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HomeMy WebLinkAboutAgenda Mod - RES 4093 AGENDA BILL APPROVAL FORM Agenda Subject: Date: Resolution 4093 September 5,2006 Department: I Attachments: Budget Impact: Human Resources Resolution No. 4093 & Contract Administrative Recommendation: City Council adopt Resolution No. 4093. Background Summary: One of the three boilers for the City Hall building has failed, and the two remaining boilers are inadequate to keep up with the heating demands of the City Hall building. The untimely failure of the equipment and the need to provide an environment in which people may work and address the functions of City Hall, as well as provide a habitable environment for the jail inmates, constitutes an emergency situation that warrants foregoing the formal bidding process. Pursuant to Auburn City Code Section 3.10.050, the Mayor has determined that an emergency exists so as to justify the emergency contracting procedures without formal bidding. Resolution No. 4093 ratifies the Mayor's determination that an emergency exists. S0905-2 Reviewed by Council & Committees: Reviewed by Departments & Divisions: D Arts Commission COUNCIL COMMITTEES: o Building o M&O D Airport [81 Finance o Cemetery o Mayor o Hearing Examiner [81 Municipal Servo o Finance D Parks D Human Services D Planning & CD o Fire o Planning D Park Board DPublic Works D Legal o Police D Planning Comm D Other D Public Works D Human Resources D Information Services Action: Committee Approval: DYes ONo Council Approval: DYes ONo Call for Public Hearing -1-1- Referred to Until ~_I- Tabled Until _1_1- Councilmember: Cerino I Staff: Heineman Meetina Date: September 5, 2006 litem Number: AUBURN * MORE THAN YOU IMAGINED RESOLUTION NO. 4093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DECLARING AN EMERGENCY WITH RESPECT TO THE PURCHASE AND INSTALLATION OF HOT WATER BOILER COMPONENTS FOR THE CITY HALL BUILDING WHEREAS, heat for City Hall is provided by three hot water boilers; and WHEREAS, unfortunately one of the three boilers failed, taking from the City the opportunity to more conveniently time its repair and replacement activities; and WHEREAS, the two remaining boilers are inadequate to keep up with the heating demands of the City Hall building; and WHEREAS, with the untimely failure of this crucial piece of heating equipment, an emergency situation now exists that warrants action without compliance without full bidding procedwes, in that failure to quickly correct this problem will stress the other two heaters and could jeopardize their operations; and WHEREAS, the boilers are necessary equipment for the building to function as an environment in which people may work and address the functions of City Hall; and WHEREAS, the City's jail is located in the basement of City Hall; and WHEREAS, the City has a responsibility to provide a habitable environment for its inmates, and WHEREAS, the onset of colder weather is rapidly approaching, and Resolution No. 4093 August 31, 2006 Page 1 WHEREAS, the result is that the City does not have the luxury of time to engage in the specification and planning, as well as the formal bidding process, to use in order to address the emergent need for repair and replacement of the boiler equipment; and WHEREAS, under these circumstances, the need to repair and replace the boiler equipment constitutes an emergency, not only in terms of the air quality and environment in City Hall, but the need to provide for the basic needs of its inmates that would be compromised without immediate action to address this need; and WHEREAS, pursuant to the authority of Section 3.10.050 of the Auburn City Code, the Mayor has determined that an emergency exists so as to justify the emergency contracting procedures without formal bidding. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the City Council ratifies the Mayor's determination that an emergency exists in this case, and finds that the need for the City to enter into a contract for the hot water boilers, without going through typical bidding procedures, to repair and replace the boilers at City Hall is an emergency that relieves the City of the requirement to engage in a more lengthy competitive bidding process for this equipment. 2. That the Mayor or his designee is authorized to negotiate and enter into a contract with ACCO Engineered Systems, a provider of compatible Resolution No. 4093 August 31, 2006 Page 2 equipment, to address the hot water boiler repair needs as promptly as that can be accomplished. 3. This resolution shall be in full force and effect upon passage and signatures hereon. DATED and SIGNED this _ day of ,2006. CITY OF AUBURN MAYOR ATTEST: Danielle E. Daskam, City Clerk Resolution No. 4093 August 31, 2006 Page 3 EMERGENCY PUBLIC WORK CONTRACT NO. 06-22 Project No. CP0640, Emergency Boiler Replacement THIS CONTRACT is entered into between the City of Auburn, a Washington Municipal Corporation ("City"), and ACCO Engineered Systems ("Contractor"), whose mailing address is 835 N. Central Avenue. Kent. W A 98032-3099. The parties agree as follows: I. CONTRACTOR SERVICES. The Contractor shall do all work and furnish all tools, materials and equipment for the construction of Project No. CP0640, Emergency Boiler Replacement, in accordance with this Contract form and as shown on the attached Exhibits "A" and "B", which are by this reference incorporated herein and made a part hereof. Scope of work is as follows: Replace existing failing hot water tanks with new boiler. Work includes demolition of existing systems, re-piping, new pump, addition of one (1) new inverter motor