Chapter 3.05
Construction Projects -- Apprentice Requirements

Sections:

3.05.010    Definitions.

3.05.025    Use of apprentices required for public works.

3.05.030    Administration.

3.05.040    Exceptions and Waivers.

3.05.050    Monitoring.

3.05.060    Reporting.

3.05.070    Remedies.

3.05.080    Severability.

3.05.010 Definitions.

Where used in this chapter, unless the context clearly requires otherwise, the following terms shall have the meaning and construction set forth herein:

(1) "Labor hours" refers to the total number of hours worked by workers receiving an hourly wage who are directly employed by the contractor and all subcontractors on a county public works project.

(2) "Public works" refers to all County construction projects estimated to cost two hundred and fifty thousand dollars or more. Contracts shall not be fragmented to avoid the requirements of this chapter.

(3) "State-approved apprenticeship program" means an apprenticeship program approved or recognized by the Washington State Apprenticeship and Training Council.

(Added Ord. 01-125, December 19, 2001, Eff date January 3, 2002; Amended Ord. 06-008, March 1, 2006, Eff date March 23, 2006; amended by Ord. 10-055, Aug. 4, 2010, Eff date Aug. 30, 2010)

3.05.025 Use of apprentices required for public works.

Apprentices shall be utilized on the construction of all public works in accordance with this chapter.

(Added Ord. 06-008, March 1, 2006, Eff date March 23, 2006).

3.05.030 Administration.

(1) For those construction projects subject to this chapter, the executive shall establish a percentage of total labor hours as a goal to be performed by apprentices. The labor hour goals for the labor hours required to be performed by apprentices on each such project shall be at least 15% of the total labor hours on the individual project.

(2) Apprentices utilized in accordance with this chapter must be enrolled in state-approved apprenticeship programs.

(3) Contracts for such construction projects shall include provisions detailing the apprentice labor requirements.

(Added Ord. 01-125, December 19, 2001, Eff date January 3, 2002; amended by Ord. 10-055, Aug. 4, 2010, Eff date Aug. 30, 2010).

3.05.040 Exceptions and Waivers.

During the term of a construction contract subject to this chapter, the executive may reduce or waive the apprentice labor hour goals upon his or her determination that:

(1) the contractor has demonstrated that it has utilized its "best efforts" to meet the established percentage requirement but remains unable to fulfill the goal,

(2) in order to meet the requirement, the contractor will be forced to displace members of its workforce; or

(3) the reasonable and necessary requirements of the contract render apprentice utilization infeasible at the required levels.

(Added Ord. 01-125, December 19, 2001, Eff date January 3, 2002).

3.05.050 Monitoring.

The executive shall implement a system for monitoring the actual use of apprentices in construction projects subject to this chapter. Such monitoring shall include identifying individual apprentices by name and Washington State apprenticeship registration number; reviewing documents provided by the contractor showing total apprentice labor hours; determining the apprentice hours worked by minorities and women, and as available, persons with disabilities and economically disadvantaged youth; and assessing whether the contractor has complied with the apprenticeship requirement established in its contract.

(Added Ord. 01-125, December 19, 2001, Eff date January 3, 2002).

3.05.060 Reporting.

The executive shall report to the council annually upon the use of apprentices for construction projects. The report shall include to the extent it is available:

(1) The percentage of labor hours actually worked by apprentices on each project and the total number of labor hours on each project;

(2) The number of apprentices by contractor broken down by trade and craft category;

(3) The number and percentage of minorities, women, persons with disabilities and disadvantaged youth utilized as apprentices on each project;

(4) The number of new apprentices indentured during the reporting year as a result of the county’s apprenticeship requirements for campus redevelopment initiative projects; and

(5) The percentage of apprentices in training on county projects who have graduated to journey level during the reporting year.

(Added Ord. 01-125, December 19, 2001, Eff date January 3, 2002).

3.05.070 Remedies.

Failure by a contractor to comply with established apprenticeship requirements, unless otherwise waived or excused in writing by the executive pursuant to SCC 3.05.040, shall be deemed a breach of contract for which the county shall be entitled to all remedies allowed by law and under the contract. Failure to comply with the apprenticeship requirements may also be considered evidence bearing on a contractor’s qualification for award of future contracts with the county.

(Added Ord. 01-125, December 19, 2001, Eff date January 3, 2002).

3.05.080 Severability.

The provisions of this chapter shall be effective in all cases unless otherwise provided by federal or state law. The provisions of this ordinance are separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or other portion of this chapter or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this chapter or the validity of the application to other persons or circumstances.

(Added Ord. 01-125, December 19, 2001, Eff date January 3, 2002).