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Amending Chapter 17-100 of The Philadelphia Code, entitled “Procurement Contracts,” by revising Section 17-101, entitled “Prequalification of Prospective Bidders for Contracts for Construction of Public Works,” to establish minimum workforce training requirements and documentation standards for contractors and subcontractors on public works projects, all under certain terms and conditions.
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THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS
Section 1. Chapter 17-100 of The Philadelphia Code is hereby amended to read as follows:
§ 17-101. Prequalification of Prospective Bidders for Contracts for Construction of Public Works.
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8. Additional Workforce and Contractor Qualification Requirements.
(a) In this subsection, the following definitions shall apply: “Certified Apprenticeship Program” means a program registered with the Apprenticeship and Training Council of the Commonwealth, as specified under the Commonwealth of Pennsylvania’s “Apprenticeship and Training Act,” and evidenced by a Certificate of Registration or other appropriate document as meeting the apprenticeship standards of the Council.
(b) This subsection shall apply to all public works projects undertaken by the City of Philadelphia for the construction, demolition, alteration, renovation, modernization, service, or maintenance of buildings, structures, streets, or facilities valued at one hundred thousand dollars ($100,000) or more.
(c) All contractors and subcontractors of any tier that perform work on such projects-regardless of the value of their individual contracts or subcontracts-must satisfy the requirements of this subsection.
(d) No contractor or subcontractor shall commence work on any such project unless at least seventy percent (70%) of the firm’s on-site workforce has successfully completed a certified apprenticeship program recognized by the Commonwealth of Pennsylvania’s “Apprenticeship and Training Act.”
(e) All firms engaged in public works contracts subject to this subsection,including general contractors, construction managers, other lead or prime contractors, and subcontractors at any level, shall be qualified, responsible contracting firms that have sufficient capabilities in all respects to successfully perform the contracts on which they are engaged. This includes demonstrated experience, equipment, technical skills and qualifications, and adequate organizational, financial, and personnel resources.
(f) Firms bidding or otherwise participating in public works contracts shall have a satisfactory past performance record and a satisfactory record of legal compliance, integrity, and business ethics.
(g) Bidders must provide documentation proving compliance with this subsection as part of their bid submissions. Such documentation shall include, but not be limited to, lists of workforce members designated to work on the project, proof of enrollment and completion in certified apprenticeship programs, training completion certificates, and any other records deemed necessary by the Procurement Department to verify compliance.
(h) Any firm that fails to meet the requirements set forth in this subsection, including but not limited to the seventy percent (70%) certified apprenticeship workforce requirement, shall be deemed not responsible and shall be disqualified from bidding on or performing work under public works contracts covered by this Section. The Procurement Department may also disqualify or debar any firm for falsification or misrepresentation of documentation related to compliance with these workforce standards.
Section 2. This Ordinance shall become effective immediately.
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Explanation:
[Brackets] indicate matter to be deleted.
Italics indicate new matter added.
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