to accommodate future variable frequency drive, test, startup, and inspection. The complete Contract includes the following parts, which are by this reference incorporated herein and made a part hereof. Any inconsistency in the parts of the Contract shall be resolved by the order in which they are listed: A. Emergency Public Work Contract B. Exhibit A, Auburn City Hall Boiler Replacement Labor and Material Breakdown from ACCO Engineered Systems C. Exhibit B, Extra Work Proposal Labor and Material Breakdown from ACCO Engineered Systems D. Washington State Department of Labor & Industries Prevailing Wage Rates and Benefit Key Code effective March 3,2006. On the Contract plans, working drawings, and standard plans, figured dimensions shall take precedence over scaled dimensions. In case of any ambiguity or dispute over interpreting the Contract, the City Engineer's decision will be final. II. CITY OF AUBURN BUSINESS LICENSE REQUIRED. In order to do business in the City of Auburn, you are required to have a current City of Auburn business license. All subcontractors and lower tier subcontractors working on the project must also have a City of Auburn business license. EMERGENCY PUBLIC WORK CONTRACT NO. 06-22 August 25, 2006 Page 1 of 12 III. TIME OF COMPLETION. The Contractor shall complete the work within 35 working days from the date of issuance of the City's Notice to Proceed. IV. HOURS OF WORK. Normal working hours for the Contract shall be any consecutive 8- hour period between 7:00 a.m. and 6:00 p.rn., Monday through Friday. If the Contractor desires to perform work on holidays, Saturdays, Sundays, or between the hours of 6:00 p.m. and 10:00 p.m. on any day, the Contractor shall apply in writing to the Facilities Manager for permission to work such times. Permission to work longer than an 8-hour period between 7:00 a.m. and 6:00 p.m. is not required. Such requests shall be submitted to the Facilities Manager two (2) working days prior to the day for which the Contractor is requesting permission to work. The City reserves the right to grant or deny any such request at its sole discretion. Permission to work between the hours of lO:OO p.m. and 7:00 a.m. during weekdays and between the hours of 10:00 p.m. and 9:00 a.rn. on weekends or holidays may also be subj ect to noise control requirements, as indicated in Auburn City Code Chapter 8.28.010 entitled "Noise Control." If the Contractor desires to work during restricted times, the Contractor shall submit a written request to the Facilities Manager fourteen (14) calendar days prior to the day for which the Contractor is requesting permission to work. The written request will include specific days and times and description of work to be performed and the reasons the work cannot be performed during the normal hours of work. The City reserves the right to grant or deny any such request at its sole discretion. If approval is granted, it may be revoked at any time the City receives complaints from the public or adjoining property owners regarding the noise from the Contractor's operations. The Contractor shall have no claim for damages or delays should such permission be revoked for any reason. V. COMPENSATION. The Contractor shall do all work and furnish all tools, materials, and equipment for the work and services contemplated in this Contract a lump sum price, including sales tax, of sixty-two thousand eight hundred thirty-eight dollars and no cents ($62,838.00). Our sales tax area is 1702 for King County. No payment shall be issued until a Statement of Intent to Pay Prevailing Wages form, for the Contractor and each and every Subcontractor, has been approved by the State Department of Labor & Industries, and is received by the City. A. Performance Bond. The Contractor shall furnish the City with an executed performance bond for the full Contract amount of sixty-six thousand dollars and no cents ($66,000). B. Retainage. The City shall hold back retainage in the amount of five percent (5%) of any and all payments made to the Contractor pursuant to RCW 39.08.010. The Contractor can choose to have the retainage held by the City in a non-interest bearing account, have EMERGENCY PUBLIC WORK CONTRACT NO. 06-22 August 25, 2006 Page 2 of 12 it placed in an Escrow (interest bearing) Account, or submit a bond in lieu of retainage. Said retainage shall be held by the City for a period of forty-five (45) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and State Employment Security Department, including Affidavits of Wages paid for the Contractor and each and every subcontractor, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from the Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Contract; and extra work and materials furnished without the City's written approval. If the Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and the Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any additional costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. The making of final payment (excluding withheld retainage) shall constitute a waiver of claims, except those previously and properly made and identified by the Contractor as unsettled at the time request for final payment is made. VI. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Contract, the City being interested only in the results obtained under this Contract. VII. SUBCONTRACTING. Work done by the Contractor's own organization shall account for at least 30 (thirty) percent of the awarded Contract price. Before computing this percentage however, the Contractor may subtract (from the awarded Contract price) the costs of any subcontracted work on items the Contract designates as specialty items. The Contractor shall not subcontract work unless the City approves in writing. Each request to subcontract shall be on the form the City provides. If the City requests, the Contractor shall provide proof that the subcontractor has the experience, ability, and equipment the work requires. The Contractor shall require each subcontractor to comply with RCW 39.12 (Prevailing Wages on Public Works) and to furnish all certificates and statements required by the Contract. As stated in Section VI, "Compensation," no payment shall be issued until a Statement of Intent to Pay Prevailing Wages form, for the Contractor EMERGENCY PUBLIC WORK CONTRACT NO. 06-22 August 25, 2006 Page 3 of 12 and each and every subcontractor, has been approved by the State Department of Labor & Industries, and is received by the City. Along with the request to sublet, the Contractor shall submit the names of any contracting firms the subcontracor proposes to use as lower tier subcontractors. Collectively, these lower tier subcontractors shall not do work that exceeds 25 percent of the total amount subcontracted to a subcontractor. When a subcontractor is responsible for construction of a specific structure or structures, the following work may be performed by lower tier subcontractors without being subject to the 25 percent limitation: A. Furnishing and driving of piling, or B. Furnishing and installing concrete reinforcing and post-tensioning steel. Except for the 25 percent limit, lower tier subcontractors shall meet the same requirements as subcontractors. The City will approve the request only if satisfied with the proposed subcontractor's record, equipment, experience and ability. Approval to subcontract shall not: A. Relieve the Contractor of any responsibility to carry out the Contract. B. Relieve the Contractor of any obligations or liability under the Contract and the Contractor's bond. C. Create any contract between the City and the subcontractor, or D. Convey to the subcontractor any rights against the City. The City will not consider as subcontracting: (1) purchase of sand, gravel, crushed stone, crushed slag, batched concrete aggregates, ready mix concrete, off-site fabricated structural steel, other off-site fabricated items, and any other materials supplied by established and recognized commercial plants; or (2) delivery of these materials to the work site in vehicles owned or operated by such plants or by recognized independent or commercial hauling companies. However, the Washington State Department of Labor and Industries may determine that RCW 39.12 applies to the employees of such firms identified in A and B above in accordance with WAC 296-127. If dissatisfied with any part of the subcontracted work, the City may request in writing that the subcontractor be removed. The Contractor shall comply with this request at once and shall not employ the subcontractor for any further work under the Contract. This section does not create a contractual relationship between the City and any subcontractor. Also, it is not intended to bestow upon any subcontractor, the status of a third-party beneficiary to the Contract between the City and the Contractor. VIII. TERMINATION. The City may terminate this Contract for good cause. "Good cause" shall include, without limitation, anyone or more of the following events: EMERGENCY PUBLIC WORK CONTRACT NO. 06-22 August 25, 2006 Page 4 of 12 A. The Contractor's refusal or failure to supply a sufficient number of properly-skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Contract. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. After all the work contemplated by the Contract has been completed either by the Surety or the City, the City will calculate the total expenses and damages for the completed work. If the total expenses and damages are less than any unpaid balance due the Contractor, the excess will be paid by the City to the Contractor. If the total expenses and damages exceed the unpaid balance, the Contractor and the Surety shall be jointly and severally liable to, and shall pay the difference to, the City on demand. IX. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages" with the State of Washington Department of Labor & Industries prior to commencing the Contract work. The Contractor shall pay prevailing wages and comply with Chapter 39.12 ofthe Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The prevailing wage rate revision in effect on the date that the Emergency Public Work was awarded is attached and by this reference incorporated herein and made a part hereof. No payment shall be issued until a Statement of Intent to Pay Prevailing Wages form, for the Contractor and each and every subcontractor, has been approved by the State Department of Labor & Industries, and is received by the City. Retainage shall not be released until an Affidavit of Wages Paid form for the Contractor and each and every subcontractor, has been approved by the State Department of Labor & Industries, and is received by the City. X. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Contract. If the Contractor determines, for any reason, that a change order is necessary, the Contractor must submit a written change order request to an authorized agent of the City within fifteen (l5) calendar days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either EMERGENCY PUBLIC WORK CONTRACT NO. 06-22 August 25, 2006 Page 5 of 12 a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the Contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: l. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fifteen (15) calendar days with a written statement that provides the following information: a. The date of the Contractor's protest. b. The nature and circumstances that caused the protest. c. The provisions in this Contract that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor's records needed for evaluating the protest. 3. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Contractor's Duty to Complete Protested Work. In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C. Contractor's Acceptance of Changes. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by the Contractor as provided in this section shall constitute full payment and final settlement of all claims for Contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. EMERGENCY PUBLIC WORK CONTRACT NO. 06-22 August 25, 2006 Page 6 of 12 D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). XI. CLAIMS. The Contractor waives right to a claim if they have not followed procedures outlined in Section XI.A of this Contract. If resolution cannot be reached under Section XI.A, then the Contractor shall give written notice to the City of all claims other than change orders within fifteen (15) calendar days of the City's notice of its final decision on the Contractor's protest. Any claim for damages, additional payment for any reason, or extension of time, whether under this Contract or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Contract; or if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date the Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor's written claim must include the information set forth regarding protests in Section XI.A. Failure to provide a complete, written notification of claim within the time allowed shall be an absolute waiver of any claims arising in any way from the facts or events surrounding that claim or caused by that delay. The Contractor must, in any event, file any claim or bring any suit arising from or connected with this Contract within forty-five (45) calendar days from the date the Contract work is complete. XII. WARRANTY. All defects in workmanship and materials that occur within one year from the date of the City's acceptance of the Contract work shall be corrected by the Contractor. When defects are corrected, the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish thy corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. EMERGENCY PUBLIC WORK CONTRACT NO. 06-22 August 25, 2006 Page 7 of 12 XIII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Contract, except for injuries and damages caused by the sole negligence of the City. The City's inspection or acceptance of any of the Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Contract 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 City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that this indemnification constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 5l RCW, solely for the purposes of this indemnification. The parties acknowledge that they have mutually negotiated this waiver. The provisions of this section shall survive the expiration or termination of this Contract. XIV. INSURANCE. The Contractor shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work hereunder by the Contractor, its agents, representatives, employees or subcontractors. Before beginning work on the project described in this Contract, the Contractor shall provide a Certificate of Insurance evidencing the coverages listed below. The policies of insurance for general, automobile, and pollution policies shall be specifically endorsed to name the Contracting Agency and its officers, elected officials, employees, agents and volunteers, and any other entity specifically required by the Contract Provisions, as additional insured(s). A. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage. Coverage shall be written on Insurance Services Office (ISO) form CA 0001 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. B. Commercial General Liability insurance written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate, and a $2,000,000 products-completed operations aggregate limit. Coverage shall be written on ISO occurrence form CG 00 0 1 EMERGENCY PUBLIC WORK CONTRACT NO. 06-22 August 25, 2006 Page 8 of 12 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products-completed operations, 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 form CG 2503 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy, with respect to the work performed for the City using ISO Additional Insurance endorsement CG 20 lO 10 01 and Additional Insured-Completed Operations endorsement CG 2037 1001 or substitute endorsements providing equivalent coverage. C. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. D. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. E. Contractor's Insurance for Other Losses. The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers, or contractors as well as to any temporary structures, scaffolding, and protective fences. F. Acceptability of Insurers. Insurance is to be placed with authorized insurers in Washington State with a current A.M. Best rating of not less than A-:VII. G. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. H. Subcontractors. Contractor shall include subcontractors as insureds under its policies or shall furnish separate evidence of insurance for each subcontractor in amounts and forms EMERGENCY PUBLIC WORK CONTRACT NO. 06-22 August 25, 2006 Page 9 of 12 acceptable to the City. All coverages for subcontractors shall be subject to all of the requirements as stated herein and applicable to their profession. Any payment of de~uctible or self insured retention shall be the sole responsibility of the Contractor. The City reserves the right to receive a certified copy of all the required insurance policies. XV. MISCELLANEOUS. A. Nondiscrimination. In the hiring of employees for the performance of work under this Contract, the Contractor, its subcontractors, or any person acting on behalf of Contractor shall not, by reason of race, religion, color, sex, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. B. Compliance with Laws. The Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Contract. C. Work Performed at Contractor's Risk. The Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this Contract. All work shall be done at the Contractor's own risk, and the Contractor shall be responsible for any loss of or damage Oto materials, tools, or other articles used or held for use in connection with the work. D. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be construed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect. E. Governing Law. This Contract shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and the Contractor under any of the provisions of this Contract, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the King County Superior Court, King County, Washington. F. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' performance of this Contract, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section 10 of this Contract. G. Written Notice. All communications regarding this Contract shall be sent to the parties at the addresses listed on the signature page of this Contract, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) EMERGENCY PUBLIC WORK CONTRACT NO. 06-22 August 25, 2006 Page 10 of 12 calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Contract. H. Assignment. Any assignment of this Contract by the Contractor without the written consent of the City shall be void. 1. Modification. No waiver, alteration, or modification of any of the provisions of this Contract shall be binding unless in writing and signed by a duly authorized representative of the City and the Contractor. J. Severability. If anyone or more sections, sub-sections, or sentences of this Contract are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Contract and the remainder shall remain in full force and effect. K. Entire Contract. The written provisions and terms of this Contract, together with any referenced documents and attached Exhibits , supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this Contract. This Contract, referenced documents, and any attached Exhibits contain the entire Contract between the parties. Should any language in any referenced documents or Exhibits to this Contract conflict with any language contained in this Contract, the terms of this Contract shall prevail. EMERGENCY PUBLIC WORK CONTRACT NO. 06-22 August 25, 2006 Page 11 of 12 IN WITNESS WHEREOF, the parties below have executed this Contract. ACCO ENGINEERED SYSTEMS THE CITY OF AUBURN (Signature) (Signature) By (Print name here) By Peter B. Lewis Its (Authorized representative) Its Mayor DATE: DATE: Contractor's State License No. State Tax Registration (UBI) No. Federal Tax ill # Notices to be sent to: Notices to be sent to: ACCO ENGINEERED SYSTEMS CITY OF AUBURN Attn: Danny Dallum 835 N Central Ave Kent W A 98032-3099 Phone: 253.854.8444 Fax: 253.854.8220 E-mail: ddallum@accoes.com Attn: Mark Ellingson 25 West Main Street Auburn, WA 98001 Phone: 253.288.3158 Fax: 253.804.3116 E-mail: mellingson@auburnwa.gov ATTEST: Danielle E. Daskam, City Clerk EMERGENCY PUBLIC WORK CONTRACT NO. 06-22 August 25, 2006 Page 12 of 12 EXHIBITS "A" & "B" CONTRACT NO. 06-22 CP0640 - EMERGENCY BOilER REPLACEMENT EXHIBIT "A" Auburn City Hall Boiler Replacement Labor and Material Breakdown e engineered systems ACCO Job #: 0 Job Name: Boiler Upgrade Descri tion of work: Replace existing falling hot water tanks with new boiler. Includes: Demo of existing systems, repiping, new pump. Test, start up , inspect. Alterl1;at,f()l'~e:jjh.l!"ldant $~$~rr.I_i'i)llfH'S; Date: 8/17/06 Extra Work Proposal # Pricing Breakdown: Equipment Sheet Metal-Shop Lining Shop Welding Shop Teamsters Sheet Metal-Field Plumbing-Shop Plumbing-Field HV AC Piping-Shop HV AC Piping-Field Process Piping-Shop Process Piping-Field Rigging Systems Operations Project Engineering / Management Rentals Jobsite Expenses Misc. Sales Tax Warranty Reserve DIRECT JOB COST + Unit Pricing Costs TOTAL COST + Overhead + Profit Total ACCO Price Factory start up + Subcontracts Overhead/Profit + Bond Total Extra Work Proposal Price 0.00% 11% 17% 5% 0.75% Time extension required because of labor added by this change is This proposal is based on 348 hours of straight time and ACCO is: Proceeding with this work: Waiting for authorization: o waiting $20,792 $0 $0 $0 $0 $0 $0 $18,235 $0 $0 $0 $0 $0 $3,444 $3,832 $0 $0 $398 $0 $934 $47,634 $0 $47,634 $5,240 $8,989 $61,862 $400 $20 $467 $62,749 workdays. hours of overtime. This price does not include any cutting or patching of drywall. plumbing, electrical, excavation. backfilling, painting, or other general construction. The cost of this change includes only those direct costs which can be identified at this time. There are no impact or ripple costs and no delay costs included in this proposal. Should it be determined at a later date that we are expe cing impact cost because of multiple changes, delays, or causes beyond our control, we will submit those costs at that time. Submitted by: Date: Approved by: Date: Signature Acc+. :11:: 001. /3. '524. SOOt 48 8/17106 FROM ACCO Engineered