[1]
Editor's Note: This Subpart was adopted by Ord. No. 2015-4, 2/23/2015, which ordinance also provided: "The requirements of this ordinance shall not apply to contracts advertised or executed prior to the effective date of this ordinance, except that the exercise of an option on a contract covered by this ordinance shall be deemed to create a new contract for purposes of this ordinance."
[Ord. 2015-4, 2/23/2015]
1. 
The Borough of Doylestown ("Borough") 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'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, as a condition of bidding, to demonstrate their training and qualifications such as through participation in established, formal apprenticeship training programs, for the purpose of both promoting successful project delivery and workforce development.
4. 
The Borough 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.
5. 
Therefore, the Borough shall require compliance with the provisions of this Subpart by business entities seeking to provide services to the Borough as specified herein.
6. 
The requirements of this Subpart 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 Subpart conflict with any law, public policy or contracting documents of the Borough, this Subpart shall prevail.
[Ord. 2015-4, 2/23/2015]
1. 
All contractors and subcontractors of any tier that perform work on a contract valued at over $100,000 on any public facility or public works project, including construction, alteration, renovation, repair, service or maintenance work, shall meet the requirements of this Subpart.
2. 
All firms engaged in contracts covered by this Subpart 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.
3. 
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.
4. 
The Borough may award a contract without application of the terms of this Section if:
A. 
The Borough Council determines that emergency circumstances exist that render the requirements and procedures set forth in this Section unduly burdensome; or
B. 
After two attempts to award the public works contract to a responsible contractor, as defined in this section, the Borough Council determines that no contractor meets the requirements of this Section.
[Ord. 2015-4, 2/23/2015]
1. 
As a condition of performing work on a public works contract subject to this Subpart, 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 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: 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.
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 or more.
H. 
The firm will pay all craft employees that it employs on the project no less than the current wage rates and fringe benefits as required under applicable Federal, State or local wage laws.
I. 
The firm will employ craft employees in all classifications and individual trades required to successfully perform the work related to this project.
J. 
The firm's employees are well-qualified and well-trained to successfully perform the work related to this project, as demonstrated in accordance with this subsection.
(1) 
The firm may satisfy the requirements of this subsection and presumptively establish that its employees are well qualified and well trained by:
(a) 
Demonstrating that it participates in a Class A apprenticeship program for each separate trade or classification in which it employs craft employees and continued participation in such program or programs for the duration of the project.
1) 
For purposes of this Chapter, 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;
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; and
3) 
If the firm determines to utilize apprentices, then it shall demonstrate that the apprenticeship program referenced in Subsection 3J(1)(a)1) above has graduated apprentices to journeyperson status for at least three of the past five years.
(2) 
Alternatively, the firm may seek to satisfy the requirements of this subsection by submitting documentation to establish that no fewer than 70% of the employees employed to work on the project are graduates of an apprenticeship and/or training program, registered with and certified by the U.S. Department of Labor or the Pennsylvania Apprenticeship and Training Council in each trade or craft in which each such employee is assigned work. The contractor will be required to submit such documentation with the contractor responsibility certification, as well as each week work is assigned.
(3) 
The firm shall demonstrate that 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.
(4) 
Nothing in this subsection shall be interpreted as mandating any particular employee benefit program, structure or administration.
K. 
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.
L. 
The firm will maintain all qualifications, resources and capabilities referenced in this certification throughout the duration of the project.
M. 
The firm shall notify the Borough within seven days of any material changes to all matters attested to in this certification.
N. 
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.
4. 
As part of the bid documents, the Borough 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 may require that such information be included in a separate statement of qualifications and experience or as an attachment to the contractor responsibility certification.
5. 
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 § 735 of this Subpart.
6. 
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.
7. 
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 because of its refusal to accept a bid for failing to provide information required by this Section.
[Ord. 2015-4, 2/23/2015]
1. 
After it has received bids for a project, the Borough 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 § 736 of this Subpart and any other conditions determined appropriate by the Borough.
[Ord. 2015-4, 2/23/2015]
1. 
Within 30 days from the date of notice of intent to award contract, a prospective awardee shall submit to the Borough 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. Subcontractor responsibility certifications shall be executed by the respective subcontractors on forms prepared by the Borough and shall contain the same information and representations required in contractor responsibility certifications, including verification of apprenticeship qualifications as required by § 733.3J, 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.
4. 
With regard to any proposed subcontractor, upon request and if good cause is shown, the Borough Manager may waive an individual requirement of § 733.3 other than § 733.3A, B, C, and H, so long as the following requirements are satisfied:
A. 
The proposed subcontractor satisfies all other requirements of § 733.3;
B. 
The value of the subcontract does not exceed $50,000, provided that no subcontracts shall be awarded piecemeal, with the purpose or effect of evading this threshold, which transactions should, in the exercise of reasonable discretion and prudence, be conducted as one transaction;
C. 
With regard to any request to waive the requirements of § 733.3J, the subcontractor shall, at a minimum, demonstrate that each of its employees participates in or has graduated from a Class A apprenticeship program, is a journeyman or master craftsman/tradesman, or has been working for the subcontractor for a minimum of 10 consecutive years.
[Ord. 2015-4, 2/23/2015]
1. 
After a notice of intent to award contract has been issued, the Borough 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 Subpart 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 shall ensure that the contractor responsibility certification, the subcontractor list and the subcontractor responsibility certifications, as required by this Subpart, have been submitted and properly executed.
3. 
The Borough 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 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 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, the Borough 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.
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 obtains relevant information warranting any such revocation or revisions.
[Ord. 2015-4, 2/23/2015]
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 unless it has identified the subcontractor on its subcontractor list and provided a subcontractor responsibility certification in accordance with the requirements of § 735 of this Subpart.
2. 
A subcontractor listed on a firm's subcontractor list shall not be substituted unless written authorization is obtained from Borough and a subcontractor responsibility certification is provided for the substitute subcontractor.
3. 
In the event that the Borough 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 a reasonable period of time 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; or
C. 
Disqualify the prospective awardee.
4. 
In the event that a subcontractor is disqualified under this Subpart, 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 on the basis of a subcontractor disqualification.
[Ord. 2015-4, 2/23/2015]
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.
2. 
A procurement contract subject to this Subpart shall not be executed until all requirements of this Subpart 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.