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HomeMy WebLinkAbout2009-071 - Sprinkler systems . BILL N0.2009-71 ORDINANCE N0.2009-71 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH SIGNATURE LANDSCAPE, INC. FOR INSTALLATION OF SPRINKLER SYSTEMS FOR THE HORIZONS PARKWAY ROAD PROJECT WHEREAS, the City of Riverside, Missouri ("City's has received a proposal and engaged in negotiations with Signature Landscape, Inc. ("Signature") for installation of sprinkler systems as part of the Horizons Parkway Project (the "Services"); and WHEREAS, the City and Signature have reached an agreement concerning the provision of and payment for such Services. NOW, THEREFORE, be it ordained by the Boazd of Aldermen of the City of Riverside, Missouri, as follows: Section 1. This Ordinance is intended and is hereby determined and declared to be necessary to accomplish and serve the public purpose of constructing and improving public roads within the City. Section 2. The City of Riverside shall enter into an agreement whereby Signature shall provide the Services as described in Exhibit A attached hereto to the City at a total cost of $294,413.86 (the "Agreement"). Section 3. The execution and delivery of the Agreement, in substantially the form attached hereto as Exhibit B, is approved, and the Mayor is authorized to execute the Agreement and to take such other actions reasonably necessary to carry out the intent of this Ordinance on behalf of the City, the execution of the Agreement being conclusive evidence of such approval. Section 4. The Mayor, the City Administrator, the City Attorney and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to cant' out and comply with the intent of this Ordinance and to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents, as may be necessary or convenient to perform all matters herein authorized. a - + Section 5. This Ordinance shall be in full force and effect from and after its passage and approval. N Passed this ~ ay of ~~,.2009. Mayor Kathleen L. Rose ATTE City Clerk AGREEMRNT BETWEEN CITY OF RIVERSIDE AND SIGNATURE H2RIGATION, LLC. TOR INSTALLATION OT 5PRINIO:,ER SYSTEMS TOR THE HORIZONS PARKWAY ROAD PROJECT CONTRACTOR: SIGNATURE IRRIGATION. LLC ORDINANCE NO.: 2009-71 CONTRACT PRICE: $294,413.86 Agreement AGREEMENT BETWEEN CITY OF' RIVERSIDE AND CONTRACTOR INSTALLATION OF SPRINKLER SXSTEMS FOR THE HORIZONS PARKWAY ROAD PROJECT THIS AGREEMENT, made and entered into as of the 9 ~ day of ~~ 2009, by and between the City of Riverside, Missouri ("City"), and Signature Irrigation, LLC (` Contractor"), shall govern all Work to be provided by Contractor for City on the Project. WHEREAS, City, under the provisions of Ordinance No. 2009-71, duly approved June, 2, 2009 and by virtue of the authority vested in City by the general ordinances of City, intends to enter into one 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 Adminishator'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 WI~REAS, Conhactor represents that Contractor is equipped, competent, and able to provide alt the Work, in accordance with this Agreement; NOW TI3EREFORE, in consideration of the mutual covenants and consideration herein contained, IT IS HEREBY AGREED by City and Contractor as follows: ARTICLE I THE 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, facllity, and/or other improvements for which Contractor is to provide Work 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 anything else necessary to accomplish the results and objectives described in Appendix A to this Agreement, subject to Appendix B to Agreement this Agreement (Project Exclusions}, and in the other Contract Documents, in full compliance with ali requirements set forth in the Contract Documents, subject to additions, deletions, and other changes as provided for in Article VI of this Agreement. The Work 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 Work is to be performed, including, without limitation, (1) the location, condition, layout, and nahrre of the Project site and surroundmg areas, (2) generally prevailing climatic conditions, (3) Iabor 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 Conhactor performs all Work in accordance with the Contract Documents and complies fully with each and every obligation of Contractor under the Contact Documents, City shall pay Contractor the sum of Two Hundred Ninety-Four Thousand Four Hundred Thhteen and 86/100 Dollars ($294, 413.86). This amount shall include all costs, permit fees, profit, overhead, expenses, taxes, and compensation of every kind 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. 2009-71 authorizing the Work and Contractor shall not seek, nor be entitled to, payment exceeding this amount unless City duects 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 WO)~ /SUBMITTALS A, Contractor shall commence performance of the Work on the date indicated in a vn•itten notice (`2Qotice to Proceed") that strap be given by Ciiy to Contractor. B. Contractor shall achieve Substantial Completion (as defined in Article V, Paragraph F of this Agreement) of all the Work not later than 140 calendar days aRer the date indicated in the Notico to Proceed for commencement of performance of the Work. Following Substantial Completion, 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. C. Time is of the essence in the performance of the Work and any other Contractor obligations under the Contact Documents. Contractor shall upon commencement of performance work daily to complete the Work except for Saturdays, Sundays, holidays, and days of inclement weather. This Paragraph C does not preclude Contractor from working Saturdays, Sundays, holidays, or days of inclement weather. Contractot• shall give the City at least 48 hours notice if intending to work on Sahuday, Sunday, holidays or days of impending inclement weather. Agreement D. Promptty after the execution of this Agreement, and in any event before commencing performance of the Work, Contractor shall submit to City for approval 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 shalt 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 ifrequired by the conditions of the Work and the Project. With each Application for Payment under Atticle V of this Agreement, Contractor shall submit an updated, current schedule, Neither the original schedule nor any update shall exceed time limits current under the Contract Documents. E. In the event Administrator determines that performance ofthe Work 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 Admirush~tor'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 continuo until the progress of the Work complies with the Conhact Documents and clearly indicates that all Work will be completed within the prescribed time. F. 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 submita[s to the Contract Documents. Contractor shall prepare and defiver 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 sh3ctly in accordance with approved submittals. City's approval does not relieve Contractor from responsibility for defective work resulting from errors or omissions of any kind on the approved subrnittats. ARTICI.Is TV CONTRACT DOCUI!'IT;I~TTS 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 agreement between City and Contractor, and ue the Contract Documents: This AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR. -~2. WORK (Appendix A to this Agreement). 3. PROJECT EXCLUSIONS (Appendix B to this Agreement). 4• PRICING (Appendix C to this Agreement). ~5, PERFORMANCE BOND (Appendix D to this Agreement). Agreement 6. PAYMENT BOND (Appendix E fo this Agreement). PREVAILING WAGE RATES (Appendix 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 ambigttities, inconsistencies, and conflicts obset~ed 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 behveen 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 Conhact Documents as City directs. ARTiCT,1; V PAYIVIl;NT5 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 o£ Contractor's monthly accounting period, Contractor shall submit an Application for Payment to the City representative designated in Article XII. 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 tc 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 fiom the Contract Amount that Contractor claims. Conhactor shall identify each subcontractor and supplier whom Contractor intends to pay from the requested payment and shall state the antount 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 subconhactor or supplier fiom such payment, Conhactor shall include with each Application all supporting documentation as City may require. City shad pay Contractor within 30 days of deliverry of Contractor's Application and all supporting documentation to City's designated representative, provided all Work and documentation are acceptable to City, Within IS days of its receipt of payment from City, Contractor shall pay all subcontractors and suppliers to whom payment is owed fiom 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, Adminishator shall withhold five percent 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. 