HomeMy WebLinkAbout3496ORDINANCE NO. 3496
AN ORDINANCE of the City of Port Angeles, Washington adding a new
Chapter 3.80 to Title 3 of the Port Angeles Municipal Code
establishing an apprentice program.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY
ORDAIN AS FOLLOWS:
Section 1. A new Chapter is added to Title 3 of PAMC to read as follows:
Sections:
3.80.010 Use of apprentices required for public works
3.80.020 Definitions
3.80.030 Apprenticeship utilization
3.80.040 Administration
3.80.050 Reporting, monitoring and proof of compliance and enforcement
3.80.010 Use of apprentices required for public works. Apprentices shall be utilized on
the construction of all public works in accordance with this chapter.
3.80.020 Definitions
1) "Apprentice" means an apprentice enrolled in a state of Washington apprenticeship training
program.
2) "Apprentice utilization requirement" means the requirement established by this Chapter that
no less than fifteen percent of the total reported labor hours involved in a public works project be
performed by apprentices.
3) "Contractor" means a person, corporation, partnership, limited liability company, or joint
venture entering into a contract with the City to construct a public work.
4) "Director" means the Director of Public Works and Utilities, Director's designee,
5) "Emergencies" means unforeseen circumstances beyond the control of the City that either:
a. Present an immediate threat to the proper performance of essential functions; or
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b. Will likely result in material loss or damage to property, bodily injury, or loss of life if
immediate action is not taken.
6) "Bid Amount" means the actual bid submitted by a contractor to perform a public work,
including costs of materials, supplies, equipment, and labor, but excluding taxes and contingency
funds.
7) "Labor Hours" means the total hours of 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, including foremen, employed by the contractor and all subcontractors working on
the project. "Labor hours" shall exclude hours worked by superintendents, owners, and workers
who are not subject to prevailing wage requirements.
8) "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, in which the awarded Bid Amount is
$1,000,000 or more at the time of contract advertisement.
9) "State- approved apprenticeship training program" means an apprenticeship program
approved or recognized by the Washington State Apprenticeship and Training Council.
10) "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.
3.80.030 Apprenticeship utilization.
1) Apprentices utilized in accordance with this chapter must be enrolled in state - approved
apprenticeship programs.
2) Notice of the apprenticeship requirements of this Chapter shall be included in all instructions
to bidders for projects on which the Bid Amount is reasonably expected to be $1,000,000 or
more.
3) The provisions of this chapter are intended to impose a requirement on companies awarded
certain Public Works contracts. These provisions are not intended to create a legal duty on the
officers and employees of the City of Port Angeles. These provisions are not intended to confer
on any third parties a cause of action or claim for relief against the City, and these provisions
shall not be used as a basis for a lawsuit challenging the award of any contract by the City of Port
Angeles.
3.80.040 Administration Apprentices shall be utilized for the construction of public works
by contractors and subcontractors in accordance with this section.
1) Apprenticeship utilization program requirement: Public works by contracts shall require that
15 percent minimum of the contract labor hours. The 15% contract labor hours may be an
aggregate of both contractor and subcontractor apprentice manhours.
2) Contract requirements. The contract documents for such public works construction projects
shall include provisions imposing the apprentice labor requirements established in this Chapter.
Such contractual provisions may include liquidated damages. The Director is hereby authorized
calculate for each project a liquidated damages amount, calculated to reimburse the City for the
Contractor's breach of this Chapter.
3) The City will make available an apprenticeship utilization plan fount, which identifies the
intended usage of apprentices by the contractor and /or any subcontractors to be submitted and
used in evaluation of successful bidder in awarding of the public works contract. If the contractor
cannot show its 15% minimum apprentice hours proposal, the bid may be deemed non-
responsive by the City.
4) Failure to meet utilization goal. Failure by a contractor to comply with established
apprenticeship requirements, unless otherwise reduced 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.
Failure to comply with the apprenticeship requirements may also be considered evidence bearing
on a contractor's responsibility for award of future contracts with the City.
