Whitemarsh's draft contractor ordinance would require 70% of craft workers on township jobs of $250,000 or more to come from apprenticeship programs

Tue, 13 Oct 2026 08:55:43 -0400

Whitemarsh Township’s Board of Supervisors put an ordinance on its October 8, 2026 agenda that repeals the township’s responsible contractor rules for public work and replaces them. A responsible contractor ordinance sets the tests a low bidder must pass before a public owner can award it the job. The draft in the meeting packet covers township construction, demolition, renovation and maintenance projects valued at $250,000 or more. It reaches every contractor and subcontractor on those projects at any tier and requires that at least 70% of the craft workers on a project be graduates of or apprentices in a qualifying apprenticeship program in the trade they work. The supervisors voted 5 to 0 on September 10 to have the township solicitor advertise the amendments, according to the minutes in the same packet.

The section being replaced, Section 3-71(K) of the township code, applies to contracts over $100,000, according to a letter from the township engineer in the packet that quotes it.

Whitemarsh's responsible contractor rules, current and proposed
Provision	Current Section 3-71(K) as the township engineer quotes it	Proposed ordinance
Contracts covered	Contracts exceeding $100000	Projects valued at $250000 or more
Who certifies	General contractor or construction manager or other lead or prime contractor	The prime contractor and every subcontractor at any tier
When the prime certifies	At the time it submits its bid	As a condition of bidding; a firm without one is disqualified
Apprenticeship	Class A apprenticeship program for each trade in which the firm employs craft workers	Class A program for each trade plus at least 70% of craft workers who are Class A graduates or apprentices

Source: whitemarshtwp.org

What the prime contractor must certify

The general contractor, construction manager or other prime contractor files a Contractor Responsibility Certification on a township form that names the project. A firm that fails to provide one is disqualified from bidding, and the draft bars any claim against the township over a bid refused for a missing, incomplete or vague certification. The person who signs attests to its accuracy under penalty of perjury.

The record items look back three years for debarment, project defaults, license revocations and violations of contracting laws, including tax, licensing and prevailing wage laws, that ended in a fine, back pay or other penalty of $2,500 or more. Criminal convictions of the firm or its principals related to its contracting business look back ten years. For the project, the firm commits to pay Pennsylvania prevailing wage and fringe rates and to assign workers only to their own trade. Every craft worker must have finished OSHA’s 10-hour course before starting work, and a prime contractor needs at least one person on the project with the 30-hour construction course.

The 17 items in the proposed Contractor Responsibility Certification, paraphrased
Item	What the firm certifies	Look-back period
1	The firm and its employees hold every license and registration required for the work it self-performs	Current
2	The firm meets the bonding and insurance requirements for the contract	Current
3	No debarment or suspension by any government agency	3 years
4	No default on any project	3 years
5	No business or trade license or registration revoked or suspended	3 years
6	No conviction of the firm or its principals for a crime related to its contracting business	10 years
7	No violation of a law that applies to its contracting business with a fine or back pay or other penalty of $2500 or more	3 years
8	Enough craft workers for its own work and workers assigned only to work in their trade	For the project
9	Pennsylvania prevailing wage and fringe rates for all craft employees including custom fabrication done off site for the project	For the project
10	OSHA 10-hour course completed by every craft worker before working on the project and at least one person with the OSHA 30-hour course on a prime contractor's project	For the project
11	Participation in a Class A apprenticeship program for each trade in which it employs craft workers	Past 5 years for graduations
12	At least 70% of craft workers on the project are graduates of or apprentices in a Class A program in the trade they work	For the project
13	Craft workers assigned only to the craft or trade in which they are employed	For the project
14	Equipment and personnel and financial resources to perform the contract	For the project
15	Notice to the township within 7 days of any material change in what the firm certified	For the project
16	Signature under penalty of perjury by a person with knowledge of every item	At signing
17	Waiver of claims against the township if a bid is refused over a missing or incomplete certification	At signing

Source: whitemarshtwp.org

What counts as a Class A program

The draft defines a Class A apprenticeship program as one registered with and approved by the U.S. Department of Labor or a state apprenticeship agency that has graduated apprentices to journeyperson status in at least three of the past five years. In Pennsylvania the state agency is the Department of Labor and Industry’s Apprenticeship and Training Office, which approves and monitors registered programs.

A firm attaches proof of a Class A program for each trade it will employ. For the 70% test, the prime contractor lists the qualifying workers, with proof from the state or the U.S. Department of Labor that each one graduated from or is enrolled in a Class A program in the trade they perform on the job.

Subcontractors and the award

After bids open, the township issues a Notice of Intent to Award to the lowest responsive and responsible bidder. Within 14 days of that notice, the bidder submits a Subcontractor List with each subcontractor’s name, address and scope, along with a certification from each one that covers the same 17 items, apprenticeship included. A subcontractor that is a sole proprietorship must add its Employer Identification Number and its licenses and registrations, so the prime can show it is a business and not a misclassified employee. No subcontractor can be swapped without the township’s written approval and a new certification.

