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HomeMy WebLinkAboutMacDonald-Miller Facility Solutions MacDonald-Miller FACILITY SOLUTIONS ENERGY EFFICIENCY EQUIPMENT INSTALLATION AGREEMENT By and between MacDonald-Miller Facility Solutions and City of Auburn Auburn Senior Center April 11, 2013 FLA-LY EXECUTE[) COPY FOR YOUR RECORD- 9 ENERGY EFFICIENCY EQUIPMENT INSTALLATION AGREEMENT This Energy Efficiency Equipment Installation and Services Agreement with Exhibits("Agreement') is made this day of April, 2013 by and between MacDonald-Miller Facility Solutions, a Washington company with its principal place of business located at 7717 Detroit Ave SW,Seattle,WA 98106 ("Contractor")and City of Auburn, a Washington municipal corporation with its principal place of business at 25 West Main Street,Auburn,WA 98001-4998 ("Customer"). 1. Equipment. Contractor shall design, engineer, procure, and install the energy efficiency equipment ("Equipment') as described and specified in Exhibit A. Equipment shall be installed in Customer's facilities specified in Exhibit B (the "Facilities") and at those locations in the Facilities as indicated in Exhibit A. Upon the successful delivery and installation of the Equipment, Customer shall execute and deliver to Contractor an Equipment Acceptance Certificate("Acceptance Certificate") in the form attached as Exhibit C. 2. Utility Incentives. Contractor shall complete and manage the application for all utility incentives (rebates and grants)on behalf of Customer All utility incentives will be assigned to Customer. Customer agrees to fully cooperate,assist and execute all documents reasonably required to apply for,obtain,and assure assignment of the utility incentives. 3. Energy Cost Savings Methodology. Annual energy cost savings ("Annual Savings")shall be calculated based on avoided costs as defined in the Energy Savings and Reporting Methodology attached as Exhibit D. 4. ARRA Compliance Reporting&Prevailing Wage Rate Schedule. Contractor shall provide to Customer the required American Recovery and Reinestment Act("ARRA") reports and compliance documentation, as applicable, in a timely manner The Contractor shall comply with every provision of the Revised Code of Washington Chapter 39.12. A copy of a Statement of Intent to Pay Prevailing Wages,approved by the Industrial Statistician of the Department of Labor& Industries, must be submitted to the Customer prior to any payment for services rendered. An Affidavit of Wages Paid must be received by the Customer prior to issuance of final payment. Should the term of this agreement go beyond one year,the wages that the Contractor shall pay its employees must be altered annually to recognize and follow the most recently promulgated increases in prevailing wages each year after the first year of the contract period. Attached,as Exhibit H, is a copy of the State of Washington—Department of Labor and Industries—Journey Level Prevailing Wage Rates for the Effective Date April 12. 2013 5. Customer Payment Obligations. Upon execution of the Acceptance Certificate, Customer agrees to pay Contractor in full for the Equipment and all installation costs ("Project Costs") as agreed to in Exhibit G. Customer agrees to pay Contractor for on-going Preventative Maintenance& Energy Management Services ("Services")as defined in Exhibit E and priced per Exhibit G, Pricing& Financial Analysis. 6. Contractor Obligations at Acceptance. Upon execution of the Acceptance Certificate, Contractor will provide services and guarantee the energy savings per the Preventative Maintenance& Energy Management Agreement attached as Exhibit E. 7. Equipment Operation. Customer agrees to operate the Equipment at its own expense. All damage to the Equipment in Customer's possession or control will be charged to and paid by Customer Energy Efficiency Equipment Installation Agreement Page 1 of 8 8. Equipment Installation. Contractor shall be responsible for, and Customer shall use its best efforts to assist Contractor in,obtaining all necessary permits and approvals for installation of the Equipment. Contractor shall coordinate the installation with Customer so as to minimize any disruption of Customer's operations. Contractor will not, however, be responsible or liable for any planned or scheduled disruption to Customer's operations unless caused by the Contractor's negligence. Customer shall not alter, move, add to, or modify the Equipment without the prior written consent of Contractor. Any material, unapproved alterations, additions, and/or modifications to the Equipment will void the Energy Savings Guarantee. Any unforeseen site conditions shall be managed via a change order to this Agreement. Contractor shall present to Customer a Notice of Completion requesting Customer's execution of the Acceptance Certificate, and Customer shall respond within 10 days by providing to Contractor either(a) an executed Acceptance Certificate or(b) a punchlist of items required for completion of the Equipment installation,which punchlist shall indicate Customer's acceptance of items not included on the punchlist. Following Contractor's completion of the punchlist items, a second Notice of Completion will be issued by Contractor, and this process will be repeated until Customer accepts the complete installation of the Equipment. Failure of Customer to respond during this process within the 10-day deadline shall constitute acceptance by Customer Exhibit A provides a scope of work narrative for the Equipment to be installed. Prior to beginning the installation, Contractor will provide a milestone schedule for Customer's review Contractor will provide to Customer interim construction progress reports as construction milestones are achieved. Contractor shall have no responsibility and shall bear no cost regarding hazardous materials found in the Facilities during performance of its work. If Contractor discovers hazardous waste during the performance of this contract, it will immediately stop work and will not resume until the Customer has made arrangements for proper disposal of the hazardous materials. 9. Access. Customer shall provide mutually satisfactory rent-free space for the installation and operation of the Equipment in the Facilities. Contractor shall coordinate with the Customer for mutually agreeable times for the installation and repair of Equipment in the Facilities and the Customer shall provide free and full access to the Facilities to Contractor and its subcontractors and agents during normal business hours and other reasonable hours as requested to install, inspect, adjust, repair, maintain, and, in event of default as defined in Section 12, below, repossess the Equipment. 10. Term and Termination. The Term of this Agreement shall begin with the mutual execution hereof and shall terminate upon payment of all Project Costs by Customer to Contractor The Customer may terminate the service portion of this Agreement at any time upon 30 days written notice to Contractor, and payment of all outstanding Project Costs and service costs by Customer to Contractor If Customer elects to terminate this Agreement prior to the execution of an Acceptance Certificate, Customer shall be entitled to the Equipment AS IS, WHEREAS,WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES, AND CONTRACTOR SPECIFICALLY DISCLAIMS ANY GUARANTEE OF ENERGY SAVINGS. If Customer elects to terminate the service portion of the Contract, Contractor is relieved from any further obligations, specifically the guarantee of energy savings. 11. Ownership of the Equipment and the Facilities. Customer shall own the Equipment. The Equipment is,and shall at all times during the term of this Agreement, remain the personal property of Customer. Customer warrants and represents that Customer owns the Facilities. Customer shall notify Contractor thirty(30)days prior to the sale of the Facilities to a third party and, in the event of such a Energy Efficiency Equipment Installation Agreement Page 2 of 8 sale, Customer shall, at Customer's option, either(a) cause the buyer of the Facilities to assume all Customer's obligations for the remaining term hereunder or(b) pay to Contractor all outstanding monies owed for all completed Projects. 12. Insurance and Loss or Damage to the Equipment. At all times during the term of this Agreement, Contractor shall, at its own expense,for the mutual benefit of Customer and Contractor, obtain and maintain in force from insurance companies reasonably satisfactory to Customer(a)commercial general liability insurance in an amount not less than $1,000,000 per occurrence and$2,000,000 general aggregate. Insurance shall be written on ISO occurrence form CG 00 Oland shall cover liability arising from premises, operations, independent contractors, products-completed operations, stopgap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 1185. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The Customer shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the Customer using ISO Additional Insured endorsement CG 2010 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. Contractor shall provide Customer with evidence of proper insurance coverage naming the City as an additional insured prior to initiating work. Customer bears the risk of loss or damage to the Equipment. Customer shall immediately notify Contractor of any loss of or damage to the Equipment. In the event of loss or damage to the Equipment, Customer shall: (a)continue to make Payments toward the purchase of replacement or repair of Equipment;and (b) Customer will, at Customer's option, either (i) replace,the Equipment lost or damaged,with equipment of equal energy efficiency as the Equipment,whereupon such replacement equipment shall be substituted in this Agreement by appropriate endorsement and become a part of the Equipment for the purposes of this Agreement or (ii) pay to Contractor the full amount for all work completed to date. 13. Default and Remedies Upon Default. 13.1 Each of the following events or conditions shall constitute an "Event of Default" by Customer: (a) Customer's failure to make any payment(s)to Contractor within fifteen days after notice of past due payment; (b) When any representation or warranty furnished by Customer in this Agreement proves to be a misrepresentation or is purposefully misleading in any material respect when made; (c) The institution of any proceeding of bankruptcy or insolvency by or against Customer, appointment of a trustee or receiver for Customer or similar proceedings, or the filing of any execution proceedings against assets of the Customer;or (d) Customer otherwise defaults on any covenant of this Agreement to be performed by Customer within 30 days notice after notice of such default. In an Event of Default by Customer,Contractor shall have the right to (a)terminate this Agreement and receive from Customer, and Customer shall be liable to the Contractor for,the full Project Costs to date, plus all reasonable costs of collection, including but not limited to attorney's fees and court costs, (b) repossess the Equipment not yet purchased for by the City, in which case Customer shall provide access to the Facilities during normal business hours for this purpose, and (c) pursue any other remedy at law or equity that Contractor may have at its option. Energy Efficiency Equipment Installation Agreement Page 3 of 8 13.2. Each of the following events or conditions shall constitute an "Event of Default" by Contractor (a) Failure to deliver the equipment per Exhibit A. (b) Failure to perform the Services per Exhibit E. (c) When any representation or warranty furnished by Contractor in this Agreement proves to be a misrepresentation or is purposefully misleading in any material respect when made; (d) The institution of any proceeding of bankruptcy or insolvency by or against Contractor, appointment of a trustee or receiver for Contractor or similar proceedings, or the filing of any execution proceedings against assets of the Contractor;or (e) Contractor otherwise defaults on any covenant of this Agreement to be performed by Contractor within 30 days notice after notice of such default. In an Event of Default by Contractor,Customer shall have the right to(a)terminate this Agreement and receive from Contractor,and Contractor shall be liable to the Customer for, any costs to the Customer to cover and cure Contractor's default, plus all reasonable costs of collection, including but not limited to attorney's fees and court costs and, (b) (c) pursue any other remedy at law or equity that Contractor may have at its option. 14. Taxes and Fees. Customer shall be responsible for payment of all federal,state and local taxes, permits and other charges of any kind that are at any time lawfully assessed or levied against or with respect to the Equipment that become due during the Term of this Agreement,shall provide Contractor evidence of any such payments, and shall reimburse Contractor for the same, if Contractor makes such payments during the Term of this Agreement,within fifteen days after Contractor presents to Customer a receipt evidencing such payment. Provided,that Contractor is responsible for payment of Business and occupation taxes. 15. Assignment. Contractor may assign all or any part of its rights herein to any party with notice to and prior consent of Customer Customer agrees that Contractor's assignee will have the same rights, remedies, and responsibilities that Contractor now has, and Customer agrees that its obligations are in no way altered or relieved by any such assignment. All payments made by Customer to Contractor's assignee shall to the extent thereof discharge the obligations of Customer to Contractor hereunder Customer agrees to cooperate with Contractor(a) by providing during the term of this Agreement such financial information concerning Customer as reasonably required by Contractor and its assignee(s)to assess the financial condition of Customer and its ability to fulfill its obligations hereunder and (b) in executing such instruments that may reasonably be required for purposes of financing and/or effecting an assignment(s). Any assignee of Contractor's rights may reassign such rights with the same effect as the original assignment. In the event that Contractor ceases business operations,for whatever reasons, Customer agrees to fulfill all its obligations hereunder for the benefit of, including making all payments due hereunder to,Contractor's assignee(s). 