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Home My WebLink About4093 -1 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 ~;;t;~'U ,2006. CI .~ L-? ATTEST: /:)rJ::ul ~ Danlel1e 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, WA 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. SEP 1 2006 .J EMERGENCY PUBLIC WORK CONTRACT NO. 06-22 August 25, 2006 Page I 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.m., 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 10:00 p.m. and 7:00 a.m. during weekdays and between the hours of 10:00 p.m. and 9:00 a.m. on weekends or holidays may also be subject 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 for a lump sum price of sixty-two thousand eight hundred thirty-nine dollars and no cents ($62,839.00), plus Washington State Sales Tax of five thousand five hundred twenty-nine dollars and eighty- three cents ($5,529.83) for a total of sixty-eight thousand three hundred sixty-eight dollars and eighty-three cents ($68,368.83). Our sales tax area is 1702 for King County. No payment shall be issued until a Statement ofIntent 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-eight thousand three hundred sixty-eight dollars and eighty-three cents ($68,368.83). EMERGENCY PUBLIC WORK CONTRACT NO. 06-22 August 25, 2006 Page 2 of 12 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 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 offorty-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 EMERGENCY PUBLIC WORK CONTRACT NO. 06-22 August 25,2006 Page 3 of 12 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 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. EMERGENCY PUBLIC WORK CONTRACT NO. 06-22 August 25, 2006 Page 4 of 12 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: 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 of the 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 (15) 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 EMERGENCY PUBLIC WORK CONTRACT NO. 06-22 August 25, 2006 Page 5 of 12 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 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: 1. 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. EMERGENCY PUBLIC WORK CONTRACT NO. 06-22 August 25, 2006 Page 6 of 12 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. 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 EMERGENCY PUBLIC WORK CONTRACT NO. 06-22 August 25, 2006 Page 7 of 12 shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. Ifthe Contractor does not accomplish the 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 8 of 12 XIII. INDEMNIFICATION. Contractor shall defend, indemnity 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 51 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 I EMERGENCY PUBLIC WORK CONTRACT NO. 06-22 August 25, 2006 Page 9 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 ofthe 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 10 10 0 I and Additional Insured-Completed Operations endorsement CG 20 37 10 0 I 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 ofInsurers. 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 ofthe 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 10 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 deductible 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 to 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 II 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. I. 