Loading...
HomeMy WebLinkAbout2006-075 - Construction Contract with N2 Markings, LLCr~'1 BILL NO.2006-75 ORDINANCE NO.2006-75 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A CONSTRUCTION CONTRACT WITH N2 MARKINGS, LLC FOR COMPLETION OF STRIPING PARKING LOTS & STREETS IN THE CITY OF ' RIVERSIDE, MISSOURI WHEREAS, the City of Riverside, Missouri ("City") desires to engage the services of a contractor to perform construction services in connection with completion of striping Pazking Lots & Streets in the City of Riverside, Missouri. WHEREAS, the City requested multiple bids for the completion of striping Parking Lots & Streets in the City of Riverside, Missouri and; WHEREAS, N2 MARKINGS, LLC has provided the City with a contract detailing the costs and services approved by the City. NOW, THEREFORE, be it ordained by the Boazd of Aldermen of the City of Riverside, Missouri as follows: Section 1. The City of Riverside shall employ N2 Mazkings, LLC to perform the construction services, and shall pay to N2 Mazkings, LLC an amount not to exceed Thirteen Thousand Nine Hundred Sixty-Seven Dollazs and No Cents ($13,967.00) for such construction services which are described in the bid form attached hereto as Exhibit A ("Agreement for Construction"). Section 2. The contract, in substantially the form attached hereto as Exhibit A, and payment by the City for the construction services described therein, is approved, and the Mayor is authorized to take such actions reasonably necessary to carry out the intent of this Ordinance on behalf of the City. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. ~~ Passed this~f day of June 2006. ATTES . C' y erk Mayor r . .. AGREEMENT BETWEEN CITI' OF RIVERSIDE AND FOR COMPLETION OF j/ STRIPING PARKING LOTS & STREETS CONTRACTOR: N2 MARKINGS, LLC CONTRACT NO.: 5-330-560-00-1 CONTRACT PRICE: ~I3,967.00 Page-1 i ,. ¶ ,,. ~ CONTRACT NO. 5-330-560-00-1 AGREEIVIENT SETVVEEN CITY O)F RIVERSIDE AND CONTRACT®R ~[~~'i THIS AGREEMENT, made and entered into as of the day of 20(1 by and between the City of Riverside, Missouri ("City"), and N2 Markings LLC. (" tractor"), shall govern all Work to be provided by Contractor for City on the Project. ..~ _..- WHEREAS, City, under the provisions of Ordinance No.2006-75 duly approved (DATE) and by virtue of the authority vested in City by the general ordinances of City, intends t nter into ne or more contracts for the Project; and WHEREAS, the Mayor is authorized and empowered by City to execute contracts on behalf of City, and the City Administrator ("Administrator") is authorized to perform Administrator's functions set forth in this Agreement; and WHEREAS, Administrator may designate one or more engineers, architects, or other persons to assist Administrator in performing Administrator's functions under this Agreement; and WHEREAS, City desires to enter into an agreement with Contractor to obtain labor, services, materials, supplies, tools, equipment, supervision, management, and other items as set forth in this Agreement; and WHEREAS, Contractor represents that Contractor is equipped, competent, and able to provide all the Work, in accordance with this Agreement; NOW THEREFORE, in consideration of the mutual covenants and considerations herein contained, IT IS HEREBY AGREED by City and Contractor as follows: ARTICLE I T)~E PROJECT AND THE WORK A. Contractor shall provide and pay for all Work for the Project. B. "Project," as used in this Agreement and the other Contract Documents, means the building, facility, and/or other improvements for which Contractor is to provide Worl: under this Agreement. It may also include construction by City or others. C. "Work," as used in this Agreement and the other Contract Documents, means all labor, services, materials, supplies, tools, equipment, supervision, management, and other items necessary to Page-2 accomplish the results and objectives described in Exhibit A (Scope of Worlc) and Exhibit B (Specifications and Drawings) to this Agreement and the other Contract Documents, subject to additions, deletions, and other changes as provided for in Article VI of this Agreement. The Worl: may refer to the whole Project, or only a part of the Project if work on the Project also is being performed by City or others. D. Contractor represents that it has evaluated and satisfied itself as to all conditions and limitations under which the Worlc is to be performed, including, without limitation, (1) the location, condition, layout, and nature of the Project site and surrounding areas, (2) generally prevailing climatic conditions, (3) labor supply and costs, and (4) availability and cost of materials, tools, and equipment. City shall not be required to make any adjustment in either the Contract Amount or the time for performance of the Work because of Contractor's failure to do so. ARTICLE II CONTRACT AMOUNT A. Provided Contractor performs all Work in accordance with the Contract Documents and complies fully with each and every obligation of Contractor under the Contract Documents, City shall pay Contractor the sum of ($13,967.00) THIRTEEN THOUSAND NINE HUNDRED SATY SEVEN DOLLARS AND NO Cents. This amount shall include all taxes, costs, permit fees, profit, overhead, expenses and compensation of every hind related to the Work, and shall be referred to as the "Contract Amount." B. This Agreement is subject to the City Ordinances, and payment shall be Limited to the amount of particular appropriation for the Work by the Board of Aldermen. The total payment under this Agreement shall not exceed the appropriation contained in Ordinance No. 2006-75 authorizing the Work, and Contractor shall not seek, nor be entitled to, payment exceeding this amount unless City directs Contractor to perform additional work in accordance with Article VI of this Agreement, and City enacts another ordinance authorizing the amount City agrees to pay under Article VI. ARTICLE III PROGRESS OF WORK /SUBMITTALS A. Contractor shall commence performance of the Work on the date indicated in a written notice ("Notice to Proceed") that shall be given by City to Contractor. B. Paragraph Deleted C. Contractor shall achieve Substantial Completion (as defined in Article V, Paragraph F of this Agreement) of all the Worlc not later than for THIRTY (30) working days after the date indicated in the Notice to Proceed for commencement of performance of the Work. A working day is any day, except Saturdays, Sundays; and holidays, in which inclement weather does not prevent at least six (6) hours of continuous working time. Following Substantial Completion of all the Work, Contractor shall proceed to complete all uncompleted Work items- as promptly as permitted by weather conditions or any other conditions affecting completion of the Work. D. Time is of the essence in the performance of the Work and any other Contractor obligations under the Contract Documents. Contractor shall upon commencement of construction work daily to complete the Work except for Saturdays, Sundays, holidays, and days of inclement weather. This Page-3 7., ~. ~ .. Paragraph D does not preclude Contractor from working Saturdays, Sundays, holidays, or days of inclement weather. E. Promptly after the execution of this Agreement, and in any event before commencing performance of the Worlc, Contractor shall submit to City a construction schedule that specifies the dates on which Contractor plans to begin and complete various parts of the Work, including dates on which information and approvals are required from City. Upon City's written approval of the schedule, Contractor shall comply with it unless directed by City to do otherwise. Contractor shall update the schedule on a monthly basis or at more frequent appropriate intervals if required by the conditions of the Work and the Project. With each Application for Payment Under Article V of this Agreement, Contractor shall submit an updated, current schedule. Neither the orio nal schedule nor any update shall exceed time limits current under the Contract Documents. F. In the event Administrator determines that performance of the Worl: is not progressing as required by the Contract Documents or that the Work is being unnecessarily delayed or will not be finished within the prescribed time, Administrator may, in Administrator's sole discretion and in addition to any other right or remedy City may have, require Contractor, at Contractor's sole cost, to accelerate Contractor's progress. Such acceleration shall continue until the progress of the Worl~ complies with the Contract Documents and clearly indicates that all Work will be completed within the prescribed time. G. Contractor shall submit to City for review and approval all shop drawings, samples, product data, and similar submittals required by the Contract Documents. Contractor shall be responsible to City for the accuracy and conformity of its submittals to the Contract Documents. Contractor shall prepare and deliver its submittals to City in a manner consistent with the construction schedule and in such time and sequence so as not to delay performance of the Work. Review and approval of any Contractor submittal shall not be deemed to authorize deviations, substitutions, or changes in the requirements of the Contract Documents unless express written approval is obtained from City specifically authorizing such deviation, substitution, or change. If the Contract Documents do not contain submittal requirements pertaining to the Work, Contractor agrees upon request to submit in a timely fashion to City for review and approval by City any shop drawings, samples, product data, manufacturers' literature, or similar submittals as may reasonably be required by City. Contractor shall perform all Work strictly in accordance with approved submittals. City's approval does not relieve Contractor from responsibility for defective work resulting from errors or omissions of any hind on the approved submittals. ARTICLE FV CONTRACT D®CUNIENTS A. The following documents, and any other documents that are attached to, incorporated by reference into, or otherwise included in them, and all Change Orders, form the entire agreemen± between City and Contractor, and are the Contract Documents: 1. This AGREEMENT BETWEEN CITI' OF RIVERSIDE AND CONTRACTOR 2. SCOPE OF WORK (Exhibit A to this Agreement) ;. The SPECIFICATIONS referred to in Exhibit C to this Agreement. Page-4 z. ,. _ ~ .. ~ ., 4. ITEMIZED PROPOSAL (Exhibit E to this Agreement) 5. PREVAILING WAGE RATES (Exhibit F to this Agreement). B. Contractor represents that it has examined and become familiar with the Contract Documents in their entirety, that any and all ambiguities, inconsistencies, and conflicts observed by Contractor have been called to City's attention in writing and have been resolved in writing to Contractor's satisfaction. Except for actual conflict between provisions in the Contract Documents, making it impossible for Contractor to comply with all provisions of the Contract Documents, the Contract Documents shall be cumulative, and Contractor shall comply with all provisions of all Contract Documents. In case of actual conflict, Contractor shall notify City of the conflict in writing and then shall comply with such provisions of the Contract Documents as City directs. ARTICLE V PAYMENTS A. Prior to submitting its first application for payment, Contractor shall provide City with a schedule of values dividing the Work, and the Contract Amount, into workable categories in a form acceptable to City. Each application for payment shall be based upon the percentage of actual completion of each category, multiplied by the dollar value of such category. B. On or about the first day of Contractor's monthly accounting period, Contractor shall submit an Application for Payment to the City representative designated in Article ~I. In addition to the amount of payment requested in the Application for Payment, each application shall List the original Contract Amount, the amount Contractor has invoiced City to date, the amount Contractor has received to date, total additions to and deletions from the Contract Amount pursuant to approved Change