16. Representation and Warranties. Each party represents and warrants to the other that: (a) it has all requisite power,authority, licenses, permits, and franchises,corporate or otherwise,to execute this Agreement and perform its obligations hereunder;and, (b)this Agreement has been duly executed and delivered for it by the signatories so authorized, as evidenced by the Corporate Resolution attached hereto as Exhibit H, and this Agreement constitutes Customer's legally valid and binding obligation. EXCEPT AS EXPRESSLY STATED HEREIN, CONTRACTOR DISCLAIMS ALL OTHER WARRANTIES INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Energy Efficiency Equipment Installation Agreement Page 4 of 8 17. Notices. All notices, requests,demands, claims,and other communications shall be in writing,shall be delivered in person or by mail (first class postage pre-paid), overnight delivery service,fax transmission,or receipt-confirmed email and shall be deemed given when delivered in person or, if not delivered in person,when received (or delivery is refused) by the party to whom such notice, request, demand, claim,or other communication is directed, at the following address, email,or fax number(or at such other address or number as a party shall designate by written notice to the other party): If to Contractor: MacDonald-Miller Facility Solutions 7717 Detroit Avenue SW Seattle,WA 98106 attn: Stephen Wilson fax: (206) 768-4051 email: stephen.wilson @macmiller.com With a copy to: MacDonald-Miller Facility Solutions attn: Bob Lyden fax: (206) 768-3995 email: bob.lyden @macmiller.com If to Customer: City of Auburn,City Hall 25 West Main Street Auburn, WA 98001-4998 attn: Property Manager phone: (253) 931-3000 Each party shall have the right,from time to time,to designate a different address by written notice given in conformity with this Section. 18. Indemnification. The Contractor agrees to release, indemnify, defend, and hold the Customer, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions,suits, causes of action, arbitrations, mediations, proceedings,judgments, awards, injuries,damages, liabilities,taxes, losses,fines,fees, penalties expenses, attorney's fees,costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation,their respective agents, licensees, or representatives;arising from, resulting from, or in connection with this Agreement or the acts,errors or omissions of the Contractor in performance of this Agreement,except for that portion of the claims caused by the Customer's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the Customer,the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub-contractor shall agree to defend and indemnify the Customer, its elected officials, officers,employees, agents, representatives, insurers,attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The Customer's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance,Title 51 RCW,solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. Energy Efficiency Equipment Installation Agreement Page 5 of 8 19. Miscellaneous. 19.1 Dispute Resolution and Governing Law. In the event a dispute arises under this Agreement,the Parties agree first to try and resolve the dispute between themselves. If they are unable to do so,the Parties agree to submit the dispute to non-binding mediation with a mediator acceptable to both Parties. If the Parties still are unable to resolve the dispute, it shall be finally settled under the Construction Industry Arbitration Rules of the American Arbitration Association ("AAA") by one arbitrator acceptable to both Parties. If the Parties cannot agree on an arbitrator,then one will be appointed in accordance with said Rules with the location of the arbitration hearing In Seattle, Washington. In the event arbitration is necessary to resolve a dispute, in addition to any direct damages,the prevailing party, as determined by the Arbitrator,shall be entitled to recover its reasonable attorneys'fees, costs and AAA costs from the other party This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington,without giving effect to its laws on conflicts of law 19.2 Amendments. This Agreement may not be amended except by the mutual written agreement of the Parties. 19.3 Counterparts and Facsimile. This Agreement may be executed simultaneously in counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. Fax or PDF transmission of any signed original document, and retransmission of any signed fax or PDF transmission,shall be the same as transmission of an original. A Party will confirm signatures transmitted by facsimile or email by signing an original document upon the request of the other Party 19.4 Severability. If any provision of this Agreement or the application thereof to any Person or circumstance shall be invalid, illegal,or unenforceable to any extent,the remainder of this Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law 19.5 Complete Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the Customer and Contractor and supersedes all proposals,oral or written,and all other communications between Customer and Contractor relating to the subject matter of this Agreement. Customer acknowledges and agrees that in entering into this Agreement,Customer is not relying upon any prior or contemporaneous agreements, representations, understandings or promises,oral and/or written, made by Contractor 19.6 Removed. 19.7 Accident Notification. Customer agrees to immediately notify Contractor of any accidents or injuries involving the Equipment as soon as possible after any such occurrence during and throughout the term of this Agreement. 19.8 Limitations. Notwithstanding any other provisions of this Agreement, Contractor is not liable for any loss,damages or injuries arising from, or in connection with,this Agreement to any persons or property except to the extent caused by the negligence of Contractor It is specifically agreed that Contractor is not liable for any loss or damage arising out of any one or more of the following: (a) unauthorized alteration or modification of the Equipment by Customer or any third party; (b) overloading or inappropriate use of the Equipment by Customer orthird parties; (c)damage to the Energy Efficiency Equipment Installation Agreement Page 6 of 8 Equipment by Customer or any third parties;or(d)acts of nature,strikes, labor disputes or any other cause beyond the control of Contractor IN WITNESS WHEREOF, and intending to be legally bound,the parties subscribe their names to this instrument on the date below. MacDonald-Miller Facility Solutions L City f A BY, BY, TITLE: C Fn TITLE: A/A y0 c DATE: ` 13-Dl>?3 DATE. APR 18 2013 INLILl EXECUTED COPY FOR vnUR RECORDS Energy Efficiency Equipment Installation Agreement Page 7 of 8 EXHIBITS Exhibit A. Equipment to be Installed Exhibit B. Description& Location of Premises; Pre-Existing Equipment Inventory Exhibit C. Equipment Acceptance Certificate Exhibit D Energy Savings and Reporting Methodology Exhibit E: Preventative Maintenance& Energy Management Services Exhibit F: City Council Resolution Exhibit G: Pricing&Financial Analysis Exhibit H: Prevailing Wage Rate Schedule Energy Efficiency Equipment Installation Agreement Page 8 of 8 EXHIBIT A EQUIPMENT TO BE INSTALLED FIM-1—Implement Equipment/System Cap Ex Upgrades(Replace pneumatics w/TRIDIUM Niagara AX Web-based Open protocol platform Scope of work.' Macdonald-Miller will pursue incentive opportunities from the local utility for maximum grant incentive. The following are the steps to be taken to implement the Equipment/System Cap Ex improvements. A. Demo existing JCI Metasys front-end controller B. Replace all existing LINT(JCI)field controllers. C. Replace existing air-handler proprietary JCI field controllers with OPEN protocol LON type 1/0 controllers and TRIDIUM JACE AX"0"architecture. D Re-program sequencing,and scheduling to optimize performance. E. Replace existing control system infrastructure with new WEB based TRIDIUM architecture platform. F Paint—to- Point system-wide checkout. G. Program flow calculations on all air-handling equipment to allow better utilization of economization control, (free-cooling). H. Provide functional testing of each and every zone and all mechanical equipment to maximize energy savings and system performance. I. Program discharge air,and set point resets based on zone demand. J. Provide a graphical dynamic interface via TCP/IP,standard internet connectivity provided by owner K. Provide direct economization control to implement free-cooling capability L. Replace existing DDC controllers on the effected systems with OPEN Communication/LON based controllers.These controllers provide PRODUCT and VENDOR Neutrality. M. Install new communicating T7350 stats on all existing standalone air-handlers and tie into new TRIDIUM platform for web-based remote connectivity FIM-2—Complete Point to Point Testing& Performance Based Balancing Plan Scope of Work Preparation of a detailed point to point testing plan based upon a thorough review of the existing drawings, energy audit report and site conditions. Plan to be submitted, reviewed, modified and approved bythe Owner, Utility and other parties as identified by the Owner. Development and execution of equipment specific functional performance testing checklists. Performance-based balancing of HVAC systems(air and water balance)to align with recommendations from the energy audit, engineering calculations and field observations. Review and modification of DDC system sequence of operations inclusive of required programming changes and testing. Functional performance and validation testing of the HVAC DDC system inclusive of device calibration and operational effectiveness. Tuning of control loops on major subsystems—air handlers, VAV, zone valves. Evaluation of existing zone air-flow distribution and sensor locations based on current load conditions, adjust minimum and maximum airflows to correspond. • Balance ITesting, calibration of all air-handling and ventilation systems. Perform functional test and proportion air balancing of diffusers,set balancing dampers accordingly on selected systems and document functional discrepancies. Notification and suggested resolution of identified system deficiencies. Energy Efficiency Equipment Installation Agreement Exhibit A Coordination and assistance with the correction of system deficiencies/issues. Perform re-testing of systems that initially failed to meet desire functional test criteria and were corrected. Report all systems and/or equipment not meeting desired functional test criteria and make recommendations to the owner regarding resolution of deficiencies such as adding in-line duct- heaters, relocation of diffusers, adding/deleting zones and sensors. • Development, implementation and verification of system trending criteria and reports to monitor/validate performance of the building systems. As-build existing HVAC zoning, control sequences and operations manuals to reflect current conditions. Preparation, review and distribution of final report,as-built documentation and operations manual. • All work to be performed in compliance with NEBB,TABB and BCA guidelines. Deliverables Comprehensive NEBB certified commissioning report documenting final measurements, changes, discrepancies and recommendations as well as a set of updated as-built mechanical/control drawings and relevant/available operating manuals. Basis of Scope/Clarifications • New DDC system will have the ability via internet to send structured reports via e-mail or a file transfer protocol (FTP). • Programming changes to DDC system and repairs to system components to be proposed separately as they are identified. • Project Description and Background information as provided above. • Work performed during normal business hours. • Task-based estimate available for review upon request. Excluded, Cutting, Painting, Patching Excludes sales tax, productivity impacts due to restricted/escorted access in sensitivity areas. Replacement of belts,sheaves,software upgrades and other mechanical/electrical modifications not included in base estimate and performed after approval. General Exclusions: • Repair or replacement of existing defective equipment or controls not part of specified scope. • After-hours labor all work to be performed during normal business hours • Cutting, painting, patching • TCP/IP connection, phone line, or I/P address. • Washington State Tax Energy Efficiency Equipment Installation&services Agreement Exhibit A EXHIBIT B DESCRIPTION & LOCATION OF PREMISES; PRE-EXISTING EQUIPMENT INVENTORY The City of Auburn Senior Center is located at 808 9th St. S.E.,Auburn,WA 98002. Energy Efficiency Equipment Installation Agreement Exhibit e EXHIBIT C EQUIPMENT ACCEPTANCE CERTIFICATE I,the undersigned, hereby certify that: (1) 1 am the duly qualified,authorized and acting on behalf of the City of Auburn (the "Customer"); and,with respect to the Energy Efficiency Equipment Installation Agreement(the "Agreement")dated April 11, 2013 between MacDonald-Miller Facility Solutions("Contractor") and the Customer; (2) Contractor has completed the installation of the Equipment due to be installed, pursuant to the Agreement and as specified in the Equipment to be Installed attached hereto as Exhibit A, and Customer has inspected and does hereby accept unconditionally the Equipment installation; (3) based on the terms of the Agreement,Customer has paid to Contractor the full the amount owed for the Equipment and all installation costs ("Project Costs"); and (4) with respect to all Equipment installed,the Customer has obtained from a reputable insurance company,qualified to do business in the State of Washington,the insurance coverages as required in Section 11 of the Agreement and as evidenced by the attached certificate of insurance. Dated 20 ACCEPTANCE City of Auburn BY: NAME: TITLE: DATE. Attachments: Exhibit A--Equipment to be Installed Certificate of Insurance Energy Efficiency Equipment Installation Agreement Exhibit C EXHIBIT D ENERGY SAVINGS& REPORTING METHODOLOGY RESERVED Energy Efficiency Equipment Installation Agreement Exhibit D EXHIBIT E PREVENTATIVE MAINTENANCE & ENERGY MANAGEMENT SERVICES RESERVED Energy Efficiency Equipment Installation Agreement Exhibit E EXHIBIT F CITY COUNCIL RESOLUTION To be provided by City of Auburn. Energy Efficiency Equipment Installation Agreement Exhibit F EXHIBIT G PRICING & FINANCIAL ANALYSIS This Acceptance of Payment Terms ("Payment Agreement') is made and entered into as of this day of April, 2013, by and between the and City of Auburn, a Washington municipal corporation with its principal place of business at 25 W Main Street, Auburn,WA 98001-4998 ("Customer") and MacDonald- Miller Facility Solutions, a Washington Corporation with its principle place of business located at 7717 Detroit Avenue SW, Seattle WA 98106("Contractor")for the purpose of establishing payment terms. Payment Agreement for Exhibit A, Equipment to be Installed Per the