Successful Participation - Austin, Texas
Construction Training Program GuidePurpose. The City of Austin (COA) Construction Training Program fosters training in the construction trades in order to develop a pool of qualified, ready-to-work skilled and semi-skilled workers, and to provide economic opportunities to its citizens by: Emphasizing the recruitment of trainees who are likely to become members of a contractor’s regular workforce upon completion of the ProgramEmphasizing training in skilled craft classificationsImplementing a 15% goal for the use of United States Department of Labor (DOL)-approved Apprentices, DOL-approved On the Job Trainees, or DOL-approved Bilingual Training Program Trainees for CIP projects with significant budgets exceeding $10 MillionImplementing a Construction Readiness trainee program by establishing a Pipeline with community agencies who provide pre-employment, pre-apprentice and/or apprentice-readiness training Applicability. This program applies only to those contracts which include contract Section 00840.Definitions. The following definitions shall apply to publication and contract requirements:Apprentice: a worker currently enrolled in a DOL-approved apprenticeship programApprentice Graduate: a worker who can provide evidence of graduating from a DOL-Approved Apprenticeship/Bilingual Training Program within the past 10 yearsApprenticeship Program: a work training program approved by the DOL Capital Contracting Office (CCO): the City of Austin’s Office, responsible for administering the Construction Training ProgramCity’s Approved Minimum Wage Rate – a minimum wage rate established by the City of Austin for workers performing construction activities on City of Austin contractsCOA: City of AustinConstruction Ready Trainee: a graduate of or current trainee in an accepted Pipeline training programConstruction Training Program (referred to as “Program” or “the Program”): a City of Austin initiative to foster training in the construction trades on City of Austin projectsConstruction Training Program Reporting Form: – a form provided by the OWNER which documents the contractor’s training activities and/or hours worked for each traineeContractor: a vendor who is under contract with the City of Austin or its designated contract Owner to perform construction or construction-related servicesDOL or US DOL: the United States Department of LaborHorizontal Construction Project: civil construction, such as roads, bridges, and utilitiesJourneyman: a fully-trained tradesperson, who may or may not be a union worker, and may or may not have completed apprenticeship training through a DOL-approved apprenticeship programOJT Graduate – a worker who can provide evidence of graduating from a DOL-approved OJT Training Program within the past 10 yearsOJT Trainee: an enrollee in a DOL-approved training program, who is learning and practicing the skills of a construction tradeOJT Training Program – a training program approved by the United States Department of LaborParticipant – a worker (trainee, apprentice, or graduate) whose training or employment on a COA Project can apply toward the COA training goalPipeline: COA-approved organizations who provide pre-employment training related to construction, pre-apprentice, and apprentice readiness training Program Goals: an agreed-upon number or percentage of the workforce to be made up of trainees and/or apprenticesProjects: construction projects procured for the City of Austin, or receiving funding, resources, or other consideration from the CityTraining Plan: a plan identifying how a contractor intends to meet its training goal, submitted on a COA form, subject to COA review and approvalVertical Construction Project: a project which includes significant vertical structural components or buildings requiring building construction tradesWorkforce - the estimated number of full-time employees to be employed on the project, calculated using standard criteria, and taking into account significant training opportunitiesProgram Overview - Evaluation of Project to Establish Apprentice/OJT Training Goals Projects Greater than $10M. Projects with budgets over $10M will be evaluated for opportunities available to achieve a 15% labor force participation of DOL-certified bilingual training participants, DOL-approved apprentices, apprenticeship graduates, and DOL-approved OJT trainees and graduates employed on the project. Prior to solicitation, or during contract negotiations, the City will use the criteria in Charts A and B to determine opportunities to maximize participation in the program. The trainee must be paid a prevailing wage rate (typically a percentage of the journeyman wage) for each trade as specified by the DOL-approved apprenticeship program, but may NOT be paid less than the City’s approved minimum wage rate. Note: All Program goals for these projects require DOL-approved training. Projects Less Than $10M. For projects less than $10M, a minimum goal