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PROPOSAL SECTION

BID SUBMISSION CHECKLIST

Name of Local Contracting Agency: Middletown Township

Project Title: Hillside Avenue Drainage Improvements

RVE File Number: PA090665T007

A. Bid Submission Checklist. The following documents must be submitted to the Local Contracting

Agency via PennBid prior to the advertised bid opening. Failure to submit a bid guarantee will result in rejection of the bid. Failure to submit any other documents listed on this Bid Submission Checklist may result in rejection of the bid.

1. Bid Pricing Section Form (completed online through PennBid).

2. Bid Security.

3. Consent of Surety.

4. Proposal Section. The Proposal Section includes the following documents which must be completed and submitted:

a) Bid Submission Checklist (P-1)

b) Statement of Corporate Ownership (P-3).

c) Nondiscrimination Requirements (P-5).

d) Non-collusion Affidavit (P-7).

e) Bid Security (P-10).

f) Consent of Surety (P-11).

g) Background Questionnaire (P-12).

h) Subcontractor Declaration (P-14).

i) Certificate of Bidder Showing Ability to Perform Contract (P-17).

j) Acknowledgement of Receipt of Changes to Bid Documents Form (P-19).

5. Public Works Employment Verification Form

6. Contractor Responsibility Certification

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B. SIGNATURE: The undersigned does hereby acknowledge all of the documents listed above.

Furthermore, the undersigned does hereby certify that all of the documents have been completed and have been submitted to the Local Contracting Agency via PennBid prior to the advertised bid opening.

Name of Bidder

Street Address

City State Zip

Telephone Number E-mail Address

By Authorized Representative of Bidder:

Signature Date

Print Name and Title

Commonwealth of Pennsylvania )

) S.S.

County of _________________ )

On this, the _____ day of _______________, 20_____, before me a notary public, the undersigned officer, personally appeared ____________________, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledge that they executed the same for the purposes therein contained.

In witness hereof, I hereunto set my hand and official seal.

Notary Public

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STATEMENT OF CORPORATE OWNERSHIP

Check the appropriate box:

Corporation Limited Liability Company Partnership Sole Proprietor

A. No corporation or partnership shall be awarded any contract by the state, county, municipality or school district, or any subsidiary or agency thereof, unless prior to the receipt of the bid of the corporation or partnership, there is submitted to the Local Contracting Agency a statement setting forth the names of all individuals who own 10% or more of stock or interest in the corporation or partnership.

1. If the bidder is a partnership, then the statement shall set forth the names and addresses of all partners who own a 10% or greater interest in the partnership.

2. If the bidder is a corporation, then the statement shall set forth the names and addresses of all stockholders in the corporation who own 10% or more of its stock in any class.

3. If a corporation owns all or part of the stock of the corporation or partnership submitting the bid, then the statement shall include a list of the stockholders who own 10% or more of the stock of any class of that corporation.

4. If the bidder is other than a corporation or partnership, the bidder shall indicate the form of corporate ownership as listed below.

B. Bidder must complete one of the following statements:

1. Stockholders or Partners owning 10% or more of the company submitting a bid:

a) NAME: ___________________________________________________________________

ADDRESS: ________________________________________________________________

b) NAME: ___________________________________________________________________

ADDRESS: ________________________________________________________________

c) NAME: ___________________________________________________________________

ADDRESS: ________________________________________________________________

2. No Stockholder or Partner owns 10% or more of the company submitting the bid:

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3. Bid is being submitted by an individual who operates as a sole proprietorship:

4. Bid is being submitted by a corporation or partnership that operates as a (check one of the following):

Limited Partnership Limited Liability Corporation

Limited Liability Partnership Subchapter S Corporation

Stockholders or Partners owning 10% or more of the form of corporation or partnership checked above shall provide the following information:

a) NAME: ___________________________________________________________________

ADDRESS: ________________________________________________________________

b) NAME: ___________________________________________________________________

ADDRESS: ________________________________________________________________

c) NAME: ___________________________________________________________________

ADDRESS: ________________________________________________________________

d) NAME: ___________________________________________________________________

ADDRESS: ________________________________________________________________

e) NAME: ___________________________________________________________________

ADDRESS: ________________________________________________________________

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NONDISCRIMINATION REQUIREMENTS

A. Bidders are required to comply with the requirements of Title 16, Pennsylvania Code, Section 49.101, which includes the following nondiscrimination clause:

1. Contractor shall not discriminate against any employee, applicant for employment, independent contractor, or any other person because of race, color, religious creed, ancestry, national origin, age, or sex. Contractor shall take affirmative action to ensure that applicants are employed, and that employees or agents are treated during employment, without regard to their race, color, religious creed, ancestry, national origin, age, or sex. Such affirmative action shall include, but is not limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training. Contractor shall post in conspicuous places, available to employees, agents, applicants for employment and other persons, a notice to be provided by the contracting agency setting forth the provisions of this nondiscrimination clause.