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 12 of 12 IN WITNESS WHEREOF, the parties below have executed this Contract. ~~ (Signature) By Peter H. Narbonne, Sr. Vice President (Print name here) THE~ ~ (Signature) ACCO ENGINEERED SYSTEMS By Peter B. Lewis Its (Authorized representative) Its Mayor DATE: f - fS---{) ~ DATE: OCT 1 8 2006 Contractor's State License No. A e-eo~s;q11 Dtt State Tax Registration (UBI) No. 6&/ -OC'J.f- 610 9 Federal Tax 10 # 95'" I&- ~ 5/;;L...3 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, W A 98001 Phone: 253.288.3158 Fax: 253.804.3116 E-mail: mellingson@auburnwa.gov ATTEST: ,L~.J EMERGENCY PUBLIC WORK CONTRACT NO. 06-22 August 25, 2006 Page 13 of 12 EXHIBITS "A" & "B" CONTRACT NO. 06-22 CP0640 - EMERGENCY BOilER REPLACEMENT EXHIBIT "A" Auburn City Hall Boiler Replacement Labor and Material Breakdown -, I engineered . systems ACCO Job #: 0 Job Name: Boiler Upgrade Descri tion of work: Replace existing failing hot water tanks with new boiler. Includes: Demo of existing systems, repiping, new pump. Test, start up , inspect. Alternate for Re:clli.ndant $Y$t~rrl2BoilQ"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 / ManaQement 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 submll those costs at that time. Submitted by: Dale: Approved by: Date: Signature A -L:/I:. /VJ/ J?. <S 2 L/. ~I'JO. I-/- f( 8/17/06 FROM Aeeo Engineered Systems (MON) 8.28' 06 8:40/ST. 8:39/NO.4864503480 P EXHIBIT "B" AI engineered '*' systems Extra Work Proposal Labor and Material Breakdown ACCO Job #: 0 Job Name: Auburn City Hall Boller Upgrade Description 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: o workdays. hours of overtime. waiting Thj~ prico d06& not Include any culling 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 latM dete thaI we are experl ng Impact cost bacause of mUIUple changes, delays. or causes beyond our control. we will submit those costs at that time. Submitted by: Danny J. Dallum \ Project Manager Dale: 8/28/06 Approved by: Signature Date: . ' . PREVAILING WAGE RATES CONTRACT NO. 06-22 CP0640 - EMERGENCY BOILER REPLACEMENT BENEFIT CODE KEY - EFFECTIVE 08-31-06 -4- 5. V. PAID HOLIDAYS: SIX (6) PAID HOLIDAYS. W. PAID HOLIDAYS: NINE (9) PAID HOLIDAYS. X. HOLIDAYS: AFTER 520 HOURS - NEW YEAR'S DAY, THANKSGIVING DAY AND CHRISTMAS' DAY. AFTER 2080 HOURS - NEW YEAR'S DAY, WASHINGTON'S BIRTHDAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, CHRISTMAS DAY AND A FLOATING HOLIDAY (8). Y. HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, PRESIDENTIAL ELECTION DAY, THANKSGIVING DAY, THE FRIDAY FOLLOWING THANKSGIVING DAY, AND CHRISTMAS DAY (8). Z. HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, VETERANS DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, AND CHRISTMAS DAY (8). 