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HomeMy WebLinkAboutTrans 2013-10-15 Item 2A - Handout Presented at Meeting by Transportation Chair as Part of Apprenticeship Program0 Washington State Department of Labor & Industries July 2008 Summary This document was prepared by the Washington Department of Labor and Industries, Office of Apprenticeship in response to requests for information on the topic. This information is intended to address the most frequently asked questions and provide regional resources for those in need of further assistance. While the Department does not play a direct role with regard to Apprenticeship Utilization Requirement (AUR) implementation (1 -937 exception noted below), we are the registration agency for apprenticeship program sponsors and apprentices in the State. Apprenticeship Utilization Fact Sheet What are Apprentice Utilization Requirements (AURs)? Apprenticeship Utilization Requirements (AURs) require a certain percentage of labor hours for a given construction project be performed by Washington State registered and /or approved apprentices.* The first state -wide AUR initiative came through an executive order under the Locke administration in February 2000. Since that time, AURs have become widespread in Washington encompassing cities, counties, private and public development entities, department of transportation and K -12 school construction. Driving these efforts is a compelling industry need for skilled workers best captured by the following excerpt from the codification of Gov. Locke's executive order in 2005 (RCW 39.04.320): "A well- trained construction trade's workforce is critical to the ability of the state of Washington to construct public works. Studies of the state's work force highlight population trends that, without a concerted effort to offset them, will lead to an inadequate supply of skilled workers in the construction industry. State government regularly constructs public works. The efficient and economical construction of public works projects will be harmed if there is not an ample supply of trained construction workers. Apprenticeship training programs are particularly effective in providing training and experience to individuals seeking to enter or advance in the workforce, By providing for apprenticeship utilisation on public works projects, state government can create opportunities for training and experience that will help assure that a trained workforce will be available in sufficient numbers in the future for the construction of public works." Initiative 937, approved by voters in November 2006 established that renewable energy projects commencing operation after December 31, 2005 have a certain level of registered apprentice labor hours to be set by the Washington State Apprenticeship and Training Council. The council, at their January 19, 2007 quarterly meeting established 15% as the goal for registered apprentice utilization on such projects. The burden of proof is on the owner /developer to demonstrate to the department that the goals were achieved. To accomplish this, the council recommends that the owner /developer track journey level and apprentice hours for the project and has back -up documentation as proof *The WSATC has a reciprocity agreement with Oregon and Montana thus bona fade registered apprentices from these states are considered to be "WSATC approved" and are allowed to work on Prevailing Wage projects as registered apprentices in Washington State. Currently Idaho apprentices may not work for reduced or "apprentice" wages on Washington Public Works projects. Examples of Apprenticeship Utilization Requirements Private and public entities are requiring that a specified percentage of labor hours on a given project be performed by Washington State Apprenticeship & Training Council registered and /or approved apprentices. Typically, the percentage requirement is 15% though this may vary. Statewide AURs include: • Agencies under the authority of the Governor, excluding the WSDOT, must require 15 percent of the total labor hours be performed by state approved apprentices for projects estimated to cost $1 million or more. • WSDOT must require 15 percent of the total labor hours be performed by state - approved apprentices for projects estimated to cost $2 million or more. • Effective January 1, 2010 all public works by a school district estimated to cost $1 million or more must contain specifications requiring that no less than 15 percent of the labor hours be performed by registered apprentices. • Four -year institutions of higher education begin a three -year graduated implementation requirement January 1, 2010 culminating January 1, 2012 with a 15 percent utilization provision for all projects estimated to cost $1 million or more. Construction Bid Advertisement Date Estimated Construction Cost Four -year Higher Ed Apprentice Requirement January 1, 2010 — December 31, 2010 $3 M or greater No less than 10% January 1, 2011 — December 31, 2011 $2 M or greater No less than 12% January 1, 2012 — Forward $1 M or greater No less than 15% Additional sponsors of AURs include but are not limited to: Vulcan Construction, Immunix/Hajum, Harbor Properties, Pine Street Associates, City of Seattle, Sound Transit, King County, Thurston County, City of Tacoma, Safeco Field, the Stadium Commission, Chelan County, Port of Seattle, City of Hoquiam, and Port of Wenatchee. Each sponsoring jurisdiction /entity for an apprenticeship utilization requirement may take a slightly different approach. For specifics regarding a particular AUR, refer back to the project bid specifications or contract documents. The Easiest Way to Start Training Registered Apprentices Join an existing program! The easiest way to comply with an AUR is to become what is referred to as a "training agent" employer participating in an existing, approved State Apprenticeship program. This process can be relatively quick but relies solely on the program sponsor and interested business to carry it through. To join an existing program: • First identify the occupations for which you have the capability and desire to train. • Use L & I `s Apprenticeship Registration and Tracking Svstem (ARTS) to run a "Report" for "Program by County" for the location of the project. In addition to selecting the county, select `construction and extraction occupations' for the `SOC Category' (this eliminates other than construction occupations). The resulting report lists apprenticeship program sponsors in alphabetical order by occupation for the county selected. 