2. Contractor shall in advertisements or requests for employment placed by it or on its behalf state all qualified applicants will receive consideration for employment without regard to race, color, religious creed, ancestry, national origin, age, or sex.

3. Contractor shall send each labor union or workers’ representative with which it has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers’ representative of its commitment to this nondiscrimination clause. Similar notice shall be sent to every other source of recruitment regularly utilized by Contractor.

4. It shall be no defense to a finding of a noncompliance with Contract Compliance Regulations issued by the Pennsylvania Human Relations Commission or this nondiscrimination clause that Contractor had delegated some of its employment practices to any union, training program, or other source of recruitment which prevents it from meeting its obligations. However, if the evidence indicates that the Contractor was not on notice of the third-party discrimination or made a good faith effort to correct it, such factor shall be considered in mitigation in determining appropriate sanctions.

5. Where the practices of a union or any training program or other source of recruitment will result in the exclusion of minority group persons, so that Contractor will be unable to meet its obligations under the Contract Compliance Regulations issued by the Pennsylvania Human Relations

Commission or this nondiscrimination clause, Contractor shall then employ and fill vacancies through other nondiscriminatory employment procedures.

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6. Contractor shall comply with the Contract Compliance Regulations of the Pennsylvania Human

Relations Commission, 16 Pa. Code Chapter 49 and with all laws prohibiting discrimination in hiring or employment opportunities. In the event of Contractor’s noncompliance with the nondiscrimination clause of this contract or with any such laws, this contract may, after hearing and adjudication, be terminated or suspended, in whole or in part, and Contractor may be declared temporarily ineligible for further Commonwealth contracts, and such other sanctions may be imposed and remedies invoked as provided by the Contract Compliance Regulations.

7. Contractor shall furnish all necessary employment documents and records to, and permit access to its books, records and accounts by, the contracting agency and the Human Relations Commission, for purposes of investigation to ascertain compliance with the provisions of the Contract

Compliance Regulations, pursuant to § 49.35 (relating to information concerning compliance by contractors). If Contractor does not possess documents or records reflecting the necessary information requested, it shall furnish such information on reporting forms supplied by the contracting agency or the Commission.

8. Contractor shall actively recruit minority subcontractors or subcontractors with substantial minority representation among their employees.

9. Contractor shall include the provisions of this nondiscrimination clause in every subcontract, so that such provisions will be binding upon each Subcontractor.

10. The terms used in this nondiscrimination clause shall have the same meaning as in the Contract

Compliance Regulations issued by the Pennsylvania Human Relations Commission, 16 Pa. Code

Chapter 49.

11. Contractor obligations under this clause are limited to the Contractor’s facilities within

Pennsylvania, or, where the contract is for purchase of goods manufactured outside of

Pennsylvania, the facilities at which such goods are actually produced.

B. The undersigned further understands that their bid must be rejected as non-responsive if the requirements of Title 16, Pennsylvania Code, Section 49.101 are not complied with.

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INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT

A. This Non-Collusion Affidavit is material to any contract awarded pursuant to this bid. According to the Antibid-Rigging Act, Title 62, Pennsylvania Code, Section 4507, governmental agencies may require Non-Collusion Affidavits to be submitted together with bids.

B. This Non-Collusion Affidavit must be executed by the member, officer or employee of the bidder who makes the final decision on prices and the amount quoted in the bid.

C. Bid rigging and other efforts to restrain competition, and the making of false sworn statements in connection with the submission of bids are unlawful and may be subject to criminal prosecution. The person who signs the affidavit should examine it carefully before signing and assure himself or herself that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the bidder with responsibilities for the preparation, approval or submission of the bid.

D. In the case of a bid submitted by a joint venture, each party to the venture must be identified in the bid documents and an affidavit must be submitted separately on behalf of each party.

