ATT H APPRENTICESHIP REQUIREMENTS.docx

ATTACHMENT H

APPRENTICESHIP REQUIREMENTS

Contractor has the primary responsibility to ensure the apprenticeship requirements set forth herein are met. Contractor shall ensure that the applicable subcontracts contain the appropriate clauses, obligating Subcontractor to the Apprenticeship goal as applicable; however, this shall not relieve the Contractor of the Contractor's primary responsibility.

I. Apprenticeship Goal Contractor shall employ Apprentices to perform 12 percent of the Work hours that workers in Apprenticeable Occupations perform under this Contract.

Contractor shall also require in each subcontract, with a contract price of $750,000 or more (“Covered Subcontractors”), that the Covered Subcontractor employ Apprentices to perform 12 percent of the Work hours that workers in Apprenticeable Occupations perform under the subcontract.

Contractor or Covered Subcontractor shall use apprentices that the BOLI Apprenticeship & Training Division certifies are registered with the Oregon State Apprenticeship and Training Council in a Registered Apprenticeship Training Program. Contractor shall be an Oregon Bureau of Labor and Industries (BOLI) Registered Training Agent at time of time of contract execution. A Covered Subcontractor must be a BOLI Registered Training Agent unless it will not be performing work in an Apprenticeable Occupation.

Contractor and Covered Subcontractors shall pay an Apprentice for Work on the Project at the hourly rate to which the Apprentice is entitled under the applicable Apprenticeship Agreement or as otherwise specified by the Apprenticeship Training Program.

II. Reporting.

A. Required Forms. Contractor shall submit weekly the BOLI Enhanced W-38 Form to BOLI with a copy to the Agency to report the extent of Contractor’s and Covered Subcontractor’s compliance with these Apprenticeship Requirements. Agency may disclose the reports as provided under ORS 279C.845(6).

At any time, BOLI may change the required form or method to identify, collect, and report the information required under this Subsection II. Contractor is under a continuing obligation to use the most current form required by BOLI for this purpose.

B. Failure to Report. Failure of Contractor to provide reports as described in Subsection A above may result in withholding of payment as provided in ORS 279C.845(7).

C. Obligation to Provide Additional Information. Upon request by Owner, and in a form and schedule specified by Owner, Contractor shall provide the following information:

i. The name of or other identification for this Contract;

ii. The city or county in which the public improvement is located;

iii. A detailed accounting of:

a. The total number of hours of work that workers performed under this Contract and each Covered Subcontract;

b. The total number of hours of work that workers performed in each Apprenticeable trade or craft for this Contract and each subcontract on the public improvement;

c. The total number of hours of work that Apprentices performed under this Contract and each Covered Subcontract; and

d. The total number of hours of work that Apprentices in each trade or craft performed under this Contract and each Covered Subcontract.

iv. The total number of workers who performed construction work and the total numbers of minority individuals, women and veterans who performed construction work under this Contract. A report under this subparagraph must separately list for each worker the worker’s race, ethnicity, gender, veteran status and, as applicable, trade, craft or job category.

D. Final Report. Upon request by Owner prior to Final Completion, Contractor shall provide Owner with a final report regarding its employment of Apprentices, which shall contain the following information for Contractor and each subcontractor subject to the Apprenticeship requirements:

· Total amount of Work hours that workers performed in each Apprenticeable Occupation

· Total amount of Work hours performed by Apprentices

· Number of hours subject to calculation of reduction in payment as described in Subsection II(C)(iii)(b)

III. Noncompliance and Reduction in Payment.

As required by ORS 279C.533, Owner will reduce payment due to Contractor under this Contract if Contractor does not meet the Apprenticeship Goal set forth in Section I. For Contractor’s own forces, the reduction will be the equivalent of the difference between the total number of work hours that Apprentices in Apprenticeable Occupations should have performed to meet the apprenticeship requirements less the total number of work hours that Apprentices in Apprenticeable Occupations actually performed, multiplied by $15 per hour.

Contractor may apply reduction in the amount due to a Covered Subcontractor if that Covered Subcontractor fails to meet the Apprenticeship Goal. In such case, Contractor must notify Agency and reduce its invoices to Agency accordingly. In no event shall Contractor charge Agency for the amount reduced from the Subcontract.