2009-71, 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, Agreement D. Neither Administrator's certificate nor payment made to Conhactor shall constitute acceptance of airy part of the Work. Contractor shall remain obligated to perform all Work ht accordance with the Contract Documents. E. With each Application, Conhactor shall submit a signed certificate of receipt of prior payments and release of claims and rights in connection with prior paymcnts, in a form approved by City. City may, at its option, also requhe 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 6e 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 Admhtistr~tor's certification that all the Work is Substantially Complete. If there are minor items remaining to be completed after Substantial Completion, an amount equal to 200% of the value of each item, as determined by Administatot•, shall be withheld until such items are completed. G. Contractor shall not be entitled to final payment for the Work until Conhactor submits an application for fmal payment, all requirements of the Contract Documents are complied with, and Adminishator issues his or her certificate to that effect. City, within 30 days after the delivery of Admittishator's certificate, shall pay Contractor ail remaining funds which Contractor is due under this Agreement. Fl. Acceptance of final payment by Contractor shall release City from all further obligations to Contractor, except as to such amounts, if any, Conh•actor has identified in its application for final payment as claimed by Contractor. All claims not identified in the application for final payment are waived. h City may withhold finat or any other payment to Contractor on any reasonable basis, including but not limited to the following: 1. Unsatisfactory job progress, 2, Defective Work, 3. Failure to make payments to subcontractors or suppliers, 4. Reasonable evidence that alt Work 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 Agreement Contractor's failure to provide requested documentation. J. If Contractor does not pay subcontractors or suppliers for labor and/ot• material properly provided, City may, but shall not be required to, pay subconh'actors and suppliers directly. Any payments made to subcontractors and suppliers shall be charged against the Conhact Amount. This provision shall not confer any right upon any subcontractor or supplier to seek payment directly from City. ARTICLI.1 VI CIIANGLSICLAIIVIS A. City, without invalidating this Agreement, may at any time and without notice to any stuety, 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 duected 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 Wotk causes a net increase or decrease in the cost of Contractor's performance, the Contract Amount shall be increased or decreased as follows: If the Work is covered by unit prices set forth in Appendix C, by application of such unit prices to the quantifies of the items involved; or 2. If the Work involved is not covered by unit prices set forth in Appendix C, by a lump sum as to which Contractor and City mutually agree prior to the commencement of performance of the change; or 3. If the Work involved is not covered by unit prices set forth in Appendix C and agreement to a lump sum is not reached, the change shall be performed on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, 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 expeuditttres 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 hand tools, whether rented from Contractor or others; costs of premiums for all bonds and insurance, permit fees, and solos, use or similar taxes related to the Work; and additional costs of supervision and field office personnel directly attributable to the change. Agreement If a change to the Work causes an increase ar decrease in the fime 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 Work shat[ 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 pazties, 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 performazrce of the Work, D, Agreement on any Change Order shalt constitute a final settlement of all matters relating to the change in the Work 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 Work. E. If Contractor is delayed or interfered with at any time in the commencement or prosecution of the Work by an act or neglect of City, an employee, officer, or agent of City, or an architect or engineer or separate conhactor 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 conttol and that Contractor could not seasonably anticipate, the time for performance of the Work 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 prosecut[on o£ any of the Work, shall be submitted to City's designated representative within seven calendar 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 seven-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 rho performance of the Work, shall excuse Contractor from proceeding with prosecution of the Work, including any Work as changed. AxTI[cL>; vzr INSUttnlvcJJ A, Contractor shall, at all times during the performance of any of the Work, maintain not less than the following insurance coverages and amounts: COMMERCIAL GENERAL LIABILITY - Conhactor 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: Agreement 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 • Independenteontraetors • 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 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 EMPLOYER'S LIABILITY -This insurance shall protect Contactor against all claims under applicable state workers' compensation laws. Contractor also shall be protected tluough employer's liability coverage against claims for injury, disease, or death of employees which, for any reason, may not €all 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 fmaneiai rating not lower than "B+XI" in Best's Insurance Guide, latest edition, All insurance shall be written on an occurrence basis, and all aggregate limi#s shall apply in total to the Work only. Each policy providing general liability coverage or automobile liability coverage (including any umbrella or excess policy that provides any required general or automobile liability coverage) shall provide contractual liability coverage for alI indemnity obligations of Contractor under the Confract Documents. Each policy providing general flability or automobile liability coverage (including any umbrella or excess policy that provides any required general or automobile liability coverage) shall, in form satisfactory to City, (1) name as additional insureds City, its employees, offioets, 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 insared, which other insurance shall be excess or contingent. The insurance provided to the additional insureds shall apply, without limitation, to injury or damage caused by work included in the productslcompieted operations hazard. C, Contractor shall maintain the products and completed operations coverage for not less than fen years after the date of final acceptance by City of all of Contractor's Work. Agreement D. Contractor shalt obfain property insurance upon the entire Work for the full cost of replacement at the time of loss. This insurance shall Iist as named insureds 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 toss except those specifically excluded by the policy and shall insuue at least against the perils of faro, lightning, explosion, wind storm, hail, smoke, aircraft and vehicles, z•iot and civil commotion, theft, vandalism, malicious mischief, debris removal, flood, earthquake, earth movement, water damage, wind, testing, and collapse. 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 in the property to be covered by this insw•ance, whichever is sooner. City and Conhactor waive all rights against each other and their respective employees, agents, contractors, subcontractors, and suppliers for damages caused by risks covered by the propety insurance provided for in this Paragraph D, except such rights as they may have to the proceeds of the insttrance. E, All policies and certificates of insurance shall provide no less than 30 days' prior wzitten notice to City in the event of cancellation, expiration, non-renewal, altetaHon, 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 and copies of policies, all satisfactory to City, evidencing that Contractor has ail the requhed insurance and is in compliance with this Article VII. The certificate or certificates and copies of policies 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, its employees, officers, and agents, and architects, engineers, or other design professionals engaged by or on behalf of City, F. Contractor also shall maintain any additional insurance coverages and any higher limits provided for elsewhere in the Contract Documents and shall fwnish City any additional insurance documentation provided for elsewhere in the Contract Documents. G, If any part of the Work is subcontracted, each subcontractor, or Contractor on behalf of the subcontractor, shall