E. The term “complementary bid” as used in the affidavit has the meaning commonly associated with that term in the bidding process, and includes the knowing submission of bids higher than the bid of another firm, any intentionally high or noncompetitive bid, and any other form of bid submitted for the purpose of giving a false appearance of competition.

F. Failure to submit an affidavit with the bid in compliance with these instructions may result in disqualification of the bid.

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NON-COLLUSION AFFIDAVIT

Title of Project: Hillside Avenue Drainage Improvements

Local Contracting Agency: Middletown Township

Commonwealth of Pennsylvania )

I state that I am the ____________________ (Title) of ____________________ (Name of Firm) and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this bid.

I state that:

1. The price(s) and amount of this bid have been arrived at independently and without consultation, communication or agreement with any other contractor, bidder or potential bidder.

2. Neither the price(s) nor the amount of this bid, and neither the approximate price(s) nor approximate amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder, and they will not be disclosed before the bid opening.

3. No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit a bid higher than this bid, or to submit any intentionally high or noncompetitive bid or other form of complementary bid.

4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive bid.

5. _____________________________ (Name of Firm), its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted or found liable for any act prohibited by state or federal law in any jurisdiction, involving conspiracy or collusion with respect to proposing and/or bidding on any public contract, except as follows:

I state that _________________________ (Name of Firm) understands and acknowledges that the above representations are material and important, and will be relied upon by the Local Contracting Agency in awarding the contract(s) for which this bid is submitted. I understand and my firm understands that any

P-9 misstatement in this affidavit is and shall be treated as fraudulent concealment from the Local Contracting

Agency of the true facts relating to the submission of bids for this contract.

On this, the _____ day of _______________, 20_____, before me a notary public, the undersigned officer, personally appeared ____________________, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledge that they executed the same for the purposes therein contained.

In witness hereof, I hereunto set my hand and official seal.

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BID SECURITY

Title of Project: Hillside Avenue Drainage Improvements

Local Contracting Agency: Middletown Township

A. Bid security in the form of either a bid bond in the amount of 10% of the total amount bid or a cashier's check in the amount of 10% of the total amount bid is to be submitted to the Local Contracting Agency via PennBid prior to the bid opening time. Bid bonds may be provided in the form of AIA Document

A310 or an equivalent. Bid security must be made payable to the Local Contracting Agency.

B. All bidders must have an original copy of their bid security in their own possession prior to the advertised bid opening and must be able to deliver an original copy of their bid security to the Local

Contracting Agency within three (3) business days of receipt of a written request from the Local

Contracting Agency. Failure to deliver an original copy of bid security to the Local Contracting Agency within three (3) business days will result in rejection of the bid.

C. If the successful bidder has posted a bid bond, cashier's check, or any other form of security and refuses to accept a contract when tendered, they will be required to forfeit such bid security and shall be otherwise liable for the full amount secured by the Bid Security in the event that the Surety refuses to release the entire amount and/or the full amount is not provided to the Local Contracting Agency for any other reason.

D. Any payment made to the Local Contracting Agency by reason of default of the bidder shall not be construed as a penalty, but as liquidated damages for breach of contract.

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CONSENT OF SURETY

A. Attach a Consent of Surety from a Surety Company, meeting the requirements described herein, stating that if the bidder is awarded the contract that the Surety Company will supply the bonds for the contract.

1. Consent of Surety must be an irrevocable, unconditional commitment by the Surety Company to issue on behalf of the bidder the bond or bonds upon award of the project in the full amount specified.

2. Consent of Surety must include all bonds required by the contract documents (i.e. performance, labor and material payment, maintenance, environmental, etc.).

3. Consent (Certificate) of Surety is not waivable and will be considered a material defect resulting in rejection of bid if omitted from bid package.

4. Consent of Surety must not contain any provision that would serve to limit the Surety Company's liability to "spread the second" bidder in the event the bidder fails to enter into a contract upon award.

