[HISTORY: Adopted by the Board of Commissioners of the Township of Tinicum as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 103.
[Adopted 9-20-1999 by Ord. No. 726]
This article shall be known and may be cited as the "Township of Tinicum Contractor Licensing Ordinance."
The following words and phrases as used in this article shall have the meanings ascribed to them in this section, unless the context clearly indicates a different meaning. The masculine includes the feminine, the singular includes the plural and the plural includes the singular.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer of the Township of Tinicum.
CONTRACT
An agreement, whether oral or written, and whether contained in one or more documents, between a contractor and an owner or another contractor for the performance of work, including all labor, services and materials to be furnished and performed thereunder.
CONTRACTOR
Any person, other than a bona fide employee of the contractor, who undertakes or offers to perform construction, repair, roofing and reroofing, remodeling, rehabilitation, demolition, paving, electrical, plumbing and any other residential or nonresidential construction or demolition work in the Township, whether as a general contractor, subcontractor, specialty contractor or home improvement contractor with respect to the property owner.
LICENSE YEAR
The twelve-month period beginning the first day of January of each year.
OWNER
Any property owner, tenant or other person who orders, contracts for or purchases the services of a contractor or any person entitled to the work of a contractor pursuant to a contract, gift or otherwise.
PERSON
Any individual, partnership, limited partnership, association, corporation, trust or other legally recognizable entity.
TOWNSHIP
The Township of Tinicum.
The Code Enforcement Officer or his authorized representatives shall administer and enforce the provisions of this article.
No person shall act as a contractor in the Township except in compliance with the provisions of this article. Any person, including an owner, who willfully aids a contractor or participates with a contractor in violating any provisions of this article is in violation of this article. The provisions of this article may not be waived by agreement.
A license issued pursuant to this article shall not be construed to authorize the licensee to perform any particular type of work or type of business which is reserved to qualified licenses under other provisions of state or local law.
For the license year beginning January 1, 1999, and each license year thereafter, every person desiring to continue to engage in or hereafter to begin to engage in the business of acting as a contractor in the Township shall, or before the first day of January of the license year, or prior to commencing business in such license year, make application for a license to act as a contractor in the Township. Such application shall be made by the completion of an application furnished by the Township and the payment of a license fee as hereinafter set forth in this article. Each application must contain information as set forth hereafter in this article, and each applicant must present satisfactory proof of insurance as set forth hereafter in this article. Each application for a license shall be signed by the applicant, if a natural person, and in the case of an association or a partnership, by a member or partner thereof, and in case of a corporation, by an officer thereof. Each successful applicant shall be issued a license. All contractors' licenses shall expire at 12:00 midnight on December 31 of each license year unless the license is revoked or suspended prior thereto under the terms of this article. A person with an unexpired license, which has not been revoked or suspended during the current year, who makes application for a license for the following license year, need not complete an application form, but must only submit the required license fee and, if he qualifies for licensing and renewal under the terms of this article, his license shall be renewed for the following license year. Any contractor carrying on the business of contractor in the Township must secure a license under the terms of this article for each license year during which he carries on such business.
A. 
No contractor's license shall be required of any person when acting in a particular capacity or particular type of transaction as follows:
(1) 
A person who performs labor or services for a contractor for wages or salary.
B. 
The Township of Tinicum's licensing does not preclude the requirement to obtain a building, electrical or plumbing permit or any other permit(s) that may be required for construction, repair, remodeling, rehabilitation, demolition, roofing, paving, electrical, plumbing, installation or repair or any other residential or nonresidential construction or trade.
A. 