6. A. PAID HOLIDAYS: NEW YEAR'S DAY, PRESIDENTS' DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, AND CHRISTMAS DAY (8). B. PAID HOLIDAYS: NEW YEAR'S EVE DAY, NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, CHRISTMAS EVE'S DAY, AND CHRISTMAS DAY (9). C. HOLIDAYS: NEW YEAR'S DAY, PRESIDENTS' DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE DAY AFTER THANKSGIVING DAY, THE LAST WORK DAY BEFORE CHRISTMAS DAY, AND CHRISTMAS DAY (9). D. PAID HOLIDAYS: NEW YEAR'S DAY, PRESIDENTS' DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, CHRISTMAS DAY, THE DAY BEFORE OR THE DAY AFTER CHRISTMAS DAY (9). F. PAID HOLIDAYS: NEW YEAR'S DAY, MARTIN LUTHER KING JR. DAY, PRESIDENTS' DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, VETERANS' DAY, THANKSGIVING DAY, THE DAY AFTER THANKSGIVING DAY, AND CHRISTMAS DAY (II). I. PAID HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DA Y, FRIDAY AFTER THANKSGIVING DAY, AND CHRISTMAS DAY (7). L. 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) Q. PAID HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, VETERANS DAY, THANKSGIVING DAY, THE DAY AFTER THANKSGIVING DAY AND CHRISTMAS DAY (8). UNPAID HOLIDA Y~ PRESIDENTS' DAY. T. PAID HOLIDAYS: NEW YEAR'S DAY, PRESIDENTS' DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, THE LAST WORKING DAY BEFORE CHRISTMAS DAY, AND CHRISTMAS DA Y (9). U. HOLIDAYS: NEW YEAR'S DAY, DAY BEFORE NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, THE DAY BEFORE CHRISTMAS DAY, CHRISTMAS DAY (9). V. PAID HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DA Y, DAY AFTER THANKSGIVING DAY, CHRISTMAS EVE DAY, CHRISTMAS DAY, AND ONE DAY OF THE EMPLOYEE'S CHOICE (9). W. PAID HOLIDAYS: NEW YEAR'S DAY, DAY BEFORE NEW YEAR'S DAY, PRESIDENTS DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, DAY AFTER THANKSGIVING DAY, CHRISTMAS DAY, DAY BEFORE OR AFTER CHRISTMAS DAY (10). X. PAID HOLIDAYS: NEW YEAR'S DAY, DAY BEFORE OR AFTER NEW YEAR'S DAY, PRESIDENTS DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, DAY AFTER THANKSGIVING DA Y, CHRISTMAS DAY, DAY BEFORE OR AFTER CHRISTMAS DAY, EMPLOYEE'S BIRTHDAY (I I). NOTE CODES 8. A. THE STANDBY RATE OF PAY FOR DIVERS SHALL BE ONE-HALF TIMES THE DIVERS RATE OF PAY. IN ADDlTlON 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 175' - $2.25 PER FOOT FOR EACH FOOT OVER 100 FEET BENEFIT CODE KEY - EFFECTIVE 08-31-06 -2- L 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 AND HOLIDAYS (EXCEPT CHRISTMAS DAY) SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON CHRISTMAS DAY SHALL BE PAID AT TWO AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. R. ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT TWO TIMES THE HOURL Y RATE OF WAGE. 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 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 HOURLY RATE OF WAGE. T. ALL HOURS WORKED ON SATURDAYS, EXCEPT MAKE-UP DAYS, SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED AFTER 6:00PM SATURDAY TO 6:00AM MONDAY AND ON HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURL Y RATE OF WAGE. U. ALL HOURS WORKED ON SA TURDA YS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURL Y RATE OF W AGE. ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS (EXCEPT LABOR DAY) SHALL BE PAID AT TWO TIMES THE HOURL Y RATE OF WAGE. ALL HOURS WORKED ON LABOR DAY SHALL BE P AID AT THREE TIMES THE HOURL YRA TE OF WAGE. V. ALL HOURS WORKED ON SA TURDA YS, SUNDAYS AND HOLIDAYS (EXCEPT THANKSGIVING DAY AND CHRISTMAS DAY) SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON THANKSGIVING DAY AND CHRISTMAS DAY SHALL BE P AID AT DOUBLE THE HOURL Y RATE OF WAGE. W. ALL HOURS WORKED ON SATURDAYS AND SUNDAYS (EXCEPT MAKE-UP DAYS) SHALL BE P AID AT ONE 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 2. 