the building and construction industry).
This verification shall be provided prior to performance of work by
the firm.
[Amended 2-24-2010 by Ord. No. 1968]
(11)
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
contractors.
D.
Execution of the contractor responsibility certification required
by this article shall not establish a presumption of contractor responsibility,
and the Township Administration office may require any other additional
information it deems necessary to evaluate a prospective contractor's
technical qualifications, financial capacity or other resources and
performance capabilities. The Township Administration office 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.
If the submitting firm has ever operated under another name or controls
or 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.
F.
A contractor responsibility certification 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 all information submitted is true, complete
and accurate.
G.
If a firm fails to provide a contractor responsibility certification
required by this section, it may be disqualified from bidding. No
action of any nature shall lie against the Township of Ridley because
of its refusal to accept a bid for failing to provide information
required by this section.
A.
At the same time that the bid is submitted, a contractor 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 contractor 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 and contain the
same information and representations required in contractor responsibility
certifications.
C.
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.
A.
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 of Ridley unless it has identified the subcontractor on its subcontractor list and provided a subcontractor responsibility certification in accordance with the requirements of § 46-4 of this article.
B.
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.
C.
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 section, it may, after informing the prospective
awardee, exercise one of the following options:
(1)
Permit the awardee to substitute a qualified, responsible subcontractor
in accordance with the requirements of this section;
(2)
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
(3)
Disqualify the prospective awardee.
D.
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 Township and the Township of Ridley on the basis
of a subcontractor disqualification.
A.
The contractor responsibility certification for a firm identified
as the apparent low bidder, subcontractor lists and subcontractor
responsibility certifications shall be made available to the public
through the current public information procedure, which period shall
begin the day after the bids are opened.
B.
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 written
objection with supporting evidence to the Township.
C.
If the Township determines that the 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 that was omitted knowingly or with reckless
disregard of the truth, the firm for which the certification was submitted
may be prohibited from performing work for the Township of Ridley
for a period of up to three years. Such firms may also be subject
to any other penalties or sanctions, including contract termination,
available to the Township of Ridley under law. A contract terminated
under these circumstances shall further entitle the Township of Ridley
to withhold payment of any monies due to the firm as damages.
D.
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 certifications and subcontractor
lists have been made available for public inspection for at least
five calendar days.
E.
The applicability of this article to any contract shall be determined
by the Township and such applicability may be waived in the event
of emergency or in such other event when, in the opinion of the Township
with the approval of the Board of Commissioners, it is determined
that such action would be in the best interest of the Township of
Ridley.