No contractor's license shall be issued unless the applicant files a certificate of insurance with the Township at the time of license application. The certificate of insurance shall contain a provision that coverage afforded under the policy will not be canceled until at least 15 days after prior written notice of such cancellation has been given to the Township. The certificate of insurance must evidence policies of insurance, maintained at the expense of the applicant, for public liability, property damage, products liability and completed operations, each of which must have a single occurrence limit of at least $1,000,000 and workmen's compensation as may be required by law. Blasting and demolition insurance shall also be required for blasting and demolition contractors, and the reasonable limits of such insurance shall be determined by the Code Enforcement Officer at the time of application, based on the nature and extent of the applicant's proposed operations.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
All types of limits of insurance for which certificates are presented at the time of application, and based upon which a license is issued, shall be maintained throughout the license year or the license will be suspended or revoked as hereinafter set forth; the Township must be timely advised of any changes prior to a change in a carrier during a license year.
A. 
At the time of application for a new license or for the renewal of a current license, the applicant shall pay to the Township a license application fee, all payable to the Township of Tinicum as follows:
(1) 
All applicants: $50.
B. 
No fee or portion thereof shall be returned to a successful or unsuccessful applicant.
C. 
The annual license renewal period shall extend from December 1 of one year to January 31 of the following year. The fee for license renewal after the January 31 deadline shall be $60.
A. 
When an application has been filed with the Township in proper form, the Code Enforcement Officer must, within a period of 30 days from the date following the date the application is received, issue or refuse to issue the appropriate contractor's license to the applicant. If issuance of a license is denied, the Code Enforcement Officer shall mail to the unsuccessful applicant a written statement setting forth the reason or reasons for the denial within the aforesaid thirty-day period.
B. 
The application for a license shall be a printed form, provided to the applicant by the Township, and the application shall require a written answer to all questions contained thereon. Failure to answer all questions on the application form shall mean that the applicant is not entitled to consideration of his application until he has answered all questions. The application form shall be signed by the applicant under oath. The questions and information requested on the application form shall include, but not be limited to, the following:
(1) 
The name of owners, partners, directors and officers of the applicant and the business address and trade names of the applicant.
(2) 
A statement as to whether or not any municipalities have refused to issue or have revoked any similar contractors' licenses to the applicant within two years previous to the date of the application. In the event that there has been such a denial or revocation, the applicant must explain in writing the reasons for such denial or revocation.
(3) 
A listing of all previous contractor's jobs completed or accepted by the applicant within two years prior to the application, along with a statement of the location of the jobs and the names, addresses and telephone numbers of the party or parties who contracted with the applicant for such jobs.
(4) 
A listing of all convictions within two years prior to the date of the application for any crimes or offenses under any federal or state criminal statute or common law criminal offense or for violation of any municipal ordinance, so long as such convictions were for crimes or offenses related to the applicant's work or contracts as a contractor. The term "conviction" shall include guilty pleas and pleas of nolo contendere. If any such convictions exist, the applicant shall give in writing the caption, court and term number of the proceeding leading to the conviction. The applicant shall also explain, in writing, the nature of the conviction.
(5) 
A listing of all unsatisfied civil judgments in any jurisdiction against the applicant, if such civil judgments were entered on a lawsuit in which it was alleged that the applicant failed to complete a contract as defined in this article or improperly performed a contract as defined in this article. The applicant shall give, in writing, the caption, court and term numbers of the civil action upon which any such judgments were entered and shall explain in writing the nature of all such civil judgments.
Every contractor/licensee shall, within 10 days after a change of ownership, directors, officers, management, address or trade name, notify the Code Enforcement Officer of such change.
No license shall be issued or renewed under the following circumstances:
A. 
If the applicant falsely answered any question or questions contained on the application form.
B. 
If the applicant has been refused a similar contractor's license or has had a similar contractor's license revoked or suspended by another municipality within two years prior to the date of application for issuance or renewal and if the refusal, revocation or suspensions by the other municipality was due to failure to comply with that municipality's building code.
C. 
If the applicant has been convicted within two years prior to the date of the application for any crimes or offenses under any federal or state criminal statute or common law criminal offense or for violation of any municipal ordinance, so long as such convictions were for crimes or offenses related to the applicant's work as a contractor. The term "conviction" shall include guilty pleas and pleas of nolo contendere.
D. 