2 Website: www.apprenticeship.Ini.wa.gov • Click on "View" for the program you wish to contact. • Call or email the contact person listed for information on program participation. Program Sponsors in the state of Washington must (WAC 296 -05 -303 [4]): 1. Provide training at a cost equivalent to that incurred by currently participating employers and apprentices; 2. Grant equal treatment and opportunity for all apprentices; 3. Offer reasonable working and training conditions and apply those conditions to all apprentices uniformly and equally; 4. Not require an employer to sign a collective bargaining agreement as a condition of participation in an apprenticeship program; 5. Require all employers requesting `approved training agent' status to comply with a WSATC approved agreement and all federal and state apprenticeship rules and the appropriate apprenticeship standards. (The training agent shall employ only registered apprentices when training for that occupation or trade); 6. Require sponsors, who approve `approved training agent' agreements, to furnish the department with a copy of the agreement and /or the list of approved training agents within thirty days of committee approval; and 7. Require sponsors who rescind `approved training agent' agreements and /or the list of approved training agents to notify the department that they have done so within thirty days of said action." For any program you may be interested in, study the "Standards of Apprenticeship" document carefully and then sign a "training agent agreement" form with the program sponsor. Program sponsors may require fees for participation to cover administrative and training costs. Responsibilities When Employing Registered Apprentices Employers that train apprentices are required to follow certain rules: • Provide paid on-the-job training to the apprentice in the right occupation and setting (e.g., residential vs. commercial) • Pay the apprentice the right wages (Apprentices are paid a specified percentage of the Journey rate for the occupation. Program sponsors report Journey rates annually to L & L) • Monitor ratio of journey level to apprentice workers • Ensure proper supervision of apprentices • Employ only registered apprentices and journeymen when training for an occupation 3 Website: www.apprenticeship.Ini.wa.gov Starting your own Apprenticeship program For businesses that do not want to join an existing program and have the desire, capacity and resources to start their own program, help is available: 1. Contact the regional L & I consultant in your area for assistance. 2. Approval process typically takes six months. 3. Potential program sponsors must have the will and resources to complete the approval process and then administer and maintain a registered apprenticeship program including but not limited to: a. New apprenticeship standards for Building Trades occupations proposals must be substantially similar (e.g., term, work processes, related training) to any existing standards for the occupation in question. b. Administrative capacity to oversee day to day operations of the apprenticeship program. c. Ability to comply with federal equal employment opportunity guidelines in selection of apprentices (programs with more than 4 apprentices) d. Ability to negotiate with an educational institution to provide or make available a minimum of 144 hours per year of Related Supplemental Instruction (RSI) to the apprentice. L & I Regional Apprenticeship Consultants Island County, San Juan County, Skagit County, Snohomish County, Whatcom County Everett Office: (425) 290 -1321 King County Seattle Office: (206) 515 -2842 Tukwila Office: (206) 835 -1028 Pierce County Tacoma Office: (253) 596 -3930 Kitsap County, Clallam County, Jefferson County, Grays Harbor County, Lewis County, Mason County, Pacific County, Thurston County Tumwater Office: (360) 902 -5320 Clark County, Cowlitz County, Klickitat County, Skamania County, Wahkiakum County Longview Office: (360) 575 -6927 Benton County, Chelan County, Columbia County, Douglas County, Franklin County, Grant County, Kittitas County, Okanogan County, Yakima County, Walla Walla County Kennewick Office: (509) 735 -0119 Adams County, Asotin County, Ferry County, Garfield County, Lincoln County, Pend Oreille County, Stevens County, Spokane County, Whitman County Spokane Office: (509) 324 -2590 4 Website: www.apprenticeship.lni.wa.gov ORDINANCE NO. 588 AN ORDINANCE OF THE CITY OF SHORELINE, WASHINGTON, ESTABLISHING APPRENTICESHIP UTILIZATION REQUIREMENTS FOR PUBLIC WORKS CONTRACTS OF $1,000,000 OR MORE; AND AMENDING SMC 2.60.060 WHEREAS, a well- trained, diverse workforce is critical to the economic and social vitality of the region; and WHEREAS, journey level construction workers are retiring in numbers greater than the number of applicants to replace them, creating shortages of skilled construction workers impacting the region's ability to expand the economy, decreasing competition for City construction projects and increasing bids; and WHEREAS, apprenticeship programs are an effective means of providing training and experience to individuals seeking to enter or advance in the workforce, offering the unique opportunity to earn living wages and receive excellent benefits while acquiring valuable marketable skills; and WHEREAS, the experience of other agencies and jurisdictions in the region has shown that apprenticeship programs are effective in providing training and experience to individuals seeking to enter or advance in the workforce; and WHEREAS, the City of Shoreline supports and encourages increased training and utilization of women and minorities in the trades; and WHEREAS, actions by the Washington State Apprenticeship and Training Council have made apprenticeships more widely available in the construction industry, and their program goals to attract women and minorities into their approved apprenticeship programs will provide greater opportunities for these workers on City public works projects; and WHEREAS, requiring participation in apprenticeship programs will provide retraining and job opportunities for community members who have been laid off and will promote a viable workforce in the construction trades into the future; and WHEREAS, the use of apprentices enrolled in an apprenticeship program approved by the Washington State Apprenticeship and Training