Systems (MaN) 8.28' 06 8:40/ST. 8:39/NO.4864503480 P EXHIBIT "B" ED engineered systems Extra Work Proposal Labor and Material Breakdown ACCO Job #: 0 Job Name: Auburn City Hall Boller Upgrade Descri tion of work: Add 1 new Inverter duty motor to accommodate future variable frequency drive for improved energy efficiency and control ability with new DOC Date : 8/28/06 Extra Work Proposal # : 1 Pricing Breakdown: Upgrade to inverter duty motor for new pump Sheet Metal-Shop Lining Shop Welding Shop Teamsters Sheet Metal-Field Plumbing-Shop Plumbing-Field HV AC Piping-Shop HV AC Piping-Field Process Piping-Shop Process Piping-Field Rigging Systems Operations Project Engineering / Management Rentals Jobsite Expenses Misc. Sales Tax Warranty Reserve DIRECT JOB COST + Unit Pricing Costs TOTAL COST + Overhead + Profit Total ACCO Price Subcontracts + Subcontracts Overhead/Profit + Bond Total Extra Work Proposal Price 10% 17% $69 '.- $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $69 $0 $69 $7 $13 $89 $0 $0 $0 $89 0.00% 5% 0.00% Time extension required because of labor added by this change is This proposal is based on 0 hours of straight time and ACCO is: Proceeding with this work: Waiting for authorization: workdays. o hours of overtime. waiting Thi3 price doe& not Include any cutting or patching of drywall. plumbing, electrical, excavation. backfilling. painting. or other general construction The cost of this change Includes only those direct costs which can be Identified at this time. There are no impact or ripple costs and no delay costs included in this proposal. Should It be determined at a later date that we are experl 'nll Impact cost because of multiple changes, delays, or causes beyond our control. we will submit those costs at that time. Submitted by: Danny J. Dallum \ Project Manager Date: 8/28/06 Approved by: Date: Signature PREVAILING WAGE RATES CONTRACT NO. 06-22 CP0640 - EMERGENCY BOILER REPLACEMENT State of Washington DEPARTMENT OF LABOR AND INDUSTRIES Prevailing Wage Section - Telephone (360) 902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage Rates For Public Works Contracts The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, workers' wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements is provided on the Benefit Code Key. KING COUNTY Effective 08-31-06 ***************************************************************************************************************** Classification ASBESTOS ABATEMENT WORKERS JOURNEY LEVEL BOILERMAKERS JOURNEY LEVEL BRICK AND MARBLE MASONS JOURNEY LEVEL CABINET MAKERS (IN SHOP) JOURNEY LEVEL CARPENTERS ACOUSTICAL WORKER BRIDGE, DOCK AND WARF CARPENTERS CARPENTER CREOSOTED MATERIAL DRYWALL APPLICATOR FLOOR FINISHER FLOOR LAYER FLOOR SANDER MILLWRIGHT AND MACHINE ERECTORS PILEDRIVERS, DRIVING, PULLING, PLACING COLLARS AND WELDING SAWFILER SHINGLER STATIONARY POWER SAW OPERATOR STATIONARY WOODWORKING TOOLS CEMENT MASONS JOURNEY LEVEL DIVERS & TENDERS DIVER DIVER TENDER DREDGE WORKERS ASSISTANT ENGINEER ASSISTANT MATE (DECKHAND) BOATMEN ENGINEER WELDER LEVERMAN, HYDRAULIC MAINTENANCE MATES OILER DRYWALL TAPERS JOURNEY LEVEL ELECTRICAL FIXTURE MAINTENANCE WORKERS JOURNEY LEVEL Page 1 PREVAILING WAGE $34.36 $33.32 $42.47 $16.67 $41.43 $41.33 $41.33 $41.37 $41.31 $41.40 $41.40 $41.40 $42.27 $41.47 $41.40 $41.40 $41.40 $41.40 $42.26 $85.75 $44.22 $42.02 $41.51 $42.02 $42.07 $43.64 $41.51 $42.02 $41.64 $41.14 $18.69 (See Benefit Code Key) Over Time Holiday Note Code Code Code 1M 5D 1M 5A 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 8A 1M 5D 1T 5D 8L 1T 5D 8L 1T 5D 8L 1T 5D 8L 1T 5D 8L 1T 5D 8L 1T 5D 8L 1T 5D 8L 1E 5P KING COUNTY Effective 08-31-06 ***************************************************************************************************************** Classification INSPECTION/CLEANING/SEALlNG OF SEWER & WATER SYSTEMS BY REMOTE CONTROL CLEANER OPERATOR, FOAMER OPERATOR GROUT TRUCK OPERATOR HEAD OPERATOR TECHNICIAN TV TRUCK OPERATOR INSULATION APPLICATORS JOURNEY LEVEL IRONWORKERS JOURNEY LEVEL LABORERS ASPHALT RAKER BALLAST REGULATOR MACHINE BATCH WEIGHMAN BRUSH CUTTER BRUSH HOG FEEDER BURNERS CARPENTER TENDER CASSION WORKER CEMENT DUMPER/PAVING CEMENT FINISHER TENDER CHANGE-HOUSE MAN OR DRY SHACKMAN CHIPPING GUN (OVER 30 LBS) CHIPPING GUN (UNDER 30 LBS) CHOKER SETTER CHUCK TENDER CLEAN-UP LABORER CONCRETE DUMPER/CHUTE OPERATOR CONCRETE FORM STRIPPER CONCRETE SAW OPERATOR CRUSHER FEEDER CURING LABORER DEMOLITION, WRECKING & MOVING (INCLUDING CHARRED DITCH DIGGER DIVER DRILL OPERATOR (HYDRAULIC, DIAMOND) DRILL OPERATOR, AIRTRAC DUMPMAN EPOXY TECHNICIAN EROSION CONTROL WORKER FALLER/BUCKER, CHAIN SAW FINAL DETAIL CLEANUP (i.e., dusting, vacuuming, window cleaning; NOT construction debris cleanup) FINE GRADERS FIRE WATCH FORM SETTER GABtON BASKET BUILDER GENERAL LABORER GRADE CHECKER & TRANSIT PERSON GRINDERS GROUT MACHINE TENDER PREVAILING WAGE $9.73 $11.48 $12.78 $7.63 $10.53 $41.27 $46.25 $34.84 $34.36 $29.68 $34.36 $34.36 $34.36 $34.36 $35.20 $34.84 $34.36 $34.36 $34.84 $34.36 $34.36 $34.36 $34.36 $34.84 $34.36 $34.84 $29.68 $34.36 $34.36 $34.36 $35.20 $34.84 $35.20 $34.36 $34.36 $34.36 $34.84 $27.36 $34.36 $29.68 $34.36 $34.36 $34.36 $34.84 $34.36 $34.36 Page 3 (See Benefit Code Key) Over Time Holiday Note Code Code Code 1M 5D 10 5A 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 50 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D KING COUNTY Effective 08-31-06 ***************************************************************************************************************** (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Code LABORERS - UNDERGROUND SEWER & WATER GENERAL LABORER $34.36 1M 50 PIPE LAYER $34.84 1M 50 LANDSCAPE CONSTRUCTION IRRIGATION OR LAWN SPRINKLER INSTALLERS $11.07 LANDSCAPE EQUIPMENT OPERATORS OR TRUCK DRIVERS $10.63 LANDSCAPING OR PLANTING LABORERS $8.42 LATHERS JOURNEY LEVEL $41.31 1M 50 METAL FABRICATION (IN SHOP) FITTER $15.86 LABORER $9.78 MACHINE OPERATOR $13.04 PAINTER $11.10 WELDER $15.48 MODULAR BUILDINGS CABINET ASSEMBLY $11.56 ELECTRICIAN $11.56 EQUIPMENT MAINTENANCE $11.56 PLUMBER $11.56 PRODUCTION WORKER $9.26 TOOL MAINTENANCE $11.56 UTILITY PERSON $11.56 WELDER $11.56 PAINTERS JOURNEY LEVEL $32.73 2B 5A PLASTERERS JOURNEY LEVEL $41.23 1R 5A PLAYGROUND & PARK EQUIPMENT INSTALLERS JOURNEY LEVEL $8.42 PLUMBERS & PIPEFITTERS JOURNEY LEVEL $54.34 1G 5A POWER EQUIPMENT OPERATORS ASSISTANT ENGINEERS $39.57 1M 5D 8L BACKHOE, EXCAVATOR, SHOVEL (3 YO & UNDER) $42.35 1M 50 8L BACKHOE, EXCAVATOR, SHOVEL (OVER 3 YO & UNDER 6 YO) $42.84 1M 50 8L BACKHOE, EXCAVATOR, SHOVEL (6 YO AND OVER WITH $43.39 1M 50 8L BACKHOES, (75 HP & UNDER) $41.93 1M 50 8L BACKHOES, (OVER 75 HP) $42.35 1M 50 8L BARRIER MACHINE (ZIPPER) $42.35 1M 50 8L BATCH PLANT OPERATOR, CONCRETE $42.35 1M 50 8L BELT LOADERS (ELEVATING TYPE) $41.93 1M 50 8L BOBCAT (SKID STEER) $39.57 1M 50 8L BROOMS $39.57 1M 50 8L BUMP CUTTER $42.35 1M 50 8L CABLEWAYS $42.84 1M 5D 8L CHIPPER $42.35 1M 50 8L COMPRESSORS $39.57 1M 50 8L CONCRETE FINISH MACHINE - LASER SCREED $39.57 1M 50 8L CONCRETE PUMPS $41.93 1M 50 8L CONCRETE PUMP-TRUCK MOUNT WITH BOOM ATTACHMENT $42.35 1M 5D 8L CONVEYORS $41.93 1M 5D 8L Page 5 KING COUNTY Effective 08-31-06 ***************************************************************************************************************** (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Code QUAD 9,0-10, AND HD-41 . $42.84 1M 50 8L REMOTE CONTROL OPERATOR ON RUBBER TIRED EARTH MOVING $42.84 1M 50 8L EQUIP RIGGER AND BELLMAN $39.57 1M 50 8L ROLLAGON $42.84 1M 50 8L ROLLER, OTHER THAN PLANT ROAD MIX $39.57 1M 50 8L ROLLERS, PLANTMIX OR MUL TILlFT MATERIALS $41.93 1M 50 8L ROTO-MILL, ROTO-GRINDER $42.35 1M 50 8L SAWS, CONCRETE $41.93 1M 50 8L SCRAPERS - SELF PROPELLED, HARD TAIL END DUMP, ARTICULATING $42.35 1M 50 8L OFF-ROAD EQUIPMENT ( UNDER 45 YO) SCRAPERS - SELF PROPELLED, HARD TAIL END DUMP, ARTICULATING $42.84 1M 50 8L OFF-ROAD EQUIPMENT (45 YO AND OVER) SCRAPERS, CONCRETE AND CARRY ALL $41.93 1M 50 8L SCREED MAN $42.35 1M 50 8L SHOTCRETE GUNITE $39.57 1M 50 8L SLlPFORM PAVERS $42.84 1M 50 8L SPREADER, TOPSIDE OPERATOR - BLAW KNOX $42.35 1M 50 8L SUBGRADE TRIMMER $42.35 1M 50 8L TOWER BUCKET ELEVATORS $41.93 1M 50 8L TRACTORS, (75 HP & UNDER) $41.93 1M 50 8L TRACTORS, (OVER 75 HP) $42.35 1M 50 8L TRANSFER MATERIAL SERVICE MACHINE $42.35 1M 50 8L TRANSPORTERS, ALL TRACK OR TRUCK TYPE $42.84 1M 50 8L TRENCHING MACHINES $41.93 1M 50 8L TRUCK CRANE OILER/DRIVER ( UNDER 100 TON) $41.93 1M 50 8L TRUCK CRANE OILER/DRIVER (100 TON & OVER) $42.35 1M 50 8L TRUCK MOUNT PORTABLE CONVEYER $42.35 1M 50 8L WHEEL TRACTORS, FARMALL TYPE $39.57 1M 50 8L YO YO PAY DOZER $42.35 1M 50 8L POWER EQUIPMENT OPERA TORS- UNDERGROUND SEWER & (SEE POWER EQUIPMENT OPERATORS) POWER LINE CLEARANCE TREE TRIMMERS JOURNEY LEVEL IN CHARGE $34.75 4A 5A SPRAY PERSON $33.00 4A 5A TREE EQUIPMENT OPERATOR $33.43 4A 5A TREE TRIMMER $31.10 4A 5A TREE TRIMMER GROUNDPERSON $23.43 4A SA REFRIGERATION & AIR CONDITIONING MECHANICS MECHANIC $52.01 1G 5A RESIDENTIAL BRICK & MARBLE MASONS JOURNEY LEVEL $27.05 RESIDENTIAL CARPENTERS JOURNEY LEVEL $23.47 RESIDENTIAL CEMENT MASONS JOURNEY LEVEL $22.64 RESIDENTIAL DRYWALL TAPERS JOURNEY LEVEL $41.14 1E 5P RESIDENTIAL ELECTRICIANS JOURNEY LEVEL $26.24 RESIDENTIAL GLAZIERS JOURNEY LEVEL $27.89 1H 5G Page 7 KING COUNTY Effective 08-31-06 ***************************************************************************************************************** (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Code TELEPHONE EQUIPMENT OPERATOR (HEAVY) $29.89 2B 5A TELEPHONE EQUIPMENT OPERATOR (LIGHT) $27.82 2B 5A TELEVISION GROUND PERSON $15.96 2B 5A TELEVISION L1NEPERSON/INSTALLER $21. 17 2B 5A TELEVISION SYSTEM TECHNICIAN $25.15 2B 5A TELEVISION TECHNICIAN $22.64 2B 5A TREE TRIMMER $27.82 2B 5A TERRAZZO WORKERS & TILE SETTERS JOURNEY LEVEL $40.33 1B 5A TILE, MARBLE & TERRAZZO FINISHERS FINISHER $34.16 1B 5A TRAFFIC CONTROL STRIPERS JOURNEY LEVEL $34.90 1K 5A TRUCK DRIVERS ASPHALT MIX (TO 16 YARDS) $39.04 1T 50 8L ASPHALT MIX (OVER 16 YARDS) $39.62 1T 50 8L DUMP TRUCK $39.04 1T 50 8L DUMP TRUCK & TRAILER $39.62 1T 50 8L OTHER TRUCKS $39.62 1T 50 8L TRANSIT MIXER $23.45 1 WELL DRILLERS & IRRIGATION PUMP INSTALLERS IRRIGATION PUMP INSTALLER $17.71 OILER $12.97 WELL DRILLER $17.68 Page 9 4 BENEFIT CODE KEY - EFFECTIVE 08-31-06 ************************************************************************************************************************ OVERTIME CODES OVERTIME CALCULATIONS ARE BASED ON TIlE HOURLY RATE ACTUALLY PAID TO THE WORKER. ON PUBLIC WORKS PROJECTS, THE HOURLY RATE MUST BE NOT LESS THAN THE PREV AILING RATE OF WAGE MINUS THE HOURL Y 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-HALF TIMES THE HOURLY RATE OF WAGE. A. ALL HOURS WORKED ON SATURDAYS, SUNDAYS AND HOLIDAYS SHALL ALSO BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. B. 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 SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. C. THE FIRST TWO (2) HOURS AFTER EIGHT (8) REGULAR HOURS MONDAY THROUGH FRIDAY AND THE FIRST TEN (10) HOURS ON SATURDAYS HALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL OTHER OVERTIME HOURS WORKED SHALL BE PAID AT DOUBLE THE HOURL Y RATE OF WAGE. D. THE FIRST TWO (2) HOURS BEFORE OR AFTER A FIVE - EIGHT (8) HOUR WORKWEEK DAY OR A FOUR - TEN (10) HOUR WORKWEEK DAY AND THE FIRST EIGHT (8) HOURS WORKED THE NEXT DAY AFTER EITHER WORKWEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. 