Chapter 1.59
PUBLIC WORKS CONTRACTS –
USE OF APPRENTICES1

Sections:

1.59.010    Definitions.

1.59.020    Application of this chapter.

1.59.030    Apprentices required on public works contracts.

1.59.040    Proof of compliance and enforcement.

1.59.050    Emergencies.

1.59.060    Waiver or reduction of apprenticeship goals.

1.59.010 Definitions.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) “Apprentice” means an apprentice enrolled in a state-approved apprenticeship training program.

(2) “Apprentice utilization requirement” means the requirement that no less than ten percent of the labor hours involved in a public works project be performed by apprentices.

(3) “Director” means the public works director or the director’s designee.

(4) “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 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.

(5) “State-approved apprenticeship training program” means an apprenticeship training program approved by the Washington state apprenticeship and training council or its equivalent. (Ord. 99-30 § 1, 1999).

1.59.020 Application of this chapter.

(1) The provisions of this chapter are intended for the administrative and procedural guidance of the officers and employees of the city of Hoquiam and are further expressions of the public policy of the city of Hoquiam. Such provisions are not intended to confer an independent cause of action or claim for relief cognizable in the courts of the state of Washington or the United States of America to any third parties, and these provisions shall not be used as the basis for a lawsuit in any court of competent jurisdiction challenging the award of any contract by the city of Hoquiam.

(2) This chapter is enacted for the benefit of the general public. Any rules, regulations and policies adopted by public works department pursuant to this chapter and the actions of city officials and employees in implementing this chapter are performed for the benefit of the general public. The decision of the city council to award any bid or public works contract which may be construed as subject to this chapter is final and conclusive. (Ord. 99-30 § 1, 1999).

1.59.030 Apprentices required on public works contracts.

(1) All contracts for public works in which the cost of labor, excluding materials, is estimated to be one hundred thousand dollars or more, shall require that no less than ten percent of the labor hours shall be performed by apprentices.

(2) The director shall include provisions to allow enforcement of the provisions contained in this chapter in all packages of bid documents and published calls for bids. Such contractual provisions may include liquidated damages calculated to reimburse the city for the contractor’s or subcontractor’s breach of these performance requirements. (Ord. 99-30 § 1, 1999).

1.59.040 Proof of compliance and enforcement.

(1) All firms, corporations, and persons subject to the provisions of this chapter shall submit to the city of Hoquiam, in the form and manner as the city may require in the issuance of specifications for public works projects, proof and/or documentation demonstrating that the firm, corporation, or person has or will comply with this chapter.

(2) By entering into an agreement to provide services or materials for a public work of the city of Hoquiam, all firms, corporations, and persons subject to the provisions of this chapter agree to submit to the city, upon request, all information, reports, and policies relevant to the enforcement of applicable provisions of this chapter. Prime contractors shall incorporate this provision into all subcontracts in which a subcontractor is to perform services on a city public works project.

(3) Proof or documentation of compliance must be submitted no later than the time stated in the city’s published specifications for a public works project. In no event will any firm, corporation, or person be considered for a contract with the city of Hoquiam involving a public works project which is subject to this chapter until such time as the proof or documentation of compliance has been submitted to the city.

(4) The director shall review the contractor’s and all subcontractor’s employment practices during performance of the work for compliance with apprentice utilization requirements. On-site visits may be conducted as necessary to verify compliance. The contractor and subcontractors shall not deny the city the right to interview its employees; provided, that the director shall make reasonable efforts to coordinate interviews with employers.

(5) The failure by a contractor to comply with the apprentice utilization requirements of this chapter shall be deemed a breach of contract for which the city shall be entitled to all remedies allowed by law and under the contract, including liquidated damages. Any knowing failure to comply with the apprentice utilization requirements, or refusal to cooperate in compliance monitoring, may disqualify the defaulting contractor or subcontractor from eligibility for future city contracts. (Ord. 99-30 § 1, 1999).

1.59.050 Emergencies.

This chapter shall not apply in the event of an emergency. For the purposes of this section, “emergency” means unforeseen circumstances beyond the control of the city that either:

(1) Present an immediate threat to the proper performance of essential functions; or

(2) Will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken. (Ord. 99-30 § 1, 1999).

1.59.060 Waiver or reduction of apprenticeship goals.

The director is authorized to waive or reduce the apprenticeship participation requirements on contracts if the director determines that an inadequate number of apprentices are available to meet the required percentage or that the small size of the workforce utilized on a particular project makes compliance impracticable. (Ord. 99-30 § 1, 1999).


1

Code reviser’s note: Ordinance 99-30 adds these provisions as Chapter 1.94. The chapter has been editorially renumbered to prevent duplication of numbering.