maintain liability and worker's compensation insurance coverages and amounts satisfying all the requirements of this Article VII. Certificates and copies of policies, satisfactory to City, evidencing the required insurance and compliance with this Article VII shall be delivered to City's designated representative not less than seven days before the subcontractor first performs any of the Work. ARTICLE VIII INDEMRI'I'Y 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 fiom the performance of the Work, provided that such claim, damage, foss, or expenses is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the Work itsolf), but only to the extent caused or allegedly caused by the negligent acts or omissions of Contractor, a subcontractor or suppliez; or Agreement 10 anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. This obligation is not intended to, and shall not, negate, abridge, or reduce other rights or obliga$ons of indemnify that would otherwise exist as to a parry 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 indueetly employed by them or for whose acts they may be liable, fhe inderuni6cafion obligation under Paragraph A shall not be limited 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 IX PATENT LIABILITY Contractor agt•ees 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, ot• recovered against any of them, on account of any such actual or alleged infringement. 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, othet• than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting fiom the award or making 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 Conttactor to or for the benefit of any offfeer, employee, or agent of City who may reasonably be expected to influence the decision to requisition, issue or take any action with respect to this Agreement, Contractor shall a11oFV a mutually agreeable nationally recognized certified public accounting fnm to examine, at City's expense, such of Contractor's books and records as may be necessary, in the accountant's reasonable opinion, to verify Contractor's compliance with this Article X. ARTICLE XI RECORDS REGARDING PAYMENT For a period of at least two years a$er 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 bitted at appropriate times for proper percentages of Agreement t ~ 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 conhacts, subcontracts, material bibs, correspondence, accounting records, time sheets, payroll records, canceled checks,~orders, and invoices pertaining to City's accounf. Ciry or its representative shall, upon reasonable prior notice to Contractor, be given the opporhtnity to audit these records at any time during normal business hours to verify the accuracy of Contractor's invoices and charges. ARTICLE IIII NOTICES A. The fotiowing 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 Ciry Administrator City of Riverside, MO 2950 NW Vivion Riverside, M064150 F~or~C~ontrac~to-r:• ~• _ ~1~6_ryt U• JrYt~~ Signature h7'igation, LLC 15705 Pflumm Road Olathe, KS. 66062 B, Any notice required by the Contract Documents to be given in writing or that either City or Conhactor 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 furnish the other party. C. Contractor's designated representative shall be available to meet with City at any time during the performance of the Work and shall have full authority to act on Contractor's behalf on any matter related to khis Agreement and/or the Work, ARTICLE XIII DEFAULT 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 Conhactor'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) fallme in any respect to prosecute the Work with prromptness 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 cor~•ect from City, City may, in addition to any other right or remedy City may have, furtrish any necessary labor, supervision, materials, tools, equipment, services, or other items tiuough 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 Work and take over and complete the performance of such Work, through City or others, at Contractor's expense. Agreement 12 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 Work taken over by City, and may employ 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 fiom any default by Contractor. The total amount of such costs, expenses, charges, liabilities, fines, penalties, losses, damages, and claims may be deducted by City fiom the amount, if any, othet•wlse due Contractor, and Contractor shall pay City the full amount of any excess of such total over the amount otherwise due Conhactor. 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 concttnentiy or fiom time to time. No exercise by City of any right or remedy shall relieve 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 waive or excuse the default, and City shall remain free to pursue alt 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 XIV TERMINATION FOR CITY'S CONVENIENCE 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 tot' 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 Agreement 13 A. Contractor shall comply strictly with ali federal, state, and local laws, ordinances, rotes, regulations, orders, and the like applicable to the Work, including, but not limited to any applicable prevailing wage and prompt paymont laws. Contractor shall secure all permits from public and private sources necessary for the fitifilhnent of Contractor's obligations under the Contract Docttments. 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 oach worker employed by Contractor in conmection with the Work and, for each such worker, the number of horns 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. ARTICLE XVI SUBCONTRACTS, ASSIGNMENT, OR TRANSTER 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 rho Work. City's consent to any assignment, subcontract, or purchase order shall not relieve Conhactor from any obligation under fhe Contract Documonts, nor shall it create any obligation from City to any assignee, subcontractor, or vendor•• B. Each subconhact 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 subcon#ract or purchase order issued by Contractor for any of the Work shall ptnvide that it is fieely assignable by Contractor to City. Contractor hereby assigns to City all its interest in any present or future subcontract or purchase order issued by Conhactor for any or ali of the Work. This assignment shall be effective upon acceptance by City in writing and only as to the specific subcontract(s) andlor purchase order(s) that City designates in the writing, This assignment maybe 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 XVII 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 vohicular and pedeshian, around the site of the Work and all adjacent areas. Agreement t4 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. Confz'actor 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 conshuction equipment, tools, machinery, waste, and surplus materials. Contractor shall make provisions to minimize and eonfine dust and debris resulting from construction activities, If Contractor fails to comply with cleanup duties within 24 hours after written notification from City of noncompliance, Cify may implement cleanup measures without fiuther notice and deduct the cost from any atnounts due or to become due Contractor, ARTICLE XVI)I COMPETENCE Contractor represents and warrants that it maintains all necessary licenses, registration, competence, and experience to perform all the Work. ARTICLE XIX •VVARRANTY 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 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 XIX 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 STORAGE OF MATERL4LS AND EQUIPMENT Only materials and equipment that are to be used directly in the Work shall be biought 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 conshvction materials and equipment stored at the Project site from weather, theft, and all other casualty or damage is solely the responsibility of Contractor, ARTICLE XXI SAFETX Agreement IS A. Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection wifh performance of the Work and shall fake reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injw•y, or loss to (1) employees and other persons at the Project site or who may be affected by the Work, (2) materials and equipment stored at on-situ 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 pees, shrubs, lawns, walks, pavements, •roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of conshuction. B. Conhactor shall give notices required by and comply strictly with applicable laws, 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 Work or the Project site unsafe, City, without assuming responsibility for Contractor's safety program, may require Contractor to stop performance of the Work or fake 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 cast from the Contract Amount. Contractor shall make no claim for damages, for an increase in the Contract Amount, or for a change in the titne for performance of the Work based on Contractor's compliance with City's reasonable request. ARTICLE JtXII INDEPENDENT CONTRACTOR Contractor 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 XIt1II CONI+LICT Contractor shall promptly upon discovery notify City of any conflict, ambiguity or inconsistency in the Conhact Documents, or befween any Contract Document and achtal field conditions, and City shall resolve such conflict, ambiguity or inconsistency in its sole discretion. ARTICLE XXlV BONDS Prior fo commencing any Work, Contractor shall obtain fiom a recognized surety acceptable to Administrator, a performance bond and a payment bond, in the forms at Appendixes D and E to this Agreement. Each such bond shalt be for the full Contract Amount, The premium for these bonds is included in tha Contract Amount. ~.t ~~ wt ~uwt ~w -~Se b Ort~s w?d 6e. bill •5~~ a S a, Wa~k.B+d~er iri 1-t<s 4~ouM.4 ail-. ~ W~ ~/~ ~;4nalu .T.r.