B. Sample wording for Consent of Surety is shown below:

CONSENT OF SURETY

KNOW ALL MEN BY THESE PRESENTS, that for and consideration of the sum $ ________.____, lawful money of the United States of America, the receipt whereof is hereby acknowledged, paid the undersigned, and for other valuable consideration, the ___________________________ (Insurance

Company Name), ______________________________ (Insurance Company Address), existing under the laws of the Commonwealth of Pennsylvania and licensed to do business in the same, certifies and agrees that if the contract for ____________________ (Contracting Agency) for

____________________ (Project Title) is awarded to ____________________ (Bidder), the undersigned will execute the bond or bonds required of the contract documents and will become Surety in the full amount set forth in the contract documents for the faithful performance of all obligations of the Bidder, provided however, that this commitment shall expire sixty (60) calendar days from the bid opening, unless agreed upon by Bidder, Owner and Surety to be extended.

Signed, sealed and dated this _____ day of _______________, 20_____.

__________________________________________ (Insurance Company Name)

By __________________________________________ (Attorney-in-Fact)

(To be accompanied by an Affidavit authorizing the Attorney-in-Fact to sign the Consent of Surety and

Bid Bond.)

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Background Questionaire

A. In accordance with the paragraph entitled "Qualifications of Bidders" of the Information for Bidders, provide the following information:

1. Date of Organization of Company: _______________

2. Name and Address of Officers (provide physical address):

a) President: _________________________________________________________________

b) Vice President: _____________________________________________________________

c) Secretary: _________________________________________________________________

d) Treasurer: _________________________________________________________________

3. Experience:

a) How many years has your organization been in business under your present business name?

b) How many years of experience does your organization have with the type of construction work involved in this contract? __________________

c) What are the latest projects (within the last 5 years) that your organization has completed?

(Attach additional pages if necessary)

# Project Name Contract

Amount

Date of

Completion Contracting Agency

d) References for projects listed above:

# Project Name Contact Name Telephone Number

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4. Have you ever failed to complete any work awarded to you (within the last 10 years)? _______

a) If so, where and why? _______________________________________________________

5. Have you or has any officer or your organization ever been an officer or partner of some other contracting organization that failed to complete any work (within the last 10 years)? _________

a) If so, state the name of the individual, position and the name of the other organization:

b) Did this other contracting agency ever fail to complete any work awarded to it (within the last

10 years)? ____________

(1) If so, where and why? ____________________________________________________

6. Provide a listing of all uncompleted contracts presently held by your organization:

# Name of Contract Contracting Agency Contract Amount

7. State approximately the largest amount of work that your organization has completed within any calendar year (within the last 5 years) or similar nature to the work being bid on. ____________

8. List the equipment presently available for the performance of the work under the proposed contract

(attach additional pages if necessary). _______________________________________

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9. For any contract which includes more than 500 square yards or 50 tons of asphalt paving work, list the make and model of the following paving equipment to be used (attach additional pages if necessary).

a) Milling Machine: ____________________________________________________________

b) Roller: _____________________________________________________________________

c) Bituminous Tack Distributor: ___________________________________________________

d) Bituminous Paver: ___________________________________________________________

Note: Failure by a bidder to list equipment which meets the requirements of the specifications of this contract shall not invalidate the bid nor absolve the bidder of their responsibility to secure and use equipment which meets the requirements of the specifications.

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SUBCONTRACTOR DECLARATION

A. Each bidder shall set forth in their bid the names, addresses and license numbers (where required) of each subcontractor for the furnishing of plumbing and gas fitting, and kindred work, and of the steam and hot water heating and ventilating apparatus, steam power plants and kindred work, and electrical work, structural steel and ornamental iron work, if any, for the construction, alteration or repair of public buildings.

B. A general contractor that intends to utilize a specific subcontractor to perform work in one or more of the specialty trade categories shall provide the required information with regard to that subcontractor in the appropriate space for each specialty trade category applicable to the contract.

C. There shall be submitted proof that each subcontractor is qualified in accordance with the rules and regulations of the state in which the project is located, when such rules and regulations exist.

D. A general contractor that intends to perform work in one or more specialty trade categories either through the use of its own employees or the general contractor themselves, rather than through the utilization of a subcontractor, shall write the word "IN-HOUSE" next to each applicable category and then insert the name and license number (where required), of each such employee of the general contractor or the general contractor themselves in the appropriate spaces provided for each specialty trade category applicable to the contract. If the contract does not involve any of the specialty trade categories below, insert the word "NONE" in the appropriate spaces provided. (Attach additional pages if necessary)

1. Plumbing.

Name: Telephone:

Address:

License #:

2. Heating, Ventilating and Air Conditioning.

Name: Telephone:

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3. Electrical.