scope of work outlined in Exhibit A,the Customer agrees to pay Contractor$52.880.96 Included: WA Sate sales tax(9.50%), Performance and Payment Bond (cost$855.26). FIM-1: Provide and install a Tridium Web based platform integration with advanced programming to optimize functionality and energy savings. Cost: $ 31,824 Estimated Annual Savings $4,996 Estimated Utility Incentive $ 7,500 ROI 4.8 years FIM-2: Test& balance of system & establish correct airflows and determine deficiencies of zoning issues and make necessary corrections/alignments to accommodate existing loads. Cost: $ 15,932 Estimated Annual Savings $ 2,500 Estimated Utility Incentive $ 3,256 ROI 5.0 years The above Estimates are not guaranteed. ESE, the utility, must confirm and authorize a Custom Grant amount based on their study of this project. Energy Efficiency Equipment Installation Agreement Exhibit G EXHIBIT H PREVAILING WAGE RATE SCHEDULE Energy Efficiency Equipment Installation Agreement Exhibit H Page 1 of 17 State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504.4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 4/12/2013 =County Trade Job Classification Wage Holiday Overtime Note ;King Asbestos Abatement Workers Journey Level $40.83 5D 1H jKing Boilermakers Journey Level $62.34 5N 1C jKing Brick Mason Brick And Block Finisher $42.21 5A 1M i ;King Brick Mason Journey Level $49.07 5A 1M ;King Brick Mason Pointer-Caulker-Cleaner $49.07 5A 1M 'King Building Service Employees Janitor $19.98 5S 2F i King Building Service Employees Traveling Waxer/shampooer $20.391 5S 2F !King Building Service Employees Window Cleaner (Scaffold) $24.52 55 2F i King Building Service Emplovees Window Cleaner(non-scaffold) $23.66 5S 2F I !King Cabinet Makers (In Shop) Journey Level $22.74 1 :King Carpenters Acoustical Worker $49.57 5D 1M ,King Carpenters Bridge, Dock And Wharf $49.57 5D iM Carpenters in Carpenters Carpenter $49.57 5D iM King Carpenters Carpenters on Stationary Tools $49.70 5D 1M jKing Carpenters Creosoted Material $49.67 5D 1M jKing Carpenters Floor Finisher $49.57 5D 1M j King Carpenters Floor Layer $49.57 5D 1M !King Carpenters Scaffold Erector $49.57 5D 1M iKing Cement Masons Journey Level $50.13 7A 1M jKing Divers Et Tenders Diver $100.28 5D 1M 8A jKing Divers f3 Tenders Diver On Standby $56.68 5D 1M ,King Divers Et Tenders Diver Tender $52.23 5D IM i `King Divers 8 Tenders Surface Rcv ft Rov Operator $52.23 5D IM ' `King Divers fs Tenders Surface Rcv ft Rov Operator $48.67 5A 1B Tender 'King Dredge Workers Assistant Engineer $51.07 5D 3G jKing Dredge Workers Assistant Mate(deckhand) $50.56 SD 3G I , littps:H fortress.wa.gov/Ini/wagelookup/prvWagolookup.aspx 4/12/2013 Page 2 of 17 !King Dredee Workers Boatmen $51.07 5D 3G I !King Dredge Workers Engineer Welder $51.12 5D 3G EKing Dredee Workers Leverman, Hydraulic $52.69 5D 3G !King Dredee Workers Maintenance $50.81 5D 3G !King Dredge Workers Mates $51.07 5D 3G ! j Nng Dredge Workers Oiler $50.69 5D 3G ;King DrvwallApplicator Journey Level $49.74 SD 1H IKing Drywall Taoers Journey Level $49.79 5P vLE j IKing Electrical Fixture Maintenance Journey Level $25.34 5L 1E i Workers ;King Electricians - Inside Cable Splicer $64.24 7C 2W King Electricians - Inside Cable Splicer (tunnel) $69.07 7C 2W i King Electricians - Inside Certified Welder $62.04 7C 2W 9King Electricians - Inside Certified Welder (tunnel) $66.65 7C 2W y r - 'King Electricians - Inside Construction Stock Person $34.19 7C 2W King Electricians - Inside Journey Level $59.85 7C 2W King Electricians - Inside Journey Level (tunnel) $64.24 7C King Electricians - Motor Shoo Craftsman $15.37 1 3 :King Electricians - Motor Shop Journey Level $14.69 1 J !King Electricians - Powerline Cable Splicer $64.95 5A 4A I Construction i 'King Electricians - Powerline Certified Line Welder $59.37 5A 4A j Construction ;King Electricians - Powerline Groundperson $42.16 5A 4A Construction ;King Electricians - Powerline Head Groundperson $44.50 5A 4A ! Construction King Electricians - Powerline Heavy Line Equipment Operator $59.37 5A 4A Construction !King Electricians - Powerline Jackhammer Operator $44.50 5A 4A i I Construction (King Electricians - Powerline Journey Level Lineperson $59 37 5A 4A Construction { 'King Electricians - Powerline Line Equipment Operator $49.95 5A 4A Construction King Electricians - Powerline Pole Sprayer $59.37 5A 4A Construction King Electricians- Powerline Powderperson $44.50 5A 4A Construction (King Electronic Technicians Journey Level $31.00 1 'King Elevator Constructors Mechanic $77.701 7D 4A King Elevator Constructors Mechanic In Charge $84.24 7D 4A IKing Fabricated Precast Concrete All Classifications - In-Factory $14.60 56 2K Products Work Only King Fence Erectors Fence Erector $15.18 1 IKing Flaeeers Journey Level $34.61 7A 2Y IKing Glaziers Journey Level $52.76 7L 1Y l iUps://foili-ess.wa.gov/Ini/wagelookul)/pi vWagelookup.aspx 4/12/2013 Page 3 of 17 King Heat a Frost Insulators And Journeyman $56.93 5J 15 Asbestos Workers King Heating Equipment Mechanics Journey Level $68.52 7F 1E King Hod Carriers a Mason Tenders Journey Level $42.11 7A 2Y p King Industrial Power Vacuum Cleaner Journey Level $9.24 1 King Inland Boatmen Boat Operator $52.32 5B 1K ;King Inland Boatmen Cook $48.891 SB 1K i !King Inland Boatmen Deckhand $48.961 5B 1K gKing Inland Boatmen Deckhand Engineer $49.95 5B 1K E SKing Inland Boatmen Launch Operator $51.16 5B 1K King Inland Boatmen Mate $51.16 5B 1K King Inspection/Cleaning/Sealing Of Cleaner Operator, Foamer $31.49 1 ( Sewer a Water Systems By Operator i y Remote Control King Inspection/Cleaning/Sealing Of Grout Truck Operator $11.48 1 Sewer a Water Systems By y Remote Control King Inspection/Cleaning/Sealing Of Head Operator $24.91 1 Sewer a Water Systems By Remote Control r King Inspection/Cleaning/Sealing Of Technician $19.33 1 Sewer ft Water Systems By Remote Control King Inspection/Cleaning/Sealing Of Tv Truck Operator $20.45 1 Sewer a Water Systems By Remote Control ; in Insulation Applicators Journey Level $49.57 5D 1M King Ironworkers Journeyman $59.021 7N 10 S King Laborers Air, Gas Or Electric Vibrating $40.83 7A 2Y Screed King Laborers Airtrac Drill Operator $42.11 7A 2Y King Laborers Ballast Regular Machine $40.83 7A 2Y ? King Laborers Batch Weighman $34.61 7A 2Y g king Laborers Brick Pavers $40.83 7A 2Y King Laborers Brush Cutter $40.831 7A 2Y 4 !King Laborers Brush Hog Feeder $40.83 7A 2Y IKing Laborers Burner $40.83 7A 2Y E King Laborers Caisson Worker $42.11 7A 2Y j King Laborers Carpenter Tender $40.83 7A 2Y j King Laborers Caulker $40.83 7A 2Y King Laborers Cement Dumper-paving $41.59 7A 2Y King Laborers Cement Finisher Tender $40.831 7A 2Y (King Laborers Change House Or Dry Shack $40.83 7A 2Y p jKing Laborers Chipping Gun (under 30 Lbs.) $40.83 7A 2Y jKing Laborers Chipping Gun(30 Lbs. And Over) $41 59 7A 2Y King ILaborers Choker Setter $40.83 7A 2Y IKing ILaborers Chuck Tender $40.83 7A 2Y j a , littl)s:Hfortress.wa.goy/1iii/wagelooktip/pi,vWagelookup.aspx 4/12/2013 Page 4 of 17 King Laborers Clary Power Spreader $41.59 7A 2Y King Laborers Clean-up Laborer $40.83 7A 2Y King Laborers Concrete Dumper/chute Operator $41.59 7A 2Y King Laborers Concrete Form Stripper $40.83 7A 2Y King Laborers Concrete Placement Crew $41.59 7A 2Y ;King Laborers Concrete Saw Operator/core $41.59 7A 2Y Driller jKing Laborers Crusher Feeder $34.61 7A 2Y =King Curing Laborer $40.83 7A 2Y King Laborers Demolition: Wrecking £t Moving $40.83 7A 2Y (inct. Charred Material) jKing Laborers Ditch Digger $40.83 7A 2Y `King Laborers Diver $42.11 7A 2Y King Laborers Drill Operator $41.59 7A 2Y (hydraulic,diamond) King Laborers Dry Stack Walls $40.83 7A 2Y j EKing Laborers Dump Person $40.83 7A 2Y SKing Laborers Epoxy Technician $40.83 7A 2Y King Laborers Erosion Control Worker $40.83 7A 2Y §King Laborers Faller ft Bucker Chain Saw $41.59 7A 2Y jKing Laborers Fine Graders $40.83 7A 2Y jKing Laborers Firewatch $34.611 7A 2Y King Laborers Form Setter $40.83 7A 2Y King Laborers Gabian Basket Builders $40.83 7A 2Y j King Laborers General Laborer $40.83 7A 2Y jKing Laborers Grade Checker Et Transit Person $42.11 7A 2Y lKing Laborers Grinders $40.83 7A 2Y King Laborers Grout Machine Tender $40.83 7A 2Y King Laborers Groutmen (pressure)including $41.59 7A 2Y Post Tension Beams (King Laborers Guardrail Erector $40.83 7A 2Y I iKing Laborers Hazardous Waste Worker (level A) $42.11 7A 2Y !King Laborers Hazardous Waste Worker (level B) $41.59 7A 2Y King Laborers Hazardous Waste Worker (level C) $40.83 7A 2Y King Laborers High Scaler $42.11 7A 2Y King Laborers Jackhammer $41.59 7A 2Y King Laborers Laserbeam Operator $41.59 7A 2Y King Laborers Maintenance Person $40.83 7A 2Y eKing Laborers Manhole Builder-mudman $41.59 7A 2Y King Laborers Material Yard Person $40.83 7A 2Y IKing Laborers Motorman-dinky Locomotive $41.59 7A 2Y King Laborers Nozzleman (concrete Pump, $41.59 7A 2Y Green Cutter When Using Combination Of High Pressure Air d Et Water On Concrete ft Rock, i jSandblast, Gunite, Shotcrete, https://for tress.wa.gov/Ini/wageloolurp/prvWagelool( ip.aspx 4/12/2013 Page 5 of 17 I Water Bla f King Laborers Pavement Breaker $41.59 7A 2Y iKing Laborers Pilot Car $34.61 7A ZY j {King Laborers Pipe Layer Lead $42.11 7A ZY King Laborers Pipe Layer/tailor $41.59 7A 2Y (King Laborers Pipe Pot Tender $41.59 7A 2Y 1 King Laborers Pipe Reliner $41.591 7A 2Y , King Laborers Pipe Wrapper $41.59 7A ZY pKing Laborers Pot Tender $40.83 7A 2Y King Laborers Powderman $42.11 7A 2Y j King Laborers Powderman's Helper $40.83 7A 2Y j King Laborers Power Jacks $41.59 7A 2Y (King Laborers Railroad Spike Puller - Power $41.59 7A ZY King Laborers Raker - Asphalt $42.111 7A ZY I King Laborers Re-timberman $42.11 7A 2Y i King Laborers Remote Equipment Operator $41.59 7A 2Y King Laborers Rigger/signal Person $41.59 7A 2Y j King Laborers Rip Rap Person $40.83 7A 2Y King Laborers Rivet Buster $41.59 7A 2Y ; ,King Laborers Rodder $41.59 7A 2Y King Laborers Scaffold Erector $40.83 7A 2Y f lKing Laborers Scale Person $40.83 7A 2Y {King Laborers Sloper (over 20") $41.59 7A 2Y { King Laborers Sloper Sprayer $40.83 7A 2Y f King Laborers Spreader (concrete) $41.59 7A 2Y ,King Laborers Stake Hopper $40.83 7A 2Y jKing Laborers Stock Piler $40.83 7A 2Y J King Laborers Tamper Et Similar Electric, Air 8 $41.59 7A 2Y Gas Operated Tools jKing Laborers Tamper (multiple @ Self- $41.59 7A 2Y propelled) I ,King Laborers Timber Person - Sewer (la gg er, " $41.59 7A 2Y 9 Shorer 8 Cribber) King Laborers Toolroom Person (at Jobsite) $40.83 7A 2Y King Laborers Topper $40.83 7A ZY !King Laborers Track Laborer $40.83 7A 2Y [King Laborers Track Liner (power) $41.59 7A 2Y c King Laborers Traffic Control Laborer $37.01 7A ZY 8R j King Laborers Traffic Control Supervisor $37.01 7A 2Y 8R F p King Laborers Truck Spotter $40.83 7A 2Y King Laborers Tugger Operator $41.59 7A 2Y i King Laborers Tunnel Work-Compressed Air $55.89 7A 2Y 8S 1 Worker 0-30 psi `King Laborers Tunnel Work-Compressed Air $60.92 7A 2Y 8� IWorker 30.01-44.00 psi i I littps://fortress.wa.gov/liii/wagelookup/prvWagelookLip.aspx 4/12/2013 Page 6 of 17 King Laborers Tunnel Work-Compressed Air $64.60 7A 2Y SS Worker 44.01-54.00 psi 'King Laborers Tunnel Work-Compressed Air $70.30 7A ZY SQ r Worker 54.01-60.00 psi lKing Laborers Tunnel Work-Compressed Air $72.42 7A ZY S Worker 60.01-64.00 psi King Laborers Tunnel Work-Compressed Air $77 52 7A ZY Worker 64.01-68.00 psi jKing Laborers Tunnel Work-Compressed Air $79.42 7A 2Y 8H I Worker 68.01-70.00 psi King Laborers Tunnel Work-Compressed Air $81.42 7A 111 3� Worker 70.01-72.00 psi King Laborers Tunnel Work-Compressed Air $83.42 7A 1H S Worker 72.01-74.00 psi E King Laborers Tunnel Work-Guage and Lock $42.21 7A 2Y Tender [King Laborers Tunnel Work-Miner $42.21 7A 2Y EKing Laborers Vibrator $41.59 7A 2Y King Laborers Vinyl Seamer $40.83 7A 2Y King Laborers Watchman $31.46 7A 2Y jKing Laborers Welder $41.59 7A 2Y 1 lKing Laborers Well Point Laborer $41.59 7A 2Y €King Laborers Window Washer/cleaner $31.46 7A 2Y i King Laborers - Underground Sewer Et General Laborer 8 Topman $40.83 7A 2Y j Water { j,King Laborers- Underground Sewer Et Pipe Layer $41.59 7A 2Y i Water !King Landscape Construction Irrigation Or Lawn Sprinkler $13.56 1 Installers King Landscape Construction Landscape Equipment Operators $28.17 1 f i Or Truck Drivers i ;King Landscape Construction Landscaping or Planting Laborers $17.87 1 ;King Lathers Journey Level $49.74 5D 1H ;King Marble Setters Journey Level $49.071 5A 1M ;King Metal Fabrication (In Shop) Fitter $15.86 1 (King Metal Fabrication fin Shop) Laborer $9.78 1 j lKing Metal Fabrication fin Shop) Machine Operator $13.04 1 lKing Metal Fabrication fin Shop) Painter $11.10 1 f :King Metal Fabrication fin Shop) Welder $15.48 1 lKing Millwright Journey Level $50.67 5D 1M lKing Modular Buildings Cabinet Assembly $11.56 1 I ;King Modular Buildings Electrician $11.56 1 ;King Modular Buildings Equipment Maintenance $11.56 1 I !King Modular Buildings Plumber $11.56 1 jKing Modular Buildings Production Worker $9.40 1 !