Orders, and an itemization of any further additions to or deletions from the Contract Amount that Contractor claims. Contractor shall identify each subcontractor and supplier whom Contractor intends to pay from the requested payment and shall state the amount Contractor intends to pay each such subcontractor and supplier. An Application shall not include a request for payment for any portion of the Work that was performed or furnished by a subcontractor or supplier if Contractor does not intend to pay such subcontractor or supplier from such payment. Contractor shall include with each Application all supporting documentation as City may require. City shall pay Contractor within 30 days of delivery of Contractor's Application and all supporting documentation to City's designated representative, provided all Work and documentation are acceptable to City. Within fifteen (1~) days of its receipt of payment from City, Contractor shall pay all subcontractors and suppliers to whom payment is owed from the amount paid to Contractor. C. All payments under this Agreement shall be made only upon the approval of Administrator. Administrator shall review each application for payment and certify for payment such amounts as Administrator determines are due Contractor. From the total amount certified, Administrator shall withhold five percent (5%) as retainage until Substantial Completion of all the Work, as defined in Paragraph F below. The City Treasurer, upon presentation of such certificate, shall prepare a check for the sum certified to be due (exclusive of retainage), payable out of the funds in the City Treasury available for Contractor under Ordinance No. ?006-7~. Payment shall be made to Contractor after the Board of Aldermen review and approve the payment and authorize the Mayor and City Treasurer to sign and deliver the check. Page-5 t .. 4 .. D. Neither Administrator's certificate nor payment made to Contractor shall constitute acceptance of any part of the Worlc. Contractor shall remain obligated to perform all Work in accordance with the Contract Documents. E. With each Application, Contractor shall submit a signed certificate of receipt of prior payments and release of claims and rights in connection with prior payments, in a form approved by City. City may, at its option, also require a similar receipt and release of claims and rights from each subcontractor or supplier performing any Work, prior to making any payment to Contractor. The subcontractors' and suppliers' receipts and releases shall be in a form approved by City and shall indicate that (except for retainage) all debts for work performed or materials supplied included on any previous payment application to City from Contractor have been satisfied and that the subcontractor or supplier waives and releases any and all claims or rights in connection therewith. F. Contractor's retainage shall not be released until Contractor notifies City's designated representative in writing, and Administrator certifies, that all the Work is Substantially Complete. The Work shall not be deemed Substantially Complete until all specific requirements stated in the Contract Documents for achievement of substantial completion of all the Work have been satisfied and the Administrator determines that all the Work is sufficiently complete in accordance with the Contract Documents so that City can occupy or utilize all the Work for its intended use. Retainage shall be paid to Contractor within 30 days of Administrator's certification that all the Work is Substantially Complete. If there are minor items remaining to be completed upon Substantial Completion, an amount equal to two hundred percent (200%) of the value of each item, as determined by Administrator, shall be withheld until such items are completed. G. Contractor shall not be entitled to final payment for the Worlc until Contractor submits an application for final payment, all requirements of the Contract Documents are complied with, and Administrator issues his or her certificate to that effect. City, within 30 days after the delivery of Administrator's certificate, shall pay Contractor all remaining funds which Contractor is due under this Agreement. H. ~ Acceptance of final payment by Contractor shall release City from all further obligations to Contractor, except as to such amounts, if any, Contractor has identified in its application for final payment as claimed by Contractor. All claims not identified in the application for final payment are waived. I. City may withhold final or any other payment to Contractor on any reasonable basis, including but not limited to the following: 1. Unsatisfactory job progress, 2. Defective Worlc, 3. Failure to make payments to subcontractors or suppliers, 4. Reasonable evidence that all Worlc cannot be completed for the unpaid balance of the Contract Amount, 5. Damage by Contractor or subcontractors or suppliers to property of City or others, 6. Contractor's breach of this Agreement, or Page-6 7. Contractor's failure to provide requested documentation. J. If Contractor does not pay subcontractors or suppliers for labor and/or material properly provided, City may, but shall not be required to, pay subcontractors and suppliers directly. Any payments made to subcontractors and suppliers shall be charged against the Contract Amount. This provision shall not confer any right upon any subcontractor or supplier to seek payment directly from City. ARTICLE VI CHANGES/CLAIMS A. City, without invalidating this Agreement, may at any time and without notice to any surety, order additions to, deletions from, or other changes to the Work. Upon receipt of such an order, in writing, Contractor shall proceed as and when directed in the order. Contractor shall not proceed with any addition, deletion, or other change without a written order. No oral direction or order shall constitute authority for Contractor to proceed with any addition, deletion, or other change. If Contractor undertakes any addition, deletion, or other change without a written order from City, Contractor shall not be entitled to any increase in the Contract Amount or the time for performance of the Work, and Contractor shall be solely and completely responsible for the acceptability to City of the addition, deletion, or other change. B. If a change to the Work causes a net increase or decrease in the cost of Contractor's performance, the Contract Amount shall be increased or decreased by a lump sum as to which Contractor and City mutually agree prior to the commencement of performance of the change, or, at City's option, the change shall be performed for unit prices, if any, listed in the Itemized Proposal (Exhibit E to this Agreement), or on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, includinj, in case of a net increase in the cost of Contractor's performance, a reasonable allowance on the net increase for overhead and profit, subject to the following: Contractor shall keep and present, in such form as City may prescribe, an itemized accounting of expenditures and savings together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs shall be limited to the following: costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance; costs of materials, supplies, and equipment, including cost of transportation; rental costs of machinery and equipment, exclusive of hated tools, whether rented from Contractor or others; costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the. Work; and additional costs of supervision and field office personnel directly attributable to the change. If a change to the Worlc causes an increase or decrease in the time required for Contractor's performance, an equitable adjustment to the time for performance shall be made. C. A change in the Contract Amount or the time for performance of the Worlc shall be accomplished only by written Change Order, which shall state the increase or decrease, if any, in the Contract Amount or the time for performance. No course of conduct or dealings between the parties, nor express or implied acceptance of alterations or additions to the Work, and no claim that City has been unjustly enriched by any alteration or addition to the Work, whether or not there is, in fact, any such enrichment, shall be the basis of any claim to an increase in any amounts due under the Contract Documents or a change in the time for performance of the Work. Page-7 r . .. ¶ .. D. Agreement on any Change Order shall constitute a fmal settlement of all matters relating to the change in the Worlc that is the subject of the Change Order, including but not limited to all direct and indirect costs associated with such change and any and all adjustments to the Contract Amount and time for performance of the Worl~. E. If Contractor is delayed or interfered with at any time in the commencement or prosecution of the Worl: by an act or neglect of City, an employee, officer, or agent of City, or an architect or engineer or separate contractor engaged by or on behalf of City, or by changes ordered in the Work, an act of God, fire, or other cause over which Contractor has no control and that Contractor could not reasonably anticipate, the time for performance of the Worlc shall be equitably extended, provided that Contractor gives notice as provided for in Paragraph F below. F. Any claim by Contractor for additional time or money for the performance of the Work, including but not limited to any claim based on or arising out of an addition to, deletion from, or other change to the Work and/or delay to or interference with commencement or prosecution of any of the Work, shall be submitted to City's designated representative within five working days of the beginning of the event for which the claim is made or on which it is based. If any claim is not submitted within the five-day period, it shall be deemed waived. G. No change or claim, nor .any delay or dispute concerning the determination of any increase or decrease in the amount of time and money for the performance of the Work, shall excuse Contractor from proceeding with prosecution of the Work, including any Work as changed. ARTICLE VII INSURANCE A. Contractor shall, at all times during the performance of any of the Work, maintain not less than the following insurance coverages and amounts: 1. COMMERCIAL GENERAL LIABILITY -Contractor shall provide coverage for Contractor, City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, against claims for damage to property and/or illness of, injury to, or death of any person or persons related to or arising out of the Work. Such coverage shall have not less than the following limits: a. Each occurrence .............................................. $1,000,000.00 b. General aggregate ........................................... $2,000,000.00 c. Products/completed operations aggregate ...... $2,000,000.00 d. The following coverage shall be included: - Blanket contractual liability - Products/completed operations - PersonaUadvertising injury - Broad form property.damage - Independent contractors - Explosion, Collapse, and Underground Damage 2. AUTOMOBILE LIABILITY -Contractor shall provide coverage for Contractor, City, its employees, officers, and agents, and any architects, engineers, or other design Page-8 t , ,. 4 ,,. professionals engaged by or on behalf of City, against claims for bodily injury and/or property damage arising out of the ownership or use of any owned, hired, and/or non- owned vehicle and shall include protection for any auto, or all owned autos, hired autos, and non-owned autos. The coverage shall have not less than a combined single limit of $1,000,000.00 for each accident. 3. WORKERS' COMPENSATION AND EMPLOI'ER'S LIABILITY -This insurance shall protect Contractor against all claims under applicable state workers' compensation laws. Contractor also shall be protected through employer's liability coverage against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workers' compensation law. The limits shall not be less than the following: a. Workers' Compensation ....................................... Statutory b. Employer's Liability: - Bodily injury by accident .......................... $1,000,000.00 - Bodily injury by disease ............