Ordinance 3854AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, CONCERNINGADOPTION •
APPRENTICE REQUIREMENTS FORCERTAIN
CAPITAL i' r PROJECTS; PROVIDING r i'
SEVERABILITY;AND FIXING a TIME WHEN THE SAME
SHALL i'
WHEREAS,of Edmonds• • . highly skilled
construction workforceboth essential• .ncing economic growth• •' . • .
providing training and experience to individuals seeking to enter or advance in the construction
WHEREAS, growing participation in apprenticeship programs today will ensure a viable
WHEREAS, i • • train the next generation • skilled workers rests with
;ossure that a trained workforce will be available in sufficient numbers in the future for t, F1
ILlril ' • • '• • • I. • .i• . • ► •
create a skilled workforce that reflects the diversity of our population and promotes community
• s • r • r _ • ri i'ra
Section•'• ECC 18.00 Public Works
18.00.050 Apprentice Requirements.
This section is intended to supplement, and to be followed in conjunction with, the City
*f Edmonds Purchasing Policies and Procedures, dated January 2009, or as amended.
A. Definitions.
1. Apprentice" means an apprentice enrolled in a state -approved apprenticeship
training program
2. "Contractor" means a person, corporation, partnership, limited liability
company, or joint venture entering into a contract with the City to construct a
public work.
• •hours"to the total numberof •urs worked
by • an hourly wage who are directly employed on the site of the public work and wh
are subject to state or federal prevailing wage requiremcnts� "Labor hours" shal
also include hours worked by •rkers employed by • • • on •
the public work, and shall include additional hours worked as a result of a
contract or project adjustment or pursuant to an agreed -upon change order,
4. "Estimated cost" means the anticipated cost of a public work, as determined by
the City, based upon the expected • of •• equipment, and
labor, but excluding taxes and contingency funds.
5. "Public work" refers to all City funded construction projects that constitute a
public work pursuant to RCW 39,04.010 as now or hereafter amended and
estimated to cost $250,000 or more.
6. "State -approved apprenticeship training program" means an apprenticeship
program approved or recognized by the Washington State Apprenticeship and
Training Council.
"Subcontractor" person,partnership, limited liability
company, or joint venture that has contracted with the contractor to perform all Or
part of • to construct . public • by • . •
I: n.
AAgeh�s shcll be utilized for the construction of tcublic works by contractors
• subcontractors in accordance
1. Apprenticeship utilization program goal, For public works contracts with an
. -• • • ToN#L2 i • • i 1•Mmmf *040-40,• • -
Director of Public Works, or his designee, is authorized to require that up to
fifteen • % of •ntract labor hours,• • contractor and
subcontractor a be performed by apprentices.
Contract requirements.• . documents forpublic works
construction projects shall includeprovisions detailing the.•- .ra
Monitoring. Apprenticeship Utilization Formfor
contractors to complete when submitting their • • documents,•'
intended usage of apprentices by the contractor and any subcontractors. This
document will require the identification of i i . apprentices by r and
Washington State apprenticeship . • i number, . ` of •
apprentice labor hours, and the identification of apprentice hours to be worked by
minorities, women, persons with disabilities and disadvantaged youth. This
provision is not intended and shall not be used to discriminate against any
applicant for training. In addition, the City will require the submittal of an
Apprenticeship c • •rm by the contractor at the conclusionof public
worksproject thati" •rk performed by apprentices f•
contractor an isu•contractors.
4� Failure tomeet utilizationgoaL Failureby • • tocomply with
establishedapprenticeshiprequirements,otherwise adjusted or `r in
writing as set forth below, shall be deemed a breach of contract for which the City
shall be entitled to all remedies allowed by law 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 City�
SoMejurisdictions requirean assessment of 11 to $10.01re
each rur the contractorfails to meet the utilizationgoal instead of r breach
contract provision.]
5. Adjustment and waiven The Director of Public Works, or his designee, may
for • • • . •
(b) A disproportionately high ratio of material costs to labor hours,
which does not make feasible the require minimum eve s of
aii •. it i
reasonable and necessary requirementsof the contractrend]
apprentice utilization infeasible at the required levels;
(d) In order to meet the requirement, the contractor will be forced 11
(e) The participating contractor has demonstrated a good faith effort
to comply with the requirements of is section;• •
(f) Other criteria deemed appropriate that are not inconsistent with
the purpose and goals of this section.
Section 1 Severability, If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality. • affect the validity or constitutionality•' any other
section, sentence, clauseor phrase Of this ordinance-
Section,1
APPROVED -
MAYOR MIKE COO E
CITY CLERK,SANDRA S. CHASE
OFFICE OFTHE CITY ATTORNEY:
BY
t FFRE ' B. T DA Y
FILED W1T 1 TffE CITY CLERK: -1 -2011
of the City of Edmonds, Washington
On the 20"' day of September, 2011, the City Council of the City of
Edmonds, passed Ordinance No. 3854. A summary of the content of said ordinance,
consisting, of the title, provides as follows:
AN ORDINANCE OF T11E, CITY OF EDMONDS,
WASHINGTON, CONCERNING TIME ADOPTION OF
APPREN-110E REQUIREMENTS FOR CERTAIN C11"Y
CAPITAL CONSTRUCTION PROJECTS; PROV1D1NG
FOR SEVERABILITY; AND FIXING A TIME WHEN
THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DNE' D this 21 " day of September, 2011.
J
CITY CLERK, SANDRA S. Cl,-IASE
19
STATE OF WASHINGTON,
COUNTY S
S.S.
The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of
trT101,
'ft-IE HERALD, a daily newspaper punted and published in the City of Everett, County of
Snohomish, and Stateof Washington; that said newspaper is a newspaper of general
circulation in said County and State, that said newspaper has been approved as a legal
t
newspaper by order of the Superior Court of Snohomish County and that the notice
City aiPd rds,ftitss t9 fdA�rss s_ As as Sqn arvofOrdinanceNo.3854
content 0I said rdi tttetCs), ,,Slating ai; ata 1s`Car s v _ .
Mews: ws:
AN +°.1t#i"�NA!`�'st's°: OF THE -H PA pi TOYOF
Yi wA R IGU , ()N0ERk'fgG
A TEE Aft ClOi3 N k
PAEtrrlCC AEQUIp IMEi,('i FOR CERTAM CM
CAF'rXt CONSTRUCTlON t 80JECTSPROVIDING r0
SEVERA ti.6i Y. AND t"kX$lG A, t`kt E WHEN THE SAME
'nlo toil t�e`ei of INS toinArce Wit be mailed upon rsqeasz.
t1AT 0fit%e1S,� 701 o1X61a ;nr 201"
C, TY t 1-54k, SANDRA S' CREASE a printed co ll
of which is hereunto attached; was published in said newspaper er proper and not
in supplement form; in the regular and entire edition of said paper on the following days and
times; namely:
September 25, 2011
and that said newspaper was regularly distributed to its subscribers during all of said period.
in m —K,—ncipa FClee
Subscribed and sworn to before me this 2
at tltrlr
day of September 2{fI
.� i11
Notary ubls'c in and for the State of Washsat+ion, sidin rt€ f V t„ Sn 101. lr
Ia
County �`�: �."
Account Name: City of Edmonds Account Number. 101416 Order plumber: 0001751639