~a`hA,.,L1,~ ARTICLEXXV (J3,ZSC3 'vut,d, g.v-pq L~l.,o~ (~ioerslcle SEVERABILIT'Y 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 XXVI Agreement 16 IN WITNESS WIiEREOF, the patties have caused this Agreement to be executed by their authorized representatives. ATTES~~; ~ Y CLE CTI'Y ATTORNEX CITY OFaR1VERSIDE MAYOR SIGNA ATIO LLC By: (Signature) Printed Name: tt)~lliawt ~c;rc~or` Title: __~u'n~e r Agceament Planning and Zoning (Mike Duffy has Exhibit A as it is too large to scan) ~ ~~~~ ~ PR07ECT EXCLUSIONS There are no exclusions on this project, A~q ~~~X Si~xa~ii LANI~Sf;APE 15705 PHumm Road Olaiho, Kansas 66062 (913) 829.8181 FAX: (913' 829.8197 wrvw. signalurekc,com PROPOSAL 0 008092 May 11, 2009 Submitted To: Project; Horizon Parkway .~ Horizon Parkway Riverside, Nj0 64150 Install frdgaUon system along Horizon's Parkway. IrrlgaElon Description Armor l0 Round Box Armor 10 Round ltd Only SvAng Pipe 1/2x100F7 RB 1804-SAM Pop-up 4" . RB 5004-PL-PC-S Plus W(re 14.2x2500FT BlueiRed RB QCV 44LRC Directional Bore 4" Brass Gate Viv w/x 3° ADS 0" Soild Plpe RB MDC Decoder • RB MDC2 Confrollor RB MDCM50b Module Qulkcrete ~6"Trench Dlgging RB PESB 2" Valve RB PE81" Valve AVC pipe 200 BE 1x20 PVC P(pe 200 B~ 2x20 PVG pipe 200 BE 3x20 PVC P(pe 40 BE 6x20 PVC Pipe 200 BE 1=fl2x20 Pipe Fittertabor ' Machine Operator.Lahor General Irrigation Labor ,. yR ' Irrigation Insfali Tofal 294,413.88 SlzalUnit EA EA FT EA EA FT EA FT EA FT EA EA EA 6011 Bag EA EA Eq FT FT Fl' Ff HR . HR Quantity 55:00 55.00 3,500.00 1,175,00 661.00 10,000.00 6.00 740.00 6,00. 20.00 ' 41.00 1.00 9.00 20,00 1.00 44.00 1.00 33,000.00 2,000.00 6,000.00 .2,600.00 3,000.00 165.00 160.00 7,675.00 . `Subtotal 294,413.86 Tax 0.00 Tafai Pribe .294;413:88 . of if wndiuons are encountered on the slta whlch are subsurface or olfierwise concealed physlcat cAndlUons which differ materially Gom those contemplated, arphystc9l conditions of art unusual_n'alure are oncountered and caUse''a furtherance to Signature Landscape In Ume or materials, Signature Landscape vdlt be enttged to an equltebte ad)ushnent In the ofiginal conlraot price, an extension of the wmpletlon date, or both, by Grange order. Furthermore, Signature Landscape will not be held responsibie for any damage to the following: Underground S dnkler heads - Undarground irdgailonpiping -Teiavisiori Cable -phone Cabia -Low Voliaga Cable, Cosspaois/SepUo Tanks or any buried uUllUesand/or davicos not tnslaued in aecordanco vriUl local building codes"or common praotfces. By: ~,~ Acca ~~ q • Zao 9 Pted: Kevin W. er Date ~ Date Landscape Construction Manager I i I I I I D EXHIBIT GV-PERFORMANCE BOND FOR THE FAITHFUL PERFORMANCE of each of the terms and stipulations of the AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR, dated 2009, designated Ordinance No. in every particular, as Principal, and as Surety, hereby bind themselves and their respective heirs, executors, adminishators, successors, and assigns, unto the City of Riverside, Missouri, in the penal sum of lawful money of the United States, conditioned that in the event Principal shall faithfully and properly complete the ~~Jork required by the Contract Documents described in the Agreement and perform all of its obligations and duties pursuant to the terms of the Contract Documents, including, without limitation, all warranty obligations and duties and including those under which Principal agrees to pay the prevailing hourly rate of wages for each craft or type of worker required to execute the Work in the locality as determined by the Department of Labor and Industrial Relations of Missouri or by final judicial determination pursuant to the provisions of Sections 290.210 to 290340 and 290.550 through 290.580, inclusive, of the Revised Statutes of Missouri, then this obligation to be void, otherwise to remain in full force and effect. Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Work to be performed thereunder shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the teens of the Contract Documents or to the Work. PRINCIPAL By: (Signature) Printed Name: Title: Date: SURETY By: Printed Name: Title: Date: (Signature) SURETY POWER OF ATTORNEY MUST BE ATTACHED A~p-~t-~~x ~ PAYMENTBOND entered into an Agreement dated and the CITY OF RIVERSIDE, MISSOURI, have Ordinance No. 2008, designated as Principal, and as Surety, hereby bind themselves and their respective heirs, executozs, administrators, successors, and assigns, unto the City of Riverside, Missouri, in the penal surn of lawful money of the United States, conditioned that in the event Principal shall pay the prevailing hourly rate of wages for each craft or typeaf worker requhed to execute the Work requhed by the Contract Documents described in the Agreement in the locality as determined by the Depaztmernt of Labor and Industrial Relations of Missouri or by final judicial determination pursuant to the provisions of Sections 290.010 to 290340 and 294.550 through 290.580, inclusive, of the Revised Statutes of Missouri, and shall timely pay to the proper pathos all amounts due for material, machinery, equipment and fools, consumed or used in comzection with the construction of such Work, and all insurance premiums, workers' compensation, and atl other kinds of insurance, on such Work, and for all labor performed in such Work whether by Principal, subcontractor, or otherwise, then this obligation to be void, otherwise to remain in full force and effect, and the same may be sued on at the instance of any subcontractor, material supplier, laborer, mechanic, or other Interested party, in the name of the City of Riverside, to the use of such parties, for any breach of the considerations hereof, Surety hereby stipulates and agrees That no change, extension of time, alteration or addition to the terms of the Conhact Documents or to the Work to be performed thereunder shall in any wise affect its obligation on this Bond, and it does herehy waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Work. PRINCIPAL By: Printed Name: Title: Date: {Signature) SURETY BY~ ._ Printed Name: Title: Date: {Signature) SURGTX PO'4~'~R O~ ATTORNEY MUST B); ATTACII);D PREVAILING WAGE RATES A. Special Wage Detertnination• Prevailing hourly rates of wages follow, as determined by the Division ofLabor Standards, 7efferson City, Missouri. ~P~ >~ ~S~ ~~ WAGE AND EIOUR SECTION JEREMIAId W. (JA ~a` In accordance with Section 2 Annual Wage Order has been be affected by this Annual Indushial Relations Comm set forth in writing the i furnished to the Divi n~ 8 CSR 20-5.010(1), certif State of Missouri qr s - o ~~00, within thirty (30) days after a certified copy of this r the Secretary of State as indicated below, any person who may de ay object by filing an objection in hipiicate with the Labor and 0. $ox 599, Jefferson City, MO 65102-0599. Sttch objections must ounds of objection. Each objection shall certify that a copy has been tandards, P.O. Box 449, Jefferson City, MO 65 102-0 4 49 pursuant to copy of the Annual Wage Order has been filed with the Secretary of Duector r Standards This Is A True And Accurate Copy Which Was Filed With The Secretary of Statc: March 10.2009 Last Date Objections May Be Filed: April 4.2009 Prepared by Missouri Department of Labor and Industrial Relations Building Consimction Rates for REPLACEMENT PAGE Seckion 083 PLATTE County OCCUPATIONAL TtTLE Effect a Date of Increase Basic Hourly Rates Over- T(me Schedule Holiday Schedule Total Fringe Benefits Asbestos Worker $32,04 52 53 $20.48 Bol(ermaker $32.10 57 7 $19 5 Brickta ersStone Mason $31.55 58 39 $14. Car enter 4109 $33.30 63 68 1~ Cement Mason $24.47 65 4 ° Electddan Inside Wireman Communlcatlon Technician $33.33 USE ELE 13 CTRICIAN 72 INSIDE W 20 + 10 IREMA T Elevator Constructor a $38.380 26 54 19.635 O eradng Engtneer _ Grou 1 4109 $33.11 85 4 12.7b Grou II 4(09 $32.30 85 4 $12.75 Grou III 4109 $26.75 85 4 _ $12.75 Grou III-A 4/09 $30.96 85 ~ $12.7b Group IV Grou V 4109 $28.35 85 _ $12.76 Pi a Fitter 6/09 $37.73 2 3 - _ $18.24 Glazer 9109 $30.70 88 32 $14.36 Laborer Buildin General $24.80 6° $12.20 First Semt-Skilled $25,20 s 30 - $12.20 Second Semi-Skilled $25.60 _ - 4 $12.20 Lather Linoleum La er & Cutter 4/09 USE CAR $ -` 6 TE 67 $12.95 Marble Mason 6109 ~~0. 