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Public Works Apprentice Program Ordinance

ORDINANCE NO. C - ______ AN ORDINANCE relating to a Public Works Apprentice Program; adopting new sections 7.06.700, 7.06.710, 7.06.720, 7.06.730, 7.06.740, 7.06.750, 7.06.760 and 7.06.770 to chapter 7.06 of the Spokane Municipal Code to be designated as Article X. The City of Spokane does: Section 1. That there is adopted new sections 7.06.700, 7.06.710, 7.06.720, 7.06.730, 7.06.740, 7.06.750, 7.06.760 and 7.06.770 to chapter 7.06 of the Spokane Municipal Code to be designated as Article X to read as follows: ARTICLE X PUBLIC WORKS APPRENTICE PROGRAM Sections: 7.06.700 Intent 7.06.710 Definitions 7.06.720 Administration of Apprentice Program 7.06.730 Waiver or Reduction of Goals 7.06.740 Exemption Related to Federal or State Grant Funding Requirements 7.06.750 Utilization of Apprenticeships for Veterans 7.06.760 Penalty 7.06.770 Appeals 7.06.700 Intent The City of Spokane recognizes that a well-trained construction work force 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 work force. 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 work force will be available in sufficient numbers in the future for the construction of public works projects. 7.06.710 Definitions For the purpose of this article, the following words are defined as follows: A. "Labor hours" means the total number of hours of worked by workers receiving an hourly wage who are directly employed on the site of the public works project. "Labor hours" shall include hours performed by workers employed by the contractor and all subcontractors working on the project. "Labor hours" shall exclude hours worked by foremen, superintendents, owners and workers who are not subject to prevailing wage requirements. B. "State-approved apprenticeship program" means an apprenticeship program approved or recognized by the Washington State Apprenticeship and Training Council or similar programs approved by the Washington State Department of Labor and Industries or the the U.S. Department of labor- Bureau of Apprenticeship (BAT) . 7.06.720 Administration of Apprentice Program On public works construction projects, as defined in RCW 39.04.010, with an estimated cost of three hundred fifty thousand dollars ($350,000) or more, at least five (5) percent in 2015, ten (10) percent in 2016 and fifteen (15) percent in years 2017 and beyond of the total contract labor hours of each project (all contractor and subcontractor hours) shall be performed by apprentices enrolled in a state-approved apprenticeship program. A. The utilities department shall be responsible for the implementation and administration of this article and is authorized to develop and adopt rules consistent with the requirements of Article X of Chapter 7.06 SMC. The director shall establish contract specification language to implement the apprenticeship requirement, which may change from time to time. The director shall develop and implement a system for monitoring the actual use of apprentices on public works projects. B. The director shall establish a monitoring program to verify compliance with this article. The director shall report to the city council at least twice each year to report on the apprenticeship program. 7.06.730 Waiver or Reduction of Goals The director is authorized to waive or reduce the apprenticeship participation percentage on public works construction projects with prior written notice to the city council. The director’s decision to reduce the apprenticeship participation percentage shall be based on his or her findings that there is a demonstrated lack of ability to obtain apprentices in a specific geographic area or field; or, a disproportionately high ratio of mat

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Public Works Apprentice Program Ordinance