If any unsatisfied civil judgment against the applicant exists in any court in any jurisdiction, and if the record of such court shows that such judgment was entered because of the applicant's failure to complete a contract as defined in this article or if such judgment was entered because of applicant's failure to properly perform a contract as defined in this article.
The Township shall revoke any license issued under the provisions of this article under the following circumstances:
A. 
If the licensee falsely answered any question or questions contained on an application for licensing or renewal of licensing previously submitted to the Code Enforcement Officer.
B. 
Failure of the licensee to maintain during the license year the policies of insurance required under the provisions of this article.
C. 
If the licensee violates any of the terms or provisions of the Township building codes, as amended, or any terms or provisions of this article.
D. 
If the licensee violates any condition or requirement of a building permit, demolition permit, sewer construction permit, highway permit or any permit issued by the Township of Tinicum.
E. 
If the licensee willfully deviates from or disregards any plans or specifications for any contracting job in any material respect without first obtaining the consent of the owner in writing to any such change and without first notifying the Code Enforcement Officer of any such change.
F. 
If the licensee does any business through any person who is subject to the licensing requirements of this article and who is not licensed as required by this article.
G. 
If the licensee conducts a contractor's business in the Township of Tinicum under any name other than that under which he is licensed.
H. 
If the licensee fails to comply with an order, demand or requirement lawfully made by the Code Enforcement Officer under the authority of this article or any other Township ordinance.
In addition to all other acts prohibited by the terms of this article, those acts warranting revocation of a license under this article shall also be prohibited acts under this article.
In addition to refusal or revocation of a license as provided under this article, any person, as defined in this article, or any officer, agent, servant or employee thereof who shall fail, neglect or refuse to comply with any of the terms or provisions of this article shall upon conviction thereof before a Magisterial District Judge, be sentenced to pay a fine or penalty of $1,000, plus costs of prosecution, to be collected as like fines or penalties and costs are now by law collectible, and, in default of payment of such fine and costs, to imprisonment in the county jail for a period not exceeding 30 days. The fine or penalty imposed by this section shall be in addition to any other penalty imposed by this article, and each and every day in which any person, firm or corporation shall be in violation of this article shall constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Nothing in this article shall be construed to affect any suit or proceeding pending in any court or any rights required or liability incurred or any cause or causes of action acquired or existing prior to its adoption, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this article.
[Adopted 5-15-2006 by Ord. No. 799]
A. 
All contractors and subcontractors of any type which perform work valued in excess of $150,000 on any public facility or public works project, including construction, alteration, renovation, repair, service or maintenance, shall meet the requirements of this article.
B. 
All contractors 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 personnel and financial resources. Qualified, responsible contractors shall also have a satisfactory past performance record and a satisfactory 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 which seeks the award of a public works contract, shall submit a contractor responsibility certification at the time it submits its bid or proposal for a contract.
B. 
The contractor responsibility certification shall be completed on a form provided by the Township of Tinicum and shall reference the project for which the bid or proposal is being submitted by name and contract or project description.
C. 
In the contractor responsibility certification, the construction manager, general contractor or other lead or prime contractor shall confirm the following facts regarding the past performance and work history and its current qualifications and performance capabilities:
(1) 
The contractor has not been debarred by any federal, state or local government agency or authority in the past three years.
(2) 
No officer, director, owner or managerial employee of the contractor has been convicted of a felony related to construction, maintenance, service or repair contracting industries.
(3) 
The contractor has not defaulted on any projects in the past three years.
(4) 
The contractor has not had any type of business, contracting or trade license revoked or suspended by any government agency or authority in the past three years.
(5) 
The contractor has not been found in violation of any federal, state or local law relating to its contracting business, including but not limited to wage or hour laws, environmental laws, antitrust laws, licensing laws, tax laws, the Steel Products Procurement Act,[1] Americans with Disabilities Act, by a final decision of a court or government agency or other authority in the past three years.
[1]
Editor's Note: See 73 P.S. § 1881 et seq.