Council ensures proper training and compliance with employment and wage regulation; and WHEREAS, the City is committed to using training that is accepted industry -wide so that the resulting journey workers can enter the region's pool of skilled labor, fully qualified for the jobs throughout the industry; and WHEREAS, the City is committed to promoting the use of apprentices; and 1 OINNIONO WHEREAS, the City of Shoreline is committed to providing regional leadership in the area of economic development; now, therefore, THE CITY COUNCIL OF THE CITY OF SHORELINE, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Amendment. Shoreline Municipal Code section 2.60.060 Public works projects is amended to as follows: .060 Public works projects. [A -E unchanged] F. Formal Competitive Bid. 1. For public works not using a small works roster, the formal competitive bid process of SMC 2.60.050(D)(2) through (6) shall be used provided, the city manager may award contracts of less than the dollar threshold for small works as provided under RCW 39.04.155. 2. All contracts with an estimated cost in excess of one million dollars shall require that no less than fifteen percent of the labor hours performed by workers subject to prevailing wages employed by the contractor or its subcontractors be performed by apprentices enrolled in an apprenticeship training program approved or recognized by the Washington State Apprenticeship and Training Council. Contractor prevailing wage documentation shall be supplemented to monitor compliance with this requirement throughout the contract. The Public Works Director may waive the requirements for apprentices in bid documents under subsections Ca) through (c) or reduce the apprenticeship hours during the contract under subsections (d) and (e) below: a. The apprenticeship requirement conflicts with state or federal funding conditions, or the conditions of any other grant or funding program; b. An insufficient number of apprentices are available to meet the contract requirements; c. The project involves a high proportion of equipment and materials costs compared to the anticipated labor hour; d. The contractor has demonstrated that it has utilized its "best efforts" to meet the established percentage requirement, but remains unable to fulfill the goal; or 2 ORIGINAL e. In order to meet the requirement, the contractor will be forced to displace members of its workforce. A contractor or subcontractor failing to comply with apprenticeship requirements of this section shall not be considered a responsible bidder on city public works projects for a period of two years from final acceptance of the contract in which noncompliance occurred. Section 2. Effective Date and Publication. A summary of this ordinance consisting of the title shall be published in the official newspaper and the ordinance shall take effect 30 days after publication. PASSED BY THE CITY COUNCIL ON DECEMBER 13, 2010. ATTEST: Ronal Deputy City Clerk Date of Publication: December 13, 2010 Effective Date: January 15, 2011 Ma or Keith McG1 APPROVED AS TO FORM: Ian Sievers City Attorney 3 CITY OF TUKWILA, WASHINGTON RESOLUTION NO. " " ?' A RESOLUTION OF THE CITY OF TUKWILA, WASHINGTON, PROMOTING THE USE OF APPRENTICES IN PUBLIC WORKS PROJECTS OVER $1- MILLION DOLLARS AND DIRECTING THE CITY ADMINISTRATION TO DEVELOP IMPLEMENTING APPRENTICESHIP GUIDELINES. WHEREAS, a highly skilled workforce is essential for enhancing economic growth and the continued prosperity of workers; and, WHEREAS, apprenticeship is a proven, highly- effective training model, providing consistent wage progression to family wage careers; and WHEREAS, shortages of skilled construction workers limit job growth and affect our economic. This "skill gap" problem will continue to grow, due to the large numbers of skilled worker retirements and increased construction activity; and WHEREAS, the responsibility to train the next generation of skilled workers rests with both the public and private sectors; and WHEREAS, the City of Tukwila is committed to working in partnership with labor and business to create a skilled workforce that reflects the diversity of our population and promotes community development; and WHEREAS, recent actions of the Washington State Apprenticeship and Training Council ( WSATC) have made apprenticeships more widely available in the construction industry; and WHEREAS, growing participation in apprenticeship programs today will ensure a viable workforce in the construction trade industry tomorrow; and WHEREAS, the City Council finds that it would be in the best interests of the public health, safety and welfare for the City to implement an apprenticeship utilization goal in qualifying public works construction contracts; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DOES RESOLVE AS FOLLOWS: Section 1. Apprenticeship Utilization Goal. The City of Tukwila shall require good faith efforts from contractors to use WSATC- registered apprentices as follows: A. Levels of Apprenticeship utilization shall be: 1. 15 percent (15 %) of the total labor hours for all qualified City construction contracts over $1- million dollars that are awarded on or after January 1, 2014. The contractor shall provide quarterly reports, as well as a final report, indicating the total labor hours and the apprenticeship hours utilized by the contractor and all subcontractors on the project. 2. These requirements may be modified by the City Administration for a specific project for the following reasons: a. a lack of availability of qualified apprentices; b. a disproportionately high ratio of material costs to labor hours, which does not make feasible the required minimum level of apprentice participation; c. participating contractors have demonstrated a good faith effort to comply with the requirements of this resolution; d. where utilization conflicts with federal requirements; e. other criteria deemed appropriate. Section 2. Apprenticeship Utilization Guidelines. The City Administration is hereby directed to develop for council approval apprenticeship utilization guidelines for the purpose of implementing the apprenticeship utilization goal and policy as established in Section 1 herein. ADOPTED BY THE CITY COUNCIL OF THE CITY OF BURIEN, WASHINGTON, AT A REGULAR MEETING THEREOF, THIS ? ?? DAY OF OCTOBER, 2013. CITY OF Tukwila /s/ Jim Haggerton, Mayor ATTEST /AUTHENTICATED: /s/ Christy O'Flaherty, City Clerk Approved as to form: /s/ Christopher