ORDINANCE NO. C - ______ AN ORDINANCE relating to a Public Works Apprentice Program; adopting new sections 7.06.700, 7.06.710, 7.06.720, 7.06.730, 7.06.740, 7.06.750, 7.06.760 and 7.06.770 to chapter 7.06 of the Spokane Municipal Code to be designated as Article X. The City of Spokane does: Section 1. That there is adopted new sections 7.06.700, 7.06.710, 7.06.720, 7.06.730, 7.06.740, 7.06.750, 7.06.760 and 7.06.770 to chapter 7.06 of the Spokane Municipal Code to be designated as Article X to read as follows: ARTICLE X PUBLIC WORKS APPRENTICE PROGRAM Sections: 7.06.700 Intent 7.06.710 Definitions 7.06.720 Administration of Apprentice Program 7.06.730 Waiver or Reduction of Goals 7.06.740 Exemption Related to Federal or State Grant Funding Requirements 7.06.750 Utilization of Apprenticeships for Veterans 7.06.760 Penalty 7.06.770 Appeals 7.06.700 Intent The City of Spokane recognizes that a well-trained construction work force 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 work force. 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 work force will be available in sufficient numbers in the future for the construction of public works projects. 7.06.710 Definitions For the purpose of this article, the following words are defined as follows: A. "Labor hours" means the total number of hours of worked by workers receiving an hourly wage who are directly employed on the site of the public works project. "Labor hours" shall include hours performed by workers employed by the contractor and all subcontractors working on the project. "Labor hours" shall exclude hours worked by foremen, superintendents, owners and workers who are not subject to prevailing wage requirements. B. "State-approved apprenticeship program" means an apprenticeship program approved or recognized by the Washington State Apprenticeship and Training Council or similar programs approved by the Washington State Department of Labor and Industries or the the U.S. Department of labor- Bureau of Apprenticeship (BAT) . 7.06.720 Administration of Apprentice Program On public works construction projects, as defined in RCW 39.04.010, with an estimated cost of three hundred fifty thousand dollars ($350,000) or more, at least five (5) percent in 2015, ten (10) percent in 2016 and fifteen (15) percent in years 2017 and beyond of the total contract labor hours of each project (all contractor and subcontractor hours) shall be performed by apprentices enrolled in a state-approved apprenticeship program. A. The utilities department shall be responsible for the implementation and administration of this article and is authorized to develop and adopt rules consistent with the requirements of Article X of Chapter 7.06 SMC. The director shall establish contract specification language to implement the apprenticeship requirement, which may change from time to time. The director shall develop and implement a system for monitoring the actual use of apprentices on public works projects. B. The director shall establish a monitoring program to verify compliance with this article. The director shall report to the city council at least twice each year to report on the apprenticeship program. 7.06.730 Waiver or Reduction of Goals The director is authorized to waive or reduce the apprenticeship participation percentage on public works construction projects with prior written notice to the city council. The director’s decision to reduce the apprenticeship participation percentage shall be based on his or her findings that there is a demonstrated lack of ability to obtain apprentices in a specific geographic area or field; or, a disproportionately high ratio of mat

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ORDINANCE NO.

C - ______
AN ORDINANCE relating to a Public Works Apprentice Program; adopting new sections
7.06.700, 7.06.710, 7.06.720, 7.06.730, 7.06.740, 7.06.750, 7.06.760 and 7.06.770 to chapter
7.06 of the Spokane Municipal Code to be designated as Article X.
The City of Spokane does:
Section 1.
That there is adopted new sections 7.06.700, 7.06.710, 7.06.720,
7.06.730, 7.06.740, 7.06.750, 7.06.760 and 7.06.770 to chapter 7.06 of the Spokane Municipal
Code to be designated as Article X to read as follows:
ARTICLE X
PUBLIC WORKS APPRENTICE PROGRAM
Sections:
7.06.700
7.06.710
7.06.720
7.06.730
7.06.740

Intent
Definitions
Administration of Apprentice Program
Waiver or Reduction of Goals
Exemption Related to Federal or State Grant Funding Requirements

7.06.750
7.06.760
7.06.770

Utilization of Apprenticeships for Veterans


Penalty
Appeals

7.06.700

Intent

The City of Spokane recognizes that a well-trained construction work force 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 work force. 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 work force will be available in sufficient numbers in
the future for the construction of public works projects.
7.06.710
Definitions
For the purpose of this article, the following words are defined as follows:

A.

