§ 320-5. Apprenticeship Requirements.

Where not otherwise prohibited by or in conflict with federal, state or local law or the terms of federal or state grants applicable to the construction contract, each bidder shall certify that:

(a)

For the duration of the project, the bidder will maintain or participate in an apprenticeship program for the primary apprenticeable occupation on the project; and

(b)

For the duration of the project, the bidder's subcontractor(s) who perform work in the primary apprenticeable occupation for the project will maintain or participate in an apprenticeship program for that primary apprenticeable occupation

(c)

Subsection (b) shall not apply to a subcontractor whose subcontract is less than $350,000.00, including labor and materials, at the time the subcontract is executed and that is any of the following:

(1)

A small business enterprise or a small or emerging local business enterprise certified by the city as set forth in CMC Chapter 323; or

(2)

A minority business enterprise or women business enterprise certified by the city as set forth in CMC Chapter 324.

Prior to the city's executing a construction contract, the director shall require the bidder to produce documentation relating to the requirements of subsection (a) above. Such documentation shall include the following information regarding the apprenticeship program the bidder plans to maintain or participate in during the project: the occupation code, apprentice identification number, and indenture date for at least one apprentice that has graduated from the apprenticeship program for each of the past five (5) years. Such documentation shall be in a form as provided by the applicable registration entity. The bidder shall supply the same documentation described above for the bidder's subcontractor(s) under subsection (b) of this section, as soon as practicable after the bidder has identified the subcontractor(s) for the project and prior to the subcontractor(s) beginning work on the project. If the bidder requests an exemption for a subcontractor under subsection (c), the bidder must supply documentation that shows that the value of the executed subcontract with that subcontractor is under $350,000.00 and that the subcontractor is a small business enterprise or a small or emerging local business enterprise certified by the city as set forth in CMC Chapter 323 or a minority business enterprise or women business enterprise certified by the city as set forth in CMC Chapter 324. If requested, the bidder shall also provide documentation supporting the bidder's determination of the primary apprenticeable occupation.

A construction contract shall not be executed with a bidder who fails to make the certifications and/or provide the documentation required by this section. Failure of a contractor to comply with the requirements of this section during the performance of the construction contract shall constitute a material breach and may subject the contractor to all remedies available to the city at law, including, but not limited to, disqualification of the contractor from bidding on current or future contracts, suspension of payments to the contractor under the construction contract, and termination of the construction contract for cause.

(Ordained by Ord. No. 282-2012, § 1, eff. July 26, 2012; a. Ord. No. 114-2013, § 1, eff. June 1, 2013; Emer. Ord. No. 055-2018, § 3, eff. March 21, 2018)