$500,000.00 each employee B. All insurance shall be written by an insurer or insurers acceptable to City and with a minimum financial rating not lower than "B+~" in Best's Insurance Guide, latest edition. All insurance shall be written on an occurrence basis, and all aggregate limits shall apply in total to the Work only. Each policy providing general liability coverage shall provide contractual liability coverage for all indemnity obligations of Contractor under the Contract Documents. Each policy providing general liability or automobile liability coverage shall, in form satisfactory to Ciry, (1) name as additional insured's City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, and (2) provide that it is primary to any other insurance maintained by any additional insured, which other insurance shall be excess or contingent. C. Contractor shall maintain the products and completed operations coverage for not less than five years after the date of final acceptance by City of all of Contractor's Work. D. Contractor shall obtain property insurance upon the entire Work for the full cost of replacement at the time of loss. This insurance shall list as named insured's City, Contractor, subcontractors, and suppliers. This insurance shall be written as a Builder's Risk/Installation Floater, "all risk" or equivalent form to cover all risks of physical loss except those specifically excluded by the policy and shall insure at least against the perils of fire, lightning, explosion, wind storm, hail, smoke, aircraft and vehicles, riot and civil commotion, theft, vandalism, malicious mischief, debris removal, flood, earthquake, earth movement, water damage, wind, testing, collapse, and damage resulting from defective design, worlonanship, or material. This insurance shall, without limitation, insure portions of the Work stored on or off the Project site or in transit, when at the risk of City, Contractor, or a subcontractor or supplier. Contractor shall be solely responsible for any deductible amounts. This insurance shall remain in effect until final payment has been made to Contractor or until no person or entity other than City has an insurable interest iu the property to be covered by this insurance, whichever is sooner. City and Contractor waive all rights against each other and their respective employees, agents, contractors, subcontractors, and suppliers for damages caused by risks covered by the property insurance provided for in this Paragraph D, except such rights as they may have to the proceeds of the insurance. Page-9 E. All policies and certificates of insurance shall expressly provide no less than 30 days' prior written notice to City in the event of cancellation, expiration, non-renewal, alteration, or reduction (including but not limited to reduction by paid claims) of coverage or limits contained in the policy or evidenced by the certificate of insurance. Contractor shall furnish City a certificate or certificates satisfactory to City evidencing that Contractor has all the required insurance and is in compliance with this Article VII. The certificate or certificates shall be delivered to City's designated representative not less than seven days before Contractor first performs any of the Work. All policies except Workers' Compensation and Employer's Liability shall contain a waiver of subrogation in favor of City and its employees, officers, and agents. F. Contractor also shall maintain any additional insurance coverage's and any higher limits provided for elsewhere in the Contract Documents and shall furnish City any additional insurance documentation provided for elsewhere in the Contract Documents. ARTICLE VIII INDEMNITY A. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, from and against claims, damages, losses, and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Work, provided that such claim, damage, loss, or expenses is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused or allegedly caused by the negligent acts or omissions of Contractor, a subcontractor or supplier, or anyone directly or indirectly employed by them or anyone for whose acts theymmday~befied hereundere This whether such claim, damage, loss, or expense is caus.,d in part by a parry obligation is not intended to, and shall not, negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Paragraph A. B. In claims against any person or entity indemnified under the.preceding Paragraph A by an employee of Contractor, a subcontractor or supplier, or anyone directly or indirectly employed by them or for whose acts they maybe liable, the indemnification obligation under Pazagraph A shall not be lunited by a limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or a subcontractor or supplier under workers' compensation acts, disability benefit acts, or other employee benefit acts. ARTICLE A PATENT LIABILITY Contractor agrees to defend, indemnify and hold harmless City, its officers, employees and agents from and against any claim, action or suit that may be brought against them for Contractor's infringement of any Letters Patent in the performance of this Agreement or any breach or violation of trademark or proprietary or trade secret rights of others, as well as against any judgments, decrees,. damages, costs .and expenses sought, adjudicated, or recovered against any of them, on account of any such actual or alleged infringement. Page-10 .. ¶ ,,. 1 ARTICLE X COVENANT AGAINST UNDUE INFLUENCE A. Contractor represents and warrants that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or malting of this Agreement. For breach or violation of this warranty, City shall have the right to void this Agreement without liability and, in its discretion, to deduct from the Contract Amount, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. B. Contractor represents and warrants that no payments have been or shall be made, directly or indirectly, by or on behalf of Contractor to or for the benefit of any officer, employee, or agent of City who may reasonably be expected to influence the decision to requisition, issue or tape any action with respect to this Agreement. Contractor shall allow a mutually agreeable nationally recognized certified public accounting firm to examine, at City's expense, such of Contractor's books and records as maybe necessary, in the accountant's reasonable opinion, to verify Contractor's compliance with this Article X. ARTICLE ~ RECORDS REGARDING PAY1VIEl\~'I' For a period of at least two years after final payment to Contractor, Contractor shall maintain, in accordance with generally accepted accounting principles, such records as are necessary to substantiate that all applications for payment hereunder were valid and properly chargeable to City. For lump sum contract Work, the records shall demonstrate that the City was billed at appropriate times for proper percentages of completion and for payments to subcontractors and suppliers. For any Work, including extra Work, not charged on a lump sum basis, the records to be maintained hereunder include but are not limited to all contracts, subcontracts, material bills, correspondence, accounting records, time sheets, payroll records, canceled checks, orders, and invoices pertaining to City's account. City or its representative shall, upon reasonable prior notice to Contractor, be given the opportunity to audit these records at any time during normal business hours to verify the accuracy of Contractor's invoices and charges. ARTICLE ICI NOTICES A. The following persons are designated by the respective parties to act on behalf of such party and to receive all written notices and Payment Applications: For Ci David Blackburn City Administrator For Contractor: Scott Hlavacek Owner City of Riverside, MO 290 NW Vivion Riverside, MO 6410 N2 Markings, LLC P O Box 681448 Riverside, MO 64168 Page-11 B. Any notice required by the Contract Documents to be given in writing or that either City or Contractor wishes to give to the other in writing shall be signed by or on behalf of the party giving notice. The notice shall be deemed to have been given when it is received at the address stated above for the addressee or at such other address as the addressee may famish the other party. C. Contractor's designated representative shall be available to meet with City at any tune during the performance of the Work and shall have full authority to act on Contractor's behalf on any matter related to this Agreement and/or the Work. ARTICLE ~TII DEFA~TLT A. If Contractor fails to comply, becomes unable to comply, or with reasonable probability (as determined solely by City) will become unable to comply with any of Contractor's obligations under the Contract Documents, including but not limited to (1) failure at any time to furnish sufficient labor or supervision, sufficient materials or services (including but not limited to insurance and bonds) complying with the Contract Documents, or sufficient or properly operating tools, equipment, or other items necessary for the performance of the Work, (2) failure in any respect to prosecute the Work with promptness and diligence, (3) causing any stoppage of, delay in, or interference with any work of City or any others on the Project, or (4) abandonment by Contractor of all or any part of the Work, Contractor shall be in default, and if the default is not corrected to City's satisfaction within 72 hours of Contractor's receipt of written notice to correct from City, City may, in addition to any other right or remedy City may have, furnish any necessary labor, supervision, materials, tools, equipment, services, or other items through City or others, to correct the default, at Contractor's expense, or terminate Contractor's right to proceed with performance of any part or all of the Worlc and take over and complete the performance of such Work, through City or others, at Contractor's expense. B. If City exercises its right to take over and complete any part or all of the Work, City and its designees shall have access to and may take possession of Contractor's materials, tools, equipment, and other items at the Project site, en route to the site, or in storage or being manufactured or fabricated away from the site, as may be necessary to prosecute the Worlc taken over by City, and may employee Contractor's employees or former employees, all without any liability to Contractor. C. Contractor shall be liable for and shall pay to City all costs and expenses of whatsoever nature incurred by City as a result of any default by Contractor, including but not limited to the cost of labor, supervision, materials, tools, equipment, services, overhead, travel, and legal and accounting fees. Contractor also shall be liable for and shall pay to City all charges, liabilities, fines, penalties, losses, damages, and claims sustained by or assessed against City as a result of any delay or disruption resulting from any default by Contractor. The total amount of such costs, expenses, charges, liabilities, fines, penalties, losses, damages, and claims maybe deducted by City from the amount, if any, otherwise due Contractor, and Contractor shall pay City the full amount of any excess of such total over the amount otherwise due Contractor. D. No right or remedy conferred upon or reserved to City by the Contract Documents is exclusive of any other right or remedy provided or permitted in the Contract Documents or by law or equity, but each right or remedy is cumulative of every other right or remedy, and every right or remedy may be enforced concurrently or from time to time. No exercise by City of any right or remedy shall relieve Page-12 ». n ,~. Contractor from full and absolute responsibility for all of Contractor's obligations under the Contract Documents. E. No failure or delay of City to give notice to correct any default of Contractor or to exercise any of City's rights or remedies shall in any way waive or excuse the default, and City shall remain free to pursue all rights and remedies. No failure of City to insist, in any one or more instances, upon the performance