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 SA TURDA Y SHALL BE PAID ATONE 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 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 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 THREE TIMES THE HOURL Y RATE OF WAGE. G. THE FIRST TEN (10) HOURS WORKED ON SATURDAYS AND THE FIRST TEN (10) HOURS WORKED ON A FIFTH CALENDAR WEEKDAY IN A FOUR - TEN HOUR SCHEDULE, 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 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 SATURDAY OVER TWELVE (12) HOURS AND ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURL Y 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 P AID AT DOUBLE THE HOURL Y RATE OF WAGE. K. ALL HOURS WORKED ON SA TURDA YS AND SUNDAYS SHALL BE PAID ATONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURL Y RATE OF WAGE. 1. ALL HOURS WORKED IN EXCESS OF TEN (10) HOURS PER DAY MONDAY THROUGH SATURDAY AND ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURL Y RATE OF WAGE. M. ALL HOURS WORKED ON SATURDAYS (EXCEPT MAKEUP DAYS IF WORK IS LOST DUE TO INCLEMENT WEATHER CONDITIONS) SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE P AID AT DOUBLE THE HOURL Y RATE OF WAGE. N. ALL HOURS WORKED ON SATURDAYS (EXCEPT MAKEUP DAYS) 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. O. THE FIRST TEN (10) HOURS WORKED ON SA TURDA Y SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL 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 DAYS) AND SUNDAYS SHALL BE PAID ATONE AND ONE- HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. BENEFIT CODE KEY - EFFECTIVE 08-31-06 -3- 2. K. ALL HOURS WORKED ON HOLIDAYS SHALL BE P AID AT TWO TIMES THE HOURLY RATE OF WAGE IN ADDITION TO THE HOLIDAY PAY. M. ALL HOURS WORKED ON SA TURDA YS, SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. O. ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. P. THE FIRST EIGHT (8) HOURS ON SATURDAY SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED IN EXCESS OF EIGHT 8) HOURS ON SATURDAY AND ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT TWO TIMES THE HOURL Y RATE OF WAGE. 4A. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT DOUBLE THE HOURL Y RATE OF WAGE. ALL HOURS WORKED ON SA TURDA YS, SUNDAYS AND HOLIDAYS SHALL BE P AID AT DOUBLE THE HOURL Y RATE OF WAGE. HOLIDAY CODES 5. A. HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, FRIDAY AFTER THANKSGIVING DAY, AND CHRISTMAS DAY (7). B. HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, FRIDAY AFTER THANKSGIVING DAY, THE DAY BEFORE CHRISTMAS, AND CHRISTMAS DAY (8). C. HOLIDAYS: NEW YEAR'S DAY, PRESIDENTS' DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, AND CHRISTMAS DAY (8). D. HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE FRIDAY AND SA TURDA Y AFTER THANKSGIVING DAY, AND CHRISTMAS DAY (8). E. HOLIDAYS: NEW YEAR'S DAY, PRESIDENTS' DAY, MEMORIAL DAY, INDEPENDENCE DAY, PRESIDENTIAL ELECTION DA Y, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, AND CHRISTMAS DAY (8). F. HOLIDAYS: NEW YEAR'S DAY, MARTIN LUTHER KING JR. DAY, PRESIDENTS' DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, VETERANS' DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, AND CHRISTMAS DAY (II). G. HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE LAST WORK DAY BEFORE CHRISTMAS DAY, AND CHRISTMAS DAY (7). H. HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, THANKSGIVING DAY, THE DAY AFTER THANKSGIVING DAY, AND CHRISTMAS (6). I. HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, AND CHRISTMAS DAY (6). 1. HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, THANKSGIVING DAY, FRIDAY AFTER THANKSGIVING DAY, CHRISTMAS EVE DAY, AND CHRISTMAS DAY (7). N. HOLIDAYS: NEW YEAR'S DAY, PRESIDENTS' DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, VETERANS' DA Y, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, AND CHRISTMAS 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). Q. PAID HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, AND CHRISTMAS DA Y(6). R. PAID HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, DAY AFTER THANKSGIVING DAY, ONE-HALF DAY BEFORE CHRISTMAS 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, LABOR DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, CHRISTMAS DAY, AND THE DAY BEFORE OR AFTER CHRISTMAS (10). BENEFIT CODE KEY - EFFECTIVE 08-31-06 -5- OVER 175' TO 250' - $5.50 PER FOOT FOR EACH FOOT OVER 175 FEET OVER 250' - DIVERS MAY NAME THEIR OWN PRICE, PROVIDED IT IS NO LESS THAN THE SCALE LISTED FOR 250 FEET C. THE STANDBY RATE OF PAY FOR DIVERS SHALL BE ONE-HALF TIMES THE DIVERS RATE OF PAY. IN ADDITION TO THE HOURLY WAGE AND FRINGE BENEFITS, THE FOLLOWING DEPTH PREMIUMS 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' - $1.50 PER FOOT FOR EACH FOOT OVER 100 FEET OVER 150' TO 200' - $2.00 PER FOOT FOR EACH FOOT OVER 150 FEET OVER 200' - DIVERS MAY NAME THEIR OWN PRICE D. WORKERS WORKING WITH SUPPLIED AIR ON HAZMAT PROJECTS RECEIVE AN ADDITIONAL $1.00 PER HOUR. L. WORKERS ON HAZMAT PROJECTS RECEIVE ADDITIONAL HOURLY PREMIUMS AS FOLLOWS - LEVEL A: $0.75, LEVEL B: $0.50, AND LEVEL C: $0.25. M. WORKERS ON HAZMAT PROJECTS RECEIVE ADDITIONAL HOURLY PREMIUMS AS FOLLOWS: LEVELS A & B: $1.00, LEVELS C & D: $0.50. N. WORKERS ON HAZMAT PROJECTS RECEIVE ADDITIONAL HOURLY PREMIUMS AS FOLLOWS - LEVEL A: $1.00, LEVEL B: $0.75, LEVEL C: $0.50, AND LEVEL D: $0.25.