TITLE 17. CONTRACTS AND PROCUREMENT
CHAPTER 17-100. PROCUREMENT CONTRACTS
§17-108. "Wrap-up" Insurance Programs for Public Works Projects. [25]
(1) The following definitions shall apply for purposes of
this Section 17-108 only:
(a) "Public Works Project." Any construction
project procured by the City; any construction project for which the City
finances 50% or more of the total project costs, as by payments obligated under
a lease or service agreement or otherwise; or any construction project for which
City Council approval is required for any portion of the
financing.
(b) "Wrap-up Insurance Pro-gram." A program under which the
owner of a Public Works Project provides necessary insurance coverage for those
contractors and subcontractors whose payroll (or other risk exposure basis) on
the project is deemed sufficient to warrant participation in the
program.
(c) "Hard Construction Costs." Materials, supplies and
equipment which will become an integral part of a construction project, plus
related labor costs.
(d) "Covered Public Works Project." A Public Works
Project any aspect of which (including financing) requires City Council approval
pursuant to a provision of the Philadelphia Home Rule Charter or other
applicable law.
(2) For any Covered Public Works Project procured by the
City with Hard Construction Costs in excess of $75 million, the City, through
the Risk Management Division, shall create and manage a Wrap-up Insurance
Program.
(3) For any Covered Public Works Project not procured by the
City with Hard Construction Costs in excess of $75 million, the City, as a
condition of financing its portion of project costs, or as a condition of any
necessary City Council approval of financing, shall by contract require the
owner of the Covered Public Works Project to create and manage a Wrap-up
Insurance Program in form approved by the Risk Management
Division.
(4) Waiver. If the Risk Management Division or the owner of a
Covered Public Works Project believes that a Wrap-up Insurance Program is not
appropriate for any particular Covered Public Works Project, it may request the
Council to grant a waiver from the requirements of this Section for that
particular Covered Public Works Project. Council may grant such waivers by
ordinance.
(5) The City, through the Risk Management Division, may also
choose to create and manage Wrap-up Insurance Programs for a City procured
Public Works Project with Hard Construction Costs not in excess of $75 million,
or for combinations of City procured Public Works Projects with combined Hard
Construction Costs in excess of $75 million, or for a City procured Public Works
Project with Hard Construction Costs in excess of $75 million that is not a
Covered Public Works Project.