5) Reduction or Waiver. The Director, or his designee, may reduce or waive the requirements of
this section for a specific project at any time for the following reasons:
a. An emergency exists.
b. The demonstrated lack of availability of apprentices in specific geographic areas;
c.A disproportionately high ratio of material costs to labor hours, which does not make
feasible the required minimum levels of apprentice participation;
d. The reasonable and necessary requirements of the contract render apprentice utilization
infeasible at the required levels;
e. The participating contractor has demonstrated a good faith effort to comply with the
requirements of this section and has been unable to retain enough apprentices.
6) Grant fielding. 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.
7) By entering into a public works contract, all firms, corporations, and persons subject to the
provisions of this chapter agree to submit to the City all information, reports, and policies
relevant to the enforcement of applicable provisions of this chapter. The City will require
periodic reporting on apprentice utilization to be included with each invoice submitted to the
City. Such reports shall include an apprenticeship utilization report by the contractor and
subcontractors 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, and
the total apprentice labor hours worked. This provision is not intended and shall not be used to
discriminate against any applicant for training.
The Director is hereby authorized to adopt administrative policies and procedures that establish
the means and methods appropriate to efficiently carry out the reporting requirements of this
Chapter.
8) All apprenticeship utilization requirement documentation shall be submitted in a timely
manner to coincide with billing period. The City of Port Angeles will not release any
construction funds until all apprenticeship utilization requirement documentation has been
submitted to the City. Monthly reporting to the City is deemed necessary to ensure successful
implementation of this program
9) Upon successful completion of the public works project, the City's project manager will
compile & submit a final apprenticeship report to be used by the Director for the report to City
council. Dispersing of final project funds shall be withheld until this report is completed and
given to the Director.
3.80.050 Reporting to the City Council. The Director, or his designee, shall report to
the council upon the use of apprentices for construction projects. The report shall be part of the
final contract acceptance presented to Council and will include:
1) The percentage of labor hours actually worked by apprentices on each awarded project and
the total, number of labor hours on each awarded_project;
2) The number of apprentices by contractor broken down by trade and craft category;
3) Others facts and information that demonstrate the results and consequences of the
apprenticeship program established by this chapter.
Section 2 - Corrections. The City Clerk and the codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
correction of the scrivener's /clerical errors, references, ordinance numbering, section/subsection
numbers and any references thereto.
Section 3 - Severability. If any provisions of this Ordinance, or its application to any
person or circumstances, are held invalid, the remainder of the Ordinance, or application of the
provisions of the Ordinance to other persons or circumstances, is not affected.
Section 4 - Effective Date. This Ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum. This ordinance shall take
effect five (5) days after passage and publication of an approved summary thereof
consisting of the title.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 18 day of February 2014.
APPROVED AS TO FO
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William E. Bloor, City Attorney
ATTEST:
Jane .a Hurd, City Clerk
PUBLISHED: February 24 , 2014
By Summary
Dan Di Guilio, Mayor
Summaries of Ordinances Adopted by the
Port Angeles City Council
On February 18, 2014
Ordinance No. 3496
THIS ORDINANCE of the City of Port Angeles, Washington, adds a new Chapter 3.80 to Title
3 of the Port Angeles Municipal Code establishing an apprenticeship program.
Ordinance No. 3497
THIS ORDINANCE of the City of Port Angeles, Washington, makes changes to Chapter
2.44.030 and Chapter 3.70.010 of the Port Angeles Municipal Code relating to City Hall
business hours.
The full texts of the Ordinances are available at City Hall in the City Clerk's office, on the City's
website at www.cityofpa.us, or will be mailed upon request. Office hours are Monday through
Thursday, 8:30 a.m. to 4:00 p.m., and Friday 8:30 a.m. to 12:30 p.m. These Ordinances shall
take effect five days following the date of publication by summary.
Janessa Hurd, CMC
City Clerk
Publish: February 24, 2014