4 $12,90 Mlllwri ht S CAR ER R ATE Iron Worker 4109 $27.5 50 4 $21.60 Painter 4/09 g~,$28.2 37 4 $13.07 Plasterer ~ 68 4 $16.56 Plumber 6/ $37.39 45 33 $17.22 Pile Driver CARP ENTER R ATE Roofer , ~ `~ $31.25 95 2 $12.49 Sheet Metal Worker _ $37.35 17 22 $14.94 S rinkler Filter $35.25 14 4 $15.50 Terrazzo Worker Tile Setter -6/09 L09 $30.89 $30.89 25 25 4 4 $12.90 $12.90 Truck Driver-Teamster Grou t 4109 $29.14 100 4 $10.46 Grou 11 4/09 $29.14 100 4 $10.45 Grou ill 4109 $29.34 100 4 $10.4b Grou IV 4109 $29.34 100 4 $10.45 Traffic Control nn rive'r°°~ $15.35 48 49 $2.71 Welders-Ace le`TT is Fringe Ben r ercen a is of the Basic Hourly Rate Attention Workers. you are not being paid the appropriate wage rate and fringe benefits contact the Division of Labor Standards at (573)751-3403. "'Annual Incremental Increase `SEE FOOTNOTE PAGE ANNUAL WAGE ORDER N0. 16 g(pg Building Construction Rates for PLATTE County Footnotes Section 083 OCCUPATIONALTITLE ectme Date of Increase as~c Hourly Rates ver- Tima Schedule Holiday Schedule Total Fringe Benefits d ~~. Welders receive rate prescribed for the occupational title performing operation t icelding Is incidental. Use Building Construction Rates on Building construction in work established in 8 CSR 30-3,040(2). Use Heavy Construction Rates on Highway and Heavy constructi construction work established In 8 CSR 30.3.040(3). the classifications of construction a -Vacation: Employees over 5 years - 8%, under 5 ars - 6% with the classifications of ANNUAL WAGE ORDER N0.16 3J09 REPLACEMENT PAGE PLATTE COUNTY OVERTIME SCHEDULE -BUILDING CONSTRUCTION FED: Minimum requirement per Fair Labor Standards Act means #ime and one-half (1 '/)shall be paid for all work in excess of forty {40) hours per work week. NO. 2: Means the maximum of eight (8) hours shall consiifuta a day's work beginning at 8:00 a.m. to 12:00 noon, 12:30 p.m. to 4;30 p.m. The maximum work week shall be forty (40} hours beginning Monday at 8:00 .m. and ending Friday at 430 p.m. because of traffic, parking or other circumstances, the hours of work on any pro t may be any continuous 8% hours period (8 hours of work plus 30 minutes for lunch) between 7:00 a.m, p.m. When circumstances warrant and when it is mutually beneficial and agreed to, the Employer ma ns r d ork week consisting of four (4) consecutive ten {10) hour days, between the hours of 7:00 a.m. and .Man y through Thursday, with one-half (%) hour allowed for a lunch period each day, Friday may be u as - eke-up day. After ten (10} hours In a workday, or forty (40} hours in a workweek, overtime shall be paid a of one and one-half (1%) times the regular rate of pay. Oved(me performed Monday through Saturdays a t the rate of one and one-half (11) times the regular rafe of pay. Sundays and recognized holidays shat a poi ih ouble (2} time rate of pay. Labor Day shall be paid at triple (3) time. Shift work may be perform of the tion of the Contractor. However, whenever shift work is performed it must cover a period not less th ( :c~onse ive working days. The day shift shall work a regular eight (8) hours shift as outlined above. Emp( e wo second shift shall receive an additional $0.25 above the regular hourly rate and perforn seven and o e-half (7 ` hours work for eight (8) hours pay. Third shift employees shall be paid an additional S0.5D above the re _ ar hour rate and work seven (7} hours for eight {8) hours pay. in the event a first shift is not required, a secondE d, bi shift employee shall receive an additional 15% of the base rafe and receive pay for actual hours worked. N0, 13: Means a regular workday shall consist of eight (8) hours tween _'00 a.m, and 4:30 p.m. Forty (40) hours, vdfhin five (5} days -- Monday through Friday inclusive - scons - e e regular workweek. The Employer may alter the above stated hours by two {2) hours for an early s ing time only, not to exceod eight (8) hours of work in any one day. When Job conditions dictate and as q 's ~~ the customer, the Employer shall be allowed to establish a four (4) day, ten (10) hour per day work ~ k. work week is defined as Monday through Thursday, with a Friday make-up day. The normal work day urn r - ( hour four (4) day work week shall be from 7:00 a.m. to 6:00 p.m., with a one hour starting variance. T~ke-u - of Friday shall be instituted for specific reasons such as loss of production due fo weather and/or ho aysou s worked In excess of ten (10} hours per day or forty (40) hours per week or hours worked outsid th ormal k week shall be paid at the applicable overtime rafe. The first four (4) hours of overtime after the nor o ch day Monday through Friday and the first ten (10) hours of overtime on Saturdays shall be paid ~`fi at an one-half (1Y) times the regular straight time rate of pay. All other work performed outside of the r ~iilarl sch ~ led working hours and outside of the first ten (10) hours worked on Saturdays shall be paid for at dou ~ , e regular straight time rate of pay. Sundays and the recognized holidays shall be paid for of double (2) t p~egu- traight time rafe of pay, if worked. When so elected by the contractor, multiple shifts of at least five (5 aye d rata =may be worked. When two (2) or three (3) shifts are worked: The first shift (day shift) shall be work een the hours of 8:00 a.m. and 4:30 p.m. Workmen on the °day shift° shall receive eight {8) hours pa ~ e ular hourly rate for eight (8} hours work. The second shift (swing shift) shall be worked between the ho of _ =and 12:30 a.m. Workmen on the °swing shift° shall receive eight (8) hours pay at the regular hourly rat plus 10° or seven and one-half (7'/=) hours work. The Third shift (graveyard shift) shall be worked between the ho of 12:3 a.m. and 8:00 a.m. Workmen on the °graveyard shift° shall receive eight (8) hours pay at the regular h r 5% for seven (7) hours work. A lunch period of thirty (30} minutes shall be allowed on each shift. All ove work required after the completion of a regular shift shall be paid at one and one-half (1'/) times the °shift,, - r N0.14: Mea~s~) hours per day shall constitute a day's work. The regular starting time shall be 8:00 a.m., and the re ar quitli ime shat( be 4:30 p.m.; lunch time shall be twelve (12} o'clock noon to 12:30 p.m. The regular starting r may, mutual consent of employees on the job site, and the employer, be between 7:00 a.m. and 9:00 a.m. with a to adjustments made to the regular quitting time and lunch time. All time worked before the regular starting time and after the regular quitting time, Monday through Friday, shall be paid at the rate of time and one-half (1Y). All work commencing with the beginning of the established work day on Saturday shall be paid at the rate of time and one-half (1%). Aii work commencing with the beginning of the established work day on Sundays and/or Holidays shall be paid at the rate of double (2) time, AW16 083 OT STIP.doc page t are pages REPLACEMENT PAGE PLATTE COUNTY OVERTIME SCHEDULE -BUILDING CONSTRUCTION NO. 17: Means the regular working day shall consist of eight (8) hours of labor beiwaen 7:00 a.m. and 3:30 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 weak. All full-time or part-time labor performed during such hours shall be recognized as regular working hours and paid for at the regular hourly rate. Except as othenvisa provided, all work performed outside of regular working hours during the regular work week, shall be at double (2j times the regul rate, Working hours may be varied by two (2} hours. When circumstances wanant and when it is mutually benefici and agreed to by interested parties, the Employer may institute a work week consisting of four (4) consecut L= O) hour days, be(vreen the hours of five (5) a.m. and six (6} p.m., Monday through Thursday, with one-half owed for a lunch period each day. Friday maybe used as a make-up day. The make-up day will be vo and a vision not Eo work may not beheld against the employee. When working four (4) ten (10} hour day . " ell will be paid at the time and one-half (1Y) rate for the eleventh (110') and twelfth {12s') hour, all other work i aid at the double (2} time rate of pay. The first two {2) hours of overtime, Monday through Friday, and th jg hours on Saturday shall beat time and one-half (1'/) for all work. All other overtime shalt be at doubt ) tim . h rst two (2) hours of overtime must ba wncurrent with the regular work day, two (2) hours prior to or f owing th . egular work day are at time and one-half (1%). The regular workday (as previously defined) on Saiur a aid ime and one-half (1Y). Work performed outside of the regular Saturday work day is at double (2) ~ A ~# performed on recognized holidays, or days locally observed as such, and Sundays shall be paid at th double ( time rate of pay. N0.25: Means regular working hours of eight (8} hours shall constitute a w i.between the hours of 8:00 a.m. to 4:30 p-m. in a forty (40) hour working week of Monday through Friday. Employment on Saturday, Sunday and legal holidays, and employment before or after the regular working urs shall be considered overtime. Employment on Saturday, Sunday and legal holidays shall be paid for at twice (2~regula ~ ouriy rate. Employment from 4:30 p.m. to 12:00 midnight, Monday through Friday, shall be paid fo at on ~~half (1'/z) times the regular hourly rate. From 12:00 midnight until8:OD a.m, on any day shall be pal . - ~ i the regular hourly rate. N0.26: Means thaE the regular working day shall const, of ei t(8)-hours worked between 6:00 a,m., and 5:00 p.m., five (5) days per week, Monday to Friday, inclusive~io f k at each jobsite shall be those establ(shed by the general contractor and worked by the majority r~edes.