for Construction Ready Trainees will be evaluated per criteria in Charts A and B. The Construction Ready Trainee is a graduate or current enrollee of the Pipeline organizations who provide pre-employment training related to construction, pre-apprentice, construction-readiness, and apprentice readiness training programs. Once in the construction industry, Construction Ready Trainees may secure additional training through apprenticeship or OJT programs to further advance in the construction industry. Note: Apprentices and OJT Trainees or Graduates do not satisfy the training goals for these projects.Chart A - Evaluation Criteria Material cost vs labor costScope of workSchedule of values (a comprehensive list of work for a particular project)Project duration and scheduleUnique aspects of the project Available DOL approved training in the trades required for the projectWorkforce determined by the number of workers that will be on the project enough days to establish a training program. Chart B – Construction Training RequirementsProject BudgetApprentice/ OJT Trainee/Graduate/CR Trainee Goal$500K to $2.5M2 – Construction Ready TraineesOver $2.5M to $5M4 - Construction Ready TraineesOver $5M to $10M6 - Construction Ready TraineesOver $10M (Significant Budget)OJT/Apprentice/Graduate/Trainee Minimum 15% ** Chart B, for project greater than $10M (significant budget), goals can be satisfied through the following:Horizontal projects: current enrollees in a DOL-approved OJT ProgramHorizontal projects: graduates of a DOL-approved OJT Program within the past 10 yearsVertical projects: current enrollees in a DOL-approved Bilingual Training ProgramVertical projects: graduates of a DOL-approved Bilingual Training Program within the past 10 yearsVertical projects: current enrollees in a DOL-approved Apprenticeship ProgramVertical projects: graduates of a DOL-approved Apprenticeship Program within the past 10 yearsHow Goals are Applied.For IDIQ and Job Order Contracting, goals will be set based on the value of the individual assignments.For Construction-Manager-at-Risk and Design/Build contracts, goals will be set based on the total value of the contract.For traditional construction contracts with a defined scope, goals will be set based on the total contract value.Pipeline. The City is developing a Construction Readiness Pipeline to include community organizations who provide pre-employment, pre-apprentice, and apprentice-readiness training. Graduates of these programs may be able to secure work on construction projects below $10M. Through these initial opportunities, workers may pursue further training through DOL-approved apprenticeship, OJT, Bilingual Training Programs. CCO will assist contractors in recruiting workers to achieve compliance with the apprenticeship and OJT programs. The Pipeline includes, but is not limited to, the following:Central Texas Regional Mobility Authority (CTRMA) Workforce Development Program Workforce SolutionsSkillpoint AllianceGoodwill of Central TexasAustin Community College Continuing Education: Building ConstructionNational Association of Building Trade Unions (NABTU): Multi-Craft Core Curriculum/Apprenticeship Readiness Programs (MC3/ARP)Other Programs: In the event a contractor is aware of another construction-focused training program, the City will consider adding that program based on its curriculum. Contractors are invited to submit suggested trainers and programs. Approval of Apprentices or Trainees. All trainees and apprentices to be employed on the project must be approved by the City of Austin prior to working on the project to receive credit toward the training goal. The Contractor must provide evidence of enrollment in a relevant DOL-approved apprenticeship or training program.Approval of Graduates. For the contractor to receive credit and for the contractor to receive employment “credit” for the Participant towards the Program Goal, all graduates of DOL-approved training must be approved by the City of Austin prior to working on the project to receive credit toward the training goal. The Contractor must provide evidence of graduation from a qualified program. DOL-Approved Programs. Apprentices are required to be enrolled in a DOL-approved apprenticeship program. OJT Trainees are required to be enrolled in a DOL-approved OJT program. Participants in DOL-certified Bilingual Training Programs are required to be currently enrolled in or graduates of that program. Graduates must have evidence of completion of an applicable DOL-approved training program. The latest listings of DOL-approved apprenticeship programs can be found at Multiple Projects. Apprentices and trainees (Participants) may work on multiple projects, accumulating training hours. All training or working hours are to be reported on the Construction Training Program Reporting Form. All trainees must be paid no less than the minimum wages required under a qualified training program, or COA’s minimum wage rate, whichever