`King Modular Buildings Tool Maintenance $11.56 1 EKing Modular Buildings Utility Person $11.561 1 j https:H fortress.wa.gov/lni/w<rgulookup/pYVWagClookup.aspx 4/12/2013 Page 7 of 17 (King Modular Buildings Welder $11.56 1 King Painters Journey Level $36.53 6Z 2B j King Pile Driver Journey Level $49.82 5D 1M King Plasterers Journey Level $48.23 S 1R j King Playground Et Park Equipment Journey Level $9.19 1 s Installers j in Plumbers Et Pinefitters Journey Level $71.69 6Z 1G jKing Power Equipment Operators Asphalt Plant Operators $51.89 7A 3C SP jKing Power Equipment Operators Assistant Engineer $48.62 7A 3C 8P King Power Equipment Operators Barrier Machine (zipper) $51.40 7A 3C 8P (King Power Equipment Operators Batch Plant Operator, Concrete $51 40 7A 3C 8P jKing Power Equipment Operators Bobcat $48.62 7A 3C 8P I IKing Power Equipment Operators Brokk - Remote Demolition $48.62 7A 3C 8p j Equipment E ,King Power Equipment Operators Brooms $48.62 7A 3C 8P j King Power Equipment Operators Bump Cutter $51.40 7A 3C 8P King Power Equipment Operators Cableways $51.89 7A IC SP N jKing Power Equipment Operators Chipper $51.40 7A 3C 8P a King Power Equipment Operators Compressor $48.62 7A 3C 8P King Power Equipment Operators Concrete Pump: Truck Mount With $51.89 7A 3C 8P ' Boom Attachment Over 42 M i 3King Power Equipment Operators Concrete Finish Machine -laser $48.62 7A 3C 8P x Screed King Power Equipment Operators Concrete Pump - Mounted Or $50.98 7A 3C SP Trailer High Pressure Line Pump, Pump High Pressure. King Power Equipment Operators Concrete Pump: Truck Mount With $51.40 7A 3C 8P Boom Attachment Up To 42m King Power Equipment Operators Conveyors $50.98 7A 3C 8P King Power Equipment Operators Cranes: 20 Tons Through 44 Tons $51.40 7A 3C 8P With Attachments King Power Equipment Operators Cranes: 20 Tons Through 44 Tons $51.40 7A 3C 8P With Attachments Overhead, Bridge Type Crane: 20 Tons ICI i Through 44 Tons King Power Equipment Operators Cranes: 100 Tons Through 199 $52.44 7A 3C 8P Tons, Or 150'Of Boom (including Jib With King Power Equipment Operators Cranes: 100 Tons Through 199 $52.44 7A 3c 8P Tons, or 150'of boom (including jib with attachments); Overhead, € bridge type, 100 tons and over; i Tower crane up to 175'in height, base to boom. King Power Eauipment Operators Cranes: 200 Tons To 300 Tons, Or $53.01 7A 3C 8P 250'Of Boom (including Jib With Attachments) King Power Equipment Operators Cranes: 45 Tons Through 99 Tons, $51.89 7A 3C 8P Under 150' Of Boom (including Jib i E https://fortress.wa.gov/lni/w,igelookup/prvWagelookup.aspx 4/12/2013 Page 8 of 17 With Attachments) j King Power Equipment Operators Cranes: A-frame - 10 Tons And $48.62 7A 3C 8P Under King Power Equipment Operators Cranes: Friction 100 Tons Through $53.01 7A 3C 8P P 199 Tons f King Power Equipment Operators Cranes: Friction Over 200 Tons $53.57 7A 3C 8P King Power Equipment Operators Cranes: Over 300 Tons Or 300'Of $53.57 7A 3C 8P q Boom (including Jib With f Attachments) King Power Equipment Operators Cranes: Through 19 Tons With $50.98 7A 3C 8P Attachments A-frame Over 10 Tons ' King Power Equipment Operators Crusher $51.40 7A 3C 8P King Power Equipment Operators Deck Engineer/deck Winches $51.40 7A 3C 8P j ! (power) King Power Equipment Operators Derricks, On Building Work $51.89 7A 3C 8P jKing Power Equipment Operators Dozer Quad 9, HD 41, D10 and $51.89 7A 3C SP + Over King Power Equipment Operators Dozers D-9 Et Under $50.98 7A 3C 8P King Power Equipment Operators Drill Oilers: Auger Type, Truck Or $50.98 7A 3C 8P i Crane Mount i jKing Power Equipment Operators Drilling Machine $51.40 7A 3C 8P King Power Equipment Operators Elevator And Man-lift: Permanent $48.62 7A 3C 8P And Shaft Type King Power Equipment Operators Finishing Machine, Bidwell And $51.40 7A 3C 8P Gamaco &Similar Equipment King Power Equipment Operators Forklift: 3000 Lbs And Over With $50.98 7A 3C 8P Attachments King Power Equipment Operators Forklifts: Under 3000 Lbs. With $48.62 7A 3C 8P Attachments !King Power Equipment Operators Grade Engineer: Using Blue Prints, $51.40 7A 3C 8P Cut Sheets, Etc King Power Equipment Operators Gradechecker/stakeman $48.62 7A 3C 8P j !King Power Equipment Operators Guardrail Punch $51.40 7A 3C 8P j jKing Power Equipment Operators Guardrail Punch/Auger $51.40 7A 3C 8P King Power Equipment Operators Hard Tail End Dump Articulating $51.89 7A 3C 8P Off- Road Equipment 45 Yards. lit f 1 Over jKing Power Equipment Operators Hard Tail End Dump Articulating $51.40 7A 3C 8P I Off-road Equipment Under 45 i Yards !King Power Equipment Operators Horizontal/directional Drill $50.98 7A 3C 8P ' I Locator j jKing Power Equipment Operators Horizontal/directional Drill $51.40 7A 3C 8P Operator jKing Power Equipment Operators Hydralifts/boom Trucks Over 10 $50.98 7A 3C 8P Tons j King Power Equipment Operators Hydralifts/boom Trucks, 10 Tons $48.62 7A 3C 8P And Under 3 litlps://foil ress.wa.gov/Ini/wagelookup/pry W agelookup.asl)x 4/12/2013 Page 9 of 17 King Power Equipment Operators Loader, Overhead 8 Yards. Ft Over $52.44 7A 3C 8P `King Power Equipment Operators Loader, Overhead, 6 Yards. But $51.89 7A 3C 8P Not Including 8 Yards ; King Power Equipment Operators Loaders, Overhead Under 6 Yards $51.40 7A 3C 8P King Power Equipment Operators Loaders, Plant Feed $51.40 7A 3C 8P j King Power Equipment Operators Loaders: Elevating Type Belt $50.98 7A 3C 8P j King Power Equipment Operators Locomotives, All $51.40 7A 3C 8P King Power Equipment Operators Material Transfer Device $51.401 7A 3C 8P (King Power Equipment Operators Mechanics, All (leadmen - $0.50 $52.44 7A 3C 8P Per Hour Over Mechanic) jKing Power Equipment Operators Mixers: Asphalt Plant $51.40 7A 3C 8P j King Power Equipment Operators Motor Patrol Grader- Non- $50.98 7A 3C 8P finishing E King Power Equipment Operators Motor Patrol Graders, Finishing $51.89 7A 3C 8P King Power Equipment Operators Mucking Machine, Mole, Tunnel $51.89 7A 3C 8P j Drill, Boring, Road Header And/or Shield I King Power Equipment Operators Oil Distributors, Blower $48.62 7A 3c 8P Distribution Ft Mulch Seeding Operator King Power Equipment Operators Outside Hoists (elevators And $50.98 7A 3C 8P Manlifts), Air Tuggers,strato f jKing Power Equipment Operators Overhead, Bridge Type Crane: 20 $51.40 7A 3C 2P Tons Through 44 Tons j King Power Equipment Operators Overhead, Bridge Type: 100 Tons $52.44 7A 3C 8P And Over i King Power Equipment Operators Overhead, Bridge Type: 45 Tons $51.89 7A 3C SP l Through 99 Tons King Power Equipment Operators Pavement Breaker $48.621 7A 3C 8P lKing Power Equipment Operators Pile Driver (other Than Crane $51 40 7A 3C SP Mount) King Power Equipment Operators Plant Oiter - Asphalt, Crusher $50.98 7A 3C 8P King Power Equipment Operators Pesthole Digger, Mechanical $48.62 7A 3C 8P 9 King Power Equipment Operators Power Plant $48.62 7A 3C 8P f j King Power Equipment Operators Pumps - Water $48.62 7A 3c SP f j King Power Equipment Operators Quad 9, Hd 41, D10 And Over $51.89 7A 3C 8P j King Power Equipment Operators Quick Tower - No Cab, Under 100 $48.62 7A 3C 8P J Feet In Height Based To Boom {King Power Equipment Operators Remote Control Operator On $51.89 7A 3C SP i Rubber Tired Earth Moving i Equipment 111 King Power Equipment Operators Rigger And Bellman $48.62 7A 3C SP King Power Equipment Operators Rollagon $51.89 7A 3C 8P King Power Equipment Operators Roller, Other Than Plant Mix $48.62 7A 3C 8P King Power Equipment Operators Roller, Plant Mix Or Multi-lift $50.98 ZA 3C 8P f Materials I (King Power Equipment Operators Roto-mill, Roto-grinder $51.40 7A 3C 8P !King IPower Equipment Operators Saws - Concrete $50.98 7A 3C 8P i litips://forti-ess.wa.gov/Iilihvage lookup/prvWagelookup.aspx 4/12/2013 Page 10 of 17 jKing Power Equipment Operators Scraper, Self Propelled Under 45 $51.40 7A 3C 8P I Yards King Power Eauioment Operators Scrapers - Concrete Et Carry All $50.98 7A 3C 8P King Power Eouipment Operators Scrapers, Self-propelled: 45 Yards $51.89 7A 3C 8P And Over IKing Power Equipment Operators Service Engineers - Equipment $50.98 7A 3C 8P r IKing Power Eauipment Operators Shotcrete/gunite Equipment $48.62 7A 3C 8P I King Power Equipment Operators Shovel , Excavator, Backhoe, $50.98 7A 3C 8P Tractors Under 15 Metric Tons. King Power Equipment Operators Shovel, Excavator, Backhoe: Over $51.89 7A 3C 8P (( 30 Metric Tons To 50 Metric Tons King Power Equipment Operators Shovel, Excavator, Backhoes, $51.40 7A 3C 8P Tractors: 15 To 30 Metric Tons j :King Power Equipment Operators Shovel, Excavator, Backhoes: $52.44 7A 3C 8P Over 50 Metric Tons To 90 Metric Tons ' IKing Power Equipment Operators Shovel, Excavator, Backhoes: $53.01 7A 3C 8P Over 90 Metric Tons { King Power Equipment Operators Slipform Pavers $51.89 7A 3C 8P j IKing Power Equipment Operators Spreader, Topsider a Screedman $51.89 7A 3C 8P j King Power Equipment Operators Subgrader Trimmer $51.40 7A 3C 8P j King Power Equipment Operators Tower Bucket Elevators $50.98 7A 3C 8P King Power Equipment Operators Tower Crane Over 175'in Height, $53.01 7A 3C 8P Base To Boom � 'King Power Equipment Operators Tower Crane Up To 175' In Height $52.44 7A 3C 8P Base To Boom i King Power Equipment Operators Transporters, All Track Or Truck $51.89 7A 3C 8P Type jKing Power Eauioment Operators Trenching Machines $50.98 7A 3C 8P i King Power Equipment Operators Truck Crane Oiler/driver - 100 $51.40 7A 3C 8P Tons And Over ;King Power Equipment Operators Truck Crane Oiler/driver Under $50.98 7A 3C 8P f j I 100 Tons ; King Power Equipment Operators Truck Mount Portable Conveyor $51.40 7A 3C SP [ — I King Power Eouipment Operators Welder $51.89 7A 3C 8P j King Power Equipment Operators Wheel Tractors, Farman Type $48.62 7A 3C 8P IKing I Power Equipment Operators Yo Yo Pay Dozer $51.40 7A 3C BE ,King Power Eauioment Operators- Asphalt Plant Operators $51.89 7A 3C 8P i Underground Sewer B Water j King Power Equipment Operators- Assistant Engineer $48.62 7A 3C 8P i j Underground Sewer Et Water IKing Power Equipment Operators- Barrier Machine (zipper) $51.40 7A 3C 8P ? Underground Sewer 8 Water I King Power Equipment Operators- Batch Plant Operator, Concrete $51.40 7A 3C 8P j Underground Sewer Et Water ;King Power Equipment Operators- Bobcat $48.62 7A 3C 8P Underground Sewer Et Water j i King Power Equipment Operators- Brokk - Remote Demolition $48.62 7A 3C 8P littps://fortress.wa.gov/lni/wagclookup/prvWagelookup.aspx 4/12/2013 Page 11 of 17 Underground Sewer Ft Water Equipment : iKing Power Equipment Operators- Brooms $48.62 7A 3C 8P i Underground Sewer B:Water King Power Equipment Operators- Bump Cutter $51.40 7A 3C 8P I Underground Sewer B:Water !King Power Equipment Operators- Cableways $51.89 7A 3C 8P Underground Sewer £t Water King Power Equipment Operators- Chipper $51.40 7A 3C 8P ' i Underground Sewer It Water ? King Power Equipment Operators- Compressor $48.62 7A 3C 8P Underground Sewer£t Water j King Power Equipment Operators- Concrete Pump: Truck Mount With $51.89 7A 3C SP i Underground Sewer B Water Boom Attachment Over 42 M ! 'King Power Equipment Operators- Concrete Finish Machine -laser $48.62 7A 3C 8P Underground Sewer @ Water Screed i King Power Equipment Operators- Concrete Pump- Mounted Or $50.98 7A 3C SP Underground Sewer£t Water Trailer High Pressure Line Pump, Pump High Pressure. I 'King Power Equioment Operators- Concrete Pump: Truck Mount With $51.40 7A 3C 8P Underground Sewer B. Water Boom Attachment Up To 42m =King Power Equipment Operators- Conveyors $50.98 7A 3C 8P Underground Sewer Et Water ;King Power Equipment Operators- Cranes: 20 Tons Through 44 Tons $51.40 7A 3C 8P Underground Sewer Et Water With Attachments King Power Equipment Operators- Cranes: 20 Tons Through 44 Tons $51.40 7A 3C 8P Underground Sewer Et Water With Attachments Overhead, Bridge Type Crane: 20 Tons Through 44 Tons I King Power Equipment Operators- Cranes: 100 Tons Through 199 $52.44 7A 3C 8P ' Underground Sewer B Water Tons, Or 150'Of Boom (including ( Jib With King Power Equipment Operators- Cranes: 200 Tons To 300 Tons, Or $53.01 7A 3C 8P Underground Sewer B Water 250'Of Boom (including Jib With Attachments) !King Power Equipment Operators- Cranes: 45 Tons Through 99 Tons, $51.89 ZA 3C 2P Underground Sewer Et Water Under 150'Of Boom (including Jib With Attachments) I King Power Equipment Operators- Cranes: A-frame - 10 Tons And $48.62 7A 3C SP Underground Sewer Et Water Under 'King Power Equipment operators- Cranes: Friction 100 Tons Through $53.01 7A 3C 8P Underground Sewer Et Water 1199 Tons !King Power Equipment Operators- Cranes: Friction Over 200 Tons $53.57 7A 3C 8P Underground Sewer 8-Water King Power Equipment Operators- Cranes: Over 300 Tons Or 300'Of $53.57 7A 3C 8P E Underground Sewer ft Water Boom (including Jib With j Attachments) King Power Equipment Operators- Cranes: Through 19 Tons With $50.98 7A 3C 8P Underground Sewer Et Water Attachments A-frame Over 10 f j Tons King Power Equipment Operators- Crusher $51.40 7A 3C 8P Underground Sewer B Water I I https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 4/12/2013 Page 12 of 17 GKing Power Equipment Operators- Deck Engineer/deck Winches $51.40 7A 3C 8P Underground Sewer Et Water (power) jKing Power Equipment Operators- Derricks, On Building Work $51.89 7A 3C 8P Underground Sewer it Water (King Power Equipment Operators- Dozer Quad 9, HD 41, D10 and $51.89 7A 3C 8P t Underground Sewer it Water Over j King Power Equipment Operators- Dozers D-9 a Under $50.98 7A 3C 8P j Underground Sewer IWater iKing Power Equipment Operators- Drill Oilers: Auger Type, Truck Or $50.98 7A 3C 8P I Underground Sewer Ft Water Crane Mount jKing Power Equipment Operators- Drilling Machine $51.40 7A 3C 8P Underground Sewer Ft Water King Power Equipment Operators- Elevator And Man-lift: Permanent $48.62 7A 3C 8P ' Underground Sewer Et Water And Shaft Type King Power Equipment Operators- Finishing Machine, Bidwell And $51.40 7A 3C 8P Underground Sewer Ft Water Gamaco Ft Similar Equipment jKing Power Equipment Operators- Forklift: 3000 Lbs And Over With $50.98 7A 3C 8P Underground Sewer Ft Water Attachments 'King Power Eauipment Operators- Forklifts: Under 3000 Lbs. With $48.62 7A 3C 8P Underground Sewer Ft Water Attachments King Power Equipment Operators- Grade Engineer: Using Blue Prints, $51.40 7A 3C 8P J Underground Sewer ft Water Cut Sheets, Etc King Power Equipment Operators- Gradechecker/stakeman $48.62 7A 3C 8P Underground Sewer 8 Water f iKing Power Equipment Operators- Guardrail Punch $51.40 7A 3C 8P Underground Sewer e Water King Power Equipment Operators- Guardrail Punch/Auger $51.40 7A 3C 8P i Underground Sewer Et Water iKing Power Equipment Operators- Hard Tail End Dump Articulating $51.89 7A 3C 8P Underground Sewer Et Water Off- Road Equipment 45 Yards. Et Over King Power Equipment Operators- Hard Tail End Dump Articulating $51.40 7A 3C BP f Underground Sewer Ft Water Off-road Equipment Under 45 I Yards King Power Equipment Operatots- Horizontal/directional Drill $50.98 7A 3C 8P I Underground Sewer 8 Water Locator I {King Power Equipment Operators- Horizontal/directional Drill $51.40 7A 3C 8P Underground Sewer Et Water Operator King Power Equipment Operators- Hydralifts/boom Trucks Over 10 $50.98 7A 3C 8P j Underground Sewer Et Water Tons King Power Equipment Operators- Hydralifts/boom Trucks, 10 Tons $48.62 7A 3C 8P Underground Sewer Ft Water And Under iKing Power Equipment Operators- Loader, Overhead 8 Yards. Ft Over $52.44 7A 3C 8P I Underground Sewer 8 Water jKing Power Equipment Operators- Loader, Overhead, 6 Yards. But $51.89 7A 3C 8P j Underground Sewer Ft Water Not Including 8 Yards King Power Equipment Operators- Loaders, Overhead Under 6 Yards $51.40 7A 3C 8P j j Underground Sewer 8 Water i i King Power Equipment Operators- Loaders, Plant Feed $51.40 7A 3C 8P E Underground Sewer &Water i littps://fortress.wa.gov/liiihvagclookup/prvWagelookup.aspx 4/12/2013 Page 13 of 17 iKing Power Equipment Operators- Loaders: Elevating Type Belt $50.98 7A 3C SP 1 Underground Sewer Et Water !King Power Equipment Operators- Locomotives, All $51.40 7A 3C 8P ' E Underground Sewer & Water King Power Equipment Operators- Material Transfer Device $51.40 7A 3C 8P i Underground Sewer Et Water E King Power Equipment Operators- Mechanics, All (leadmen - $0.50 $52.44 7A 3C 8P Underground Sewer Et Water Per Hour Over Mechanic) King Power Equipment Operators- Mixers: Asphalt Plant $51.40 