D. Bacha, Interim City Attorney Filed with the City Clerk: October ? ?, 2013 Passed by the City Council: October ? ?, 2013 Resolution No. ? ?? Community Workforce Agreements As the nation ramps up its investments in construction, public project funders should seek to both rely on a high - quality workforce and create economic benefits for local residents. Community Workforce Agreements are a critical tool for ensuring that major construction projects create opportunities for local residents and disadvantaged workers. Community Workforce Agreements may involve the hiring of local area residents and more aggressive apprentice utilization levels. These agreements can also include Helmets -to- Hardhats provisions to promote the entry of veterans into the construction industry; employment and career opportunities for economically disadvantaged populations; and /or preferential hiring of women and minorities. The name Community Workforce Agreement is sometimes used interchangeably with "project labor agreement," "community benefits agreements," or "construction career initiative." These names and their forms may differ, but the underlying concept remains the same: By establishing mutual benefits, the CWA is a social compact for creating and developing bridges between communities and the apprenticeship programs that provide pathways to career opportunities. TARGETED HIRING Targeted hiring defines specific populations (e.g., women, residents of a particular zip code, ex- offenders) the project workforce should include. Specific percentages of the workforce or labor hours are set for these groups. Similar targets can be set for contractors, ensuring that minority -owned and female -owned firms receive work from the project. The agreements also often define the percentage of first - period apprentices (those in their first six months) to be employed on the project. This ensures that jobs are available for apprentices, for whom on-the-job training is a key component of their learning and advancement. FIRST SOURCE Community -based organizations that offer job training can benefit greatly from being identified as "first source" partners for hiring agreements. In these cases, graduates of a CBO's programs get priority over other job applicants. More stringent requirements can set the percentage or number of workers who must be selected from a list of graduates of specific local workforce development partners. Training programs may secure priority commitments based on a history of trust in the community and among union partners. A number of local organizations have received first - source designations in Seattle, Milwaukee, Los Angeles, and other cities. For example, CWAs increasingly include YouthBuild programs.' This has emerged in part because YouthBuild USA is a national partner with the Building and Construction Trades Department and is beginning to use the BCTD's Multi -Craft Core Curriculum, an innovative curriculum that provides a gateway for workforce training graduates into joint labor- management, industry- registered apprenticeships.2 EMPLOYER TRAINING CWAs can expand the inclusion not only of historically excluded workers but also of contractors that may lack experience bidding on large projects. This approach recognizes that emerging firms need the same type of support that training programs provide to participants who are seeking employment on a CWA project. One strategy is to require every employer who plans to bid on the project to attend a "bidders' conference" before the deadline for submitting proposals. This has been an effective tool in expanding the amount of work contracted to small businesses and minority -owned and female -owned companies. The conference is a form of technical assistance that strengthens and supports these firms by providing critical business information that they may not otherwise be able to identify with their limited resources. The Los Angeles Unified School District has developed an excellent version of this strategy. Employers must attend a six -week Small Business Enterprise boot camp before bidding on a contract. The camp provides a foundational understanding of bonding capacity, certified payrolls, trust documents, and compliance with the rules and regulations of the CWA.3 ENFORCEMENT Community Workforce Agreements are particularly useful for improving the access of women, minorities, and low- income residents to jobs and labor- management apprenticeship programs: They are not only legally binding but they also can include enforcement mechanisms to ensure contractor compliance. For example, CWAs for publicly funded projects can specify financial penalties for contractors that fail to meet agreed -upon goals. Another enforcement mechanism is to carry compliance forward positively as bonus points awarded to contractors on future public bids. In the private sector, the project owner can set and enforce compliance mechanisms. An emerging national trend is to increase the monitoring and enforcement of penalties on these agreements, with CWA clauses defining the makeup and roles of oversight committees responsible for ensuring that contractors meet the specified terms. Increasingly, these oversight committees include community groups. Because the composition of these committees is subject to local negotiation and varies across agreements, an organization interested in becoming part of an oversight committee should engage in the CWA planning process early, well before roles and agreement language are finalized. 2 1 In YouthBuild programs, low- income young people ages 16 to 24 work full time for 6 to 24 months toward their GEDs or high school diplomas while learning job skills by building affordable housing in their communities. There are 273 YouthBuild programs in 46 states, Washington, DC, and the Virgin Islands, engaging about 10,000 young adults per year For more information, seer https: / /youthbuild.org. 2 For more information on the Multi -Craft Core Curriculum, see Tommy Burress, Tom Gannon, & Ragini Kapadia, 2011. Community -Based Organizations and Union Apprenticeship Programs. Boston, MA: Jobs for the Future. 