is greater.Graduation and Records Retention. Upon graduation from a training program, the contractor is to furnish the City with evidence of Participant graduation. The contractor is to retain all training records for at least three (3) years after completion of the contract work. Per the contract’s General Conditions, these may be requested by the COA or its assignees.CONTRACTOR’S RESPONSIBILITIESUpon Council approval of the contract, the Contractor’s responsibilities in meeting the requirements of the Program include the following: Provide a completed Construction Training Plan within 10 working days from the execution of the contract or IDIQ assignment, outlining how the contractor intends to meet the Program goal, and the scope and duration of training opportunitiesThe contractor assigned the training goal is responsible for ensuring it is met. Actual training may be provided by a subcontractor.Ensure the training provision is included in each subcontractSubmit evidence of trainees’ enrollment in or graduation from qualified training for approvalThe number of trainees shall be distributed among the work classifications on the basis of the contractor’s needs, and the availability of trainees or journeymen in the various classifications. Advise applicants and employees of available training programs and entrance requirements Submit the required reporting forms in a timely manner to ensure Program complianceUpon graduation, provide each trainee with a certificate showing the type and length of training satisfactorily completedIf a trainee is terminated or leaves the contractor’s employment, the contractor shall demonstrate reasonable efforts to replace the trainee within 30 calendar days of separation from the company. The replacement trainee need not be employed by the same firm or under the same wage classification as the former employee.Reporting Submissions. Once training begins, the contractor will submit the Construction Training Program Reporting Form to CCO. The reports will contain sufficient data and narrative content to enable evaluation of both progress and problems encountered. The frequency will be determined when the training plan is reviewed. If delays are anticipated, the contractor must contact the Program Administrator at least three (3) business days prior to the due date. Failure to provide requested documents is a violation of the contract and may be grounds for breach of contract. Records Retention. The contractor is to retain all training records for at least three years after completion of the contract work. Such records shall be available at reasonable times and places for inspection by authorized representatives of the COA and Owners of contracts receiving COA funds, resources, or other consideration.Wage Rate. The trainee will be paid no less than the appropriate prevailing wage rate for training crafts on the contract under a DOL-approved training program, or (on City projects only) the COA minimum wage, whichever is higher.Establishing Participant Goals. Based on the Project Budget and Evaluation Criteria (Charts A and B), the Contractor may determine that the opportunities for Participation are greater than 15%. Conversely, if the Project Budget and Evaluation Criteria indicate less labor for trades covered by DOL, then the City may negotiate a reduced goal. Exceeding Program Goals. Contractors that exceed the Apprenticeship/OJT employment goals in the approved Training Plan will be eligible to receive a higher score (“Exceptional Performance” rating) in the wage section of the City’s Contractor Performance Evaluation (CPE) program. A construction contractor’s CPE scores are used when the solicitation methodology allows the City to consider factors other than price (e.g., Competitive Sealed Proposal, Design-Build, and Construction Manager at Risk contracts) for contract award. Not Meeting Program Goals. Contractors that do not meet the Apprenticeship/OJT training/employment goals on the approved Training Plan may receive a lower score (“Needs Improvement” rating) in the wage section of the City’s Contractor Performance Evaluation (CPE) program.Contractor’s Reasonable Efforts to Comply. The contractor will be responsible for demonstrating the steps taken to meet the training goal. If a Contractor has fewer trainees or apprentices employed on the project than specified in the Training Plan, then the Contractor must submit evidence of recruitment efforts. These may include the following expectations:contact COA for a current list of approved training providerslog of applicants contacted log of training organizations contacted document outreach efforts made to all available training organizations (per current COA list) to satisfy the goals submit documentation as part of the Construction Training Program Reporting of Contractor’s recruitment efforts performed until goals are met or project is completeSuccessful Participation. The contractor will have fulfilled its