Name: Telephone:

4. Other: ____________________

5. Other: ____________________

6. Other: ____________________

7. Other: ____________________

8. Other: ____________________

9. Other: ____________________

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CERTIFICATE OF BIDDER SHOWING ABILITY TO PERFORM CONTRACT

Title of Project: Hillside Avenue Drainage Improvements

Local Contracting Agency: Middletown Township

AFFIDAVIT

Commonwealth of Pennsylvania )

Before me, the undersigned notary public, this day, personally appeared ____________________ known to me (or satisfactorily proven), who being sworn according to law, deposes the following:

I, ____________________ of the (City, Town, Township, Borough, etc.) of ____________________ in the County of ____________________ and the State of ____________________ of full age, being duly sworn according to law on my oath depose and say that:

A. I am a(n) owner, partner, shareholder or officer of the company set forth below and am duly authorized to execute this affidavit on its behalf.

B. Select the appropriate statement:

I own, lease or control the necessary equipment required by the plans, specifications, and advertisement under which bids are asked for.

I do not own, lease or control the necessary equipment required by the plans, specifications, and advertisements under which bids are asked for.

C. If the bidder does not own, lease or control all of the necessary equipment, provide the source from which the equipment will be obtained: (Attach additional pages if necessary.) _________________

1. Attach certification from the owner, lessee or person in control of the equipment definitely granting to the bidder the control of the equipment required during such time as may be necessary for the completion of that portion of the contract for which it is necessary.

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Subscribed and sworn to before me this _____ day of _______________, 20_____.

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ACKNOWLEDGEMENT OF RECEIPT OF CHANGES TO BID DOCUMENTS FORM

A. By listing and initialing next to each notice, revision or addenda to the bid advertisement, specifications or bid documents, the undersigned bidder hereby acknowledges their receipt. In lieu of listing addenda hereon, bidders may acknowledge receipt of addenda by including a signed copy of the addenda with the bidder’s electronic bid. (Attach additional pages if necessary)

Local Contracting Agency Designation Date

Received

Bidder's

Initials Notice, Revision or

Addenda Number Title or Description

B. The undersigned bidder hereby acknowledges receipt of all questions and answers submitted or distributed through PennBid.

C. The undersigned bidder hereby certifies that the submitted bid takes into account the provisions of all notices, revisions, or addenda, including any changes to the bid advertisement, specifications or bid documents. Failure by a bidder to include all such provisions may result in rejection of their bid.

D. The Local Contracting Agency's record of distribution for questions, answers, notices, revisions, or addenda shall take precedence.

Acknowledged by Bidder:

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PUBLIC WORKS EMPLOYMENT VERIFICATION

A. In accordance with the Public Works Employment Verification Act (Act No. 127 of 2012), a public works contractor or subcontractor shall participate in the E-Verify Program and shall, subject to the requirements of Federal law governing the use of the E-Verify Program, use the E-Verify Program to verify employment eligibility of each new employee.

B. In conducting the verification required by the Public Works Employment Verification Act, a public works contractor or subcontractor shall not discriminate against an employee on the basis of race, ethnicity, color or national origin.

C. As a precondition of being awarded a contract for a public work, prior to the execution of the contract, a public works contractor shall provide the public body with a completed Public Works Employment

Verification Form, provided herein, acknowledging its responsibilities under and its compliance with the Public Works Employment Verification Act. Contracts between a public works contractor and its subcontractors shall contain information about the requirements of the Public Works Employment

Verification Act.

D. Prior to commencing work on a public works project, a subcontractor shall provide the public body with a completed Public Works Employment Verification Form, provided herein, acknowledging its responsibilities under and its compliance with the Public Works Employment Verification Act.

Contracts between an subcontractor and its subcontractors shall contain information about the requirements of the Public Works Employment Verification Act.

2398117.2/52828

RESPONSIBLE CONTRACTOR ORDINANCE

Local Contracting Agency: Middletown Township, Bucks County

A. Bidders are advised that the Local Contracting Agency has adopted a Responsible Contractor Ordinance at Section 196-203 of the Middletown Township Code of Ordinances (“RCO”). The RCO establishes the following requirements:

1. All contractors and subcontractors of any tier that perform work valued at over $25,000.00 on any public facility or public works project, for construction, alteration, and/or renovation, shall meet the requirements of the RCO; and

2. As a condition of performing any work on a public works contract subject to the RCO, a general contractor, construction manager, or other lead or prime contractor that seeks a contract award, shall submit a Contractor Responsibility Certification at the time it submits its bid or proposal for a contract.