7A 3C 8P Underground Sewer 8: Water i King Power Equipment Operators- Motor Patrol Grader - Non- $50.98 7A 3C 8P Underground Sewer 8 Water finishing King Power Equipment Operators- Motor Patrol Graders, Finishing $51.89 7A 3C 8P Underground Sewer 8 Water King Power Equipment Operators- Mucking Machine, Mole, Tunnel $51.89 7A 3C 8P € Underground Sewer ft Water Drill, Boring, Road Header And/or { Shield ]King Power Equipment Operators- Oil Distributors, Blower $48.62 7A 3C 8P Underground Sewer Et Water Distribution 8 Mulch Seeding !i{ Operator King Power Equipment Operators- Outside Hoists (elevators And $50.98 7A 3C 8P Underground Sewer Et Water Manlifts), Air Tuggers,strato King Power Equipment Operators- Overhead, Bridge Type Crane: 20 $51.40 7A 3C 8P Underground Sewer f:Water Tons Through 44 Tons King Power Equipment Operators- Overhead, Bridge Type: 100 Tons $52.44 7A 3C 8P c j Underground Sewer 8:Water And Over f King Power Equipment Operators- Overhead, Bridge Type: 45 Tons $51.89 7A 3C 8P ! Underground Sewer @ Water Through 99 Tons King Power Equipment Operators- Pavement Breaker $48.62 7A 3C 8P 1 Underground Sewer 8: Water iKing Power Equipment Operators- Pile Driver (other Than Crane $51.40 7A 3C 8P I Underground Sewer 8 Water Mount) iKing Power Equipment Operators- Plant Oiler - Asphalt, Crusher $50.98 7A 3C 8P € Underground Sewer 8 Water King Power Equipment Operators- Posthole Digger, Mechanical $48.62 7A 3C BP ! Underground Sewer Fi Water King Power Equipment Operators- Power Plant $48.62 7A 3C 8P + s Underground Sewer ft Water King Power Equipment Operators- Pumps - Water $48.62 7A 3C 8P E Underground Sewer Ft Water !King Power Equipment Operators- Quad 9, Hd 41, D10 And Over $51.89 7A 3C 8P I Underground Sewer ft Water King Power Equipment Operators- Quick Tower- No Cab, Under 100 $48.62 7A 3C 8P Underground Sewer 8 Water Feet In Height Based To Boom { King Power Equipment Operators- Remote Control Operator On $51.89 7A 3C 8P Underground Sewer 8 Water Rubber Tired Earth Moving Equipment iKing Power Equipment Operators- Rigger And Bellman $48.62 7A 3C BP Underground Sewer ft Water (King Power Equipment Operators- Rollagon $51.89 7A 3c 8P I littps:Hfoi-ti-ess.wa.gov/liii/wagelookL[P/prvWagelookL[]).aspx 4/12/2013 Page 14 of 17 Underground Sewer 8 Water King Power Equipment Operators- Roller, Other Than Plant Mix $48.62 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Roller, Plant Mix Or Multi-lift $50.98 7A 3C 8P Underground Sewer 8 Water Materials King Power Equipment Operators- Roto-mill, Roto-grinder $51.40 7A 3C 8P Underground Sewer 8 Water King Power Equipment Operators- Saws - Concrete $50.98 7A 3C 8P ` Underground Sewer 8 Water !King Power Equipment Operators- Scraper, Self Propelled Under45 $51.40 7A 3C 8P `I Underground Sewer It Water Yards King Power Equipment Operators- Scrapers - Concrete Et Carry All $50.98 7A 3C 8P { Underground Sewer &Water {King Power Equipment Operators- Scrapers, Self-propelled: 45 Yards $51.89 7A 3C 8P 3 I Underground Sewer ft Water And Over King Power Equipment Operators- Service Engineers - Equipment $50.98 7A 3C 8P f Underground Sewer fi Water King Power Equipment Operators- Shotcrete/gunite Equipment $48.62 7A 3C 8P Underground Sewer &Water j King Power Equipment Operators- Shovet , Excavator, Backhoe, $50.98 7A 3C 8P Underground Sewer fl Water Tractors Under 15 Metric Tons. King Power Equipment Operators- Shovel, Excavator, Backhoe: Over $51.89 7A 3C 8P Underground Sewer ft Water 30 Metric Tons To 50 Metric Tons i King Power Equipment Operators- Shovel, Excavator, Backhoes, $51.40 7A 3C 8P Underground Sewer a Water Tractors: 15 To 30 Metric Tons King Power Equipment Operators- Shovel, Excavator, Backhoes: $52.44 7A 3C 8P Underground Sewer 8 Water Over 50 Metric Tons To 90 Metric Tons King Power Equipment Operators- Shovel, Excavator, Backhoes: $53.01 7A 3c 8P Underground Sewer Et Water Over 90 Metric Tons King Power Equipment Operators- Stipform Pavers $51.89 7A 3C 8P Underground Sewer 8 Water King Power Equipment Operators- Spreader, Topsider ft Screedman $51.89 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Subgrader Trimmer $51.40 7A 3C 8P Underground Sewer 8 Water King Power Equipment Operators- Tower Bucket Elevators $50.98 7A 3C 8P i Underground Sewer a Water King Power Equipment Operators- Tower Crane Over 175'in Height, $53.01 7A 3C 8P Underground Sewer 13 Water Base To Boom King Power Equipment Operators- Tower Crane Up To 175' In Height $52.44 7A 3C 8P Underground Sewer @ Water Base To Boom ;King Power Equipment Operators- Transporters, Alt Track Or Truck $51.89 7A 3C SP 8 Underground Sewer 8 Water Type King Power Equipment Operators- Trenching Machines $50.98 7A 3C 8P ' Underground Sewer It Water King Power Equipment Operators- Truck Crane Oiler/driver - 100 $51.40 7A 3C BE underground Sewer Et Water Tons And Over I j King Power Equipment Operators- Truck Crane Oiler/driver Under $50.98 7A 3C 8P Underground Sewer B Water 100 Tons lit[ps:Hf oils ess.wa,gov/I ni/wagel oolcup/pry W agelookup.aspx 4/12/2013 Page 15 of 17 King Power Equipment Operators- Truck Mount Portable Conveyor $51.40 7A 3C 8P Underground Sewer Ft Water King Power Eauipment Operators- Welder $51.89 7A 3C 8P Underground Sewer Ft Water King Power Equipment Operators- Wheel Tractors, Farman Type $48.62 7A 3C 8P ?i Underground Sewer&Water u I King Power Equipment Operators- Yo Yo Pay Dozer $51.40 7A 3C BE Underground Sewer ft Water King Power Line Clearance Tree Journey Level In Charge $42.91 5A 4A i Trimmers iKing Power Line Clearance Tree Spray Person $40.73 5A 4A 1f Trimmers t 1 King Power Line Clearance Tree Tree Equipment Operator $41.29 5A 4A Trimmers King Power Line Clearance Tree Tree Trimmer $38.38 5A 4A Trimmers @ King Power Line Clearance Tree Tree Trimmer Groundperson $28.95 5A 4A Trimmers King Refrigeration ft Air Conditioning Journey Level $70.46 6Z 1G Mechanics King Residential Brick Mason Journey Level $49.07 5A 1M !King Residential Carpenters Journey Level $28.20 1 ]King Residential Cement Masons Journey Level $22.64 1 King Residential Drywall Applicators Journey Level $38.60 5D 1M l King Residential Drvwall Tapers Journey Level $49.79 5P 1 E j King Residential Electricians JOURNEY LEVEL $30.44 1 King Residential Glaziers Journey Level $35.10 7L 1H !King Residential Insulation Applicators Journey Level $26.28 1 (King Residential Laborers Journey Level $23.031 1 King Residential Marble Setters Journey Level $24.091 1 jKing Residential Painters Journey Level $24.46 1 )King Residential Plumbers t3 Journey Level $34.69 1 Pipefitters !King Residential Refrigeration It Air Journey Level $70.46 6Z 1G ( Conditioning Mechanics j King Residential Sheet Metal Workers Journey Level (Field or Shop) $41.30 7F 1R ! King Residential Soft Floor Lavers Journey Level $41.781 5A 3D Wng Residential Sprinkler Fitters (Fire Journey Level $40.81 5C ZR i ! Protection) King Residential Stone Masons Journey Level $49.07 5A 1M King Residential Terrazzo Workers Journey Level $45.43 5A 1M 3 King Residential Terrazzo/Tile Journey Level $21.46 1 Finishers King Residential Tile Setters Journey Level $25.17 1 ! ,King Roofers Journey Level $43.90 5A 1R ! King Roofers Using Irritable Bituminous $46.90 5A 1R Materials E King Sheet Metal Workers Journey Level (Field or Shop) $68.52 7F 1E httl)s:H fortress.wa.gov/lni/wagelookuP/prvWagelookup.aspx 4/12/2013 Page 16 of 17 (King Shipbuilding, & Shin Repair Boilermaker $39.661 7M 1H ;King Shipbuilding,8 Ship Repair Carpenter $38.24 70 36 ;King Shipbuilding Et Ship Renal r Electrician $37.82 70 3B King Shipbuilding Et Ship Repair Heat Et Frost Insulator $56.93 5J 1S t ;King Shipbuilding Et Ship Repair Laborer $36.78 70 3B f King Shipbuilding Ft Ship Repair Machinist $37.81 70 313 r King Shipbuilding & Ship Repair Operator $40.15 70 3B King Shipbuilding Et Ship Repair Painter $37.811 70 3B i King Shipbuilding 8 Ship Repair Pipefitter $37.77 70 3B s King Shipbuilding Et Ship Repair Rigger $37.76 70 3B jKing Shipbuilding 8 Ship Repair Sandblaster $36.78 70 3B r !King Shipbuilding 8 Ship Renal r Sheet Metal $37.74 70 3B King Shipbuilding Et Ship Repair Shipfitter $37.76 70 3B King Shipbuilding &Shin Repair Trucker $37.61 70 36 King Shipbuilding ft Ship Repair Warehouse $37.651 70 3B King Shipbuilding Et Ship Repair Welder/Burner $37.761 70 3B i King Sign Makers 8 Installers Sign Installer $22.92 1 {Electrical) King Sien Makers Et Installers Sign Maker $21.36 1 (Electrical) King Sign Makers & Installers (Non- Sign Installer $27.28 1 Electrical) I`King Sign Makers Et Installers (Non- Sign Maker $33.25 1 I; Electrical `King Soft Floor Layers Journey Level $41.78 5A 3D King Solar Controls For Windows Journey Level $12.44 1 King Sprinkler Fitters (Fire Protection) Journey Level $69.59 5C 1X King Stage Rigging Mechanics (Non Journey Level. $13.23 1 jStructurall ' [King Stone Masons Journey Level $49.07 5A 1M King Street And Parking Lot Sweeper Journey Level $19.09 1 j Workers ' I ;King Surveyors Assistant Construction Site $50.98 7A 3C 8P Surveyor jKing Surveyors Chainman $50.46 7A 3C 813 King Surveyors Construction Site Surveyor $51.89 7A 3C 8P I King Telecommunication Technicians Journey Level $22.76 1 jKing Telephone Line Construction - Cable Splicer $35.09 5A 2B Outside lKing Telephone Line Construction - Hole Digger/Ground Person $19.22 5A 2B Outside 4King Telephone Line Construction - Installer (Repairer) $33.63 5A 2B Outside !King Telephone Line Construction - Special Aparatus Installer 1 $35.09 5A 2B j Outside ! King Telephone Line Construction - Special Apparatus Installer II $34.37 5A 2B Outside https:Hfoitfess.wa.goy/hii/wagelookup/prvWagelooktip.aspx 4/12/2013 Page 17 of 17 King Telephone Line Construction - Telephone Equipment Operator $35.09 5A 2B 4 Outside (Heavy) King Telephone Line Construction - Telephone Equipment Operator $32.62 5A 2B Outside (Light) King Telephone Line Construction - Telephone Lineperson $32.62 5A 26 Outside King Telephone Line Construction - Television Groundperson $18.65 5A 2B Outside King Telephone Line Construction - Television Lineperson/Installer $24.66 5A 2B Outside (King Telephone Line Construction - Television System Technician $29.42 5A 2B Outside j King Telephone Line Construction - Television Technician $26.43 5A 2B k Outside j King Telephone Line Construction - Tree Trimmer $32.95 5A 2B Outside I r King Terrazzo Workers Journey Level $45.43 5A 1M it King Tile Setters Journey Level $21.65 1 King Tile. Marble Et Terrazzo Finishers Finisher $37.76 5A 1B s King Traffic Control Stripers Journey Level $41.53 7A 1 K King Truck Drivers Asphalt Mix Over 16 Yards (W. $47.91 5D 3A 8L WA-Joint Council 28) King Truck Drivers Asphalt Mix To 16 Yards (W. WA- $47.07 5D 3A 8L Joint Council 28) i King Truck Drivers Dump Truck Et Trailer $47.91 SD 3A 81- King Truck Drivers Dump Truck (W. WA-Joint Council $47.07 5D 3A 8L 28) King Truck Drivers Other Trucks (W. WA-Joint $47.91 5D 3A 81- j Council 28) King Truck Drivers Transit Mixer $43.23 1 King Well Drillers a Irrigation Pump Irrigation Pump Installer $17.71 1 Installers ` I King Well Drillers & Irrigation Pump Oiler $12.97 1 ! Installers King Well Drillers rt Irrigation Pump Well Driller $18.00 1 Installers II I)ttps://fortress.wa.gov/lni/wagelookup/pi-vWagelookitp.aspx 4/12/2013 i I I Benefit Code Key—Effective 3-3-2013 thru 8-30-2013 Overtime Codes Overtime calculations are based on the hourly late aclually paid to the worker.On public works projects,the hourly tale must be not less than the prevailing late of wage minus the how ly rate of the cost of fringe benefits actually provided for the worker. I. ALL HOURS WORKED IN EXCESS OF EIGHT(8) HOURS PER DAY OR FORTY (40)HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-IIAL17 MIMES THE HOURLY RATE OF WAGE. B. All hours worked on Saturdays shall be paid atone and one-half tinres the hourly rate of wage All hours worked on Sundays and holidays shall be paid at double the howdy rate of wage. C. The first two(2)hours after eight(8)regular hours Monday through Friday and the first ten(10)hours on Saturday shall be paid at one and one-half times the hourly rate of wage. Alf other overtime hours and all hours worked on Sundays and holidays shall he paid at double the hourly late of wage. D. The first two(2)hours before or aller a five-eight(8)hour workweek day or a four-ten(10)hour wmkweck day and the f n A eight(8)hums worked the next day after either workweek shall be paid atone and one-half times the hourly rate ofwage.All additional hours worked and all worked on Sundays and holidays shall be paid at double the hourly rate of wage. E. The first two(2)hours after eight(8)regular hours Monday through Friday and the first eight(8)hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. F The Post two(2)hours after eight(8)regular hours Monday through Friday and the first ten(10)hours on Saturday shall be paid atone and one-half times the hourly rate of wage.All other overtime hours worked,except Labor Day, shall be paid at double the howly tale of wage. All hours worked on Labor Day shall be paid at three limes the hourly rate of wage. G. The first ten (10)hours worked on Saturdays and the first ten (10) howl worked on a fifth calendar weekday in a fmr-ten hour schedule,shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess often(10)hours per day Monday through Saturday and all hours wor'kcd on Sundays and holidays shall be paid at double the hourly rate of wage. H. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions or equipment breakdown)shall be paid at one and one-half times the hourly rate of wage. All hours worked Monday through SaWiday over twelve(12) bows and all hours worked on Sundays and holidays shall be paid at double the how ly late of wage 1. All horns worked on Sundays and holidays shall also be paid at double the hourly rate of wage. J. The first two(2)hours after eight(8)regular hours Monday through Friday and the first ten(10)hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked over ten (10) hours Monday through Saturday,Sundays and holidays shall be paid at double the hourly rate of wage. K. All hours worked on Saturdays and Sundays shall be paid at one and one-half times the hourly rate of wage. All hums worked on holidays shall be paid at double the hourly rate of wage. i M. All hops worked on Saturdays (except makeup days it work is lost due to inclement wcadrer conditions)shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. 