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Apprentice Utilization Requirement
OSPI now requires that school districts certify compliance with the Apprentice Utilization Requirements prior to releasing retainage. This is required on the D-11 Form.
State law
HB 1898 requires that all school district public works contracts include language stating that a portion of the labor hours on the contract be performed by registered apprentices in state-approved apprenticeship programs. This apprentice utilization requirement creates training opportunities that will assure a skilled workforce will be able to construct public works contracts in the future, especially as many in the current workforce move toward retirement.
The law allows for a phase-in of the requirement over a two-year period:
| Advertisement Date |
Estimated Cost |
Apprentice Requirement |
| January 1, 2008 – December 31, 2008 |
$3 M or greater |
No less than 10% |
| January 1, 2009 – December 31, 2009 |
$2 M or greater |
No less than 12% |
| January 1, 2010 – Forward |
$1 M or greater |
No less than 15% |
Note:
RCW 39.04.320 Section (c)(i) does not apply to contracts advertised for
bid before January 1, 2008, for any public works by a school district, or to any
project funded in whole or in part by bond issues approved before July 1, 2007.
The legislation requires the Washington State Department of General
Administration to collect the following data from school districts for the
purpose of reporting the data to requesting agencies:
- Contractor name and address
- Contract number
- Project name
- Contract value
- The date of the contractor’s notice to proceed
- Name and registration number of each apprentice
- Total number of apprentices and labor hours worked by them, categorized by trade or craft.
- Total number of journeymen and labor hours worked by them, categorized by trade or craft.
- Cumulative combined total of apprentice and journeymen labor hours.
- Total percentage of apprentice hours worked
Registered apprentices are only those individuals who are
enrolled in an apprenticeship training program that is approved
by the Washington State Apprenticeship and Training Council. For
more information about apprenticeship, for a list of approved
apprenticeship programs, or to verify whether an individual is a
registered apprentice, visit the
Labor & Industries
Apprenticeship Web site, or call LNI at (360) 902-5320.
- Include correct language in your contract. Apprenticeship utilization
language should be included in all relevant contracts and
advertisements for bids. Examples of this language are included
below.
Advertisement language:
“Mandatory (10/12/15)% apprentice labor hours of the total labor
hours are a requirement of the construction contract. Bidders
may contact the Department of Labor & Industries, Apprenticeship
Section, to obtain information on available apprenticeship
programs.”
Contract language:
“The apprenticeship labor hours required for this project are (10/12/15)% of the total labor hours. The undersigned agrees to utilize this level of apprentice participation. Voluntary workforce diversity goals for this apprentice participation are identified in the Instructions to Bidders and Supplemental Conditions.”
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Track the data. School districts are strongly encouraged to
track data throughout the project. Doing so will ensure the
district and contractor are aware of the utilization percentage
over the life of the project and may allow the school district
take any necessary measures to adjust low performing contracts.
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Submit the data to GA School districts shall submit reports to
General Administration at the conclusion of the project. We
request that the data be submitted within 45 days of the final
construction contract acceptance. Submit information in
electronic format only (emailed Excel spreadsheet – see
attached). Submit to SWR-AE@ga.wa.gov
and to Scott.Black@k12.wa.us.
School districts with affected projects must provide apprentice utilization data for each project. General Administration recommends that contractors be required to submit utilization information to the school districts in regular intervals, such as with each invoice submission.
Questions may be directed to SWR-AE@ga.wa.gov.
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