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A. Definitions. The following definitions apply throughout this section:

1. “Apprentice” means an apprentice enrolled in an apprenticeship program approved or recognized by the Washington State Apprenticeship and Training Council.

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. “Estimated cost” means the anticipated cost of a public work, as determined by the city under BCC 4.28.090, based on the expected costs of materials, supplies, equipment, and labor, but excluding taxes and contingency funds.

4. “Labor hours” means 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.

5. “Public work” means a project that constitutes a public work under RCW 39.04.010, as now enacted or hereafter amended, that is part of a contract awarded by the city.

6. “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. Apprenticeship Utilization.

1. As of the effective date of this section, unless reduced or waived under subsection (B)(2) of this section, public works contracts with an estimated cost of $2,000,000 or more shall include a requirement that no less than 15 percent of the labor hours actually worked be performed by apprentices. Public works contracts advertised for bid on or after July 1, 2026, with an estimated cost of $1,500,000 or more shall include a requirement that no less than 15 percent of the labor hours be performed by apprentices. Public works contracts advertised for bid on or after July 1, 2028, with an estimated cost of $1,000,000 or more shall include a requirement that no less than 15 percent of the labor hours be performed by apprentices.

2. The director of finance and asset management may reduce or waive the apprenticeship utilization hours required in subsection (B)(1) of this section for a specific project at any time for any of the following reasons:

a. The demonstrated lack of availability of apprentices to meet the requirement;

b. A disproportionately high ratio of material costs to labor hours, which does not make feasible the required minimum levels of apprenticeship participation;

c. The contractor has demonstrated a good faith effort to comply with the requirements of this section, but remains unable to fulfill it;

d. The requirement conflicts with state or federal funding conditions, or the conditions of any other grant or funding program;

e. In order to meet the requirement, the contractor will be forced to displace members of its workforce;

f. An emergency or threatened emergency exists, as determined pursuant to BCC 4.28.130(A)(7); and/or

g. Other criteria deemed appropriate by the director of finance and asset management consistent with RCW 39.04.320(2), as now enacted or hereafter amended, and not inconsistent with the purpose and goals of this section.

3. The provisions of this subsection are intended to impose a requirement on contractors awarded certain public works contracts. These provisions are not intended to create a legal duty on the city or its officers or employees. These provisions are not intended to confer on any third party a cause of action or claim for relief against the city or its officers or employees, and these provisions shall not be used as a basis for a lawsuit challenging the award of any contract by the city.

C. Administration and Monitoring.

1. The director of finance and asset management shall administer this section and shall have the authority to promulgate procedures to implement and enforce this section. These procedures shall include, but are not limited to: (a) monitoring contractor compliance with apprenticeship utilization requirements over the course of a project and discussing remedial actions with any contractor not on track to comply; (b) annual reporting to the city council on the outcomes of the public works apprentice requirement; and (c) establishing and maintaining contract specification language to implement the apprenticeship requirements.

2. By entering into a public works contract, all contractors subject to this section agree to submit, and to ensure their subcontractors submit, to the city all documents, reports and other information relevant to the city’s implementation and enforcement of this section.

D. This section does not apply to contracts advertised for bid prior to the effective date of this section. (Ord. 6741 § 1, 2023.)