If a subcontractor does not qualify, the township can let the bidder substitute a qualified firm, require it to self-perform the work if it holds the licenses, or disqualify the bidder, and the prime cannot bring a claim over the decision. The certifications and lists are open to public inspection, and anyone may file a protest with supporting evidence. A firm that knowingly or recklessly gives false information is barred from township work for three years.

From bid to contract under the proposed ordinance
Step	What happens	Time allowed
1	Prime contractor submits its Contractor Responsibility Certification; a firm that fails to provide one is disqualified from bidding	With the bid
2	Township issues a Notice of Intent to Award to the lowest responsive and responsible bidder on condition of the review	As soon as practicable after bid opening
3	Prospective awardee submits its Subcontractor List and a Subcontractor Responsibility Certification for each subcontractor at any tier	Within 14 days of the notice
4	Certifications and subcontractor lists are open to public inspection and anyone may file a protest with supporting evidence	At least 10 days before the contract is signed
5	Township reviews the firm and its subcontractors and issues a written Contractor Responsibility Determination	Time set by the township
6	Notice and certifications and subcontractor lists and the determination are posted on a public website	10 calendar days after the determination
7	Contract is executed	After all requirements are met

Source: whitemarshtwp.org

A bid set aside under the current rule

On September 29 the township opened three bids for invasive plant removal at Abolition Hall, Bid Specification 2026-04. The low bid was $102,300. In an October 1 letter, the township engineer recommended rejecting it for three reasons: it left out unit prices for two items, it came without the responsibility certification, and the certification the bidder supplied afterward indicated the firm does not take part in a Class A program for each trade it employs. The letter recommends an award to Stonewood Landshaping, Inc. at $174,100, which is $71,800 more than the rejected bid, and the October 8 agenda carries that motion. At $174,100, a job like this one is below the new ordinance’s $250,000 threshold, so its requirements would not apply.

Bids opened September 29, 2026, Abolition Hall invasives removal, Bid Specification 2026-04
Bid	Total bid ($)	Township engineer's recommendation
Lowest bid	102,300.00	Reject: unit prices missing for two items; no responsibility certification with the bid; the later certification indicated no Class A apprenticeship program for each trade
Stonewood Landshaping Inc.	174,100.00	Award as lowest responsive bidder
Third bid	558,479.55	None

Source: whitemarshtwp.org

Custom fabrication

The draft’s prevailing wage item extends the wage to employees who do custom fabrication for the project, meaning nonstandard goods or components fabricated or assembled off site specifically for it. Senate Bill 908 would add a similar definition to the state Prevailing Wage Act. The House gave the bill second consideration on October 7, 2026 and sent it to the Appropriations Committee, according to its history. For the bill’s definition and the committee vote, see the October 6 article on Senate Bill 908.

What to check before you bid Whitemarsh work

List every trade you plan to self-perform on a township job of $250,000 or more, and confirm that each one is covered by a registered program that has graduated apprentices in three of the last five years. The program sponsor can show its graduation record. The state Apprenticeship and Training Office answers questions at apprenticeship@pa.gov and 717-787-6997.

Count the crew against the 70% test before you price the job, your own workers and each subcontractor’s. Every sub certifies the same items within 14 days of the notice, so collect their OSHA 10 cards and apprenticeship records while you are still pricing. A sub that cannot certify could force a substitution or self-performance after you have bid.

The draft adds to the township’s other qualification standards, so read the bid documents for the certification form and anything else they require. Ask the township about an unclear requirement before bid day, and ask your own attorney about your firm’s legal exposure. For where township and county bids are posted, see where public construction bids are posted for Conshohocken-area work. For the state wage rules, see how Pennsylvania’s Prevailing Wage Act applies to public construction jobs.

Caveats

The October 8 agenda lists the ordinance for adoption, and its signature block is dated that day. The minutes of the meeting were not yet posted when this was checked, so whether the board adopted it, and in what form, could not be verified. The draft takes effect on the earliest date the township’s home rule charter allows.

The comparison with the current section rests on the engineer’s letter, which quotes its threshold, timing and apprenticeship condition. The packet does not reprint the rest of the current text.

The ordinance covers Whitemarsh Township’s own public works projects. It does not apply to private development in the township or to projects bid by other public owners, such as Conshohocken Borough or Plymouth Township.

The Whitemarsh packet was checked on October 13, 2026.

Apprenticeship | Conshy Contracting

Whitemarsh's draft contractor ordinance would require 70% of craft workers on township jobs of $250,000 or more to come from apprenticeship programs

What the prime contractor must certify

What counts as a Class A program

Subcontractors and the award

A bid set aside under the current rule

Custom fabrication

What to check before you bid Whitemarsh work

Caveats