~~ above working hours may be changed by mutual agreement). Work perforated on Construction rk on S ur ys, Sundays and before and after the regular working day on Monday to Friday, inclusive, shall be via ;Pied as erfime, and paid for at double (2) the rate of single time. The employer may establish hours worked ~ ~f~ ,fp a four (4) ten (10) hour day vrork week at straight time pay for wnsfructlon work; the regular workin_ ay i consist of ten (10) hours worked consecutively, between 6:00 a.m. and 6:00 p.m., four (4) days per we - Mo ay~Thursday, inclusive. Any work performed on Friday, Saturday, Sunday and holidays, and before a e e regu~ar working day on Monday fo Thursday where a four {4) ten (10) hour day wgrkweek has been est ishe ill be paid at hvo times (2) the single time rate of pay. The rate of pay for ail work performed on holidays II b :at Imes (2) the single time rata of pay. NO. 30: Means Monday r - - day shall constitute the work week. Regular starting time shall be 8:00 A.M., except when the work a is'" e " ed as a week with starting time advanced or delayed, Staling Time may be advanced or delayed the em yer up to two (2) hours from the regular staling time. Eight (8) hours shall constitute the work day. II work rformed prior to or after the regular eight (8) hour work day, as described above, and all work perfor o ay shall be paid of time and one-half (1%) the regular rate. In the event that a scheduled eight (8) ho ork day is missed {not to include holidays) because of events out of the control of the contractor, the a - t vork day may be made up at straight time the follow(ng Saturday. It is recognized that not all employe - w g on a Saturday make-up day will have worked the same number of hours during the regular work week. fu recognized that any work after the forty (40) hours in a week must be paid at time and one- half (1' Satu make-up day shall not be used to make up for time lost due to recognized holidays. The employe y est lish a 4-10's schedule on projects (4 days with 10 hours per day). If using a 4-10's schedule, a Friday mak y is allowed. If using a 4 (10) schedule, any work more than ten (10} hours in a day or forty (40) hours in a work week shall be paid at the lime and one-half {7'/) rate. Friday make-up day shall not be used io make up for time lost due to recognized holidays. Alf work performed on Sundays or holidays shall ba paid at the double (2) time rate. AW16 083 OT STIP.doc Page 2 oi6 Pages REPLACEMENT PAGE PLATTE COUNTY OVERTIME SCHEDULE -BUILDING CONSTRUCTION N0. 37: The Employer may choose, at his discretion, to work fwe eight hour days or four ten hour days with a Fdday make-up day, Monday through Frfday at straight time. Overtime shall be paid after eight (8) hours when working °five eights' and after ten hours when working °four tens'. All work performed on Sundays and recognized holidays shall be paid for at the rate of double (2) time. All Saturday work shall be paid for at the rate of time and one-half {1'/) the regular wage rate. All night work during the regular work week other than the above-mentioned days hall be paid for at the rate of time and one-half (i%s) the regular wage scale unfit midnight and double (2) time after idnight except make-up time will be allowed under the following condition: In the event of inclement tveath erior protects which prevents working the full regular eight (8) hour day, foray (40) hour work week schedul a a make-up day can be granted. Then said work on Saturday shall be paid at the straight time rate of p a maxi m total of forty (40) hours per week. NO, 46: Means eight (8} hours shall constitute a day's work, beginning at 8:00 a. _ eat 4:30 p.m. The regularwork week shall be forty (40} hours, beginning Monday, 8:00 a.m. and ends at 4: riday. Because of traffic, parking and other circumstances, the hours of work on any project may b n as ea as 6:00 a.m. with eight (8) hours worked between 6:00 a.m. and 4:30 p.m. When circumstances war an d wh " it Is mutually beneficial and agreed to, the employer may institute a work week consisting of four (4 ecu tv>~Sar (10) hour days, between the hours of 7:00 a,m. and 6:OD p.m., Monday through Thursday. Friday . ay be u ' as a make-up day. After ten (10) hours in a workday, or forty (40) hours in a workweek, overtime shall paid a rate of one and one-half (1'/) times the regular rate of pay. All overtime Monday through Saturday shall be a rata of time and one-half (1%) the regular rate of pay. Sunday and recognized holidays shall be paid at double )Elms. Labor Day shall be pa(d at triple (3} time. Shift work may be performed at the option o~~,,the Contractor. However, whenever shift work is performed it must cover a period not less than (5} wnsecutive v~o' I g day The day shift shalt work a regular eight (8) hours shift as outlined above. The hourly rate for seco d shift s ~ er hd one-half hours worked for eight hours paid) shall be twenty-five cents ($0.25) over and above th ` ~ tat he hourly rate for third shift (seven hours worked, eight hours paid) shall be fifty cents ($0.50} above t h~te. If no first shift is worked, second and third shift employees shall receive an additional fifteen pe"rg~nt ( o) over and above the hourly rate for actual hours worked. ~ NO. A6: Means the regular work day shall beight (8) out from 6:00 a.m. to 6; 30 p.m. Starting time may be between 6:00 a.m. and 10:00 a.rfr. The reg tar rk tvee _ hall be forty (40) hours, beginning between 6:00 a.m. and 10:00 a.m. on Monday and ending beiween0~ ,.a :30 p.m. on Friday, All hours in excess of the regular work day and work week shall be consider ` ov~t~e,. vertime on days recognized as regular work days and on Saturday shall be paid for at the rate e d ortc~,half (1%) the regular rate. Sunday and recognized holidays shall be paid for at the rate of double time - rme worked. The Employer may establish a work week consisting of four (4) days, Monday through Thurs - y, a ,day consisting of ten {10) hours at straight time rate of pay. The 4-10's must run for a period of at least f=" r (q~day ::_ NO. 48: Means the regu a[I,s~ cli led work week shall be five (5} consecutive days, Monday through Friday or Tuesday through Satur ~ . Ef 8 outs shall constitute a day's work. Starting Elms shall not be earlier than 7:00 a.m. nor later than 10:0 a.m. Fo (40) hours shall constitute a week's work Overtime at the rate of time and one- half (1 Y) v~iil ba pat. fo I work ' excess of forty (40) hours in any one work week. On the Monday through Friday schedule, all work p e _- - aturday will be time and one-half (1'/x) unless time has bean Lost during the week, in tvhich case Saturday w _ a make up day to the extent of the lost time. On the Tuesday through Saturday schedule, all work perfo a°~NI'o ,~y will be time and one-half (1'/) unless lime has been lost during the week, in which case Monday will a e-up day to the extent of the lost time. Any work performed on Sunday will ba double (2) time. If employees wor - n of the recognized holidays, they shall be paid time and one-half {1%) their regular rate of pay for all hours work €t. N0. 