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 HOURL Y RATE OF WAGE. A. THE FIRST SIX (6) HOURS ON SATURDAY SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF W AGE. ALL HOURS WORKED IN EXCESS OF SIX (6) HOURS ON SA TURD A Y AND ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. B. ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. C. ALL HOURS WORKED ON SUNDAYS SHALL BE P AID AT ONE AND ONE-HALF TIMES THE HOURL Y RATE OF WAGE. ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. D. ALL HOURS WORKED ON SATURDAYS AND SUNDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. THE FIRST EIGHT (8) HOURS WORKED ON HOLIDAYS SHALL BE PAID AT STRAIGHT TIME IN ADDITION TO THE HOLIDAY PAY. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS ON HOLIDAYS SHALL BE P AID AT ONE AND ONE-HALF TIMES THE HOURL Y RATE OF WAGE. E. ALL HOURS WORKED ON SA TURDA YS OR HOLIDAYS (EXCEPT LABOR DAY) SHALL BE PAID AT ONE AND ONE- HALF TIMES THE HOURL Y RATE OF WAGE. ALL HOURS WORKED ON SUNDAYS OR ON LABOR DAY SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. F. THE FIRST EIGHT (8) HOURS WORKED ON HOLIDAYS SHALL BE P AID AT THE STRAIGHT HOURL Y RATE OF WAGE IN ADDlTlON TO THE HOLIDAY PAY. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS ON HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURL Y RATE 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. H. ALL HOURS WORKED ON SUNDAY SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURL Y RATE OF WAGE. L ALL HOURS WORKED ON SATURDAYS AND HOLIDAYS (EXCEPT LABOR DAY) SHALL BE PAID AT ONE AND ONE- HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON SUNDAYS AND ON LABOR DAY SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. J. ALL HOURS WORKED ON SUNDAYS 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 THE HOLIDAY PAY. ALL HOURS WORKED ON UNPAID HOLIDAYS SHALL BE PAID AT TWO TIMES THE HOURL Y RATE OF WAGE. KING COUNTY Effective 08-31-06 ***************************************************************************************************************** Classification RESIDENTIAL INSULATION APPLICATORS JOURNEY LEVEL RESIDENTIAL LABORERS JOURNEY LEVEL RESIDENTIAL PAINTERS JOURNEY LEVEL RESIDENTIAL PLUMBERS & PIPEFITTERS JOURNEY LEVEL RESIDENTIAL REFRIGERATION & AIR CONDITIONING JOURNEY LEVEL RESIDENTIAL SHEET METAL WORKERS JOURNEY LEVEL (FIELD OR SHOP) RESIDENTIAL SOFT FLOOR LAYERS JOURNEY LEVEL RESIDENTIAL SPRINKLER FITTERS (FIRE PROTECTION) JOURNEY LEVEL RESIDENTIAL TERRAZZO/TILE FINISHERS JOURNEY LEVEL RESIDENTIAL TERRAZZO/TILE SETTERS JOURNEY LEVEL ROOFERS JOURNEY LEVEL USING IRRITABLE BITUMINOUS MATERIALS SHEET METAL WORKERS JOURNEY LEVEL (FIELD OR SHOP) SIGN MAKERS & INSTALLERS (ELECTRICAL) SIGN INSTALLER SIGN MAKER SIGN MAKERS & INSTALLERS (NON-ELECTRICAL) SIGN INSTALLER SIGN MAKER SOFT FLOOR LAYERS JOURNEY LEVEL SOLAR CONTROLS FOR WINDOWS JOURNEY LEVEL SPRINKLER FITTERS (FIRE PROTECTION) JOURNEY LEVEL STAGE RIGGING MECHANICS (NON STRUCTURAL) JOURNEY LEVEL SURVEYORS CHAIN PERSON INSTRUMENT PERSON PARTY CHIEF TELECOMMUNICATION TECHNICIANS TELECOMMUNICATION TECHNICIANS JOURNEY LEVEL TELEPHONE LINE CONSTRUCTION - OUTSIDE CABLE SPLICER HOLE DIGGER/GROUND