3 For more information about the Los Angeles Unified School District's Small Business Enterprise boot camp, see: www.laschools.org /new- site /small- business. ### What is Apprenticeship Apprenticeship is recognized as one of the oldest established methods of training. It is a process where individuals earn while they learn to become highly skilled workers. Apprenticeship is a combination of on-the-job training and related classroom instruction in which workers learn the practical and theoretical aspects of a highly skilled occupation. Joint employer and labor groups, individual employers and/or employer associations sponsor apprenticeship programs. In the United States today, some 40,000 program sponsors offer registered apprenticeship training to approximately 325,000 apprentices. These programs serve a diverse population including dislocated workers, minorities, and women. Currently, at least twothirds of all apprenticeship training positions are in the construction and manufacturing industries. Washington has over 300 apprenticeable occupations. The bulk of our state's apprentices (over 79 %) are in occupations in the building and construction trades. How is Apprenticeship Funded - Return on Investment The funding of apprenticeship has always been the least understood aspect of the program. In most cases apprenticeship programs are funded and operated by employer and labor /management committees. Program sponsors pay the majority of all the training costs. Registered apprenticeship programs range from one to six years in length. This translates to an "industry scholarship" worth $40,000 - $100,000. The training program is determined by industry needs, thereby producing workers with skills that are in high demand. The government does not fund the training of apprentices. Apprentices receive reduced tuition from the community and technical colleges while in training. The government does have a critical role to play in our national apprenticeship system. The National Apprenticeship Act of 1937 authorizes the federal government, in 3 I P a cooperation with the states, to oversee the nation's apprenticeship system. The Apprenticeship Training and Employer Labor Services (ATELS) division within the U.S. Department of Labor has the responsibility along with the State Apprentice Councils to register apprenticeship programs that meet federal and state standards, issue Certificates of Completion, encourage the development of new programs through marketing and technical assistance, protect the safety and welfare of apprentices, and ensure that all training programs that provide training meet or exceed the standards of that industry. The federal government currently spends approximately $16 million a year to administer and oversee the system. Washington state's apprenticeship system is governed by a State Apprenticeship Council (SAC). Washington spends approximately $1 million a year to administer and oversee our state apprenticeship system. The total public investment nationwide amounts to approximately $36 million, about $110 per apprentice. Apprentices pay taxes, and it is estimated that for every $1 the government invests in apprenticeship it yields more than $50 in revenue. If the 350,000 apprentices nationwide earned an average annual income of $15,000, it would generate nearly $1 billion in federal revenues. Nationwide, apprenticeship outperforms any other type of government sponsored job - training program. According to the Workforce Training Board's Workforce Training Results of 2002, this is also true here in Washington. 4I http : / /www.cityofvancouver.us /fms /page /apprenticeship - program -0 Home » Financial and Management Services Home » Procurement Services Apprenticeship Program Apprenticeship Utilization on Public Works Construction Projects The City of Vancouver 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. Policy From September 15, 2004, and thereafter for all public works construction projects estimated to cost $500,000 dollars or more, all specifications will encourage Contractors to use up to fifteen percent of their labor hours to be performed by apprentices enrolled in an approved apprenticeship training program. The minimum utilization requirement will be determined by the City on a per project basis. The City will encourage Contractors to reach the maximum goal by offering $3.00 /labor hour actually performed by apprentices up to the maximum goal. These goals shall include the labor hours of the prime and any subcontractor's working the project. Training programs shall be certified by the Washington State Department of Labor & Industries (L &I), the Oregon Bureau of Labor and Industries (BOLI), and /or the U.S. Department of Labor - Bureau of Apprenticeship Training (BAT). The City may adjust the goal if it finds that there is a demonstrated lack of ability to obtain apprentices in specific geographic areas or fields; or, a disproportionately high ratio of material costs to labor hours, which does not make feasible the required minimum levels of apprentice participation. The City is committed to expending public funds in a manner that benefits the entire community and has an obligation to ensure that City- funded projects offer equal opportunity in employment. The Contractor shall make every effort to enroll minority groups and women trainees in their apprenticeship program. This training provision is not intended and shall not be used to discriminate against any applicant for training. The City of Vancouver will include an Apprenticeship Utilization Form for the Prime Contractor to complete when submitting their bid documents which identifies the intended usage of apprentices. Before final payment, the Prime Contractor will be required to file an Apprenticeship Verification Form with the City that will identify actual work performed by apprentices. If the Contractor does not meet the minimum established utilization requirement, they will receive a penalty of 1 On for eac et labor hour. For more inform Lion on apprenticeship programs, you can visit the Washington State Depart +t of Labor & Industries w site. http: / /www.lni.wa.gov /TradesLicensing /Apprenticeship /default.asp 511 City of Seattle http: / /www.seattle.gov /contracting /apprentice.htm/ City Purchasing and Contracting Services Apprenticeship The Department of Finance and Administrative Services, City Purchasing and Contracting Services administers apprenticeship requirements on public works contracts. The City has determined that there is a need for increased training and apprenticeship opportunities in the construction industry and that a diverse and well- trained workforce is critical to the economy as well as the social vitality of the region. As required by the provisions of Chapter 49.04 RCW, Chapter 