50: Fh'tght (8} hours constitute a normal day's work Monday through Friday. Any time worked over eight (8) hours will normally be paid at time and one-half (1'/) except for exclusions slated in some following additional sentences. The Employer, at his discretion, may start the work day between 8:00 a.m. and 9:00 a.m. Any schedule chosen shat! be started at the beginning of the work week (Monday) and used for at least five days. Work may be scheduled on a four (4) days a week (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- haif (1%) shall be paid for any work in excess of eight {8) hours in any regular work day Monday through Friday unless working 4-10's, then time and one-half (1Y) after ten (10) hours. All work performed on Saturdayv/ill be time and one- half (1%z). Double (2) time shall be paid for all work on Sundays and recognized holidays. AW16 083 OT STIP.doc page 3 of s Feges REPLACEMENT PAGE PLATTE COUNTY OVERTIME SCHEDULE -BUILDING CONSTRUCTION N0.62: Means the regularworkweek shall consist of frve {5) eight (8} hour days, Monday through Friday. The regular workday shall consist of a eight (8) 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 a.m. and 8:00 a.m. The option exists for the employer to use a four (4} day, ten (10) hour work week. Days worked shall be Monday through Thursday or Tuesday through Friday. If the job requires men on duty all five {5) days, then art of the crew may work the first four (4) days and the remainder of the craw may work the last four (4) days. Hour ach day shall be from 7:00 a.m. to 5:30 p.m. Interested party's on the project must agree to this clause b ay be used. Once this clause has been put into eNect, it shall remain as long as the majority of the Emplo es o roject and the Employer agree.to keep it. The four (4) day clause shall not be used to circumv oliday. ~ xcept as othenuise provided, all work performed outside the regular working hours and performed ng t regular work week (Monday through Friday} shall be at the following rates of pay: Holidavs-New Year's Day, Memorial Day, Independence Day, Thanksgivi _ ~ 'slmas Day (or days observed as such} shall be recognized as Hol(days that shall be paid at fivo (2) t(m e rem r s of pay. Labor Dav-No work shall be performed on Labor Day except in special cas of eme ency. Rate of pay shall be at three (3}times the regular rata of pay. Overtime-Work performed outside of the regular work day {the reg ork all consist of an eight (8) hour period, to be worked behveen the agreed upon starting time, and a ing not I- er than q:30 p.m. The agreed upon starting time shall be any time between the hours of 6:00 a,m. and 8: a,m., by ufuai consent of the interested party's.), shall be: ~~,,,~ A. Hours worked Monday through Friday, the first two (2) hours of overTfime veil be paid at time and one•half (1Y::}. All other overtime will be paid at the double (2 time rate. B. The first ten (10} hours worked on Saturday will be at time nd one-half (1'/), with all other hours to be paid at the double (2) time rate. C. Sundays and Holidays (except Labor Day} shal~aat double (2} time rate. N0. 57: Means eight (8) hours per day shall constitut"' da~~ork and forty (90) hours per week, Monday through Friday, shall constitute a weeKs work. The regular s a~f' ti shall be 8:00 a.m. The above may be changed by mutual consent of authorized personnel. Wh =~-cums n s warrant, the Employer may change the regular workweek to four {4) ten-hour days at the re :tar tim ate of pay, it being understood that all other pertinent information must be adjusted accordingly. Ajl ti worked efore and after the established workday of eight (8) hours, Monday Through Friday, al( time worked o to -5, f be paid at the rate of time and one-half (1%) except (n cases where work Is part of an employees re r i Fn ey shift. All time 4vorked on Sunday and recognized holidays shall be paid at the double (2) time rat~# paw NO. 68: Means eight (8) consecif t~ce h between 6:00 a.m. and 5:30 p.m., shall constitute a days work, Five (6) days work, Monday through Fri_ , s it cort itute a normal work week. Work performed in excess of eight (8) hours per day or eight hours beyon .o startle time for that project excluding lunch Monday through Friday, and all work performed on Saturd ._ - ha / paid for the rate of time and one-half (1'/z). When Sundays and recognized holidays are worked, th ' o ~ s be paid at the rate of double (2} time. Work may be scheduled on a four (4) days a week (Monday i' ough Th sday) at ten (10} hours a day schedule at straight time. A Friday make-up day is available if time is I st f to incl ent weather and at least sixteen (18) hours, but not more than thirty (30) hours, were worked durincaw :tom-- - N0.63: Mea ~ furs shall constitute the regular work day between time that may be advanced or delayed by two {2} h~ rs either side of 8:00 AM. The Employer may establish a work week consisting of four {4) days, Monday throw- h ' ay, each day consisting of ten (10) hours straight time. The four (4) tens (10s) must mn for a period at Teas ur 4) days, Monday through Thursday. AiI work on Friday on a four {4) tens (10) project will be paid at to of - e and one-half (1 %). All work performed on Saturday shall be paid at time and one-half {1%). All work perfo 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 (10) hour work day, as described above shall be paid at time and one- half (1'/:)the regular rate. AW16 083 OT STIP.doc Page A of 6 Pages REPLACEMENiPAGE PLATTE COUNTY OVERTIME SCHEDULE -BUILDING CONSTRUCTION N0.65: 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 three and ono-half (3%) and five (5) hours after starting t(me. The starting time may be advanced by Iwo (2) hours or delayed one (1) hour by the employer from the regular starting time. All work performed before the advanced starting time and during the half hour lunch shall be paid at the overtime rate of time and one-half (1Y}. Work performed outside these hours shall be paid at the overtime rate of time a one-half (1'/}, except as provided otherwise below. All work performed on Sundays or recognized holidays shat a pa(d at the double (2) time rate. When the start time Is delayed past 9:00 a.m., the employee's pay shell st 0 a.m. and all time, after the normal quitting time (5:30 p.m.), shall be paid at the overtime rate. Eight (8) h rs s stitute the work day. Ali work performed prior to or after the regular eight (8) hour work day, as des b _ Bove, a d all work performed on Saturday shall be paid of time and one-halt (1'/z) the regular rate. in the av that scheduled eight (8) hour work day is missed {not including recognized holidays) because of Inclement tveathe , at missed work day may be made up at straight time on the following Saturday. It is recognized that - t e oyees working on a Saturday make-up day will have worked the same number of hours during th egula .or eek. It is further recognized fhat any worts after forty (40) hours must be paid at time and one-half (::}. The ployer may establish a 4-10's schedule on projects (4 days with 10 hours per day at sfraighf time}. In or fo us - e 4-10's schedule, the employer must schedule the 4-10's for a minimum of one (1) week. If usin~0's q e, a Friday make-up day is allowed. ~ N0.68: Means Monday through Sunday shall constitute the work week, Re~~j~st«` ding time shat[ be 8:00 a,m., with one half hour for lunch between three and one-half and five hours after starT`nY~gg ftme. The starting time may be advanced or delayed by the employer up to one hour from the egular starting time. All work performed before the advance starting time and during the half hour lunch shall be poi A e overtfi~rre rate of time and one-half (1Y). Work performed outside these hours shall be paid at the overt a rate ti : ~ and one-half (1 %), except as provided otherwise below. All work performed on Sundays or holida~~ 1- e p at the double (2) time rate. Eight (8) hours shall constitute the work day. All work performed prior too ft _. regular eight {8) hour work day, as described above, and all work performed on Saturday shall b~ old me and one-half (1'/z) the regular cafe, except as hereinafter described. in the avant that a scheduled erg,-k- (8 our work day Is missed (noE including recognized hoildays) because of Inclement weather, then th rs ed v~'" ay may be made up at straight time on the Saturday to the week of the pay period. It is recognized at not a tiemloyees working on a Saturday make-up day will have worked the same number of hours during th re arwor eek. it is further recognized that any work after forty (40) hours must be paid at lime and one-half (1' h 1 r may establish a 4-10's schedule on projects (4 days with 10 hours per day at straight time). In o ..,r to ` ,the - -10's schedule, the employer must schedule the 4-10's for a minimum of one (1) week. If using a 4~s sire u a Friday make-up day is allowed. NO. 85; Means the work week II ~nday through Sunday. Eight (8) hours shall constitute a day's work to begin behveen 6:00 a.m. and 9' ° a,~~j an ltd between 2:30 p.m. to 5;30 p.m. Employees required to work during their lunch period shall receive oti~rtime rate. Employees shall receive time and one-half (1'/} for all time they are required fo work prior to t ~i~r~o ~a starting time or alter eight (8) hours or normal quilting time Monday through Friday, or alt day on Sa ay. n - pioyer has started the work week on a flue day, eight hours a day schedule, and duo to inclement w ther mis s any time, then he may switch to a nine or tan hours a day schedule, at straight time, for the remain er hat wo 'week (n order to make up for the lost time (10-hour make-up day). All work over ten (10) hours a da o - AO) hours a week must be paid at time & one-Ralf (1'/:). Sundays and recognized hoildays shall be_ old a oub[e (2) time rate of pay. A contractor may alter the regular work week to four (4) ten (10) hour days far a rate of pay. To do this the scheduled 4-10's must be worked at least one ful(week and the regular shall be Monday through Thursday with Friday being amake-up day at straight time for days missed In the ul orkweek due to inclement weather. If 5-8's are being worked, Saturday may be used as a make-day at s gh time if inclement weather prevents work during the normal work weak. AW16 083 OT STIP.doc page 5 of 6 Pages REpLACEMENTPAGE PLATTE COUNTY OVERTIME