PERSON INSTALLER (REPAIRER) JOURNEY LEVEL TELEPHONE L1NEPERSON SPECIAL APPARATUS INSTALLER I SPECIAL APPARATUS INSTALLER /I PREVAILING WAGE $17.60 $18.12 $18.36 $22.95 $52.01 $19.48 $33.76 $29.51 $26.30 $40.33 $35.78 $38.78 $49.97 $23.36 $16.84 $17.31 $15.61 $33.76 $12.44 $51.84 $13.23 $9.35 $11.40 $13.40 $22.76 $29.89 $16.81 $28.68 $27.82 $29.89 $29.30 Page 8 (See Benefit Code Key) Over Time Holiday Note Code Code Code 1G 5A 1B 5A 1B 5C 1B 5A 1R 1R 5A 5A 1E 6L 1B 5A 5S 1H 5C 2B 2B 2B 2B 2B 2B 5A 5A 5A 5A 5A 5A KING COUNTY Effective 08-31-06 ***************************************************************************************************************** (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Code CRANES, THRU 19 TONS, WITH ATTACHMENTS $41.93 1M 50 8L CRANES, 20 - 44 TONS, WITH ATTACHMENTS $42.35 1M 50 8L CRANES, 45 TONS - 99 TONS, UNDER 150 FT OF BOOM (INCLUDING $42.84 1M 50 8L JIB WITH ATACHMENTS) CRANES, 100 TONS -199 TONS, OR 150 FT OF BOOM (INCLUDING JIB $43.39 1M 50 8L WITH ATTACHMENTS) CRANES, 200 TONS TO 300 TONS, OR 250 FT OF BOOM (INCLUDING JIB $43.96 1M 50 8L WITH ATTACHMENTS) CRANES, A-FRAME, 10 TON AND UNDER $39.57 1M 50 8L CRANES, A-FRAME, OVER 10 TON $41.93 1M 50 8L CRANES, OVER 300 TONS, OR 300' OF BOOM INCLUDING JIB WITH $44.52 1M 50 8L ATTACHMENTS CRANES, OVERHEAD, BRIDGE TYPE ( 20 - 44 TONS) $42.35 1M 50 8L CRANES, OVERHEAD, BRIDGE TYPE ( 45 - 99 TONS) $42.84 1M 50 8L CRANES, OVERHEAD, BRIDGE TYPE (100 TONS & OVER) $43.39 1M 50 8L CRANES, TOWER CRANE UP TO 175' IN HEIGHT, BASE TO BOOM $43.39 1M 50 8L CRANES, TOWER CRANE OVER 175' IN HEIGHT, BASE TO BOOM $43.96 1M 50 8L CRUSHERS $42.35 1M 50 8L DECK ENGINEERJDECK WINCHES (POWER) $42.35 1M 50 8L DERRICK, BUILDING $42.84 1M 50 8L DOZERS, 0-9 & UNDER $41.93 1M 50 8L DRILL OILERS - AUGER TYPE, TRUCK OR CRANE MOUNT $41.93 1M 50 8L DRILLING MACHINE $42.35 1M 50 8L ELEVATOR AND MANlIFT, PERMANENT AND SHAFT-TYPE $39.57 1M 50 8L EQUIPMENT SERVICE ENGINEER (OILER) $41.93 1M 50 8L FINISHING MACHINE/BIDWELL GAMACO AND SIMILAR EQUIP $42.35 1M 50 8L FORK LIFTS, (3000 LBS AND OVER) $41.93 1M 50 8L FORK LIFTS, (UNDER 3000 LBS) $39.57 1M 50 8L GRADE ENGINEER $41.93 1M 50 8L GRADECHECKER AND STAKEMAN $39.57 1M 50 8L GUARDRAIL PUNCH $42.35 1M 50 8L HOISTS, OUTSIDE (ELEVATORS AND MANlIFTS), AIR TUGGERS $41.93 1M 50 8L HORIZONTAUDIRECTIONAL DRILL LOCATOR $41.93 1M 50 8L HORIZONT AUD1RECTIONAL DRILL OPERATOR $42.35 1M 50 8L HYDRAlIFTS/BOOM TRUCKS (10 TON & UNDER) $39.57 1M 50 8L HYDRAlIFTS/BOOM TRUCKS (OVER 10 TON) $41.93 1M 50 8L LOADERS, OVERHEAD (6 YO UP TO 8 YO) $42.84 1M 50 8L LOADERS, OVERHEAD (8 YO & OVER) $43.39 1M 50 8L LOADERS, OVERHEAD (UNDER 6 YO), PLANT FEED $42.35 1M 50 8L LOCOMOTIVES, ALL $42.35 1M 50 8L MECHANICS, ALL $42.84 1M 50 8L MIXERS, ASPHALT PLANT $42.35 1M 50 8L MOTOR PATROL GRADER (FINISHING) $42.35 1M 50 8L MOTOR PATROL GRADER (NON-FINISHING) $41.93 1M 50 8L MUCKING MACHINE, MOLE. TUNNEL DRILL AND/OR SHIELD $42.84 1M 50 8L OIL DISTRIBUTORS, BLOWER DISTRIBUTION AND MULCH SEEDING $39.57 1M 50 8L OPERATOR PAVEMENT BREAKER $39.57 1M 50 8L PILEDRIVER (OTHER THAN CRANE MOUNT) $42.35 1M 50 8L PLANT OILER (ASPHALT, CRUSHER) $41.93 1M 50 8L POSTHOLE DIGGER. MECHANICAL $39.57 1M 50 8L POWER PLANT $39.57 1M 50 8L PUMPS, WATER $39.57 1M 50 8L Page 6 KING COUNTY Effective 08-31-06 ***************************************************************************************************************** Classification GUARDRAIL ERECTOR HAZARDOUS WASTE WORKER LEVEL A HAZARDOUS WASTE WORKER LEVEL B HAZARDOUS WASTE WORKER LEVEL C HIGH SCALER HOD CARRIERlMORTARMAN JACKHAMMER LASER BEAM OPERATOR MANHOLE BUILDER-MUDMAN MATERIAL YARDMAN MINER NOZZLEMAN, CONCRETE PUMP, GREEN CUTTER WHEN USING HIGH PRESSURE AIR & WATER ON CONCRETE & ROCK, SANDBLAST, GUNITE. SHOTCRETE, WATER BLASTER PAVEMENT BREAKER PILOT CAR PIPE POT TENDER PIPE RELlNER (NOT INSERT TYPE) PIPELAYER & CAULKER PIPELAYER & CAULKER (LEAD) PIPEWRAPPER POT TENDER POWDERMAN POWDERMAN HELPER POWERJACKS RAILROAD SPIKE PULLER (POWER) RE-TIMBERMAN RIPRAP MAN RODDER SCAFFOLD ERECTOR SCALE PERSON SIGNALMAN SLOPER (OVER 20") SLOPER SPRA YMAN SPREADER (CLARY POWER OR SIMILAR TYPES) SPREADER (CONCRETE) STAKE HOPPER STOCKPILER TAMPER & SIMILAR ELECTRIC. AIR & GAS TAMPER (MULTIPLE & SELF PROPELLED) TOOLROOM MAN (AT JOB SITE) TOPPER-TAILER TRACK LABORER TRACK LINER (POWER) TRUCK SPOTTER TUGGER OPERATOR VIBRATING SCREED (AIR, GAS, OR ELECTRIC) VIBRATOR VINYL SEAMER WELDER WELL-POINT LABORER Page 4 PREVAILING WAGE $34.36 $35.20 $34.84 $34.36 $35.20 $34.84 $34.84 $34.84 $34.84 $34.36 $35.20 $34.84 $34.84 $29.68 $34.84 $34.84 $34.84 $35.20 $34.84 $34.36 $35.20 $34.36 $34.84 $34.84 $35.20 $34.36 $34.84 $34.36 $34.36 $34.36 $34.84 $34.36 $34.84 $34.84 $34.36 $34.36 $34.84 $34.84 $34.36 $34.36 $34.36 $34.84 $34.36 $34.84 $34.36 $34.84 $34.36 $34.36 $34.84 (See Benefit Code Key) Over Time Holiday Note Code Code Code 1M 5D 1M 5D 1M 50 1M 5D 1M 5D 1M 5D 1M 5D 1M 50 1M 5D 1M 5D 1M 5D 1M 5D 1M 50 1M 50 1M 50 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 50 1M 5D 1M 5D 1M 5D 1M 50 1M 5D 1M 5D 1M 5D 1M 5D 1M 5D 1M 50 1M 5D 1M 5D 1M 5D 1M 50 1M 50 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 ELECTRICIANS - INSIDE CABLE SPLICER $52.30 10 5A CABLE SPLICER (TUNNEL) $56.21 10 5A CERTIFIED WELDER $50.53 10 5A CERTIFIED WELDER (TUNNEL) $54.26 10 5A CONSTRUCTION STOCK PERSON $27.32 10 5A JOURNEY LEVEL $48.75 10 5A JOURNEY LEVEL (TUNNEL) $52.30 1D 5A ELECTRICIANS - MOTOR SHOP CRAFTSMAN $15.37 2A 6C JOURNEY LEVEL $14.69 2A 6C ELECTRICIANS - POWERLlNE CONSTRUCTION CABLE SPLICER $52.38 4A 5A CERTIFIED LINE WELDER $47.88 4A 5A GROUNDPERSON $34.87 4A 5A HEAD GROUNDPERSON $36.75 4A 5A HEAVY LINE EQUIPMENT OPERATOR $47.88 4A 5A JACKHAMMER OPERATOR $36.75 4A 5A JOURNEY LEVEL L1NEPERSON $47.88 4A 5A LINE EQUIPMENT OPERATOR $40.87 4A 5A POLE SPRAYER $47.88 4A 5A POWDERPERSON $36.75 4A 5A ELECTRONIC TECHNICIANS ELECTRONIC TECHNICIANS JOURNEY LEVEL $31.00 ELEVATOR CONSTRUCTORS MECHANIC $55.22 4A 6Q MECHANIC IN CHARGE $60.60 4A 6Q FABRICATED PRECAST CONCRETE PRODUCTS ALL CLASSIFICATIONS $12.30 2K 5B FENCE ERECTORS FENCE ERECTOR $18.71 FENCE LABORER $12.77 FLAGGERS JOURNEY LEVEL $29.68 1M 50 GLAZIERS JOURNEY LEVEL $42.41 1H 5G HEAT & FROST INSULATORS AND ASBESTOS WORKERS MECHANIC $44.68 1S 5J HEATING EQUIPMENT MECHANICS MECHANIC $33.65 HOD CARRIERS & MASON TENDERS JOURNEY LEVEL $34.84 1M 50 INDUSTRIAL ENGINE AND MACHINE MECHANICS MECHANIC $15.65 INDUSTRIAL POWER VACUUM CLEANER JOURNEY LEVEL $9.07 INLAND BOATMEN CAPTAIN $37.34 1K 5B COOK $31.23 1K 5B DECKHAND $30.90 1K 5B ENGINEER/DECKHAND $33.65 1K 5B MATE, LAUNCH OPERATOR $35.32 1K 5B Page 2 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 ST ANDBY 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 ISO' - $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. 