(6) 
The contractor has all 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.
(7) 
The contractor participates in a Class A Apprenticeship Program for each trade or craft in which it employs craft employees and shall continue to participate in such program or programs for the duration of the project. A Class A Apprenticeship Program is an apprenticeship program which is currently registered with the U.S. Department of Labor or a state apprentice agency and has graduated apprentices to journeyperson status for each of the past five consecutive years. The contractor shall provide proof of meeting this qualification standard by submitting appropriate documentation as an attachment to the Responsible Contractor Certification. To permit development of recently registered programs, the graduation requirement of this provision shall not apply to:
(a) 
An apprenticeship training program registered within the past five years; or
(b) 
An apprenticeship program registered within the past 10 years if the program provides apprenticeship training for a craft or trade that was not recognized as an apprenticeable craft or trade by the U.S. Department of Labor or State Apprenticeship Council at the time the program was registered.
Any program not required to meet the graduation requirements of this section shall, in addition to providing proof that it is currently registered with federal or state government, provide evidence that the program is actively engaged in bona fide apprenticeship training activity.
D. 
The Township of Tinicum may require any other additional information it deems necessary to evaluate a prospective contractor's technical qualifications, resources and performance capabilities. The Township of Tinicum may require that such information be included in a Statement of Qualifications and Experience as an attachment to the Contractor Responsibility Certification.
E. 
In the Contractor Responsibility Certification, the submitting contractor shall stipulate that if it receives a notice of the award of a contract, it will provide the Township of Tinicum with its subcontractor list and subcontractor information as specified herein.
F. 
If the submitting contractor is, or was in the past five years, related to any other company or business entity that provided or provides contractual services in the construction, maintenance, service or repair industries, whether as a parent company, subsidiary or any other business relationship, it shall submit a detailed written explanation of such relationship and provide a contractor responsibility certification for the related company if requested.
G. 
If any person or entity that is a shareholder, owner or partner of the submitting contractor owns an interest of 20% or more in another entity that provides or has provided contractual services in the construction, maintenance, service or repair industries, it shall submit a detailed written explanation of such relationship and provide a contractor responsibility certification for such other entity if requested.
H. 
The Township of Tinicum may require that contractor responsibility certifications and other information required by this article be submitted electronically.
I. 
The Township of Tinicum may charge contractors submitting bids or proposals a reasonable fee to defray costs of processing and evaluating contractor responsibility certifications and related information and documents.
A. 
After it has received bids or proposals, the Township of Tinicum shall issue a notice of intent to award a contract to the lowest responsible bidder.
B. 
Nothing contained herein shall vary, alter or modify provisions of Section 1802 of the First Class Township Code, as amended,[1] relating to the regulations governing the bidding and awarding of contracts by First Class Townships.
[1]
Editor's Note: See 53 P.S. § 56802.
C. 
The Board of Commissioners shall provide such notice to the lowest responsible bidder as soon as practical after bids or proposals are submitted and voted upon by the Tinicum Township Board of Commissioners, which acceptance and approval shall stipulate that the contract award be conditioned upon the issuance of a written contractor responsibility determination, as required by this article.
A. 
Within 14 days of receiving a notice of intent to award a contact, the prospective awardee shall submit to the Township of Tinicum a complete subcontractor list containing the names of all subcontractors it will use for the referenced project, their addresses, and a description of the work each listed subcontractor will perform on the project.
B. 
At the time the successful bidder submits its subcontractor list, it shall also submit subcontractor responsibility certifications for all listed subcontractors to the Township of Tinicum. Subcontractor responsibility certifications shall be executed by the respective subcontractors and shall contain the same information and representations required in contractor responsibility certifications.
C. 
A construction manager, general contractor or other lead or prime contractor shall not be permitted to use any subcontractor on procurement contracts subject to this section which is not the subcontractor list; unless it demonstrates compelling reasons for using an unlisted subcontractor and obtains prior written approval from the Township of Tinicum.
D. 