of any of Contractor's obligations under the Contract Documents shall be deemed or construed as a waiver or relinquishment of City's right to insist upon strict performance of the obligation in any future instance. ARTICLE ~ TERMINATION FOR CITY'S COIV~TENIENCE City may, at any time, for any reason, and without Contractor's being in default, terminate Contractor's performance of any part or all of the Work for City's own convenience by giving written notice to Contractor. Upon receipt of notice of termination for City's convenience, Contractor shall, to the extent directed by City, stop work and turn over to City or City's designee materials and equipment purchased for the Work. City shall pay Contractor, in accordance with the Contract Documents, for only so much of the Work as is actually performed as of the termination for convenience. City shall not be obligated to Contractor for any further payment, including but not limited to prospective overhead or profit on unperformed work. If a termination by City of Contractor's right to proceed on the ground of default by Contractor is determined later to have been improper, the termination automatically shall be converted to a termination for City's convenience, and City's obligation to Contractor shall be limited to payment to Contractor as provided in this Article XIV. ARTICLE XV COMPLIANCE WITH LAWS A. Contractor shall comply strictly with all federal, state, and local laws, ordinances, rules, regulations, orders, and the like applicable to the Work, including, but not limited to any applicable prevailing wage and prompt payment laws and all U.S. Army Corps of Engineers guidelines, rules, regulations, and criteria for work within or adjacent to a flood control project area. Contractor shall secure all permits from public and private sources necessary for the fulfillment of Contractor's obligations under the Contract Documents. B. With each Application for Payment submitted by Contractor to City, Contractor shall include (a) a signed statement, in form acceptable to City, showing, for each weekly payroll period that ended during the period covered by the Application for Payment, the name, address, social security number, occupation, and craft of each worker employed by Contractor in connection with the Worl: and, for each such worker, the number of hours worked each day, the total hours worked during the payroll period, the gross amount earned, an itemization of all deductions, and the net wages paid and (b) a corresponding statement from each subcontractor of any tier that employed any workers in connection with the Work during the period covered by the Application for Payment.. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri. Page-13 r . .. ¶ ARTICLE ~'VI SUBCONTRACTS, ASSIGNMENT, OR TRANSFER A. Except with the prior written consent of City, Contractor shall not assign this Agreement or any money due or to become due Contractor or issue a subcontract or purchase order to any person or entity for any or all of the Worl:. City's consent to any assignment, subcontract, or purchase order shall not relieve Contractor from any obligation under the Contract Documents, nor shall it create any obligation from City to any assignee, subcontractor, or vendor. B. Each subcontract or purchase order issued by Contractor for any of the Work shall be in writing and shall provide that City is an intended third-party beneficiary of the subcontract or purchase order. C. Each subcontract or purchase order issued by Contractor for any of the Work shall provide that it is freely assignable by Contractor to City. Contractor hereby ass D°ns to City all its interest in any present or future subcontract or purchase order issued by Contractor for any or all of the Work. This ass b~nment shall be effective upon acceptance by City in writing and only as to the specific subcontract(s) and/or purchase order(s) that City designates in the writing. This ass jQmnent may be accepted by City at any time, whether before or after final payment to Contractor, and may not be withdrawn by Contractor without City's written consent. ARTICLE ~'VR ACCESS TO SITE/CLEANING UP A. Contractor shall ensure that the Work, at all times, is performed in a manner that affords reasonable access, both vehicular and pedestrian, around the site of the Work and all adjacent areas. B. Representatives of City may inspect or review any Work performed by Contractor, and consult with Contractor, at any time. City's inspections or reviews shall not constitute acceptance or approval of Work unless specifically stated in writing. Contractor shall meet with City at the request of City. C. Contractor shall at all times during performance of the Work keep the Project site clean and free from debris resulting from the Work. Prior to discontinuing Work in an area, Contractor shall clean the area and remove all rubbish and its construction equipment, tools, machinery, waste, and surplus materials. Contractor shall make provisions to minimize and confine dust and debris resulting from construction activities. If Contractor fails to comply with cleanup duties within 24 hours after written notification from City of non-compliance, Cit3~ may implement cleanup measures without further notice and deduct the cost from any amounts due or to become due Contractor, ARTICLE ~`~TIII COMPETENCE Contractor represents and warrants that it maintains all necessary licenses, registration, competence, and experience to perform all the Work. Page-14 ARTICLE 7LIX WARRANTY A. Contractor shall exercise high professional skill, care, and diligence in the performance of the Work, and shall carry out its responsibilities in accordance with customarily accepted good professional practices. If any defects in the Work are discovered within one year from final completion of the Work, Contractor shall promptly remedy such defects at its own expense. This obligation shall be in addition to Contractor's obligation to perform its Work properly. Neither final payment, Administrator's final certificate, nor any other provision in the Contract Documents shall affect Contractor's obligation to complete the Work free of defects in workmanship and material. B. Contractor agrees that it shall remain solely responsible for the performance of the Work as required by the Contract Documents, notwithstanding any suggestions or observations made by another person or entity with respect to the Work. C. This Article ~X does not establish a period of limitation with respect to any obligation of Contractor under the Contract Documents, and does not limit the time allowed by law for any action for breach of such obligation. ARTICLE XX ST©RAGE ©F MATERL4LS AND EQUIPIVIENT Only materials and equipment that are to be used directly in the Work shall be brought to and stored at the Project site by Contractor. After equipment is no longer required for the Work, it shall be promptly removed from the Project site. Protection of construction materials- and equipment stored at the Project site from weather, theft, and all other casualty or damage is solely the responsibility of Contractor. ARTICLE XYI SAFETY A. Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with performance of the Work and shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to (1) employees and other persons at the Project site or who maybe affected by the Work, (2) materials and equipment stored at on-site or off-site locations for use in performance of the Work, and (3) other property at the Project site or in its vicinity, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall give notices and comply strictly with applicable laves, ordinances, rules, regulations, orders, and the like bearing on safety of persons or property or their protection from damage, injury, or loss. C. If City deems any part of the Worlc or the Project site unsafe, City, without assuming responsibility for Contractor's safety program, may require Contractor to stop performance of the Work or take corrective measures satisfactory to City, or both. If Contractor does not adopt corrective measures, City may perform them or have them performed and deduct their cost from the Contract Amount. Contractor shall make no claim for damages, for an increase in the Contract Amount, or for a change in the time for performance of the Work based on Contractor's compliance with City's reasonable request. Page-15 r . .. ~ ,,. i . , ARTICLE ~'YII INDEPENDENT CONTRACTOR Contractor acknowledges it is an independent contractor, and neither Contractor nor any subcontractors, suppliers, employees, or agents shall be deemed an employee or agent of City for any purpose. ARTICLE ~I CONFLICT Contractor shall promptly upon discovery advise City of any conflict, amb bwity or inconsistency in the Contract Documents, or between any Contract Document and actual field conditions, and City shall resolve such conflict, ambiguity or inconsistency in its sole discretion. ARTICLE ~V BONDS Prior to commencing any Work, Contractor shall obtain from a recognized surety acceptable to Administrator, a performance bond and a payment bond in the forms at Exhibits C and D to this Agreement, or in another form approved by Administrator. Such bonds shall be for the full Contract Amount, and shall guarantee and secure Contractor's proper performance and completion of the Work, and performance of all of Contractor's obligations and duties under the Contract Documents, including, without limitation, all warranty obligations and duties, and the payment of all subcontractors and suppliers for labor, equipment, and/or materials supplied to or for the benefit of Contractor or the Work. The premium for such bonds is included in the Contract Amount. ARTICLE XRV SEVERABILITY Should any specific provision of this Agreement or other Contract Documents be found to be unenforceable, the remaining provisions shall remain in full force and effect. ARTICLE ~'VI NO PRESUMPTION AGAINST TI3E DRAFTER No presumption or inference against City shall be made because of City's preparation of this Agreement or other Contract Documents. ARTICLE 'VII DISPUTES/ATTORNEI' FEES A. If a .dispute arises out of or relates to this Agreement or other Contract Documents, or the breach thereof, and if the dispute cannot be resolved through negotiation, City and Contractor shall first try in good faith to resolve the dispute by mediation before resorting to litigation. Unless City and Contractor agree otherwise, the mediation shall be administered by the American Arbitration Association under its Construction Industry Mediation Rules. Page-16 p,. .. ~ .. B. In the event of litigation between Contractor and City concerning the Project or this Agreement or other Contract Documents, the prevailing party shall be entitled to recover from the other party its reasonable attorney fees, costs, and expenses arising from such litigation. ARTICLE ~~III TLTLES The titles given to the Articles in this Agreement aze for ease of reference only and shall not be relied upon or cited for any other purpose. Specifically, but without limitation, the titles shall not define or limit any of the provisions of any of the Articles. ARTICLE X~ ENTII2E AGREEMENT This Agreement and the other Contract Documents constitute the entire agreement between the parties with respect to their subject matter. Any prior agreements, understandings, or other matters, whether oral or written, are of no further force or effect. Subject to Article VI of this Agreement, this Agreement and any other Contract Document may be amended, changed, or supplemented only by written agreement executed by both of the parties. THIS AGREEMENT shall be binding on the parties only after it has been duly executed and approved by City and Contractor. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives. CITY OF RIVERSIDE By: MA OR KATHLE L. ROSE ATTESTE ' CIT CLERK (Contractor) (Signature) ,/ Printed Name: ,~c o {~ ~` ~a ~/ 4 c,G ~/ Title: ®l ps % ~"~ ~ Page-17 EXHIBIT B NOT USED Page-20 EXHIBIT C APWA STANDARD SPECIFICATIONS Page- p.. E~iIBIT D NOT USED EXHIBIT A SCOPE OF WORK SEE ATTACHED BID PROPOSAL Page-19 ~., EXH~'EZT A&E N2 l~iarka~gs p.0. Bog 681448 Riverside, Missouri 64168 Telephone: 516-505-0779 Fag: 816-505-0773 Specializing in Pavement Markings Bil? PROPOSAL Project: City of Riverside Address: Various '~ Riverside, MO Company: City of Riverside Address: 2950 NW Vivion Road Riverside, MO 64150 Scope of Work: Pavement Markings Date: 5-15-06 Contact: Sohn Jackson Telephone: 816-741-3993 Faz: 516-746-8349 Roads/Paint: Repaint or layout double yellow, channel Iines, intermittent skips, stop bars, crosswalks, only's, directional arrows and Railroad crossings. Roads/ Preformed Thermo: Furnish and install directional arrows, stop bars and crosswalk. Parking Lot's: Repaint all parking lines and disabled stalls. Total Paint Bid, Roads/ Parking Lot: ~ 9,380.00 Add if Preformed Thermo is used: ~ 4,587.00 "See attached list of streets and parking lots. Bid Valid for 30 Days: Authorized signature required before work can begin. ~~~, Scott Eilavacek, N2 Markings L.L.C. Authorized Signature Da#e of acceptance N2 Markings, LLC PO Box 681448 • Riverside, MO 64168.81 fi-505-0779 • Fax 81.6.505-0773 p . .. EXHIBIT A&E Specializing in Pavement Markings N2 lt~~.rki~gs P.O. Bog 681445 Riverside, Missouri 64168 Telephone: 516-~05-0779 Fug; 81(~SOS-0773 gID P~OP~SAL-Pale 2 Project: City of Riverside Address: Various Riverside, MO Company: City of Riverside Address: 2950 NW Vivian Road Riverside, MO 6410 Date: 5-15-06 Contact: John Jackson Telephone: Sib-741-3993 Faa: 816-746-5349 Scope of Work: Work Locations Roads/Paint: Northwood- 9 Hwy to 52~'' (no edge lines) / 52~ -52"d & Northwood Intersection Platte Valley Drive-9 Hwy -end of road Vivion -Quik Trip west to dead end ~/ Riverside Street- Intersection of Riverside & Platte Road ~ High Drive-Old section by school entrance ~! Valley Road- End of new construction to Pawnee Woodland Road- Gateway to Valley '~ Argosy Parkway-Tuliison to outer road/Farfaz ~~ Roads/ Preformed Thermo: Northwood-Da ectiona~l arrows and stop bar g2"d- 2 stop bars Platte Valley Drive- Stop bar Riverside Street- Stop bar & crosswalk Parking Lots: City Hall Community Center Renner Brenner Park EH Young Park Public works N2 Markings, !!C PO Box 681448 • Riverside, MO 64168. 816-505-0779 • Fax 816-505-0773 f. .. EXH~B~T E ~2 ~~,I'~1RaS P.o. Bog 6sfl44s Riverside,lVlissouri 64fl6S ~'elephone: 516-505-6779 Fag: 516-505-0773 Specializing in Pavement Markings ~~ PROPOSAL Project: City of Riverside Address: Various * Riverside, MO Company: City of Riverside Address: 290 NW Vivion Road Riverside, MO 6410 Scope of Work: Pavement Markings Date: 5-15-06 Contact: John Jackson Telephone: 516-741-3993 Fag:S16-746-5349 Raads/Paint: Repaint or layout double yellow, channel lines, intermittent skips, stop bars, crosswalks, only's, directional arrows and Railroad crossings. Roads/ Preformed Thermo: Furnish and install directional arrows, stop bars and crosswalk. Parking Lot's: Repaint all parking lines and disabled stalls. Total Paint Bid, Roads/ Parking Lot: ~ 9,350.00 Add if Preformed Thermo is used: ~ 4,SS7.00 *See attached list of streets and parking lots. Bid Vaiid for 30 Days. Authorized signature required before work can begin. Authorized Signature Date of acceptance ~~~ f~~ Scott HIavacek, N2 Markings L.L.C. N2 Markings, l.LC PO Box 681448 • Riverside, MO 64168.816-505-0779 • Fax 816-505-0773 EXHIBIT E P.©. $og 6s144s Riverside, Missouri 64168 Telephone: 516-SOS-0779 Fay: 816-505-0773 Specializing in Pavement Markings ~ID pgQpQSAL-Page 2 Project: City of Riverside Address: Various Riverside, MO Company: City of Riverside Address: 2950 NW Vivian Road Riverside, MO 64150 Scope of Work: Work Locations Date: 5-15-06 Contact: John Jackson Telephone: 516-741-3993 Faa: 516-746-5349 RoadslPaint: Northwood- 9 Hwy to 52nd (no edge Imes) / 52nd -52nd & Northwood Intersection ~ Platte Valley Drive-9 Hwy -end of road Vivion -Quik Trip west to dead end / Riverside Street- Intersection of Riverside & Platte Road ~ High Drive-Old section by school entrance ~ Valley Road- End of new construction to Pawnee ~/ Woodland Road- Gateway to Valley Argosy Parkway-Tuliison to outer road/Fairfaa ~ Roads/ Preformed Thermo: DNlorthwood-Directionalmarrowes and stop bar 52nd- 2 stop bars Platte Valley Drive- Stop bar Riverside Street- Stop bar & crosswalk Parking Lots: City Hall Community Center Renner srenner Park EH Young Park Public works ~E2 Markings, E.l.C PO Box 681448 • Riverside, MO 64168.816-505-0779 • Fax 816-505-0773 WAGE AND HOUR SECTION MATT BLTJI~~'i', Governor Section 083 1°L.A~'TE+ C'OUI~~d'Y In accordance with Section 290.262 RSMo 2000, within thirty (30) days after a certified copy of this Annual Wage Order has been filed with the Secretary of State as indicated below, any person who may be affected by this Annual Wage Order may object by filing an objections in triplicate with the Labor and Industrial Relations Commission, P.O. Box 599, Jefferson City, MO 65102-0599. Such objections must set forth in writing the specific Bounds of objection. Each objection shall certify that a copy has been furnished to the Division of Labor Standards, P.O. Bo}: 449, Jefferson City, MO 65102-0449 pursuant to 8 CSR 20-5.010(1). A certified copy of the Annual Wage Order has been filed with the Secretary of State of Missouri. Original Siened by Colleen A. White, Director Division of Labor Standards This Is A True And Accurate Copy Which Was Filed With Secretary of State: IV,areh 9.2005 Last Date Objections May Be Filed:, April S. 2005 Prepared by IVlissouri Denartmep# of Labor and Industrial Relations Building Construction Rates for REPLACEMENT PAGE Section OB3 of nrr~ c.,i v,hi OCCUPATIDNAL TITLE ec five Date of asic Hourly ver- Time Holiday Total Fringe Beneflts Increase Rates Schedule Schedule Asbestos Worker 10/D5 $27.64 52 53 $18.73 6oilennaker 9/05 $28.60 57 7 $17.D0 Briclda ers-Stone Mason 4/05 526.3D 58 39 $10.93 Ca enter 4/05 $30.D0 63 68 59.46 Cement Mason 4/D5 $23.38 65 4 $13.36 Electrician Inside Wireman 9/05 $3D.73 13 72 $13.05 + 1D% Communication Technician USE ELE CTRICIAN INSIDE W IREMAN RATE Elevator Constructor a $32.61D Z6 54 $13.085 G eratin Engineer 528 21 85 4 $10.78 Grou I . Group II 527.4D 85 4 $10.78 Grou III 5?2.05 85 4 $1D.78 Grou III-A $26.06 85 4 510.76 Grou IV Grou V $23.45 65 4 $1D.76 Pipe Fitter 6/05 $32.73 2 33 514.73 Glazier 528.25 68 32 511.6D Laborer (Buildinq): General $21.85 3D 4 $9.48 =first Semi-Skilled $22.25 3D 4 $9.46 Second Semi-Skilled $22.65 3D 4 59.48 Lather USE CARPENTER RATE Linoleum La er & Cutter 1D/05 $28.40 46 67 $9.18 Ivtarble Mason 6/D5 528.79 25 4 58.66 Mlllwriqht USE CARPENTER RATE Iron Worker 4/D5 I $25.1D 50 4 $16.40 Painter 4/D5 I $25.2D 37 4 $11.03 Plasterer 4/D5 ~ $22.45 66 4 $13.33 Plumber 61D5 ~ $3D.D4 45 33 516.11 Pile Driver USE CARPENTER RATE Roofer 6/D5 527.75 95 2 $9.59 Sheet Metal Worker 7/05 $33.67 17 22 512.48 5 rinkler Fitter 7/05 $33.3D 14 4 $11.45 Terrazzo Worker 6/D5 $28.79 25 4 SS.68 Tile Setter 6/05 $28.79 25 4 $8.68 Truck Ddver-Teamster Grou I $25.34 ~ 100 4 $6.56 Grou II $25.34 100 4 $6.56 Grou III $25.54 100 4 $8.58 Grou IV 525.54 100 4 $8.58 Traffic Control Service Driver 515.35 48 49 $2.71 Welders-Acetylene & Electric Fringe Benefit Percentage is of the Basic Hourly Rate Attention Workers: If you are not being paid the appropriate wage race and fringe benefits contact the Division of Labor Standards at (573) 751-3403. "*P,n Huai Incremental Increase "SEE FOOTNOTE PAGE ANNUAL WAGE ORDER NO. 12 i o/as Building Construction Rates for Section D83 r v-" , ~ ~...,...y .,.,.~..,. OCCUPATIONAL TITLE .,., E 'ective Date of Increase as~c Hourly Rates Uver- Time Schedule Holiday Schedule Total Fringe Benefits Welders receive rate prescribed for the occupational title performing operation to which welding Is incidental. Use Building Construction Rates on Building(s) and All Immediate Attachments. Use Heavy Construction rates for remainder of project. For the occupational Titles not listed in Heavy Construction Sheets, use Rates shown on Building Construcfion Rate Sheet a -Vacation: Employees over 5 years - 8%, under 5 years - 6% ANNUAL WAGE ORDER N0. 12 3/05 PLATTE COUNTY OvERTTMF: SCEEDULE EUILDUVG CONSTRUCTION RED: Minimum requirement per Fav Labor Standards Act means time and one-half (I %z) shall be paid for all wort; in excess of forty (40) (tours per work week N0.2: Means dte maximtun of eight (S) hours shall constitute a day's work beginning at II:OD aan. to 12:00 noon, 12:30 p.m. to 430 p.m. The maximum work week shell be forty (40) hours beginning Monday at S:OD am. and ending Friday at 4:30 p.m. Because of traffic, parking ar other circumstances, the hours of work on any project may be any continuous 8'/z hours period (8 hours of work plus 30 minutes for lunch] between 7:OD am. and 4:30 p.m. Wlten circumstances warrant and when it is mutually beneficial and agreed to, the Employer may institute a wort: week consisting of four (4) consecutive ten (1D) hour days, between the hours of 7:00 a.m. and 6:00 p.m. Monday through Thursday, with one-half (%) hour allowed for a lunch period each day. Friday may be used as a make-up day. After ten (10) hours in a workday, or forty (40) hours in a workweek, overtime shall be paid at crate of one and one-half (1 %z) times the regular rate of pay. Overtime performed Monday through Saturday shall be paid at the rate of one and one-half (1 %:) times the regular rate of pay. Stmdays and recognized ]tolidays shall be paid at the double (2) time rate of pay. Labor Day shall be paid at triple (3) time. Shift work may be performed at the option of the Conitnctor. However, whenever shift work is performed it must cover a period not less than (5) consecutive working days. The day shift shall work a regulaz eight (S) hours shift as outlined above. Employees working a second shift stroll receive an additional $0.35 above the regular ]sourly rate and perform seven and one-half (7%z) hours work for eight (S) ]tours pay. Third shift employees shall 6e paid an additional $D.50 above the regular hourly rate and work seven (7) hours for eight (8) hours pay. In the event a fast shift is not required, a second and third shits employee shall receive an additional 15% of the base rate and receive pay for actual hours worked. NO. 13: Means a regular workday shall consist of eight (S) hours between B:OD a.m. and 4:30 p.m. Forty (4D) hours, within five (5) days -- Monday through Friday inclusive -shall constitute the ree°tilaz workweek: The Employer may alter the above stated hours by two (2) hours for an early starling and quitting time only, not to exceed eight (S) hours of work in any one day. The employer may institute a work week consisting of four (4) consecutive ten (10) hour days between the hours of 7:00 a.m. and 6:00 p.m., Monday through Thursday. Friday may be used as a make-up day. After ten (10) hours in a workday, or forty (4D) hotars in a worlcweelc, overtime shall be paid at a rate of one and one-half (1%) times the regulaz rate of pay. The first four (4) hours of overtime after the normal workday, each day Monday through Friday and the first ten (10) hours of overtime on Saturdays shall be paid for at one and one-half (1 %z) times the regular straight lime rate of pay. All other work performed outside of the regularly scheduled working hours and outside of the first ten (10) hours worked on Saturdays shall be paid for at double (2) the regular straight time rate of pay. Sundays and the recognized holidays shall be paid for at double (2) the recwlaz straight time rate of pay, if worked Shift work performed between the hours of 4:30 p.m. and 12:3D a.m. (second shift) shall be paid at eight (S) hours pay at the regular hourly rat, plus ten (10%) percent for seven and one-half (7%z) hours wort:. Shift work performed between the hours of 12:30 a.m. and 8:00 am. (third shift) shall be paid at eight (S) hours pay at the regular hourly rate plus fifteen (15%) percent for seven (7) hours work A lunch period of thirty (3D) minutes shall be allowed on each shift. All overtime work required after the completion of a regular shift shall be paid at one and one-half (1 %z) times the shift hourly rate. N0.14: Means eight (S) ]tours per day shall constitute a day's work. The regular