B. A copy of the RCO adopted by the Local Contracting Agency is attached. Bidders are encouraged to read the RCO in its entirety before completing and submitting their bid packages.

C. A copy of the Contractor Responsibility Certification Form is attached. Note that compliance with the Responsible Contractor Ordinance requires that the Bidder check “Yes” to all of the boxes on this Form.

D. Please note that documentation evidencing a Bidder’s membership in an organization that has a qualifying, Class A Apprenticeship Program or Programs is not in itself sufficient to comply with the RCO. Documentation evidencing a Bidder’s actual participation in a Class A Apprenticeship Program, meeting the specific criteria set forth in Section 196-203C of the Middletown Township Code of Ordinances for each trade or craft in which it employs craft employees, including the applicable graduation requirements for apprentices, is required with the bid package to be opened at the specified date and time for the project.

CONTRACTOR RESPONSIBILITY CERTIFICATION FORM

Contractor Name: _________________________________ Date: ________________________

Contractor Address:_____________________________________________________________

Contact Name: _________________________________________________________________

Phone No.: __________________________________Fax No.: ___________________________

Project Name: __________________________________________________________________

CONTRACTOR CERTIFIED BY CHECKING ALL APPROPRIATE BOXES:

1. Check YES if the firm HAS NOT been debarred by any federal, state, or local government agency or authority in the past three (3) years.

2. Check YES if NO officer, director, owner, or managerial employee of the firm has been convicted of a felony relating to construction, maintenance, service, or repair contracting industries.

3. Check YES if the firm HAS NOT defaulted on any project in the past three (3) years.

4. Check YES if the firm HAS NOT had any type of business, contacting or trade license revoked or suspended by any government agency or authority in the past three (3) years.

5. Check YES if the firm HAS NOT been found in violation of any other law relating to its contracting business, including, but not limited to wage or hour laws, environmental laws, antitrust laws, licensing laws or tax laws, by a final decision of a court or government agency authority in the past three (3) years.

6. Check YES if the firm 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. Check YES if the firm HAS been incorporated and conducting business in the trade or craft for which they are bidding on for at least three (3) years. The term conducting business shall mean having completed projects either the same or substantially similar to the project for which they are bidding.

8. Check YES if the firm ACKNOWLEDGES that their, or their subcontractor’s, employees shall be in the United States legally and a list of all possible employees and their citizenship/legal standing shall be supplied to the Township Manager on a monthly basis.

Yes No

9. Check YES if the firm 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 apprenticeship agency and the program has graduated apprentices to journey-person status for each of the past five (5) consecutive years. The firm shall provide proof of meeting this qualification standard by submitting an acknowledgement letter from at least, but not limited to, the following trades or crafts apprenticeship programs for this project:

1. Laborers

2. Operators

3. Cement Masons

To permit development of recently registered programs, the graduation requirement of this provision shall not apply to:

(i) an apprenticeship training program registered within the past five (5) years; or

(ii) an apprenticeship program registered within the past ten 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.

10. In those projects receiving funding from Federal or Commonwealth sources, check YES if the firm participates in an 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. The firm 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 an apprenticeship training program registered within the past five years.

ATTACH ADDITIONAL SHEETS IF NECESSARY

Signature of Bidder’s Authorized Representative: ________________________________

Title: ________________________________

Date: ________________________________

ORDINANCE NO. 18-02

AN ORDINANCE OF THE TOWNSHIP OF

MIDDLETOWN, BUCKS COUNTY, PENNSYLVANIA,

AMENDING CHAPTER 196, ARTICLE II OF THE

CODE OF THE TOWNSHIP OF MIDDLETOWN

WHEREAS, Section 1506 (53 P.S. Section 66506) of the Pennsylvania Second Class Township Code provides that the corporate powers of the Board of Supervisors of the Township of Middletown (the "Board of Supervisors") include the ability to provide for the health and welfare of the Township and its people;

WHEREAS, Section 1517 Second Class Township Code provides that the Board of Supervisors may regulate the construction and development of all buildings in the Township; and

WHEREAS, Section 1601 of the Second Class Township Code provides that the Board of Supervisors may adopt Ordinances in which general or specific powers of the Township may be exercised, and, by the enactment of subsequent Ordinances, the Board of Supervisors may amend, repeal, or revise existing Ordinances (53 P.S. Section 66601); and

