SAMPLE SPECIFICATION LANGUAGE FOR PUBLIC AGENCIES IN RESPONSE TO

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OFFICE OF EDUCATIONAL OUTREACH COLLEGE OF EDUCATION SAMPLE
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Apprenticeship Utilization Requirements

Sample Specification Language for Public Agencies

in Response to the Apprenticeship Utilization Requirements

of RCW 39.04.320



Apprentice Utilization Requirements: The Contractor shall ensure that at least ______% of the total labor hours utilized on the project are performed by apprentices registered with the Washington State Apprenticeship and Training Council.


  1. Total labor hours include additional hours worked as a result of change orders. Total labor hours exclude hours worked by foremen, superintendents, supervisors, owners, and workers who are not subject to prevailing wage requirements. However, total labor hours shall include the hours worked by supervisors, foremen, and superintendents if it is determined they are subject to prevailing wage requirements pursuant to Washington Administrative Code (WAC) 296-127-015.


  1. Total labor hours includes all hours worked by the Contractor and all subcontractors on the Project. The Contractor shall meet or exceed the apprentice utilization requirements of the Contract Documents on all labor hours on the Project.


  1. The Contractor shall include the apprentice utilization requirements above in all subcontracts executed for the Project.


  1. If, during the term of the Contract, the Contractor determines that it will be unable to meet the percentage utilization requirement above, the Contractor may make a written request to the Owner to reduce the required percentage. The request shall include documentation of:


    1. The Contractor’s good faith efforts to use registered apprentices; and/or

    2. The lack of availability of registered apprentices; and/or

    3. A disproportionately high ratio of material costs to labor hours, which makes infeasible the required minimum level of apprentice participation.


  1. The Owner shall evaluate the request, and if appropriate, a change order shall be prepared by the Owner reducing the utilization requirement.


  1. With its monthly Application for Payment, the Contractor shall submit the Apprentice and Journey Level Worker Utilization Report on the form provided by the Owner.

Michael E. Purdy Associates

www.mpurdy.com

This sample language does not represent legal advice and public agencies should consult appropriate legal counsel before using it in specifications



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