An unlisted subcontractor shall not be approved by the Township of Tinicum unless it executes a subcontractor responsibility certification as requested by this article at least 30 days prior to commencing work. This thirty-day requirement may be waived in emergency situations at the discretion of the Tinicum Township Board of Commissioners.
E. 
The determination as to the sufficiency of compelling reasons to waive the use of an unlisted contractor and/or the waiver of the execution of a subcontractor responsibility certification shall be solely at the discretion of the Tinicum Township Board of Commissioners.
A. 
Contractor and subcontractor responsibility certifications 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.
B. 
If it is subsequently determined 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 that was omitted knowingly or with reckless disregard of the truth, the contractor for which the certification was submitted shall be prohibited from performing work for the Township of Tinicum for a period of three years and shall be further subject to any other penalties and sanctions, including contract termination, available to the Township of Tinicum under law. A contract terminated under these circumstances shall further entitle the Township of Tinicum to withhold payment of any monies due to the contractor as damages.
A. 
Once a notice of intent to award a contract has been issued, the Township of Tinicum shall undertake a thirty-day Township review to determine whether the successful bidder is a qualified, responsible contractor in accordance with the requirements of this article and other applicable laws and regulations.
B. 
As part of the Township's review, the Township of Tinicum shall ensure that the contractor responsibility certification, subcontractor list and subcontractor responsibility certifications, as required by this article have been submitted and properly executed.
C. 
The Township of Tinicum may conduct any other inquiry to independently verify that the successful bidder and its listed subcontractors have the technical qualifications and performance capabilities necessary to successfully perform the contract and has a sufficient record of law compliance and business integrity to justify the award of a public contract. In conducting such inquiries, the Township of Tinicum may seek information from contractors which have submitted responsibility certifications, prior customers of such contractors or from any other relevant source. In conducting this evaluation, the Township of Tinicum may also consider relevant information on any business entities that are found to be related to the contractor.
D. 
In the event that the Township of Tinicum determines that the a prospective subcontractor does not meet the qualifications included in the subcontractor responsibility certification or does not otherwise qualify as a responsible contractor, it shall inform the general contractor, construction manager or other lead or prime contractor and permit it to self-perform the work of the subcontractor or substitute another subcontractor which meets the requirements of this article.
E. 
In the event that a subcontractor is disqualified under this act, 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 of Tinicum on the basis of a subcontractor disqualification.
F. 
If at the conclusion of its internal review, the Township of Tinicum determines that all responsibility certifications have been properly completed and executed and if it concludes that the qualifications, background and responsibility of the successful bidder and the contractors on it subcontractor list are satisfactory, it shall issue a written contractor responsibility determination verifying that the successful bidder is a qualified, responsible contractor. The contractor responsibility determination shall be issued by the Township of Tinicum pursuant to the time line established by the bid specifications of the awarded contact. This responsibility determination may be revoked or revised in any manner at any time in the event the Township of Tinicum obtains relevant information warranting any such revocation or revisions. If the Township of Tinicum determines that a successful bidder does not meet the qualification standards of this article, it shall issue a determination stating that it finds the contractor nonresponsible.
A. 
To permit adequate public review of the procurement process, the Township of Tinicum shall provide a thirty-day public review period commencing from the date of the notice of intent to award contract is issued.
B. 
During this period, the contractor responsibility certification, subcontractor list, subcontractor responsibility certifications and the determination of contractor responsibility, as specified herein, shall be subject to immediate public inspection as they become available.
C. 
These records shall be made available for public inspection in a public document room or on a publicly accessible web site. In the alternative, copies of these records shall be produced or otherwise made available for public inspection within five business days upon written request.
D. 
During the public record review, any person or organization may protest a contractor or subcontractor for failing to meet applicable requirements of this article or for any other legitimate ground by submitting a letter with supporting evidence to the Township of Tinicum.
E. 
A awarded contract subject to this article shall not be executed until the Tinicum Township Board of Commissioners determines all requirements of this article have been fulfilled.