1 Benefit Code Key—Effective 3-3-2013 thru 8-30-2013 I N. All hunts worked on Saturdays (except makeup days) shall be paid at one and one-half times the hourly talc of wage.All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. I O. The first ten (10) hours worked on Saturday shall be paid at one and one-half limes the hourly rate of wage. All i hours worked on Sundays,holidays and after twelve(12)hours,Monday through Friday and after ten(10)hours on Saturday shall be paid at double the hourly rate of wage. P All hours worked on Saturdays(except makeup day's if circumstances warrant)and Sundays shall he paid at one and one-half times the hourly late of wage.All horns worked on holidays shall be paid at double the hourly rate of wage. Q. The first two (2) hours after eight (8) regular hours Monday through Friday and up to ten (10) hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of ten (10) hours per day Monday through Saturday and all hours worked on Sundays acrd holidays(except Christmas day)shall be paid at double the hourly late of wage. All hours waked on Chistmas day shall be paid at two and one-half limes the hourly rate of wage. R. All hours vwo ked on Sundays and holidays shall be paid at two times the hour ly rate of wage. i S. The first two(2)hours after eight(8)regular hours Monday through Friday and the first eight(8)hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays and all other , overtime hours worked, except Labor Day, shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at tlu cc times the hourly rate of wage. U. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage.All hours worked on Sundays and holidays(except Labe Day)shall be paid at two times the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. V All hours worked on Sundays and holidays except Thanksgiving Da' and Christmas day) shall be aid at one and 7 ) ( 1 6 b > >)• P I one-half times the hourly rate of wage.All hours worked of Thanksgiving Day and Christmas clay shall he paid at double the hourly rate of wage. W. All hours worked on Saturdays and Sundays (except make-up days due to conditions beyond the control of the j employer)) shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. X. The first four (4) hours after eight (8) regular hours Monday through Friday and the lrst twelve (12) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked over twelve(12)hours Monday through Saturday,Sundays and holidays shall be paid at double the hourly role of wage When holiday falls on Saturday or Sunday,the day before Saturday,Friday,and the tiny:after Sunday,Monday,shall be considered the holiday and all work performed shall be paid at double the hourly rate of wage. Y, All hours worked outside the hours of 5:00 am and 5:00 pill (m'such other hours as may be agreed upon by any employer and the employee)and all hours worked in excess of eight(8)hours per day(10 hours per day for a 4 x 10 workweek)and on Saturdays and holidays(except label day)shall be paid at one and one-half times the hourly rate of wage. (except for employees who are absent from work without prior approval on it scheduled workday during j Ore workweek shall be paid at the straight-time rate until they have worked 8 hours in a day (10 in a 4 x 10 workweek)or 40 hours during that workweek.)All hours winked Monday through Saturday over twelve(12)hours and all hours walked on Sundays and Labor llay shall he paid indelible the hourly rate of wage. Z. All hours worked on Saturdays and Sundays shall be paid atone and one-half times the hourly rate of wage.All hours worked on holidays shall be paid the straight time r ate of pay in addition to holiday pay. 2 Benefit Code Key—Effective 3-3-2013 thru 8-30-2013 2 ALL HOURS WORKED IN EXCESS OF EIGHT(8)HOURS PER DAY OR FORTY(40)HOURS PER WEEK SHALL. BE PAID AT ONE AN13 ONE-HALF TIMES THE HOURLY RATE OF WAGE. B. All hours worked on holidays shall be paid at one and one-half limes the hourly rate of wage. C. All hours worked on Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at two times the hourly rate of wage. F The first eight(8)hours worked on holidays shall be paid at the straight hourly rate of wage in addition to the holiday pay.All hours worked in excess of eight(8)hours on holidays shall be paid at double the hourly late of wage. G. All hours worked on Sunday shall be paid at two times the hourly rate of wage.All hours worked on paid holidays shall be paid at two and one-half times the hourly rate of wage including holiday pay I Il. All hours worked on Sunday shall be paid at two times the how ly rate of wage. All bout s worked on holidays shall he paid atone and one-half times the hourly rate of wage. K. All hoots worked on holidays shall be paid at two times the hourly tale of wage in addition to the holiday pay O. All hours worked on Sundays and holidays shall be paid at one and one-half times the)sourly rate of wage. R. All hows worked on Sundays and holidays and all bows worked over sixty(60)in one week shall be paid at double the hourly sate of wage. U. All hours worked on Saturdays shall he paid at one and one-half limes the how ly into of wage.All hours wot'ked over 12 hours in a day or on Sundays and holidays shall be paid at double the hourly rate of wage. W The first two(2)bouts after eight(8)regular hours Monday 1111 OUgh Friday and the first eight(8)hours on Saturday shall he paid atone and one-half times the hourly tale of wage. All other hours wo ked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. On a four-day, ten-hour weekly schedule,either Monday thru Thursday or Tuesday thru Friday schedule,all hows worked after ten shall be paid at double the hourly rate of wage.The first eight(8)hours worked on the fifth day shall be paid atone and one-half tines the hourly rate of wage.All other horns waked on the fifth,sixth,and seventh days and on holidays shall be paid at double the houry rate of wage. Y. All hours was ked on Saturdays(except for make-up days)shall be paid at one and one-half times the hourly rate of ravage.All hours wo ked Monday through Saturday over twelve(12)hours and all hows wo ked on Sundays an([ holidays shall be paid at double the hourly rate of wage. 3. ALL HOURS WORKED IN EXCESS OF EIGFrf(8)HOURS PER DAY OR FORTY(40)HOURS 1117R WEEK SHALL BE PAID ATONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. A. Wot k per fumed in excess of eight(8)hoots of straight time per day,or ten(10)hours of straight time per(lay when fine ten(10)lout shi lis at e established,or forty(40)hours of straight time per week,Monday through Friday,or outside the normal shift,and all work on Saturdays shall be paid at time and one-half the straight time rate.Hours wirkcd over twelve hours(12)in it single shift and all work perfornned after 6:00 pm Saturday to 6:00 am Monday and holidays shall be paid at double the straight time rate of pay Any shift starting between the Ihatus of 6:00 pm and midnight shall teccive an additional one dollar($1.00)per hour for all hours waked that shift The employer shall have the sole discretion to assign over time wok to employees.Primary consideration Ib1 overtime work shall be given to employees regularly assigned to the work to be performed on over time situations.Ancr an employee has winked eight(8)hours at an applicable overtime Late,all additional hours shall be at the applicable overshoe rate until such time as the employee has had a break of eight(8)hows or name. 3 Benefit Code Key—Effective 3-3-2013 thru 8-30-2013 3. B. The first four(4)hours after eight(8)regular hours Monday through Friday and the first twelve(12)hours nn Saturday shall be paid at one and one-half times the hourly rate of gage.All hours worked over twelve(12)hours Monday through Saturday,and all hunts worked on Sundays and holidays shall be paid at double the hourly rate of wage. C. Work performed in excess of eight(8)hours of straight time per day,or tell(10)hours of straight time per day when for ten(10)hour'shifts are established,or forty(40)hours of straight time pet Aveek,Monday through Friday,of outside the normal shift,and all work on Saturdays shall be paid at one and one-half times the hourly rate of wage. All work performed after 6:00 pm Saturday to 5:00 am Monday and Holidays shall be paid at double the how ly rate of wage.After an employee has worked eight(8)hours at an applicable overtime rate,all additional hors shall be at the applicable overtime rate until such time as the employee has had a break of eight(8)hours or mote. D. All hru s winked between 6:00 pm Monday through 6:00 am Saturday,shall be paid at an overtime rate of 15% over the hourly rate of wage.All other hours worked after 6:00 am on Saturdays,shall be paid at one and one-half times the hourly rate of wage.All hours wot ked on Sundays and holidays shall be paid at double the hourly late of wage. I F. All hours worked Sundays and holidays shall be paid at double the hourly rate of wage.Each week,once 40 hours of straight time work is achieved,then any hours winked over 10 hunts per day Monday through Saturday shall be paid at double the hourly wage rate. i G. Work performed in excess of eight(8)hour's of straight time per day,or ten(10)hours of straight time per day when j four ten(10)hour shifts are established,or forty(40)hours of straight time per week,Monday through Friday,,and all work on Saturdays shall be paid at time and one-half the straight time rate.Hours Worked over twelve hours(12) in a single shift and all wink performed after 8:00 am Sunday to 8:00;ail Monday and Holidays shall be paid at double the straight time rate of pay After an employee has worked eight(8)hours at an applicable overtime rate,all additional hows shall beat the applicable overtime rate until such time as the employee has had a break of eight(8) (tours or more. 4. ALL HOURS WORKED IN EXCESS OF EIGHT(8)FLOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE, A. All how's worked in excess of eight(8)hours per day or forty(40)hours per week shall be paid at double the hourly role of wage.All hows werkcd on Saturdays,Sundays and holidays shall be paid at double the lion ly rate of wage. Holidav Codes, i 5. A. Holidays: New Year's Day, Memorial Dav, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day,and Christmas Day(7). B. Holidays: New Yca's Day, Memorial Day, Independence Day, Lahr Day, 'flianksgtving Day, Friday after Thanksgiving Day,the day before Christmas,and Chrishnas Day(8). C. Holidays: New Yeat's Day, 19esidenls' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday abet Thanksgiving Day,And Christmas Day(8). D holidays: New f'eat's Day, Mcmmial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day,And Christmas Day(8). H. I lolida}s:New Yew's Day,Memorial Day,Independence Day,Thanksgiving Day,the Day after Thanksgiving Day, And Christmas(6). 4 Benefit Code Key—Effective 3-3-2013 thru 8-30-2013 5. 1. Holidays:New Year's Day,Memorial Day, Independence Day, Labor Day,Thanksgiving Day,and Christmas Day (6). J. Holidays: New Year's Day, Memorial Day, Independence Day,Thanksgiving Day, Ft iday after Thanksgiving Day, Cluistums Eve Day,And Christmas Day(7). K. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday Alter Thanksgiving Day,The Day Before Christmas,And Ch istmas Day(9). L. holidays: New Year's Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,Friday Afler Thanksgiving Day,And Christmas Day(8). N holidays: New, t'ear's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, 'thanksgiving Day,The Fi iday After Thanksgiving Day,And dnistiois Day(9). P. Holidays:New Year's Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day,Friday And Saturday After Thanksgiving Day, The Day Before Christmas,And Christmas Day (9). if A Holiday Falls On Sunday, The Following Monday Shall Be Considered As A holiday Q. Paid Holidays: New Year's Day,Memorial Day,Independence Day, Labor Day,Thanksgiving Day,and Christmas Day(6). R. Paid Holidays: New t'eat's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving Day,One-Half Day Befoic Chi istmas Day,And Christmas Day (7 1/2). S. Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,And Christmas Day(7). T Paid Holidays. New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labo Day, Thanksgiving Day,The Friday After Thanksgiving Day, Christmas Day, And The Day Before Or After Chu istmas (9). Z. holidays: New Yea's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, 'Thanksgiving Day, the Friday after Thanksgiving Day,And Christmas Day(8), Holiday Codes Continued 6. A. Paid Holidays: New Yeat's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,The Friday Allei Thanksgiving Day,And Christmas Day(8). l I E. Paid holidays: New t'eat's Day, Day Before Or After New Year's Day, Pncsicicnts Day, Memorial Day, Independence Day,Labor Day, Thanksgiving Day, Day Alter Thanksgiving Day,Christmas Day,And A Half-Day On Christmas Eve Day (9 1/2). G. Paid Holidays:New Yeat's Day,Martin Luther King Jr.Day,Presidents'Day,Memorial Day,Independence Day, Labor Day,Veterans'Day,Thanksgiving Day,The Friday Aflei Thanksgiving Day,Christmas Day,And Christmas Eve Day,(11). II Paid Holidays: New Ye<n's Day, New Year's EVe Day, Memorial Day, Independence Day, Lahor Day, Thanksgiving Day, Friday After Thanksgiving Day, Christmas Day, The Day After Christmas, And A Floating I loliday(10). 1. Paid Holidays:New Year's Day,Memorial Day,Independence Day, Labor Day,'Thanksgiving Day,Friday After Thanksgiving Day,And Christmas Day(7). 5 Benefit Code Key—Effective 3-3-2013 thru 8-30-2013 6. T. Paid holidays: New Ye:u's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Frday Aftet Thanksgiving Day, The Lora Working Day Before Cluistmas Day, And Christmas Day(9). Z. Holidays:New Yeat's Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day,Friday after Thanksgiving Day, And Christmas Day (7). If a holiday falls on Satin day, the preceding Friday shall be considered as the holiday If a holiday tills on Sunday, the following Monday%hail be considered as the holiday. Holiday Codes Continued ! I i 7 A. holidays. New Year's Do),, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday And Saturday After Thanksgiving Day, And Christmas Day (8). Any Holiday Which Falls On A Sunday Shall Be Observed As A Tloliday On The Following Monday If any of the listed holidays falls on a Saturday,the preceding Friday shall be a regular woi k day ! i B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after'I'Imnksgiving Day,And Christmas Day(8).Any holiday Achich falls on a Sunday shall be observed as a holiday on the following Monday Any holiday which falls on a Saln'day shall be observed as a holiday on the prcccding Friday i C. Holidays: New Year's Day, Martin Luther King Jr Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Ftidav After Thanksgiving Day, And Christmas Day (8). Any holiday which falls on o Sunday shall be observed as a holiday on the following Monday Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday 1) Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). Unpaid Holidays: President's Day Any paid holiday which falls on a Sunday shall be observed as a holiday on the following Monday Any paid holiday which falls can Saturday shall be ohserved as a holiday on the preceding Ft iday ! B. Holidays. New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Cht istmas Day(7) Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday Anv holiday which falls on a Saturday shall be observed as a holiday on the prcccding Friday. 