6Y 4-, I C:-. .p 0 &.,<-\:. 0 ( Res ~ ADDENDUM NO.1 ADDENDUM TO EMERGENCY PUBLIC WORK CONTRACT NO. 06-22, BETWEEN ACCO ENGINEERED SYSTEMS AND THE CITY OF AUBURN RELATING TO EMERGENCY BOILER REPLACEMENT AT CITY HALL THIS ADDENDUM is made and entered into this jJ day of () ~ , 200~, by and between ACCO Engineered Systems, 835 North Central Avenue, Kent, W A 98032-3099 (hereinafter referred to as "CONTRACTOR") and the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY"), as an addendum to the c~etween the parties for emergency boiler replacement, executed on the ~dayof (0(1 ,200~. WIT N E SSE T H: WHEREAS, the CONTRACTOR has discovered that the existing boiler vent flue is of insufficient size to service the boilers; and, WHEREAS, additional airflow is necessary to ensure that the new boilers will function properly. NOW THEREFORE in consideration oftheir mutual covenants, conditions and promises, the PARTIES HERETO HEREBY AGREE as follows: The CONTRACTOR shall install an exhaust fan and fan controller per the CONTRACTOR'S Extra Work Proposal #1, dated September 26,2006, for the quoted amount of $10,570.00, plus tax. REMAINING TERMS UNCHANGED: All other terms of the subject Emergency Public Works Contract shall remain unchanged, and in full force and effect. IN WITNE~SS WHEREOF the parties hereto have executed this Agreement as ofthe day and year first above . ten. \;5\) (Other Party) By: Its: page 1 Attest: Attest: By: Ixu~ uikd~ Danielle E. Daskam. City Clerk By: Its: Approved as to form: Attorney for page 2 Extra Work Proposal Labor and Material Breakdown _I . I engineered . systems ACCO Job #: 872454 Job Name: Boiler Vent Upgrade Description of work: Furnish and install power relief for exhaust of Boilers. Required to comply with new boiler venting codes due to undersized piping size. Includes new controller, fan and attachement to existing vent ninino. Date: 9/26/06 Extra Work Proposal # : 1 Pricing Breakdown: Exhausto power exhaust and new controls Sheet Metal-Shop Lining Shop _ Welding Shop Teamsters Sheet Metal-Field to set new fan Plumbing-Sh()p_u __ Plumbing-FiE3~_____ HV AC Pieing-~~__ J-fV Ac; Piping-Field Process Piping-Shoe Process Piping-Field Rigging Systems Operations for controls programming Project E~gineE3ring / Management Rentals Jobsite Expenses Misc. materials ----.----- 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% 15% $5,820 $0 $0 $0 $0 $940 $0 $0 $0 $0 $0 $0 $0 $701 $598 $0 $0 $72 $0 $163 $8,293 $0 $8,293 $829 $1,368 $10,491 $0 $0 $79 $10,570 0,00% 5% 0.75% Time extension required because of labor added by this change is This proposal is based on 32 hours of straight time and ACCO is: Proceeding with this work: Waiting for authorization: 3 o workdays. hours of overtime. waiting This price does not include any cutting or patching of drywall, plumbing, electricai, excavation, backfiliing, 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 eriencing impact cost because of muitiple changes, deiays, or causes beyond our control, we wili submit those costs at that time. Date: 9/26/06 Submitted by: Approved by: Date: Signature