(a) A general contractor, construction manager or other lead or prime contractors seeking award of a contract shall submit a contractor responsibility certification at the time it submits its bid for a contract, as a condition to perform work proposed.
(b) The contractor responsibility certification shall be completed on a form provided by the Director of Public Services, or the Director’s designee and shall reference the project for which it is being submitted by name and contractor project number.
(c) In the contractor responsibility certification the construction manager, general contractor, or other lead or prime contractor shall confirm the following facts regarding its past performance, work history and its current qualifications and performance capabilities:
(1) The firm and its employees have all valid and currently effective licenses, registrations or certificates required by federal, state, county, or local law, including, but not limited to, licenses, registrations or certificates to: (a) do business in the designated locale; and (b) perform 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.
(2) The firm meets 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, completed operations insurance, workers compensation insurance and unemployment insurance.
(3) The firm has not been debarred or suspended by any federal, state or local government agency or authority in the past three (3) years.
(4) The firm has not defaulted on any project in the past five (5) years.
(5) The firm has not had any type of business contracting or trade license, registration, or other certification revoked or suspended in the past five (5) years.
(6) The firm and its owners have not been convicted of any crime relating to the contracting business in the past ten (10) years.
(7) The firm has not within the past five (5) 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 law, environmental laws or others, where the result of such violation was the payment of a fine, back wage damages or any other type of penalty in the amount of one thousand dollars ($1,000.00) or more.
(8) The firm has in place, maintains and operates a drug and alcohol screening program which meets or exceeds the requirements and standards set forth in the management union serving together, drug and alcohol screening program, last revised June 1, 1014.
(9) All craft labor for the project has completed at least the OSHA ten (10) hour training course for safety established by the United States Department of Labor, Occupational Safety & Health Administration.
(10) The firm will employ craft employees in all classifications and individual trades required to successfully perform work related to the project.
(11) The firm has participated in a Class A Apprenticeship Program for the past three (3) years, at a minimum, for each separate trade or classification in which it employs craft employees and shall continue to participate in such programs for the duration of the project. Class A Apprenticeship Program is an apprenticeship program that is currently registered with and approved by the U.S. Department of Labor, or a state apprenticeship agency and has graduated apprentices to journey person status for at least three (3) of the past five (5) years. A role setting forth the trade and classification of craft employees with their names and addresses will be furnished in order to verify participation in a Class A Apprenticeship Program.
(12) The firm has technical qualifications and resources, including equipment, personnel and financial resources to perform the referenced contract, or will obtain the same through the use of qualified, responsible subcontractors.
(13) The firm will maintain all qualifications, resources and capabilities referenced in this certification throughout the duration of the project.
(14) The firm shall notify the Director of Public Services or the Director’s designee within seven (7) days of any material changes to all matters attested to in this certification.
(15) The firm understands and agrees 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.
(d) Execution of the certification required by this chapter shall not establish a presumption of contractor responsibility and the Charter Township of Clinton may require any additional information it deems necessary to evaluate a firm’s status as a responsible contractor, including but not limited to, technical qualifications, financial capacity or other resources and performance capabilities.
(e) The submitting firm shall stipulate in the contractor responsibility certification that, if it received a notice of intent to award, it will provide a subcontractor list and required subcontractor information as specified within this chapter.
(f) 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 (5) 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 by the Township.
(g) Failure to provide a contractor responsibility certification required by this section shall result in disqualification from bidding. No action of any nature shall lie against the Township, its agents, or employees because its refusal to accept a bid for failing to furnish information required by this section.
(Ord. 413. Passed 2-9-15.)