"Labor hours" means the total number of hours of worked by workers receiving
an hourly wage who are directly employed on the site of the public works project.
"Labor hours" shall include hours performed by workers employed by the
contractor and all subcontractors working on the project. "Labor hours" shall
exclude hours worked by foremen, superintendents, owners and workers who
are not subject to prevailing wage requirements.

B.

"State-approved apprenticeship program" means an apprenticeship program


approved or recognized by the Washington State Apprenticeship and Training
Council or similar programs approved by the Washington State Department of
Labor and Industries or the the U.S. Department of labor- Bureau of
Apprenticeship (BAT) .

7.06.720

Administration of Apprentice Program

On public works construction projects, as defined in RCW 39.04.010, with an estimated


cost of three hundred fifty thousand dollars ($350,000) or more, at least five (5) percent
in 2015, ten (10) percent in 2016 and fifteen (15) percent in years 2017 and beyond of
the total contract labor hours of each project (all contractor and subcontractor hours)
shall be performed by apprentices enrolled in a state-approved apprenticeship program.
A.

The utilities department shall be responsible for the implementation and


administration of this article and is authorized to develop and adopt rules
consistent with the requirements of Article X of Chapter 7.06 SMC. The director
shall establish contract specification language to implement the apprenticeship
requirement, which may change from time to time. The director shall develop and
implement a system for monitoring the actual use of apprentices on public works
projects.

B.

The director shall establish a monitoring program to verify compliance with this
article. The director shall report to the city council at least twice each year to
report on the apprenticeship program.

7.06.730

Waiver or Reduction of Goals

The director is authorized to waive or reduce the apprenticeship participation


percentage on public works construction projects with prior written notice to the city
council. The directors decision to reduce the apprenticeship participation percentage
shall be based on his or her findings that there is a demonstrated lack of ability to obtain
apprentices in a specific geographic area or field; or, a disproportionately high ratio of

material costs to labor hours, which does not make feasible the required minimum level
of apprentice participation.
7.06.740
Exemption Related to Federal or State Grant Funding Requirements
This article shall not apply or the participation percentage shall be reduced if in conflict
with state of federal grant funding requirements.
7.06.750
Utilization of Apprenticeships for Veterans
The City encourages the utilization of the apprenticeships for veterans and encourages
a goal of ten percent of apprenticeship labor hours be performed by veterans.
7.06.760

Penalty

A.

All city public works contracts involving this article shall include a provision
establishing a penalty equal to thirty percent (30%) of the highest paid craft
hourly rate on the public works project as determined by prevailing wages for
each unmet labor hour to be imposed by the director on each contractor or
subcontractor who violates the provisions of this article.

B.

Failure to comply with the provisions of this article shall be deemed a breach of
the public works contract with the City and shall be considered grounds for
disqualifying the contractor for future public works contracts.

7.06.770

Appeals

A.

An appeal may be filed with the Citys hearing examiner by any individual,
contractor or other party affected by the enforcement of this article regarding the
directors decision to waive or reduce the apprenticeship participation percentage
or the imposition of penalties pursuant to SMC 10.07.080.

B.

Appeals shall be filed within ten (10) business days of the directors decision.
Appeals shall be processed consistent with SMC 17G.050.310-320.

C.

The hearing examiner shall either affirm or reverse the decision of the director. If
the hearing examiner reverses the directors decision, the matter shall be
remanded to the director to decide the matter consistent with the hearing
examiners decision.

D.

An appeal shall not act as a stay to a public works construction project. A


decision by the hearing examiner regarding the waiver or reduction of the
apprenticeship participation percentage shall be only apply prospectively. A

decision by the hearing examiner affirming the directors assessment of penalties


may be considered grounds for debarment under SMC 7.06.610 B.
E.

The hearing examiners decision may be appealed to Superior Court.


Section 2.

Effective Date.

This ordinance shall take effect on July 1, 2015.


PASSED by the City Council on

_____

Council President

Attest:

Approved as to form:

City Clerk

Assistant City Attorney

Mayor

Date

Effective Date

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