ORD 18-855 - Relating to Establishment of Apprenticeship Utilization for PW Contracts ORDINANCE NO. 18-855
8 5
AN ORDINANCE of the City of Federal Way, Washington, relating to
the establishment of apprenticeship utilization requirements for public
works contracts of more than $2,000,000; and adding a new chapter to
Title 3 FWRC.
WHEREAS, a well-trained, diverse workforce is critical to the economic and social vitality
of the City of Federal Way and the region as a whole; and
WHEREAS,current workforce population trends,without a concerted effort to offset them,
may lead to an inadequate supply of skilled workers in the construction industry; and
WHEREAS, the City of Federal Way regularly constructs public works projects; and
WHEREAS, the efficient and economical construction of public works projects will be
harmed if there is not an ample supply of trained construction workers; and
WHEREAS,apprenticeship training programs are particularly effective in providing training
and experience to individuals seeking to enter or advance in the workforce; and
WHEREAS,by providinfor apprenticeshiutilization on public works projects,the City of
Federal Way 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;
and
WHEREAS,the City of Federal Way is committed to promoting apprenticeship opportunities
on larger public works projects with ample capacity and schedule to provide apprentice opportunities
for various trades without adversely impacting administration and costs.
Ordinance No. 18-855 Page I of 4
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Title 3 of the Federal Way Revised Code is hereby amended to add a new chapter
3.65 to read as follows:
Chapter 3.65
APPRENTICESHIP UTILIZATION REQUIREMENTS
3.65.010 Apprenticeship utilization requirements
All public works contracts with an estimated cost in excess of two million dollars (herein
referred to as "minimum construction cost") shall require not 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. Unless otherwise waived or reduced pursuant to FWRC
3.65.020, any contractor or subcontractor failing to comply with the 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. The
"minimum construction cost," which shall never be less than two million dollars, shall be
adjusted each calendar year by one hundred percent (100%) of the annual percentage change in
the Consumer Price Index (CPI) for the Seattle-Tacoma-Bellevue Metropolitan Area for the U.S.
City Average Urban Wage Earners and Clerical Workers, all items (Revised Series) (CPI-
W1982-84=100)prepared by the United States Department of Labor, Bureau of Labor Statistics,
or a replacement index for the previous calendar year.
3.65.020 Waivers or reductions
The public works director may waive or reduce the FWRC 3.65.010 requirements as follows:
(1) The apprenticeship requirement conflicts with state or federal funding conditions, or the
conditions of any other grant or funding program;
(2) An insufficient number of apprentices are available to meet the contract requirements;
(3) The project involves a high proportion of equipment and materials costs compared to the
anticipated labor hours;
(4) The contractor has demonstrated a good faith effort to meet the established percentage
requirement, but remains unable to fulfil the goal;
Ordinance No. 18-855 Page 2 of 4
(5) In order to meet the requirement, the contractor will be forced to displace members of its
workforce; or
(6) For other reasons deemed appropriate by the public works director.
Section 2. Severability. Should any section,subsection,paragraph,sentence,clause,or phrase
of this ordinance,or its application to any person or situation,be declared unconstitutional or invalid
for any reason,such decision shall not affect the validity of the remaining portions of this ordinance
or its application to any other person or situation. The City Council of the City of Federal Way
hereby declares that it would have adopted this ordinance and each section, subsection, sentence,
clauses,phrase,or portion thereof,irrespective of the fact that any one or more sections,subsections,
sentences, clauses,phrases, or portions be declared invalid or unconstitutional.
Section 3. 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
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 4. Ratification.Any act consistent with the authority and prior to the effective date of
this ordinance is hereby ratified and affirmed.
Section 5. Effective Date. This ordinance shall take effect and be in force thirty(30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this 6th day of November, 2018.
[signature page follows]
Ordinance No. 18-855 Page 3 of 4
CITY • FEDERAL WAY:
0
"'FERRELL, MAYOR
ATTEST:
41#.1.&i .1 ../. i I
S' ' ANIE COURTNEY, f , CITY CLERK
APPROVED AS TO FORM:
ej'e
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK: 10/10/2018
PASSED BY THE CITY COUNCIL: 11/06/2018
PUBLISHED: 11/09/2018
EFFECTIVE DATE: 12/09/2018
ORDNANCE NO.: 18-855
Ordinance No. 18-855 Page 4 of 4