If you do not meet the requirement of apprentice utilization, per Whatcom County Code 3.72.080:
“In addition to RCW 39.04.320 (4c), failure by a contractor to comply with established apprenticeship requirements, unless otherwise waived or excused in writing by the County Executive or CAP Coordinator pursuant to WCC 3.72.050, shall be deemed a breach of contract for which the County shall be entitled to all remedies allowed by law and under the contract. Failure to comply with the apprenticeship requirements may also be considered evidence bearing on a contractor’s qualification for award of future contracts with the county. Contractors who are found to knowingly violate the requirements under this chapter twice shall be deemed ineligible to bid for County projects for one year and added to a list maintained by the CAP Coordinator.”
RCW 39.04.320 (4b) outlines a requirement for a monetary incentive for meeting the apprentice hours and a monetary penalty for not meeting the apprentice hours. The value of the incentive and penalty will be determined per project, and the incentive and penalty will be identified in the bid solicitation and contract documents’ special provisions when the project meets the criteria.
A monetary penalty will be applied to the contractor failing to meet the apprenticeship utilization requirement. Issuing of this penalty does not limit or preclude the Contracting Agency’s ability to exercise other contractual actions, such as withholding of payment.