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Ordinance 4068ORDINANCE NO.4068 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE APPRENTICESHIP REQUIREMENTS IN ECDC 18.00.050. WHEREAS, in the fall of 2011, the City added a 15% Apprentice goal on Public Works projects with an estimated cost of $250,000 (increased to $300,000 in 2012) or more; and WHEREAS, the purpose of an apprentice training program is to provide training and experience to individuals seeking to enter or advance in the work force; and WHEREAS, an increase in the applicable contract limits from $300,000 to $1,000,000 would align better with other public agencies who have an apprentice programs; and WHEREAS, such an increase would also reduce the contract administration effort and the cost of projects costing between $300,000 and $1,000,000; and WHEREAS, the city council has recently voted to amend the contracting and purchasing policies to implement this new contract limit; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 18.00.050 of the Edmonds Community Development Code, entitled "Apprenticeship provisions," is hereby amended to read as follows (new text is shown in underline; deleted text is shown in st����): 18.00.050 Apprentice requirements. This section is intended to supplement, and to be followed in conjunction with, the City of Edmonds Purchasing Policies and Procedures, dated January 2012, or as amended. A. Definitions. 1. "Apprentice" means an apprentice enrolled in a state -approved apprenticeship training program. 1 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. 3. "Labor hours" refers to the total number of hours worked by workers receiving an hourly wage who are directly employed on the site of the public work and who are subject to state or federal prevailing wage requirements. "Labor hours" shall also include hours worked by workers employed by subcontractors on the site of 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 costs of materials, supplies, 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 $3 01,000,000 or more. 6. "State -approved apprenticeship training program" means an apprenticeship program approved or recognized by the Washington State Apprenticeship and Training Council. 7. "Subcontractor" means a person, corporation, partnership, limited liability company, or joint venture that has contracted with the contractor to perform all or part of the work to construct a public work by a contractor. B. Apprentice Utilization. Apprentices shall be utilized for the construction of public works by contractors and subcontractors in accordance with this section. 1. Apprenticeship Utilization Program Goal. For public works contracts with an estimated cost of $3001.000,000 or more, the director of public works, or his designee, is authorized to require that up to 15 percent of the contract labor hours, including contractor and subcontractor hours, be performed by apprentices. 2. Contract Requirements. Contract documents for such public works construction projects shall include provisions detailing the apprentice labor requirements. 2 3. Monitoring. The city will make available an apprentice utilization plan form, which identifies the intended usage of apprentices by the contractor and any subcontractors. This document is to be submitted by the successful bidder after the contract has been awarded. In addition, the city will require periodic reporting on apprentice utilization, to include the submittal of a monthly apprenticeship utilization report by the contractor at the conclusion of the public works project that will identify the actual work performed by apprentices for the contractor and subcontractors on a monthly basis. Required reporting will include the identification of individual apprentices by name and Washington State apprenticeship registration number, the total apprentice labor hours worked, and identification of apprentice hours 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. 4. Failure to Meet Utilization Goal. Failure by a contractor to comply with established apprenticeship requirements, unless otherwise adjusted or waived 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. 5. Adjustment and Waiver. The director of public works, or his designee, may adjust or waive the requirements of this section for a specific project at any time for the following reasons: a. The demonstrated lack of availability of apprentices in specific geographic areas; b. A disproportionately high ratio of material costs to labor hours, which does not make feasible the required minimum levels of apprentice participation; c. The reasonable and necessary requirements of the contract render apprentice utilization infeasible at the required levels; d. In order to meet the requirement, the contractor will be forced to displace members of its workforce; e. The participating contractor has demonstrated a good faith effort to comply with the requirements of this section; and/or 3 f. Other criteria deemed appropriate that are not inconsistent with the purpose and goals of this section. 6. Grant Funding. The provisions of this section shall not apply to the extent they are deemed to be in conflict with state or federal grant funding requirements. Section 2. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective Date. This ordinance is subject to referendum and shall take effect thirty (30) days after final passage of this ordinance. APP OVED: M YOR DAVE EARLING ATTEST/AUTHENTICATED: CLERK, SC&kIPASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADAY FILED WITH THE CITY CLERK: April 28, 2017 PASSED BY THE CITY COUNCIL: May 2, 2017 PUBLISHED: May 7, 2017 EFFECTIVE DATE: June 1, 2017 rd ORDINANCE NO. 4068 SUMMARY OF ORDINANCE NO. 4068 of the City of Edmonds, Washington On the 2n1 day of May, 2017, the City Council of the City of Edmonds, passed Ordinance No. 4068. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE APPRENTICESHIP REQUIREMENTS IN ECDC 18.00.050. The full text of this Ordinance will be mailed upon request. DATED this 3rd day of May, 2017. CL RK, SCO PASSEY C Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Kathleen Landis being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of EDH756525 ORDINANCE 4068 as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 05/07/2017 and ending on 05/07/2017 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of the fee for such publication is $20.64. - Subscribed a nd sworn before me on this day of Washington. City of Edmonds -LEGAL ADS 114101416 SCOTf PASSEY DEBRA ANN GRIGG Notary Public State of Washington My Commission Expires October 31, 2017 4 SUMMARY OF ORDINANCE NO.4060 al the City of Edmonds, Washtv*n On the 2nd day al May, 2017, the City Council al the City 01 Edmonds passed Ordin&nce No. 4068, A summery a1 MO Content cl said ordrro, Consisthq OI the lido. providn415l0lowa; AN ORbINANCE OF THE CITY OF ERMONDS. WASHINGTON. AMENDING tHE APPRENTICESHIP REQUIREMENTS IN ECDC 18.00.050, The full text of this Ordinance will be mailed upon request. DATED this 2nd day of May, 2017. CITY CLERK, SCOTT PASSEY ubiished: May 7, 2017. EOH756525 �q