296.05 WAC, and SMC 20.38.005 the City requires the use of apprentice labor on construction projects estimated to cost $1 million or greater. To meet this requirement, contractors must ensure that up to 15% of the total contract labor hours are worked by apprentices enrolled in an apprenticeship program approved or recognized by the Washington State Apprenticeship and Training Council (SATC). Contract Requirements Apprenticeship utilization and reporting requirements are incorporated into the general provisions of the construction contracts and are monitored by CPCS. The Apprentice Utilization Plan, outlining how the requirements will be met, must be submitted at the pre - construction meeting, with revisions submitted as necessary throughout the life of the project. Quarterly EEO /Apprentice Utilization Forms must be submitted quarterly and at the end of the project. CPCS may provide assistance in directing the contractor to available resources for hiring apprentices. Apprentices who are not currently registered in a state - approved apprenticeship program will not be counted toward satisfying this contract requirement. Resources Forms • Apprenticeship Plan • Apprenticeship Report Legislation & Rules • RCW 49.04 • WAC 296.05.303 • SMC 20.38.005 Other Resource • Apprenticeship Programs in WA state • Apprentice Lookup • Apprenticeship Opportunities Project Contact Us For questions or more information regarding apprenticeship, contact the City Purchasing and Contracting Services. Phone: 206 - 684 -0444 6 ##### City of Hoquiam - HMC 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. 7 Paq (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). 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. # ## 9 The City of Tukwila is committed to increasing participation of Disadvantaged Business Enterprises and Women and Minority Business Enterprises (DBE /WMBE) in contracts for the City. Providing opportunities to disadvantaged businesses is an important priority of the 1 Project. The City of Tukwila and its contractor, , aim to award eight percent of work associated with the tunnel design -build contract to disadvantaged business enterprises (DBE). # ## Whereas, the City is committed to an economy that puts people back to work and provides new employment opportunities to disadvantaged communities; and Whereas, the City recognizes that well- trained workers earning decent wages and benefits produce quality work as they contribute to the good of the community; and # ## Whereas, the City supports creating contracting, subcontracting, training and employment policies that will strive to: • Provide pathways to prosperity for all workers; • Offer family - supporting wages that lead to a lasting career - track; • Involve stakeholders and community members in developing and enacting policies and processes; • Drive accountability and continuously evaluate performance towards goals; and # ## ... goals, which will be advanced through the standards and program elements set forth in this Agreement: A. Maintain sustainability and consistency of job and sector growth and investment; B. Keep the program simple and predictable, especially for Contractors; C. Maintain balance between creating jobs for entry -level Targeted Workers and for the existing skilled workforce, so that at least 33% of technical work hours are performed by Targeted Workers; D. Achieve business participation rates of: 80 -100% Small Business participation, at least 30% Minority -owned Business participation; at least 10% Women -owned Business 10 participation; and close to 100% Local Business participation; and increase opportunities for employee-owned and Veteran-owned Businesses; E. Ensure that Contractors provide high-quality work; F. Ensure that program jobs lead to Career Pathways; and G. Ensure that program jobs pay a family-supporting wage. Definitions. A. Auditor means an individual or business retained to perform an inspection of a home, conduct diagnostic tests, generate a report containing recommendations, and possibly to evaluate performance after work is complete; and not to perform or direct the performance of work. B. Barriers to Employment means homelessness; being a custodial single parent; receiving public assistance; lacking a GED or high school diploma; having a criminal record or other involvement with the criminal justice system; or being historically disenfranchised or disadvantaged by previous policies and practices and as a result being disproportionately represented in dropout rate, unemployment, lack of business ownership and criminal justice systems. C. Career Pathway means a stepwise progression in training, skill and compensation in a particular field that allows lower skilled workers to achieve self- sufficiency and long -term sustainability within that field. Adequate and clear articulation of training, as well as clear opportunities to advance, are critical to successful pathways. D. Contractor means an individual or business that enters into a contract (aka, the prime contractor, or general contractor) to perform work under the City's programs, and that is not an Auditor. E. Crew Chief means a supervisory worker with credentials and responsibilities as determined by the City Administration. F. Entry -level Worker means an individual who has less than one year's experience working on similar project work and is working at the beginning level under a crew -lead or crew chief. G. Key Staff means leadership positions within the company, including supervisors, managers, and /or owners. H. Local Business means a business whose primary operations are located within King, Pierce or Snohomish Counties. I. Low - Income Individual means an individual living at or below 200% of Federal Poverty Level. J. Low - Income Neighborhood means a neighborhood where 51 percent or more of resident households have incomes which are less than or equal to 80 percent of area median income (based on Census tract or other identified source). K. Minority -owned Business means a business that is at least fifty -one percent owned by minority (including, but not limited to, African Americans, Native Americans, Asians, and Hispanics) group members. L. New Entry Level Hire means an Entry Level Worker that has not worked for the hiring Contractor in the last twelve months. M. Similar Job means a project completed as a licensed Contractor, and that required one or more skills that comprise major components of the current project N. Small business means a business that employs less than fifty individuals. 