staling time shall be S: DO a.m, and the regular quitting time shall be 4:3D p.m.; lunch tone shall be twelve (12) o'clock noon to 12:30 p.m. The regular starting time may, by mutual consent of employees on the job site, and the employer, be between 7:OD am. and 9:00 a.m. with appropriate adjustments made to the regular quitting time and lunch time. All time worked before the regular starting lime and after the regular quitting time, Monday through Friday, shall be paid at the rate of time and one-half (1'/z). .All work commencing with the beginning of the established work day on Saturday shall be paid at the rate of time and one-half (lti ). All work commencing with the beginning of the established work day on Sundays and/or Holidays shall be paid atthe rate of double (2) time. NO.17: Means flte regular working day shall consist of eight (S) hours of labor between eight (8) a.m. mtd five (5) p.m. and the regular work week shall consist of five (5) consecutive eight (8) hour days of labor beginning on Monday and ending with Friday of each week. All full-lime or part-tune labor performed during such hours shall be recognized as regular working hours and paid for at the regular hourly rate. Except as otherwise provided, all work performed outside of regular working hours during the regular work week, shall be at double (2) times the regular rate. When circumstances wanant and when it is mutually beneficial and agreed to by interested parties, the Employer ma}+ institute a wort: week consisting of four (4) consecutive ten (10) hour da}+s, between the hours of six (~ a.m. and five (~) p.m., Monday through Thursday. Friday may be used as amake-up day. The make-up day will be voluntary, and a decision not to work may not be held agahtst the employee. Vnten working four (4) ten (10) hour days overtime v/ill be paid at the time and one-half (Pr.) rate for the eleventh (11°i) and twelfth (12a') hour, all other work will be paid at dte double (2) time rate of pay. The fn•st two (2) hours of overtone, Monday through Friday, and the first eight (8) hours on Saturday shall be at time and one-half (1'/a) for all work. Al] other overtime shall be at double. (2) time, The first two (2) ]tours of overtime must be concurrent with the regulaz work day; two (2) hours prior to or following the regular work day are at lime and one-half (Ph). The rea~uler workday (as previously defined) on Saturday is paid at time and one-half (1'/z). Wort: performed outside of Ste regular Satw•day work day is at double (Z) time. All work performed on recognized holidays, or days IecaIly obsewed as such; and Sundays shall be paid at the double (2) time rate of pay. The starting time may be varied by one (I) hour. AtiP12083 DT.dac AATNUAL F'f'AGE ORDER NO.12 Page 1 ofSPages i.. PLATTE COUNTI' OVEP.TIIVIG SCHEDULE BUILDING CONSTRUCTION N0.25: ]vleans regular working haws of eight (S) hours shall constitute a working day between the hows of 8:00 a.m. to 4:30 p.m. in a forty (40) how working wee]: of Monday through Friday. Employment on Saturday, Sunday and legal holidays, and employment before or after the regular working ]tours shall be considered overtime. Employment on Saturday, Sunday and legal holidays shall be paid for at twice (2) the regulaz howly rate. Employment from 4:30 p.m. to 12:00 midnight, Monday through Frida}+, shall be paid for at one and one-half (1%z) times the regular ]tourl}+ rate. From 12:00 midnight until 8:00 am. on an}+ day shall be paid for at twice (2) the regular howly rate. N0.26: ]vfeans that the regular worling day shall consist of eight (S) hours worked between G:00 a.m., and 5:00 p.m., five (5) days per week, Monday to Friday, inclusive. Hours of work at each jobsite shall be flrose established by the general corrtractnr and wonted by the majority of trades. (The above working hows may be changed by mutual agreement). Work performed on Construction Wort: on Saturdays, Sundays and before and after the regular working day on ]vlonday to Friday, inclusive, shall be classified as overtime, and paid for at double (2) the rate of single time. The employer may establish hows worked on a jobsite for a four (4) ten (10) how da}+ work week at straight time pay for consWction work; the regulaz working dap shall consist often (10) hours worked consecutively, between 6:OD am. and 6:00 p.m., four (4) days per wee]:, Monday to Thwsday, inclusive. Any work performed on Friday, Satwday, Sunda}+ and holidays, and before and after the regular working day on Monday to Thursday where a fow (4) ten (10) hour day worlcweelt has been established, will be paid at two times (2) the single time rate of pay. The rate of pay for all work performed on holidays shall be at two times (2) the single time rate of pay. N0.30: Means Monday through Sunday shall constitute the work week. Regular starting time shall be 8:00 A.M., except when the work wee]; is scheduled as a week with starting time advanced or dela}+ed. Starting time ma}+ be advanced or delayed by the employer up to two (2) hours from the regular starting time. Eight (8) hours shall constitute the wont day. All work performed prior to or after the regular eight (S) how work day, as described above, and al] wort: performed an Samrday shall be paid at lime and one-half (1'/) the regular rate. In the event that a scheduled eight (S) how work day is missed (not to include holidays) because of events out of the control of the contractor, then that missed work day may be made up at straight time the following Satwday. It is recognized that not all employees working on a Satwday make-up day will have worked the same number ofhows dwing the regular wort: week It is further recogwized that any work after the fort}+ (40) hours in a week must be paid at time and one-half (1'/). Saturday make-up day shalk not be used to make uP for time lost due to recognized holidays. The employer may establish a 41D's schedule on projects (4 days tit+iffr 10 hours per day). If using a 410's schedule, a Friday make-up day is allowed. If using a 4 (10) schedule, any wor}: more than ten (10) hours in a da}+ or forty {40) hows in awork wee]: shall be paid at the time and one-half {1%z) rate. Friday malts-up day shall not be used to make up fortune lost due to recogrized holidays. All work performed on Sundays or holida}°s shall be paid atthe double !2) time rate. NO.3i: The Employer may choose, at his discretion, to work five eight how days or fow ten hour days with a Friday make-up day, Monday through Friday at straighttune. Overtime shall be paid after eight (8) hows when working "five eights" and afrer ten hows when worlang "four tens". All work performed on Sundays and recognized holidays shall be paid for at the rate of double (2) time. All Saturday wont shall be paid for at the rate of time and one-half (1 %z) the reetilaz wage rate. All night work during the regular work wee]: other than the above-mentioned days shall be paid for at the rain of thne and ouerhalf (1 %z) the regular wage scale until midnight and double (2)time after midnight except make-up tune will be allowed under the following conditron: In the everR of inclement weather on exterior projects which prevents working the full regular eight (S) hour day, fort}> (4D) Irow work week schedule, a Saturday malts-up day can be granted. Then said work on Satwday shall be paid at the straight time rate of pay up to a maxtimum tote] of forty (40) hows per week NO. 45: Means eight (S) hows shall constitute a day's wor]:, beginning at S:OD am. and ending at 4:30 p.m The regular work week shall be forty (40) hows, beginning Monday, 8:00 a.m. and ending at 4:30 p.m. Friday. Because of traffic, parting and other circumstances, the hours of work on any project may begin as early as 6:00 a.m. witir eight (8) hours worked between 6:00 a.m. and 4:30 p.m. All overtime lvlonday tlvough Saturday shall be paid at the rate of tune and one-half (1'/z) the regular rnte of pay. Sunda}+ and recognized holidays shall be paid at double (2) time. Labor Day shall be paid at triple (3) time. Shift work may be performed at the option of the Contractor. However, whenever shift wont is performed it must cover a period not Less than (5) consecutive worling days. The day shift: shall wor]: a regular eight (S) hows shift as outlined above. The hourly rate for second shift (seven and one-half hours worked for eiglrt hours paid) shall betwenty-five cents ($0.25) aver and above the hour]}+rate. Tire howry rate far third drift (seven hours worked, eight hows paid) shall be fifty cents ($OSO) above the how]y rate. If no first shift is worked, second and third shift employees slral] receive an additional fifteen percent (15%) over and above fire hourly rate for actual hours worked. ANNUAL WAGE ORDER NO. 12 AW12 OE3 OT.doc Pege 2 of5 Pages r.. PLATTE COUNTY OVERTIME SCHEDULE BUILDING CONSTRUCTION NO.4G: Means the regular wort: dap shall be eight (S) hours from 6:00 a.m. to 6: 30 p.m. Starting time may be between 6:00 am. and 10:00 am The regular work week shall be forty (40) hours, beginning between 6:00 am. and 10:00 a.m. on Monday end ending between 2:30 p.m. and G:3D p.m. on Friday. All hours in excess of the regular work day and work week shall be considered overtime. Overtirrre on days recognized as regular work da}+s and on Saturday shall be paid for at the rate of time and one-half (1%) Ure regular rate. Sunday and recognizcd holidays shall be paid for at the rate of double time (2) for time worked. The Employer may establish a work week consisting of four (4) days, lvionday through Thursday, each day consisfmg often (10) hears at straight time rate of pay. The 410's must nm for a period of at (cast four (4) days. NO. 48: Means the regulazly scheduled work week shat] be five (5) consecutive days; Monday through Friday or Tuesday through Saturday. Eight (8) hours slm]] constitute a day's work Starting time shall not be earlier than 7:00 a.m. nor later than lO:OD arr~ Forty (40) hours shall constitute a week's work. Overtime at the rate of time and one-half (1'/:) will he paid for all work in excess of forty (40) hours in any one work week Gn the Monday Uuough Frida)+ schedule, all work performed on Saturday will be time and one-half (1'/~) unless time has been lost during the week, in wluch case Saturday will be a make up day to the e>L•tent of the lost time. On the Tuesday though Sattrrday schedule; all wort: performed on Monday will be time and one-half (1%) unless time bas been lost during the week, in which case Monday will be a make-up day to the extent of the lost time. Any work performed on Sunday will be double (2) time. If employees work on any of the recognized holidays, they shall be paid time and one-half (I%z) their regulaz rate of pay far all hours worked. ND. 5D: Means eight (8) hours constitute a normal day's wort: Monday through Friday. Any time worked over eight (S) hours will normally be paid at time and one-]ralf (1+/~) except for exclusions stated in some following additional sentences. The Employer, ffi his discre5on, may start the work day between 6:00 a.m. and 9:00 a.m. Any schedule chosen shall be started at the beginning of the work week (Monday) and used for at least five days. Worlc may be scheduled on a four (4) days aweelc (Monday through Thursday) at ten (10) hours a day schedule. If such a schedule is employed, then Friday may be used as a make-up day when time is lost due to inclement weather Time and one-half (1'/x) shall be paid for any wort; in excess of eight (8) hours in any regular work day Monday tlv'oueh Friday unless working 4l0's, then time and one-half (1'/) a8er ten (10) hours. A11 wort: performed on Saturday will be time and one-half (1'/z). Double (3) time shall be paid for all work on Sundays and recognized holidays. NO. i?: Mcans the r ~~rlar workweek shall consist of five (5) eight (8) hour days, Monday through Friday. The regular workday shall consist of a eighi (S) hour period, to be worked between the agreed upon starting time, and ending no later than 4:30 p.m. The agreed upon starting time shall be any time between the hours of 6:00 am. and 8:OD a.m. The option exists for the employer to use a four (4) day, ten (] 0) hour