WHEREAS, the Board of Supervisors has determined that the proposed responsible contractor and developer standards ensure that firms and craft workers hired on public works projects have the necessary qualifications and capabilities to successfully perform the projects and promote the health safety and general welfare of the people of the Township; and

WHEREAS, the proposed amendments have been advertised, considered, and reviewed in accordance with all applicable requirements;

NOW THEREFORE, in consideration of the foregoing, be it ENACTED and ORDAINED by the Board of Supervisors of the Township of Middletown, Bucks County, Pennsylvania, that the Code of the Township of Middletown (the "Code") is AMENDED as follows:

I. STRIKE the title of Chapter 196, Article II of the Code and REPLACE it with the following:

Responsibility of Contractors and Developers Awarded Public Contracts

II. STRIKE Section 196-201 of the Code in its entirety and REPLACE it with the following:

Section 196-201. Purpose and intent; effect on other provisions.

A. To effectuate the purpose of selecting responsible contractors and developers for public contracts and to protect the Township's investments in such contracts, prospective contractors, sub-contractors and developers should be required to meet pre-established, clearly defined, minimum standards relating to contractor

1965522. 1/52828 and developer 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, compliance with the law and business integrity.

B. 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, it is necessary to require contractors, subcontractors and developers, 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 promoting successful project delivery, cost-effectiveness and workforce development.

C. The Township 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 shall require compliance with the provisions of this article by business entities seeking to provide services to the Township as specified herein.

E. The requirements of this article are intended to supplement, not replace, existing contractor and developer 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, this article shall prevail.

III. STRIKE Section 196-202 of the Code in its entirety and REPLACE it with the following:

Section 196-202. Qualified, responsible contractor and developer requirements.

A. All contractors, subcontractors and developers of any tier who perform construction, alteration, and/or renovation work on any public facility or public work project, which work is valued at an amount equal to or greater than $25,000, shall meet all of the requirements of this article.

B. All contractors, subcontractors and developers of any tier shall have sufficient capabilities in all respects to successfully perform the contracts on which they are engaged, including the necessary experience, equipment, technical skills, training and qualifications and organizational personnel and financial resources, as well as a record of successful past performance and compliance with all statutes, ordinances, regulations or policies of all governmental and regulatory agencies

1965522.1/52828 with jurisdiction over said contractors, subcontractors and developers and over the

Township.

IV. STRIKE Section 196-203 of the Code in its entirety and REPLACE it with the following:

Section 196-203. Contractor/Developer Responsibility Certifications.

A. As a condition to the award of a public works contract subject to this article, a firm that seeks the award of a contract to perform the services of a general contractor, construction manager, general contractor, other lead or prime contractor, or developer shall submit a Contractor/Developer Responsibility

Certification at the time it submits its bid or proposal for a contract.

B. The Contractor/Developer Responsibility Certification shall be completed on a form that the Township provides and shall reference the project for which the bid or proposal is being submitted by name and contract or project number.

C. In the Contractor/Developer Responsibility Certification the general contractor, construction manager, general contractor, other lead or prime contractor, or developer shall confirm the following facts regarding past performance and work history and current qualifications and performance capabilities:

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(1) The firm 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 firm has been convicted of a felony relating to construction, maintenance, service or repair contracting industries.

(3) The firm has not defaulted on any project in the past three years.

(4) The firm 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 firm h.as not been found in violation of any other law relating to its development or contracting business, including, but not limited to, wage or hour laws, environmental laws, antitrust laws, licensing laws or tax laws, the Pennsylvania Human Relations Act, 43 P.S. §951, et seq., the

Occupational Safety and Health Act, 29 U.S.C. §651, et seq., the

Pennsylvania Minimum Wage Law, 43 P.S. §333.101, et~' the

Pennsylvania Wage Payment and Collection Law, 43 P.S. §260.1, et seq., the Pennsylvania Unemployment Compensation Law, 43 P.S. §751, et seq., and the Pennsylvania Workers Compensation Act, 77 P.S. §1, et seq., by a final decision of a court or government agency authority in the past three years.

(6) The firm 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 firm has been incorporated and conducting business in the trade or craft for which it is bidding for at least three years. The term "conducting business" shall mean having completed projects either the same or substantially similar to the project for which it is bidding. If queried on this paragraph, the firm shall produce legal documents, photographs and references as to the longevity of its business. The Township Manager or the Board of Supervisors or its designee shall conduct this review.