1' Holidays: New Year's Day, Memorial Day, Independence Day, Lahot Day, Thanksgiving Day, the Friday after Thanksgiving Day, the last working day before Christmas day and Christmas day(8).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday i G. Holidays:New Yeat's Day,Memorial Day, Independence Day, Labor Day,Thanksgiving Day,and Christmas Day (6).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday II Holidays: New Year's Day, Martin Luther King Jr Day, Independence Day, Mcmmial Day, Labor Day, Thanksgiving Day,the Friday after'Thanksgiving Day,the Last Working Day before Chi 1sunas Day and Christmas Day(9).Any holiday which falls nn a Sunday shall be observed as a holiday on the following Monday Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday 1, Holidays:New Year's Day,President's Day,Independence Day,Manor ial Day,Labor Day,Thanksgiving Day,The Friday After Thanksgiving Day, The Day Before Christmas Day And Christmas Day(9). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. 6 Benefit Code Key—Effective 3-3-2013 thru 8-30-2013 7 J. Holidays:New Year's Day,Independence Day,Memorial Day,Labor Day,"Thanksgiving Day and Chi istinas Day (6). Any holiday which falls on it Sunday shall be observed as a holiday on the following Monday Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. K. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day,And Christmas Day(8). Any holiday which falls on a Sunday%hall be observed as it holiday on the following Monday Any holiday which falls nn a Saturday shall be observed as a holiday on the preceding Friday L. Holidays: New Year's Day, Memorial Day, Lubin Day, Independence Day,Thanksgiving Day,the Last Work Day before Christmas Day,And Cluistmas Day(7).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday Any holiday which falls on it Saturday shall be observed as a holiday on the preceding Friday. M. Paid Holidays. New Year's Day, The Day after of before New Year's Day, ]'resident's Day, Memorial Day, Independence Day,Labor Day,Thanksgiving Day,the Friday after Thanksgiving Day,Christmas Day,And the Day J after or bclore Christmas Day ]0). Any holiday which falls on a Sunday shall be obscrvcd as a holiday on the following Monday.Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday N. Holidays: New Year's Day, Memorial Dap', Independence Day, Labor Day, Thanksgiving Dap, the Fiiday after Thanksgiving Day,And Christmas Day(7).Any holiday which falls on a Sunday shall be observed as it holiday on the following Monday When Christmas falls on a Saturday,the pieceding Friday shall be observed as a holiday O. Paid Holidays: New Year's Day, The Day After Or Befm'e New Year's Day, President's Day, Memorial Day, Independence Day, Labm Day,Thanksgiving Day, The Friday After Thanksgiving Day, Cluistmas Day, The Day After Or Before Christmas Day, And The Employees Birthday. l]). Any holiday which falls on a Sunday shall he observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday P. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day,And Christmas Day(7).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday I Q. Holidays: New Year's Day Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day,the Last Working Day before Christmas Day and Christmas Day(8). Any holiday which falls on a Sunday shall he obscrvcd as a holiday on the following Monday If any of the listed holidays falls on a Saturday, the preceding Friday shall be a regular work(lay. it. Paid Holidays:New t'ear's Day,the day after or before New Year's Day,Pi csident's Day,Memorial Day, Independence Day,Labor Day,Thanksgiving Day,the Friday after]Ila nksgiving Day,Christmas Day,and the day after or before Christmas Day(I0).If any of[he listed holidays fall on Saturday,the preceding Friday shall be observed as the holiday If any of the listed holidays falls on a Sunday,the day observed by the Nation shall be considered a holiday and compensated accordingly S. Paid Holidays.New Yen's Day,Mcnvm ml Day,Independence Day,Labor Day,Thanksgiving Day,Fi iday After Thanksgiving Day,Christmas Day,The Day After Christmas,And A Floating Holiday(9).If any of the listed holidays falls on a Sunday,the day observed by the Nation shall be considered a holiday and compensated accordingly 1 Note Codes I 8. A. In addition to the hourly wage and fringe benefits,the following depth premiums apply to depths of fifty feet or mutt: Over 50'To 100'-$2.00 per Foot f'or Each Foot Over 50 Feet Over 100'To 150'-$3.00 per Foot for Each Fool Over 100 Feet Ovci 150'To 220'-$4.00 per Foot for Each Fool Over 150 Feet Over 220'-$5.00 per Foot for Each Foot Over 220 Feet 7 i Benefit Code Key—Effective 3-3-2013 thru 8-30-2013 C. In addition to the hourly wage and fringe benefits,the following depth prerniunrs apply to depths of fifty feet or more: Over 50'To 100'-$1.00 per Foot for Each Foot Over 50 Feet Over 100'To 150'-$L5o pen Foot On Each Foot Over 100 Feet Over 150"I'o 200'-$2,00 per Fool for Each Foot Over 150 Feet Over 20(e-Divers May Name Their Oom Price D. Workeis working with supplied ah on hazmat projects receive an additional$1.00 per hour. L. Wakets on hazmat projects receive additional hourly premiums as follows-Level A.$0.75,Level B:$0.50,And Level C:$0.25. M. Wou kegs on hazmat projects receive additional hourly premiums as follows:Levels A &B:$1.00,Levels C&D: $0.50. N. Writ kets on hazmat projects receive additional hourly premiums i s follows-Level A.$1.00.Lcacl B:$0.75,Level C: $0.50,And Level D'$0.25. P. Woikeis on hazmat projects receive additional hourly premiums ne Hollows-Class A Suit:$2.00,Class E Suit: $1,50,Class C Suit:$1.00,And Class D Suit$0.50. Q. The higlrestpressure registered on the gauge loran accamulated time of more than fifteen(15)minutes during the shift shall be used in determining the scale paid. R. Effective August 31,2012—A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized.A Ttaftic Control Laborer performs the setup,maintenance and removal ol'all temporary traffic control devices and construction signs necessary to control vehicular,bicycle, and pedestrian traffic during conshvction opeuations.Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans of where directed by the Engineer.All Ilaggers and spouci s shall possess a current flagging card issued by the Slate of Washington,Oregon,Montana,or Idaho.'These classifications aue only effective on on after August 31,2012. S. Effective August 31,2012—A Tu aflic Control Supervisor shall be present on the project cvhenevet flagging ur spotting ur other haffre control labor is being utilized.Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans of whet e directed by the Engincei All Naggers and spotters shall possess a current flagging caud issued by the State of Washington,Oregon,Montana,or Idaho.This classification is only uITective un or after August 31,2012, T. Effective August 31,2012—A Traffic Control Laborer performs the setup,maintenance and removal of all , temporary haffic controf devices and construction signs necessary to control vehicular,bicycle,and pedesti ian traffic is de ing construction operations Flaggei s and Spotters shall be posted where shown on approved Traffic Control flans or where directed by the Engineer.All flaggers and spotters shall possess a current flagging card issued by the State of Washington,Oregon,Montana,at Idaho.'f his classification is only effective on m aflei August 31,2012. I 8 i Washington State Department of Labor and Industries Policy Statement (Regarding the Production of"Standard" or "Non-standard" Items) Below is the department's (State L&I's) list of criteria to be used in determining whether a prefabricated item is "standard" or "non-standard". For items not appearing on WSDOT's predetermined list, these criteria shall be used by the Contractor (and the Contractor's subcontractors, agents to subcontractors, suppliers, manufacturers, and fabricators) to determine coverage under RCW 39.12. The production, in the State of Washington, of non-standard items is covered by RCW 39.12, and the production of standard items is not. The production of any item outside the State of Washington is not covered by RCW 39.12. 1 Is the item fabricated for a public works project? If not, it is not subject to RCW 39 12. If it is, go to question 2. 2. Is the item fabricated on the public works jobsite? If it is, the work is covered under RCW 39 12. If not, go to question 3. i 3. Is the item fabricated in an assembly/fabrication plant set up for, and dedicated primarily to, the public works project? If it is, the work is covered by RCW 39 12. If not, go to question 4 4. Does the item require any assembly, cutting, modification or other fabrication by the supplier? If not, the work is not covered by RCW 39.12. If yes, go to question 5. 5. Is the prefabricated item intended for the public works project typically an inventory item which could reasonably be sold on the general market? If not, the work is covered by RCW 39.12. If yes, go to question 6. 6. Does the specific prefabricated item, generally defined as standard, have any unusual characteristics such as shape, type of material, strength requirements, finish, etc? If yes, the work is covered under RCW 39.12. I Any firm with questions regarding the policy, WSDOT's Predetermined List, or for determinations of covered and non-covered workers shall be directed to State L&I at (360) 902-5330 Supplemental to Wage Rates 1 03/03/2013 Edition, Published February 1 st, 2013 WSDOT's Predetermined List for Suppliers - Manufactures - Fabricator Below is a list of potentially prefabricated items, originally furnished by WSDOT to Washington State Department of Labor and Industries, that may be considered non- standard and therefore covered by the prevailing wage law, RCW 39 12. Items marked with an X in the "YES" column should be considered to be non-standard and therefore covered by RCW 39.12. Items marked with an X in the "NO" column should be considered to be standard and therefore not covered. Of course, exceptions to this general list may occur, and in that case shall be evaluated according to the criteria described in State and L&I's policy statement. ITEM DESCRIPTION YES NO 1, Metal rectangular frames, solid metal covers, herringbone grates, i and bi-directional vaned grates for Catch Basin Types 1, 1 L, 1 P, and 2 and Concrete Inlets. See Std. Plans X X 2. Metal circular frames (rings) and covers, circular grates, and prefabricated ladders for Manhole Types 1, 2, and 3, X Drywell Types 1, 2, and 3 and Catch Basin Type 2. See Std. Plans 3. Prefabricated steel grate supports and welded grates, metal frames and dual vaned grates, and Type 1, 2, and X 3 structural tubing grates for Drop Inlets. See Std. Plans. 4. Concrete Pipe- Plain Concrete pipe and reinforced concrete pipe Class 2 to 5 sizes smaller than 60 inch diameter X 5. Concrete Pipe- Plain Concrete pipe and reinforced concrete pipe Class 2 to 5 sizes larger than 60 inch diameter X 6 Corrugated Steel Pipe-Steel lock seam corrugated pipe for culverts and storm sewers, sizes 30 inch X to 120 inches in diameter May also be treated, 1 thru 5. 7 Corrugated Aluminum Pipe -Aluminum lock seam corrugated pipe for culverts and storm sewers, sizes 30 inch to 120 inches in X diameter. May also be treated,#5. i I Supplemental to Wage Rates 2 03/03/2013 Edition, Published February 1st, 2013 ITEM DESCRIPTION YES NO 8. Anchor Bolts & Nuts-Anchor Bolts and Nuts, for mounting sign structures, luminaries and other items, shall be made from commercial bolt stock. X See Contract Plans and Std. Plans for size and material type. 9. Aluminum Pedestrian Handrail- Pedestrian handrail conforming to the type and material specifications set forth in the contract plans. Welding of aluminum shall be X in accordance with Section 9-28.14(3). 10 Major Structural Steel Fabrication - Fabrication of major steel items such as trusses, beams, girders, etc., for bridges. X 11. Minor Structural Steel Fabrication - Fabrication of minor steel Items such as special hangers, brackets, access doors for ! structures, access ladders for irrigation boxes, bridge expansion joint systems, etc., involving welding, cutting, punching and/or X boring of holes. See Contact Plans for item description and shop drawings. I 12. Aluminum Bridge Railing Type BP- Metal bridge railing conforming to the type and material specifications set forth in the Contract Plans. Welding of aluminum shall be in X accordance with Section 9-28.14(3). 13. Concrete Piling--Precast-Prestressed concrete piling for use as 55 and 70 ton concrete piling. Concrete to conform to Section 9-19.1 of Std. Spec. X 14 Precast Manhole Types 1, 2, and 3 with cones, adjustment X sections and flat top slabs. See Std. Plans. 15. Precast Drywell Types 1, 2, and with cones and adjustment Sections. X See Std. Plans. 16. Precast Catch Basin -Catch Basin type 1, 1 L, 1 P, and 2 With adjustment sections. See Std. Plans. X Supplemental to Wage Rates 3 0310312013 Edition, Published February 1st, 2013 II ITEM DESCRIPTION YES NO 17 Precast Concrete Inlet-with adjustment sections, See Std. Plans X 18. Precast Drop Inlet Type 1 and 2 with metal grate supports. --- See Std. Plans. X 19 Precast Grate Inlet Type 2 with extension and top units. See Std. Plans X 20. Metal frames, vaned grates, and hoods for Combination Inlets. See Std. Plans X 21 Precast Concrete Utility Vaults- Precast Concrete utility vaults of various sizes. Used for in ground storage of utility facilities and controls. See Contract Plans for size and construction X requirements. Shop drawings are to be provided for approval prior to casting 22. Vault Risers- For use with Valve Vaults and Utilities Vaults. X 23. Valve Vault- For use with underground utilities. X See Contract Plans for details. 24 Precast Concrete Barrier- Precast Concrete Barrier for use as new barrier or may also be used as Temporary Concrete Barrier Only new state approved barrier may be used as X permanent barrier. 25. Reinforced Earth Wall Panels— Reinforced Earth Wall Panels in size and shape as shown in the Plans. Fabrication plant has annual approval for methods and materials to be used. See Shop Drawing. X Fabrication at other locations may be approved, after facilities inspection, contact HO. Lab. 26. Precast Concrete Walls-Precast Concrete Walls-tilt-up wall panel in size and shape as shown in Plans. X Fabrication plant has annual approval for methods and materials to be used i Supplemental to Wage Rates 4 03/03/2013 Edition, Published February 1 st, 2013 i I i ITEM DESCRIPTION YES NO 27 Precast Railroad Crossings - Concrete Crossing Structure X Slabs. 