work week. Days worked shall be Monday though Thursday or Tuesday through Friday. If the job requires men on duty all five (5) days, then pert of the crew may work the first four (4) days and the remainder of the crew may work the last four (4) days. Hours each day shell be from 7:00 am. to 5:30 p.m. Interested party's on the project must a~~ree to this clause before it may be used. Once this clause has been put into effect, it shall remain as long as the majority of the Employees on the project and fire Employer agree to keep it. The four {4) day clause shall not be used to circumvent aHoliday. Except as oUrerwise provided, all work performed outside the regular working hours and performed during the regular work week (Monday Uuough Friday) shall be at the following rates of pay: Holidavs New Yeaz's Day, Ivlemorial Day, Independence Day, Thanisgiving Day, Christmas Day (or daps observed as such) shall be recognized as Holidays Ural shall be paid at two (2) times the regulaz rate of pay. Labor Dav No work shall be performed on Labor Day except in special cases of emergency. Fate of pay shall be at three (3) times the regular rate of pay. Overtime-Work performed outside ofthe regular work day (the regtilaz work da}+ shall consist of an eight (S) hear period, to be worked beta+een fire agreed upon starting lime, and ending not later than 4:30 p.m. The agreed upon starting time shall be any time between Dre ]roars of 6:00 am. and S:DO a.m., by muiual consent of Ure interested party's.), shall be:. A. Hours worked Monday through Friday, the first two (2) hours of overtime vdll be paid at time and one-half {P/:). AI] oUrer overtime will be paid at the double (2) time rate. B. The first ten (10) hots worked on Saturday will be paid at time arrd one-half (1 %), wiUr all oUier hours to be paid at the double (2) time mi:.. C. Sundays and Holidays (except Labor Day) shat] be paid at Ure double (2) fime rate. NO. 57: Means eight (8) hours per day shall constitute a day's work and forty (4D) hours per weely Monday throuelr Friday, slurIl wnsCitute a week's work. The regular starting time shall be 8:00 a.m. The above may be changed by mutual consent of authorized personnel. V~7ren circumstances warrant, the Employer may change the regular workweek to four (4) ten-how' days at Ure regulu~ time rate of pay. It being understood Urat all other pertinent information must be adjusted acca•dingl}+. All time worked before and after the established worlcda}+ of eight (8) hours, Monday through Frida}+, all fime worked on Saturda}+, shall be paid atthe rate of iime and one-half (I %) except in cases where work is part of an employee's ree tar Friday slrifL All fime worked on Sunday and zecognized holidays shall be paid at the double (2) lime rate ofpay. ANNTJAL VrAGE ORDER N0.12 AWl2 083 OT.doc Page 3 of 5 Pages PLATTB COUNTI' OVErT11V~ SCIIEDULE BUILDING CONSTRUCTION N0.58: Means eight (S) consecutive hours, between 6:00 a.m. and 5:3D p.m., shall constitute a days work. Five (5) days work, Ivlonday through Friday, shall constitute a normal work week Worlc performed in excess of eight (S) hours per day or eight ]tours beyond normal starting time for that project excluding lunch Monda}~ through Friday; and all work performed on Saturday, shall be paid inr the rate of tune and one-half (1%z). When Stutdays and recoo~nized holidays are worked, the worker(s) shall be paid at the rate of double (2) tune. WorL• ma}~ be scheduled on a four (4) days a week (Monday through Thursday) often (10) hours a da}'schedule at straight time. A Friday make-up day is available if titre is lost due to inclement wcadter and at least sv.~teen (16) hours, but not more than thirty (30) hours, were worked during the week. NO. G3: Means eight (Sj hours shall constitute rite regular work day between time that may be advanced or delayed by two (2) hours on either side of B:OD AM. The Employer may establish a work wee]; consisting of fow (A) days, Monday through Thwsday, each day consisting of ten (1D) hours straight Tune. The four (4) tens (lOs) must run for a period of at least four (4) days, Monday through Thursday. All work on Friday on a four (4) tens (10) project will be paid at the rate of time and onerhalf (1'/zj. AI] wort: performed on Saturday shall be paid at time and one-]tall (1'/z). All work performed on Sundays and recognized holidays must be paid at double (2) time. All work performed prior to or after the regular eight (S) hour work day, or ten (10) hour worl: day, as described above shall be paid at time and one-half (1'/_) the regular rate. NO. b5: Means Monday through Sunday shall constitute the work week. Regular starting time ehmab be. advanced by two (2) hoursf or lunch between three and one-half (3'/z) and five (~) hours after starting time. The starting Y delayed one (1) hour by the employer from fire regular starting titre, All work performed before the advanced starting time and during the half hour lunch shall be paid at the overtire. rate of lime and one-half (1'/). Worlc performed outside these hours shall be paid at the overtime rate of time and one-half.(1%); except as provided otherwise below. All work performed on Sundays or reco~aized holidays shall be paid at the double (2) time rate. When tine starttime is delayed past 9:DD a.m.; file employee's pay shall start at 9:00 am~andoall ~I time, after the normal quitting tune (5:30 p.m.), shall be paid aY the overtime rate. Eight (S) hours shall constitute the wort- day. performed prior W or after the regular eight (S) hour work day, as descibed above, and all work performed on Saturday shall be paid at time and one-half (1'/z) the regular mte. In the event that a scheduled eight (S) hour wort: day is missed (not including recognized holidays) because of incletent weatter, then that missed work day may be made up at straight time on the following Saturday. It is recognized that rat all employees working on a Satwday make-up day will have worked the same number of hours during the r ~~ular work week. It is further recognized that any work after forty (4Dj bows must be paid at time and one-half (1'/:). The employer may establish a 410'5 schedule on projects (4 days with 10 bows par day at straieht time). In order to use the 410'5 schedule, the employer must schedule fhe r+-10'5 for a minimum of one (1) week. If using a 410'5 schedule, a Frida}~ malc~up day is allowed. NO.68: Means Monday through Sunday shall constitute the work week Regular starting time shall be 8:00 a.m., with one half hour for lunch between t}uee and one-half and five bows after starling time. The starting time may be advanced or delayed by fire employer up to one hour from the regular starting time. All work performed before the advance starting time and dwing the half how lunch shall be paid at tite overtime rate of time and one-half (1'/). Work performed outside these hours shall be paid at the overtime rate oftime and one-half (1 iz), except as provided otherwise below. All worl: performed on Sundays or holidays shall be paid atthe double (2) time rnte. Ei~ ttt (S) hours shall constitue the work day. All work performed prior to or after rite regular eieltt (S) hour work day, as described above, and all work performed oa Saturday shall be paid at time and one-half (1'/z) the regular rate, except as h:reinafter described. In the event that a scheduled eight (8) hour work day is missed (not including recognized holidays) because of inclement weather, then that missed work day ~ may be made up at straight time on the Saturday in the week of the pay period. It is recognized that not all employees working on a Satwday make-up day will have worked the same number ofhours during the regular wort: week. It is further recognized that any work after forty (40) bows must be paid at time and one-half (1 %z). The employer may establish a 410'5 schedule on projects (4 days with 10 hotrzs per day at straight time). In order to use the 410'5 schedule, the employer must schedule fire 4-1D's for a tninituum of one (1) week. Ifusing a 4-10'5 schedule, a Friday make-up day is allowed. NO. 85: Means the wodc weep shall be Monday through Sunda}'. Eight (S) bows shall constitute a day's work to begin between 6:00 am. and 9:00 a.m. and end between 2:30 pan. to 5:3D p.m. Employees required to work dwung their lunch period shall reo {line or overtime rate. Employees shall receive time and one-half (1'/z) for al] time they aze required to worl: prior to their normal startutg after eight (S) hours or normal quiRingtime Monda}' through Friday, or all day on Saturday. If mi Employer has stzrted the wort: week on j a five day, eight bows a day schedule, and due tovrclement weather misses any time, then he may switch to a nine or ten' hours a day schedule, at straight lime, for the remainder of that work week in order to make up far the lost time (10-how make-up da}'). All work over ten (1D) hours a day or over forty (40) bows a week must be paid atiime &: one-half (I'/z). Sundays aztd recognized holidays shall be paid at the double (2) time rate ofpay. A conffactor may alter dte regular wodc wee]: to fow• (4) ten (10) hour days at straiglrt time rate of pay. To do this the scheduled 410'5 must be worked at least one full weel: and the regular workv/eek sltallbe lvfonday tluough Thwsday with Friday being a melee-up day at staaighrt titre for days missed in the regular worl:weelc due to inclement weather. If 5-8's are being worked; Saturday may be used as a melee-up day at stmiglu rime ifinclement weather prevent work during the normal work week. 41~TNUAL VdAGL OP.DI,R NO. L^. Pege 4 of 5 Pages AW 12 OS3 OT.doc i' PLATTE COUNTY OVERTIME SCIIEDULE BUILDING CONSTRUCTION NO. 88: Mans the regular work week shall consist of five (5) eight (S) hour days, 8:00 a.m. to 4:;0 p.m, Monda}+ through Friday, except when the work week is scheduled as a 410's week or as a week with start time advanced or delayed as described below. The starting time may be advanced or delayed b}+ one hour on either side of S:OD a.m. The advanced or delayed starting time must run fns a period of at Ieast five (5) days. The Employer may establish a wort: week consisting of four (4) days, during the regular work week, each day consisting often (10) hours at straight time. The 410's must urn for a period of at ]east four (4) days. Time and one-half (1 %) shall be paid for any work in excess of eight (8) hours in any regular work day Monday fln•ough Friday (or ten hours in a 410's week). The first eiglrt (8) hours of work perfomred on Saturday shall be time and one-half (1iz), all work over eight (8) hours on Saturdays and all work (except emergency work) on the Saturday of a three day weekend shall be double (2) time. Double (2) time shall be paid for all timeworlced on Srmdays and recononized holidays. NO. 95: Means a regular workday shall consist of eight and one-half (8ii) hours elapsed time, including one-half hour for lunch. The crew starting times shall be flexible within the period of daylight w B:OD a-m. Arry wor]c performed over nine and one-half (9 :j hours of elapsed time per day including one-half hour for lunch and/or any wor]c performed over forty {4D) hours at the straight lime rate in one week shall be paid at time and one-half {1'/:) the straight time rate. Satwday shall be a voluntary make-up day at straight time at the discretion oftee contractor and with the consent of the employees. Sunday and recognized holidays shat] be paid for at double (2) time. NO. lOD: Means eight (S) hours shall constitute a day's work, and five (5) continuous eight-hour days shall constitute a week's work, Monday through Friday. Time and one-half (1'/z) the regular hourly rate shall be paid for all work performed in exrrss of eight (8) hours in any one da}~ or forty (40) hours in any one week. Starting time shall be between 6:00 a.m. and 9:00 a.m. A]I work over eight (8) hours in a regulaz 5-day S-hour schedule shall be at the appropriate overtime.rate. All time worked before the regular scheduled starting time shall be paid far at the rate of time and one-half (1%) and shall not apply to regulaz shift. All time worked after eight (8) Jtotas in any one day or after 