Chapter 6.01
PUBLIC WORKS CONTRACT REQUIREMENTS
Sections:
6.01.010 State law contract requirements.
6.01.020 Contracting and procurement process.
6.01.030 Public works apprentice program.
*Cross reference(s) – Department of public works, ch. 2.28; procurement contracts, ch. 3.70.
State law reference(s) – Public works contracts, RCW 35A.40.200, 39.04.010 et seq.
6.01.010 State law contract requirements.
All public works and improvements contracts entered into by the city shall be in conformance with, and subject to, the following minimum provisions of the Revised Code of Washington, which are not exclusive:
1. Chapter 39.04 RCW relating to public works.
2. RCW 35.22.620, 35.23.352, 35A.40.210, and 39.04.155 relating to competitive bidding for public works, and purchases of goods, materials, equipment, and supplies.
3. RCW 9.18.120 and 9.18.150 relating to the suppression of competitive bidding.
4. Chapter 60.28 RCW relating to liens for materials and labor performed.
5. Chapter 39.08 RCW relating to contractor’s bonds.
6. Chapter 39.12 RCW relating to prevailing wages.
7. Chapter 49.12 RCW relating to hours of labor.
8. Chapter 51.12 RCW relating to worker’s compensation.
9. Chapter 49.60 RCW relating to antidiscrimination in employment.
10. Chapter 39.28 RCW relating to emergency public works.
(Ord. No. 3025, § 1, 1-21-92; Ord. No. 4150, § 3, 5-19-15; Ord. No. 4312, § 1, 3-5-19. Formerly Code 1986, § 4.02.010)
State law reference(s) – Public works and contracts, RCW 35A.40.200, 39.04.010 et seq.; bids, RCW 35.23.352, 9.18.120, 9.18.150; liens, RCW 60.28.010 et seq.; contractor’s bonds, RCW 39.08.010 et seq.; prevailing wages, RCW 39.12.010 et seq.; resident employees on public works, RCW 39.16.010 et seq.; hours of work, RCW 49.28.010 et seq.; workers’ compensation, RCW 51.12.010 et seq.; antidiscrimination in employment, RCW 51.12.010 et seq.; state of Washington preference, RCW 39.24.010 et seq.; emergency public works, RCW 39.28.010 et seq.
6.01.020 Contracting and procurement process.
All public works and improvement contracts entered into by the city shall also be in conformance with and subject to the contracting and procurement process provided for in Chapter 3.70 KCC, unless otherwise provided.
6.01.030 Public works apprentice program.
A. Purpose. The city of Kent recognizes that a well-trained construction workforce is critical to the ability of constructing successful public works projects. Apprenticeship training programs are particularly effective in providing training and experience to individuals seeking to enter or advance in the workforce. By providing for apprenticeship utilization on public works projects, the city can create opportunities for training and experience that will help assure that a trained workforce will be available in sufficient numbers in the future for the construction of public works projects.
B. Project requirements.
1. Public work projects, as defined in KCC 3.70.030 and RCW 39.04.010, with an estimated construction cost greater than $1,000,000 shall require that no less than 15 percent of the labor hours performed by workers subject to prevailing wages employed by the contractor or its subcontractors be performed by apprentices enrolled in a state-approved apprenticeship program.
2. The contractor may elect to meet the requirements of this subsection (B) as part of the work of a subcontractor; however, the contractor shall retain the responsibility for complying with this section.
C. Administration. The chief administrative officer or his/her designee (“CAO”) shall implement and administer this section and shall develop and adopt procedures to implement and enforce this section. The chief administrative officer or his/her designee shall establish and maintain contract specification language to implement the apprenticeship requirement and develop and implement a system for monitoring the actual use of apprentices on public work contracts.
D. The chief administrative officer or his/her designee may waive or adjust the apprenticeship requirements for apprentices in bid documents under the following circumstances:
1. The apprenticeship requirement conflicts with state or federal funding conditions, or the conditions of any other grant or funding program;
2. An insufficient number of apprentices is available to meet the contract requirements;
3. The project involves a high proportion of equipment and materials costs compared to the anticipated labor hours;
4. The contractor has demonstrated that is has utilized its “best efforts” to meet the established percentage requirement, but remains unable to fulfill the goal; or
5. In order to meet the requirement, the contractor will be forced to displace members of its workforce.
If waiver is appropriate, the director shall prepare a memo to the chief administrative officer or his/her designee outlining the reasons for the requested waiver. If the chief administrative officer or his/her designee authorizes the waiver, the project may proceed without complying with the requirements in subsection (B) of this section. The document evidencing the waiver granted by the chief administrative officer or his/her designee shall be maintained with the contract on file with the city clerk’s office in accordance with KCC 3.70.050.
E. Penalty for noncompliance.
1. A contractor or subcontractor failing to comply with the apprenticeship requirements of this section shall be assessed a penalty of $10.00 for each hour that is not achieved.
2. An appeal of an assessed penalty shall be filed in writing with the chief administrative officer or his/her designee within 10 business days of the imposition of penalties.
3. The chief administrative officer or his/her designee shall either affirm, reduce, or reverse the imposition of the penalty based upon the specific facts and circumstances and the existence and extent of any good faith efforts of the contractor to comply with the requirements of this section.
(Ord. No. 4312, § 1, 3-5-19)