28. 12, 16 and 26 inch Standard Precast Prestressed Girder— Standard Precast Prestressed Girder for use in structures. Fabricator plant has annual approval of methods and materials to be used. Shop Drawing to be provided for approval prior to X casting girders. See Std. Spec. Section 6-02.3(25)A 29. Prestressed Concrete Girder Series 4-14 -Prestressed Concrete Girders for use in structures. Fabricator plant has annual approval of methods and materials to be used. Shop Drawing to be X provided for approval prior to casting girders. See Std Spec. Section 6-02.3(25)A i 30. Prestressed Tri-Beam Girder- Prestressed Tri-Beam Girders for use in structures. Fabricator plant has annual approval of methods and materials to be used. Shop Drawing to be provided X for approval prior to casting girders. See Std. Spec. Section 6-02.3(25)A 31 Prestressed Precast Hollow-Core Slab—Precast Prestressed Hollow-core slab for use in structures. Fabricator plant has annual approval of methods and materials to be used. Shop Drawing to X I be provided for approval prior to casting girders. See Std. Spec. Section 6-02.3(25)A. 32. Prestressed-Bulb Tee Girder- Bulb Tee Prestressed Girder for use in structures. Fabricator plant has annual approval of methods and materials to be used. Shop Drawing to be provided for approval prior to casting girders. X See Std, Spec. Section 6-02.3(25)A 33. Monument Case and Cover X See Std. Plan. Supplemental to Wage Rates 5 03/03/2013 Edition, Published February 1st, 2013 I ITEM DESCRIPTION YES NO 34 Cantilever Sign Structure-Cantilever Sign Structure fabricated from steel tubing meeting AASHTO-M-183. See Std. Plans, and Contract Plans for details. The steel structure X shall be galvanized after fabrication in accordance with AASHTO-M-111. 35. Mono-tube Sign Structures- Mono-tube Sign Bridge fabricated to details shown in the Plans. Shop drawings for X approval are required prior to fabrication. 36. Steel Sign Bridges -Steel Sign Bridges fabricated from steel tubing meeting AASHTO-M-138 for Aluminum Alloys. See Std. Plans, and Contract Plans for details. The steel structure X shall be galvanized after fabrication in accordance with AASHTO-M-111 I 37. Steel Sign Post- Fabricated Steel Sign Posts as detailed in Std Plans. Shop drawings for approval are to be provided prior to X fabrication 38. Light Standard-Prestressed -Spun, prestressed, hollow concrete poles. X 39. Light Standards- Lighting Standards for use on highway illumination systems, poles to be fabricated to conform with methods and materials as specified on Std. Plans. See Specia X Provisions for pre-approved drawings. 40. Traffic Signal Standards-Traffic Signal Standards for use on highway and/or street signal systems. Standards to be fabricated X to conform with methods and material as specified on Std. Plans. See Special Provisions for re-a roved drawin s 41 Precast Concrete Sloped Mountable Curb (Single and DualFaced) X See Std. Plans. Supplemental to Wage Rates 6 03/03/2013 Edition, Published February 1st, 2013 ! i i ITEM DESCRIPTION YES NO 42. Traffic Signs- Prior to approval of a Fabricator of Traffic Signs, the sources of the following materials must be submitted and approved for reflective sheeting, legend material, and aluminum sheeting. X X NOTE: *** Fabrication inspection required. Only signs tagged "Fabrication Approved" by WSDOT Sign Fabrication Inspector to be installed _ Custom Std Message Signing Message 43. Cutting & bending reinforcing steel X 44. Guardrail components X X Custom Standard End Sec Sec _ 45. Aggregates/Concrete mixes Covered by WAC 296-127-018 46. Asphalt Covered by WAC 296-127-018 47 Fiber fabrics X 48. Electrical wiring/components X 49 treated or untreated timber pile X 50 Girder pads (elastomeric bearing) X 51 Standard Dimension lumber X 52 Irrigation components X Supplemental to Wage Rates 7 03/03/2013 Edition, Published February 1st, 2013 I i ITEM DESCRIPTION YES NO 53 Fencing materials X 54. Guide Posts X- 55. Traffic Buttons X 56. Epoxy —X 57 Cribbing X 58. Water distribution materials X 1 59 Steel"H" piles X 60. Steel pipe for concrete pile casings X 61 Steel pile tips, standard X 62. Steel pile tips, custom X Prefabricated items specifically produced for public works projects that are prefabricated in a county other than the county wherein the public works project is to be completed, the wage for the offsite prefabrication shall be the applicable prevailing wage for the county in which the actual prefabrication takes place. It is the manufacturer of the prefabricated product to verify that the correct county wage rates are applied to work they perform. See RCW 39.12.010 (The definition of "locality' In RCW 39.12010(2) contains the phrase "wherein the physical work Is being performed" The department Interprets this phrase to mean the actual work slle. Supplemental to Wage Rates 8 03/0312013 Edition, Published February 1st, 2013 WSDOT's List of State Occupations not applicable to Heavy and Highway Construction Projects This project is subject to the state hourly minimum rates for wages and fringe benefits in the contract provisions, as provided by the state Department of Labor and Industries. The following list of occupations, is comprised of those occupations that are not normally used in the construction of heavy and highway projects. When considering job classifications for use and / or payment when bidding on, or building heavy and highway construction projects for, or administered by WSDOT, these Occupations will be excepted from the included "Washington State Prevailing Wage Rates For Public Work Contracts"documents. • Electrical Fixture Maintenance Workers • Electricians- Motor Shop • Heating Equipment Mechanics • Industrial Engine and Machine Mechanics • Industrial Power Vacuum Cleaners • Inspection, Cleaning, Sealing of Water Systems by Remote Control • Laborers- Underground Sewer& Water • Machinists (Hydroelectric Site Work) • Modular Buildings • Playground & Park Equipment Installers • Power Equipment Operators - Underground Sewer&Water • Residential ***ALL ASSOCIATED RATES *** • Sign Makers and Installers(Non-Electrical) • Sign Makers and Installers(Electrical) • Stage Rigging Mechanics (Non Structural) i I The following occupations may be used only as outlined in the preceding text concerning "WSDOT's list for Suppliers- Manufacturers - Fabricators" • Fabricated Precast Concrete Products • Metal Fabrication (In Shop) Definitions for the Scope of Work for prevailing wages may be found at the Washington State Department of Labor and Industries web site and in WAC Chapter 296-127. Supplemental to Wage Rates 9 03103/2013 Edition, Published February 1st, 2013 Washington State Department of Labor and Industries Policy Statements (Regarding Production and Delivery of Gravel, Concrete, Asphalt, etc.) i WAC 296-127-018 Agency filings affecting this section Coverage and exemptions of workers involved in the production and delivery of gravel, concrete, asphalt, or similar materials. (1) The materials covered under this section include but are not limited to: Sand, gravel, crushed rock, concrete, asphalt, or other similar materials. I (2) All workers, regardless of by whom employed, are subject to the provisions of chapter 39 12 RCW when they perform any or all of the following functions: (a) They deliver or discharge any of the above-listed materials to a public works project site: (i) At one or more point(s) directly upon the location where the material will be incorporated into the project; or (ii) At multiple points at the project; or (iii)Adjacent to the location and coordinated with the incorporation of those materials. (b)They wait at or near a public works project site to perform any tasks subject to this section of the rule. (c) They remove any materials from a public works construction site pursuant to contract requirements or specifications (e.g., excavated materials, materials from demolished structures, clean-up materials, etc.). (d) They work in a materials production facility (e.g., batch plant, borrow pit, rock quarry, etc.,) which is established for a public works project for the specific, but not necessarily exclusive, purpose of supplying materials for the project. (e) They deliver concrete to a public works site regardless of the method of incorporation. (t) They assist or participate in the incorporation of any materials into the public works project. Supplemental to Wage Rates 10 03103/2013 Edition, Published February 1st, 2013 (3)All travel time that relates to the work covered under subsection (2) of this section requires the payment of prevailing wages. Travel time includes time spent waiting to load, loading, transporting, waiting to unload, and delivering materials. Travel time would include all time spent in travel in support of a public works project whether the vehicle is empty or full. For example, travel time spent returning to a supply source to obtain another load of material for use on a public works site or returning to the public works site to obtain another load of excavated material is time spent in travel that is subject to prevailing wage. Travel to a supply source, including travel from a public works site, to obtain materials for use on a private project would not be travel subject to the prevailing wage. (4)Workers are not subject to the provisions of chapter 39.12 RCW when they deliver materials to a stockpile. (a) A"stockpile" is defined as materials delivered to a pile located away from the site of incorporation such that the stockpiled materials must be physically moved from the stockpile and transported to another location on the project site in order to be incorporated into the project. (b) A stockpile does not include any of the functions described in subsection (2)(a) through (f) of this section; nor does a stockpile include materials delivered or distributed to multiple locations upon the project site; nor does a stockpile include materials dumped at the place of incorporation, or adjacent to the location and coordinated with the incorporation. I (5) The applicable prevailing wage rate shall be determined by the locality in which the work is performed. Workers subject to subsection (2)(d) of this section, who produce such materials at an off-site facility shall be paid the applicable prevailing wage rates for the county in which the off-site facility is located. Workers subject to subsection (2) of this section, who deliver such materials to a public works project site shall be paid the applicable prevailing wage rates for the county in which the public works project is located. i i [Statutory Authority Chapter 39.12 RCW, RCW 43.22.051 and 43.22.270. 08-24-101, § 296-127-018, filed 12/2/08, effective 1/2/09. Statutory Authority, Chapters 39.04 and 39.12 RCW and RCW 43.22.270 92-01-104 and 92-08-101, § 296-127-018, filed 12118/91 and 4/1/92, effective 8/31/92.] Supplemental to Wage Rates 11 03/0312013 Edition, Published February 1st, 2013 Bond No. 023023866 Lf bcrty Mutual. Document A312T"" - 2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: SURETY: (Name,legal status and address) (Name, legal status and principal place of business) MACDONALD-MILLER FACILITY SOLUTIONS, INC. Liberty Mutual Insurance Company This document has important legal 7717 Detroit Ave SW 175 Berkeley Street consequences.consultation with Seattle, WA 98106 Boston, MA 02116 an attorney is encouraged with respect to its completion or Mailing Address for Notices modification. OWNER: Liberty Mutual Insurance Company Any singular reference to Attention:Surety Claims Department 1001 4th Avenue, Suite 1700 Contractor,Sure ty Owner or (Name, legal status and address) other party shall be considered City of Auburn,a Washington Municipal Corporation Seattle, INA 98154 plural where applicable. 25 West Main Street Auburn, WA 98001-4998 CONSTRUCTION CONTRACT Date: April 12, 2013 Amount:S 52,880 96 Fifty Two Thousand Eight Hundred Eighty Dollars and 96/100 Description: (Name and location) Energy Efficiency Equipment Installation and Services Agreement Only such obligations related to Energy Efficiency Equipment Installation as described in Exhibit A at Auburn Senior Center, 808 9th St. S.E.,Auburn, WA 98002 BOND Date: April 25, 2013 (Not earlrer than Construction Contract Date) Amount:S $52,880.96 Fifty Two Thousand Eight Hundred Eighty Dollars and 96/100 Modifications to this Bond: ® None ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company, (Corporate Seal) Company: (Corporate Seal) ti`�P�oxroeRgH MACDONALD-MILLER FACILITY SOLUTIONS,INC. Liberty Mutual Insurance Company F � n C W ; 2 m)9'�sAnN' t Signature: � 0 � ,I_In a��- Signature:��� yyy ty�� t Name S�epv�>1ie C—{,eb�V�[s.fb�c?� Name Joan M Councilman and Title: CC O and Title: Attorney-in-Fact (Any additional signatures appear on the last page of this Performance Bond) (FOR INFORMATION ONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Willis Of Seattle, Inc. (Architect,Engineer or otherparty:) 505 Fifth Avenue South, Suite 200 N/A Seattle, WA 98104 206-386-7400 S-18521AS 8110 § 1 The Contractor and Surely,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default Such notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the Contractoes performance.If the Owner does not request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice,request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten(10)business days of the Surety's receipt of the Owner's notice.If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract,but such an agreement shall not waive the Owners right,if any,subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined,make payment to the Owner,or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 5-1852/AS 8/10 §7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. §8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns. § 10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. § 11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in thejurisdiction of the suit shall be applicable. §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §14 Definitions §14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract § 14.4 Owner Default.Failure of the Owner,which has not been remedied or waived to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. S-1852/AS 8/10 §16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company, (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address 5-18521A5 8110