5:3D p.m., whichever comes first, shall be paid at the time and one-half (1 %n) rate. An Employer, at his option, may elect to wont faur (4) ten (10) hour days, Monday through Thursday, at straight time. All such work must be done at least one weak in duration. All wort; over ten (10) hours in one day or forty (40) hours in a week shall be at the overtime rate. Any employee who is scheduled to warlc on arty regular work day but is prevented ii•om working because of weather conditions, shall be permitted to work on Saturday (Friday if working 410's) as a make-up day at the straight time rate of pay. When an employee is squired to work on any recognized holiday they shall receive the double (2) time rate for all time that they are required tD perform work. All time worked from 1?:DO Midnight Saturday to L'• :OD Midnight Sunday shall be paid for at the rate of double (2) time on single shift. ANNUAL 4irAGE ORDER NO. 12 AW72 OS3 OT.doc - Pages of5Pages PLATTE COUIv'TY HOLIDAI' SCHEDULE - BUILDING CtDNSTP.UCTION N0.2: All work performed on New Year's Day, IvIemorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, or the days observed as such, shall be paid at the double time rate ofpay. N0.4: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas Day shall be paid at the double time rate ofpay. If any ofthe above holidays fall on Sunday, Monday will be observed as the recognized holiday. If any of the above holidays fall on Saturday, Friday will be observed as the recognized holiday. NO.7: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, ihanlcsgiving Day, and Christmas Day shall be paid at the double time rate ofpay. If a holiday falls on a Sunday, it shall be observed on the Monday following. If a holiday falls on a Saturday, it shall be observed on the preceding Friday. NQ. 22: All work performed on New Year's Day, Memorial Da}~, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, or days locally observed as such, and Sunday shall be recognized as holidays. If a holiday falls on Saturday, Friday shall be observed; if it falls on Sunday, Monday shall be observed. All wort: performed on holidays shall be paid at the double (2) thne rate ofpay. N0.32: All worl: done on New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, the Friday a$er Thanksgiving, and Christmas shall be paid at the double time rate ofpay. When one of the above holidays falls on Sunday, the fallowing Monday shall be observed and when one ofthe above holidays falls on Saturday, the precedingFriday shall be observed. N0.33: All work done on New Year's Day, Memorial Day, Fourth of July, Thanksgiving Day and Christrnas Day shall be paid at the double time rate ofpay. Labor Day shall be paid at the triple (3) time rate ofpay. If the holiday falls on Sunday, the following Monday will be observed; if the holiday falls on Saturday, the preceding Friday will be observed. N0.39: No work shall be done on the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas. Any of these holidays falling on Sunday, the following Monday shall be a holiday, and any of these holidays falling on Saturday, the preceding Friday shall be a holiday. NQ. 49: The following days shall be observed as legal holidays: New Yea~•'s Day, Decoration Day, July 4th, Labor Day, Thanksgiving Day, Christmas Day, Employee's birthday and two {2) personal days. The. observance of one (1) of the personal days to be limited to the time between December 1 and March 1 of the following year. If any of these holidays fall on Sunda}+, the following Monday will be observed as the holiday and if any of these holidays faIl or_ Saturday, the preceding Friday will be observed as the holiday. If employees work on any of these holidays they shall be paid time & one-half (11/z) their regular rate ofpay for all hours worked, AI~~NLTAL WAGE ORDER N0. 12 AW012 DE3 BHoI Page ]oft Pages PLATTE COUNTI' HOLIDAY SCHEIDULE - BUIIJDING CONSTP.UCTION N0.53: All work done on New T'ear's Day, Memorial Day, Independence Day, Thanksgiving Day, Christmas Day or days observed as such for these holidays shall be paid at the double (2) time rate ofpay. No work shall be performed on Labor Day except in special cases of emergency, and then the rate ofpay shall be at three (3) times the regular rate ofpay. When a holiday falls on a Sunday, the following Monday shall be observed as the holiday. When a holiday falls on Saturday, the preceding Friday shall be observed as the holiday. N0.54: All work performed on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving Da}; and Christmas Day shall be paid at the double (2) time rate ofpay. When a holiday falls on Saturday, it shall be observed on Friday. When a holiday falls ou Sunday, it shall be observed on Monday. NO.67: All work performed on New Year's Day, Memorial Day, Christmas Day, Fourth of July and Thanksgiving Day, from midnight to midnight, shall be paid for at the rate of double time (2) the basic rate of pay if required to work in addition to any other pay otherwise required hereunder as holiday pay. Positively no work shall be performed on Labor Day. Martin Luther Ding's Birthday, Veteran's Day, and the day after Thanksgiving Day shall be considered optional holidays, and tfthe Employer and employees agree that work will be performed on that day, no premium pay will be required. Should any of the above holidays fall on Saturday, the holiday will be observed on Friday. Should any of the above holidays fall on Sunday, the holiday will be observed on Monday. NO. 0'8: All work performed on New T'ear's Day, Decoration Day (Memorial Day), Independence Day (Fourth of JuIy), Labor Day, Thanlcsgtvmg Day, Christmas Da}; or days observed as such, shall be paid at the rate of double (2) time. When a holiday falls on a Saturday, Friday shall be observed. When a holiday falls on a Sunday, Monday shall be observed. No work shall be performed on the Fourth of July or Labor Day except to save life or property. Where one of the holidays specified falls or is observed during the work week, then all work performed over and abovethirty-two (32) hours in that week shall be paid at the rate of tune and one-half (1 %2). N0.72: All work performed on New Year's Day, Memorial Day (last Monday in May), Independence Day, Labor Da}~, Thanksgiving Day and Christmas Day shall be paid for at double (2) the regular straight time rate ofpay. Any one of the above Listed holidays falling on Sunday shall be observed on the following Monday and paid for at double (2) the regular straight tithe rate of pa}~, if worked. Any one of the above Iisted holidays falling on Saturday shall be observed on the prior Friday and paid for at double (2) the regular straight time rate ofpay, if worked. No work shall be pei~forned on Labor Day except in case of emergency. ANNUAL WAGE ORDER NO. 12 AWOL 083 BHoI - Page2of2Pages For the occupational titles not listed on fhe Heavy Construcfion Rate Sheet, use Pates shown on the Building Construction Rate Sheet. `Annual Incremental Increase ANNUAL WAGE ORDER NO. 72 7/DS Heavy Construction Rates fer REPLACEMENT PAGE Section 083 PLATfE Gounty PLATTE COIUNTY O«TY71~ SCHEDULE-HEAVI' CONSTPTTCTION NO. 2: Means (S) hours shaIl constitute the regular work day between time that may be advanced or delayed by two (2) hours on either side of S: DO AM. The Employer may establish a work week consisting of four (4) days, Monday through Thursday, each day consisting often (I 0) hours straight tune. The four (4) tens (1 Os) must run for a period of at least four (4) days, Monday through Thursday. All work on Triday on a four {4) tens (10) project wiII be paid at the rate of time and one-half (1 %). All work performed on Saturday shall be paid at tone and one- half (1'/z). All work performed on Sundays and recognized holidays must be paid at double (2) time. All work performed prior to or after the regular eight (8) hour work day, or ten (X O) hour work day, as described above shall be paid at ihne and one-half (1 %) the regular rate. N0.3: Means a regular work week shall consist of not more than forty (40) hours of work and all work performed over and above ten (10) hours per day or forty (40) hours per week shall be paid at the rate of time 8: one-half (1%). Workers shall receive time and one-half (1'/) for all work performed on Sundays and recognized holidays, Double (2) time shall be paid for work performed on Sundays or recognized holidays when and only if auy other craft employees of the same employer at work on that same job site are receiving double (2) time pay for that Sunday or Holiday work. A work day is to begirt between 6:00 a.m. and.9:00 a.m. at the option of the Employer except when inclement weather or other conditions beyond the reasonable control of the Employer prevents worI:, in which event, the starting time maybe delayed, but not later than 12:00 noon. Where one of the recoolvzed holidays falls or is observed during the work week, then all work performed over and above thirty-two (32) hours in that week shall be paid at the rate of time and one-half (1'/~). ANNUAL WAGE ORDER N0. 12 AW012 083 HOr Page I of 1Pages PLATTE C®iJ1~1TY HOLIDAY SCI~DULE-HEAVI' CO~N6TRUCTION N0.2: Al] work performed on New Year's Day, Decoration Day (Memorial Day), Independence Day (Fourth of July), Labor Day, Thanksgiving Day and Christmas Day, or days observed as such, and Sundays shall be paid at the rate of time and one-half (1 %:). Double (2) time shall be paid for work on Sundays or recognized holidays when and only if other cra$ employees of the same employer at wort; on that same job site are receiving double (2) time pay for that Sunday or holiday work. No work shall be performed on Labor Day, except in case of jeopardy of life or property. This rule is applied to protect Labor Day. When one of the above holidays falls on a Saturday, the preceding Friday shall be observed; when the holiday falls on a Sunday, the following Monday shall be observed. Where one ofthe specified holidays falls or is observed during the worl; week, then all work performed over and above thirty-iwo (32) hours in that week shall be paid at the rate of time and one-half (I%). NO.17: All work performed on New Year's Day, Decoration Day (Memorial Day), Independence Day (Fourth of July), Labor Day, Thanksgiving Day, Christmas Day, or days observed as -such, shall be paid at the rate of double (2) time. When a holiday falls on a Saturday, Friday shall be observed. When a holiday falls on a Sunday, Monday shall be observed. No work shall be performed on the Fourth of July or Labor Day except to save Iife or property. Where one ofthe holidays specified falls or is observed during the work week, then all work performed over and above thirty-two {32) hours in that week shall be paid at the rate of time and one-half' (I %Z). AW012HHo1 ANNUAL U~~AGE ORDERNO. 12 Page I of 1 Pages OUTSIDE ELECTP.ICIAN These rates are to be used for the following counties: Bates, Benton, Carroll, Cass, CIay, Henry, Jaclrson, Johnson, Lafayette, Pettis, Platte, Ray and Saline UT>~,rrY woRl~ OVERTIME RATE: Eight (S) hours of wort: between the hours of 8:00 a.m. and 4:30 p.m. shall constitute a worl: day. Forty (40) hours within the five (5) days, Monday through Friday inclusive, shall constitute the wofl~ week Starting time may be adjusted sotto exceed two (Z) hours. Work performed outside ofthe aforementioned will be paid at the applicable overtime rate. When starting tune has been adjusted, all other provisions concerning the work day shall be adjusted accordingly. The overtime rate of pay shall be one and one-half (1'/z) times the regular rate of wages, oth, x than on Sundays, holidays and from Midnight until 6:00 am., which will be paid at double (2) the straight time rate. HOLIDAY RATE: VJorlc performed on New T'ear's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, or days celebrated as such, shall be paid at the double time rate of pay. Ifthe holiday falls on Saturday, it will be observed on Friday; ifthe holiday falls on Sunday, it will be observed on Monday, and shall be paid for at double (2) the regular straigh time rate of pay. ANNUAL WAGE ORDER N0.12 sros ICC ZOTIE1AW72.doc COAiIlV1~RCIAL wOx>'~