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ORD 18-855 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