responsibilities under Section 00840 of the contract by having complied with the City-approved Training Plan.Trainee Participant Credit. Credit will be given to the contractor for each trainee employed and trained through a COA-approved training program, pending CCO review and confirmation.Graduate Participant Credit. Credit will be given to the contractor if documentation is provided that a graduate from the Program has been hired for employment. If the graduate is also enrolled as a trainee in the COA Construction Training Program, an additional credit will be allowed when it is documented that the trainee has graduated from the Program. Employment Credit. Credit for meeting its assigned Program goals will be based on evidence of employment of trainee for a significant number of hours on the project or projects, per the approved Training Plan.Employee Separation. Should a trainee or graduate leave the program voluntarily, credit will still be awarded if that employee was retained for at least 30 calendar days. For all other separations, credit will still be awarded if that employee was retained for at least 15 calendar days.No Participants. Should the contractor not have any individuals enrolled or undergoing training as indicated in the Construction Training Program Training Plan, the following information must be provided to COA:A new Construction Training Program Training PlanA listing of recruitment sources usedReason for lack of enrollmentTRAINEE RESPONSIBILITIESMaintain acceptable attendance, perform their work safely as determined by contractor, and abide by the requirements of the employer, training provider, and COA contracts. A successful Participant will apply themselves to learning and mastering a trade.Trainee Applicant Standards. Proposed trainees must meet the following requirements:Has not completed a training course leading to journeyman status for the proposed training classification;Has not worked as a journeyman in the proposed classification;Does not have journeyman experience in the proposed classificationTRAINING ORGANIZATION RESPONSIBILITIESList of Available Trainees and Graduates. Maintain and make available a list of recent graduates of the training program and contact information. Provide Construction-Related Training. Provide construction-focused training to develop employee competence in a specified craft, or general workplace safety and education that is relevant and acceptable to the contractor munication with Participants, Contractors, and City Staff.Coordinate outreachCoordinate marketing materialsCoordinate online resources Records Management. Record and provide evidence of worker enrollment, training progress, and graduation from a COA-approved training program. CITY AND DEPARTMENT RESPONSIBILITIESCity’s Responsibility. The City of Austin’s Capital Contracting Office (CCO) is responsible for the implementation and administration of the Construction Training Program through establishing procedures and ongoing monitoring.Review Contractor’s Plan. Upon receipt and approval of the Construction Training Program Training Plan, the CCO will continually monitor the project to ensure training begins on time. Should the contractor not have any individuals enrolled or undergoing training as indicated in the approved Construction Training Program Training Plan, the CCO will evaluate a contractor’s recruitment efforts to ensure the program requirements are being met.Evaluating Reasonable Efforts to Comply. CCO staff will evaluate Contractor’s efforts to comply with Program requirements based on the City-approved Training Plan, recruitment efforts, and the project needs. Criteria used to determine reasonable efforts include, but are not limited to, the following:Percentage of completion based on the trainee’s maximum training hoursTotal number of training hours providedContract timeReason for terminationContractor efforts to replace the traineeRemaining scope of work on the projectProvide a list of trainees and apprentices. CCO or its designee will maintain a list of eligible trainees and training organizations to assist the Contractor in fulfilling its training goals.Wage Compliance. COA’s Capital Contracting Office will monitor the contractor’s participation through a review of the Construction Training Program reporting forms and worker interviews. CCO wage compliance personnel will conduct trainee interviews and wage rate monitoring. Interviews with trainees may be conducted at any time to confirm their training status and/or progress towards completion. Certified Payrolls. CCO staff may request certified payroll reports. These reports will be used to verify the trainee is being paid and trained according to the plan. Questions regarding this program may be emailed to CCOWageComplianceDL@, or call the Capital Contracting Office at 512-974-7181, and ask to speak to the Construction Training Program Administrator. ................
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