(8) The firm or its subcontractor's employees shall be in the United States legally, and a list of all possible employees and their citizenship/legal standing shall be supplied to the Township Manager on a monthly basis.

(9) 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 or contract. Such apprenticeship program must be registered with the United States Department of Labor or the Pennsylvania Apprenticeship and Training Council and must have graduated apprentices to journey-person status for each of the past five years. To permit development of recently-registered programs, the graduation requirement of this provision shall not apply to: (i) an apprenticeship training program registered within the past five years; or (ii) an apprenticeship program registered within the past ten years, if the program provides apprenticeship training for a craft or trade that was not recognized as an apprenticeship craft or trade by the U.S. Department of Labor or the Pennsylvania Apprenticeship and Training Council at the time that the program was registered.

(10) To demonstrate compliance with §196-203.C.(9), the firm shall provide, as an attachment to the Responsible Contractor/Developer

Certification, appropriate documentation including a list of all trades or classifications of craft employees it will employ on the project, together with documentation verifying that:

(a) the firm participates in the requisite apprenticeship program for each such trade or classification listed, and

(b) each craft employee to be used on the project for the duration of the contract is a participant in or graduate of such apprenticeship program.

D. The Township may require any other additional information it deems necessary to evaluate a prospective contractor's or developer's technical qualifications, resources and performance capabilities. The Township 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/Developer Responsibility Certification, the submitting firm shall stipulate that if it receives a notice of intent to award contract it will provide the

Township with a subcontractor list and subcontractor information as specified herein.

F. If the submitting firm 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/Developer

Responsibility Certification for the related company if requested.

G. If any person or entity that is a shareholder, owner or partner of the submitting firm 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/Developer Responsibility Certification for such other entity if requested.

H. The Township may require that Contractor/Developer Responsibility

Certifications and other information required by this article be submitted electronically.

I. The Township may charge firms submitting bids or proposals a reasonable fee to defray costs for processing and evaluating Contractor/Developer Responsibility

Certifications and related information and documents.

V. STRIKE Section 196-204 of the Code in its entirety and REPLACE it with the following:

Section 196-204. Notice of intent to award contract.

A. Consistent with §196-203.A. of this article, the Township shall open and consider only those bids by firms that have submitted a Contractor/Developer Responsibility Certification. It shall then issue a notice of intent to award contract to the firm offering the lowest responsive bid or, in the case of competitive proposals, the firm offering the most advantageous proposal.

B. Such notice shall be issued as soon as practicable after bids or proposals are submitted and shall stipulate that the contract award will be conditioned on the issuance of a written contractor/developer responsibility determination, as required by this article.

VI. STRIKE Section 196-205 of the Code in its entirety and REPLACE it with the following:

Section 196-205. Subcontractor lists; Subcontractor Responsibility Certifications.

A. Within 14 days ofreceiving such a notice of intent to award contract, a prospective awardee shall submit to the Township a 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 a prospective awardee submits its 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 shall contain the same information and representations required in Contractor/Developer Responsibility Certifications.

C. A construction manager, general contractor, other lead or prime contractor, or developer shall not be permitted to use any subcontractor on procurement contracts subject to this section which is not on the subcontractor list, unless it demonstrates compelling reasons for using an unlisted subcontractor and obtains prior written approval from the Township.

D. The Township shall not approve an unlisted subcontractor, unless it executes a subcontractor responsibility certification as required by this article at least 30 days prior to commencing work. This thirty-day requirement may be waived in emergency situations. Any such certification shall be made available to the public as specified in §196-208.C. of this article.

VII. STRIKE Section 196-206 of the Code in its entirety and REPLACE it with the following:

Section 196-206. Execution of Contractor/Developer and Subcontractor Responsibility

Certifications.

A. Contractor/Developer 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/Developer 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 shall be prohibited from performing work for the Township for a period of three years and shall be further subject to any other penalties and sanctions, including contract termination, that are 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.

VIII. STRIKE Section 196-207 of the Code in its entirety and REPLACE it with the following:

Section 196-207. Contractor/Developer Responsibility Determination.

A. Once a notice of intent to award contract has been issued, the Township shall undertake a thirty-day agency review to determine whether the prospective awardee is a qualified, responsible contractor or…