0. Subcontractor means an individual or business that enters into a contract with a Contractor to assist in performance of work under the City. P. Targeted Worker has the meaning set forth in Section V.B., below. 12 Q. Woman -owned Business means a business that is at least fifty -one percent owned by women. R. Workplace Laws mean state and federal laws and regulations regarding workplace conditions and employment relationships, including the Occupational Safety and Health Act (OSHA) and wage and hour laws. S. Veteran -owned business means a business that is at least fifty -one percent owned by veterans. Contractor Standards. A. Contractor Pool. The following standards will be implemented by the City's maintenance of a pool of Contractors prequalified to participate in programs. This system is essential to the City's programs. The system involves the following: 1. Contractors apply to become part of Contractor Pool; 2. In the application process, Contractors demonstrate that they meet Minimum Standards in order to be admitted (minimum standards are described below); 3. Contractors are awarded points in the application process for different attributes and commitments (described below); 4. The City admits Contractors to the pool who satisfy the minimum standards and also attain a certain number of application points; and 5. Contractors must comply with established program requirements in order to stay in the pool. B. Minimum Standards. In order to be admitted to the Contractor Pool, each Contractor must: 1. Be licensed and bonded and meet other applicable Washington State requirements; 2. Agree to comply with the hiring standard described in Section III, below; 3. Demonstrate that Key Staff performing work in the company possess industry certification or comparable certification (as determined by the City), and agree to ensure that each Subcontractor's Key Staff will possess such certification for work performed by that Subcontractor; 4. Demonstrate as part of application that it has successfully performed at least two Similar Jobs (Staff experience with Similar Jobs may qualify under standards to be determined by the City); 5. Demonstrate that it is has not had excessive violations of Workplace Laws in the past three years, nor been debarred from bidding on public contracts by any jurisdiction in the past three years; 6. Agree to perform complete warranty service on all programs and projects, for a period of one year from completion of each project. 7. Agree that for all program work it will pay wages and provide or pay for training as follows and as detailed in Wage and Training Requirements, Section C, below, and require Subcontractors to do the same. a. Payment of Davis -Bacon wages is not currently required for this project by the federal government, nor are Washington State prevailing wages required for this 13I r program. Rather, the wage standards will be adopted voluntarily by the City in operation of its projects. b. The program will develop enforcement mechanisms for this standard that are efficient, non - burdensome, and effective. c. As with standard prevailing wage systems, Contractors may either provide specified employee benefits or pay an increased wage if benefits are not provided. C. Wage and Training Requirements 1. Base Pay Rate: Employees performing weatherization work not fitting into one of the categories described below must be paid at least $21.50 per hour plus $2.50 per hour in benefits or additional wages. 2. Exception for Entry -level Workers that are not enrolled in State - registered Apprenticeship Programs. a. Entry -level Workers who are graduates of Qualified Training Programs and who are not enrolled in State - registered apprenticeship programs must be paid at least $15.50 per hour, plus $2.50 per hour in benefits or additional wages. b. No individual can be compensated under subsection 2.a for more than one year's worth of work for one or more Contractors that are in the program's Contractor Pool. c. A Contractor compensating an Entry -level Worker under subsection 2.a. must pay for or provide at least 80 hours of classroom training to that worker during the first year of employment of that worker. The City will determine standards for training to meet this requirement. 3. Exception for Workers Enrolled in State - registered Apprenticeship Programs a. Workers who are enrolled in state - registered apprenticeship programs may be paid at rates specified by the state - registered program. b. Workers who are enrolled in state - registered apprenticeship programs shall receive employer - funded training as specified by the program. 4. Higher Pay Rates for Specialized Work. a. Certain types of work required are highly specialized and require particular licensing and training. For these specialized types of work, Contractors shall pay wage and benefits level specified in Washington State prevailing wage laws. b. The City will list and circulate to Contractors the specific, specialized tasks that trigger the wage requirements described in Subsection 4.a. above, and the corresponding minimum pay rates and licensing requirements. b. As these 14 requirements are imposed by the City through this program, rather than through state law, the Washington State Department of Labor and Industries will not be involved in enforcing these requirements or resolving jurisdictional disputes. Enforcement and specifics of wage requirements will be established by the City. D. Points in Application Process. The point system should be used in three ways: 1) to set a reasonably high -bar for entry into the pool of qualified Contractors; 2) to create a diverse pool of Contractors that bring different strengths to meeting the different high -road goals of the program; and 3) to provide consumers with information about the Contractors beyond their essential qualifications. Contractors applying to the qualified Contractor Pool will get additional points in the application process for the following factors (exact standards for achieving extra points, and the amounts of extra points, will be determined by the City): 1. being Local Businesses; 2. being Small Businesses; 3. being Minority -owned Businesses; 4. being Women -owned Businesses; 5. being Veteran -owned Businesses; 6. being an employee -owned cooperative business; 7. being a nonprofit corporation or social enterprise; 8. quality- assurance certifications beyond the program minimums, including employing a certified workforce and other quality indicators ; 9. demonstrating substantial subcontracting relationships with Minority -, or Women -owned Businesses that will be utilized in work performed under this program; 10. demonstrating a history of employing Targeted Workers (Targeted Workers as defined in Section IV, below), especially Targeted Workers drawn from community -based job training programs; 11. demonstrating that they provide continuing education to all employees; 12. demonstrating utilization of state registered apprentices; 13. providing specified benefits to employees, with additional points awarded for each of the following: a. Provision of fully - employer paid health insurance to employees b. Provision of dental and vision insurance to employees c. Provision of health insurance for workers' families d. Provision of pension benefits for employees; 14. demonstrating a track record of quality performance of previous similar work. E. City Outreach and Technical Assistance. The City will conduct outreach and provide technical assistance to targeted businesses listed above, and historically underrepresented 15 1 business entities in an effort to increase their participation in the program. In addition the City will develop financial and other support mechanisms for participating Contractors. IV. Hiring Standard. A. Hiring From Qualified Training Programs. Program goals related to employing Targeted Workers can best be advanced by ensuring that Contractors are drawing new workers from designated, Qualified Training Programs, and ensuring that these training programs are training and graduating Targeted Workers. This allows the program to advance targeted hiring goals and also ensure quality job training for Targeted Workers. B. Hiring Standard. Each Contractor must ensure that 100% of New Entry -Level Hires are graduates of Qualified Training Programs. Training programs are designated as qualified by the City as described in Section V, below. Qualified Training Programs can be a component of a state- registered apprenticeship programs or other training programs, as long as they meet training program standards. The City will consider how this standard could apply to Subcontractors and ensure that participating Subcontractors are aware of opportunities to hire from Qualified Training Programs. C. Hiring & Retention Standard. The City will develop standards and practices to ensure the hiring and retention of Targeted Workers in accordance with the goals of this Agreement. V. Training Program Standards. A. Qualified Training Programs. In order to be designated by the City as qualified for this program, a training program must: 1. Agree to take all available steps within the program's admissions requirements to recruit and support progress of Targeted Workers, with a goal of having Targeted Workers as at least 50% of the program are Tukwila area graduates. 2. Provide weatherization technician training that meets competencies set by the City program and includes an appropriate level of "job readiness" training. 3. Have defined partnerships with pre- apprenticeship programs or community organizations that provide wrap - around services, including case management and . assistance with access to housing and transportation (including re- licensure), aimed at providing Targeted Workers the background to maximize chance of success in vocational training and construction careers. These partnerships should be set forth in writing; should require the pre- apprenticeship programs or community organizations to perform the primary recruitment and outreach services for program applicants; and should require that recruitment and outreach services be focused primarily on Targeted Workers. 4. Ensure that all graduates pass an approved test of industry competencies until an appropriate national test is identified. 5. Provide training that includes health & safety, including lead safety and OSHA 10 for participants who lack experience in these areas. 6. Ensure that the program charges no fee or a modest fee (comparable to course fees for community colleges) to Targeted Workers. 16 7. Offer or refer participants to programs that offer mentoring, follow -up monitoring and /or other support to assure retention of participants in the program and in weatherization and /or construction careers. 8. Offer the possibility of continued skill development along an education /training pathway in which skill sets build upon each other in a sequentially - ordered career pathway, and technical content that aligns with third - party, industry specific certifications. These standards will apply to both apprenticeship programs and other training programs. The City will work to develop criteria and qualifications for training programs that meet the standards, and to release a Request for Qualifications from programs wishing to be designated as Qualified Training Programs, and to review responses from potential programs. The City Administration regarding which programs should be designated as Qualified Training Programs. Standards will be reviewed and adapted over time. B. Definition of Targeted Workers. For purposes of the program, "Targeted Workers" shall mean any of the following: 1. Low - income Individuals; 2. veterans and current members of the National Guard and Reservists; 3. individuals with Barriers to Employment. The City will consider how to target employment opportunities to Targeted Workers. VI. Audit program standards. The City will develop standards for the audit program. These will include quality assurance, training requirements, and other high -road standards. A. B. Definition of Targeted Workers. For purposes of the program, "Targeted Workers" shall mean any of the following: 1. Low- income Individuals; 2. veterans and current members of the National Guard and Reservists; 3. individuals with Barriers to Employment. The City Administration will consider how to target employment opportunities to Targeted Workers. VI. Audit program standards. The City will develop standards for the audit program. These will include quality assurance, training requirements, and other high -road standards. VII. Accountability. A. Evaluation and Implementation. In order to promote achievement of goals for this program, the City will in implementation of the program and this Agreement. The City staff will for program implementation. 171;