SCHEDULE -BUILDING CONSTRUCTION NO. 88: Means the regular work week shall consist of five (5} eight (8) hour days, 8:00 a.m. to 4:30 p.m., Monday through Friday, except when the work week is scheduled as a 4-10's week or as a weak with start time advanced or delayed as described below. The starling time may be advanced or delayed by one hour an either side of 8:00 a.m. The advanced or delayed stading lime must run for a period of at (east five (5) days. The Employer may estabiish a work week consisting of four (4) days, during the regular work week, each day consisting of ten (10) ours at straight time. Ths 4-10's must run for a period of at least four (4) days. Time and one-half (1'/) shall be poi or any work in excess of eight ($) hours to any regular work day Monday through Friday (or ten hours in a 4-10' the first eight (8) hours of a Saturday, and it shall be at time and one-half (1%) for the Friday and Saturday owr nksgiving. Double (2) time shall ba paid for the following time worked on Sunday, New Year's Day, Me_ ay, Fo h of July, Labor Day, Thanksgiving Day and Christmas Day, as well as any work in excess of eight hou on a Saturday and the Saturday of athree-day weekend{except the Saturday following Thanksgiving). _ N0.95: Means a regular workday shall consist of eight and one-half ($%) hours el sed ti~ in0ding one-half hour for lunch. The crew starting times shall be flexible within the period of daylight fo 0 a.m. _• y work performed over ten {10) hours of elapsed time per day including one-half hour for lunch andl r a work rformed over forty (40} hours at the straight time rate in one week shall be paid at time and ono'/: _ fight time rate. Saturday shall be a voluntary make-up day at straight time at the discretion oft - contra rand with the consent of the employees. Sunday and recognized holidays shall be paid for at double {2) _tne. NO. 100: Means eight (8} hours shall constitute a day's work, and five (5} coattnn~OUS eight-hour days shall constitute a week's work, Monday through Friday. Time and ono-half (1') the regular hourly rate shall be paid for ail work performed in excess of eight (8) hours in any one day or forty hours . any one weak. Slatting lime shall ba between 6:00 a.m. and 9:00 a.m. All work over eight (8} ours in e r 5-day 8-hour schedule shall be at the appropriate overtime rate. Ail time worked before the regu u farting time shall be paid for at the rate of time and one-half (1'/) and shall not apply to regular shift. A --'~~~ed after eight (8) hours in any one day or after 5:30 p.m., whichever comes first, shalt be paid at the e a ne-half (1'/z) rate. An Employer, at h(s option, may elect to work four {4) ten (10) hour days, Monday t u u ay, at straight time. All such work must be done at least one week in duration. Alf work over ten ours~n day or foray (46) hours in a week shall be at the overtime rata. Any employee who is schedul fo wortf on any regular work day but is prevented from working because of weather conditions, shall be perrnitt to work _- Saturday (Friday if working 4-10's) as a make-up day at the straight time rate of pay. When an emp e d to work on any recognized holiday they shall receive the double (2} time rate for all time that they. ere e o perform work. All time worked from 12:00 Midnight Saturday to 12:00 Mtdntght Sunday shall be paae r t f double {2) time on single shift. ~`~~~~~ AW16 083 OT STIP.doc Page a of 6 [}ages REPLACEMENT PAGE PLATTE COUNTY HOL[DAY SCHEDULE -BUILDING CONSTRUCTION N0.2: All work performed on New Years Day, Memodal Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, or the days observed as such, shall be paid at the double time rate of pay. N0.4:All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgivln and Chdstmas pay shall be paid at the double time rate of pay. If any of the above holidays fall on Sund Monday will be observed as the recognized holiday. If any of the above holidays fall on Saturday, Frtday will be o erved as the recognized holiday. N0.7: All work done on Naw Year's Day, Memorial Day, Independence Day, Labor Day, V ra Day, Thanksgiving Day, and Christmas Day shall be paid at the double time rate of pay. if a h ay f on a Sunday, it shall be observed on the following Monday. If a holiday falls on a Saturday, it shall be obs on the preceding Friday. N0.22: All work performed on New Years Day, Memorial Day, Independence D .Labor Thanksgiving Day, Chrtstmas Day, or days locally observed as such, and Sunday shall be recog ' , d olid . If a holiday falls on Saturday, Friday shall be observed; if it falls on Sunday, Monday shall be o~ir ed. err' performed on holidays shall be paid at the double (2) time rafe of pay. N0.32: All work performed for the Friday and Saturday following Thanksgivr ~. ~e paid at the time and one-half (1%) rate of pay. All work performed on Sundays, New Years Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day shall be paid at the doubt -~ 2} time rate of pay. When one of the above holidays falls on Sunday, the following Monday shall be observe `° ~ whe erne of the above holidays falls on Saturday, the preceding Friday shall be observed. - N0.33: All work done on New Year's bay, Memorial ay, F ,Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. Labor Da all b .aid at the triple (3) time rate of pay. If the holiday falls on Sunday, the following Monday will be obset~~i; i h ay falls on Saturday, the preceding Friday will be observed. A - N0.39: No work shall be done on the lotto ng ddays: ew Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas. n th ~ ~ itlays falling on Sunday, the following Monday shall be a holiday, and any of ihese Irolldays fall( n Sa ay, the preceding Friday shall be a holiday. N0.49: The following days shall b,,~~ o d as legal holidays: New Year's Day, Decoration Day, July 4th, Labor Day, Thanksgiving Day, Christmas~bay, - ._ loyee's birthday and two (2) personal days. The observance of one (1) of the personal days to be IIm1 to (~~ tim eiween December 1 and March 1 of the following year. (f any of these holidays fall on Sunday, the fo k~ Monday will be observed as the holiday and (f any of these holidays fall on Saturday, the preceding F 1~ observed as the holiday. if employees work on any of these holidays they shall be paid time & onalf (~°~ h egular rate of pay for all hours worked. N0.53: All work d' a ew ar's Day, Memorial Day, Independence Day, Thanksgiving Day, Christmas Day or days observed as h ese holidays shall be paid at the double (2j time rate of pay. No work shall be performed on cept In special cases of emergency, and then the rate of pay shall be at three (3) limes the, ~r ~u,~ too a . When a holiday falls on a Sunday, the following Monday shall be observed as the holiday. """`~ ay falls on Saturday, the preceding Friday shall be observed as the holiday. N0.5 ~ II work ~ rformed on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgr r D the Friday after Thanksgiving Day, and Christmas Day shall be paid at the double (2) time rate of pay. When rday falls on Saturday, it shall be observed on Friday. When a holiday falls on Sunday, it shall be observed on Monday, ANNUAL WAGE ORDER NO. 16 AW016 083 BHoI STIP.tloc Page 1 of 2 Pages REPLACEMENT PAGE PLATTE COUNTY HOLIDAY SCHEDULE -BUILDING CONSTRUCTION N0.87: All work performed on New Year's Day, Memorial Day, Christmas Day, Fourth of July and Thanksgiving bay, from midnight to midnight, shall be paid for at the rate of double time (2) the basic rate of pay if required io work in addition fo any other pay otherwise required hereunder as holiday pay. Positively no work shall be performed on Labor Day. Martin Luther King's Birthday, Veteran's Day, and the day after Thanksgiving Day shall b considered optional holidays, and If the Employer and employees agree chat work will be performed on that day, premium pay will be required. Should any of the above holidays fall on Saturday, the holiday will be observed o Fdday. Should any of the above holidays fall on Sunday, the holiday will be observed on Monday. N0.68: AI! work performed on New Yeats pay, Decoration Day (Memorial Day), Inde~ Day ( urth of July), Labor Day, Thanksgiving Day, Christmas Day, or days observed as such, shall b aid he rate of double (2) time. When a holiday falls on a Saturday, Friday shall be observed. When a holiday n a Sunday, Monday shall be observed. No work shall be performed on the Fourth of July or L p{ to save life or property. Where one of the holidays specified falls or is observed during the wor veek,~ n ~tTwork pefformed over and above thirty-two (32) hours in that week shall be paid at the rate of #imend one- If (1'/). N0.72: Ail work performed on New Years Day, Memor(ai Day (last Mond . n` ay X.~68 endence Day, Labor Day, Thanksgiving Day and Christmas Day shall be paid for at double (2) regulatraight time rate of pay. Any one of the above listed holidays falling on Sunday shall be observed on th ~ ~ Ilowing onday and paid for at double (2) the regular straight time rate of pay, if worked. Any one of the above lisle ' _ 1i _ s falling on Saturday shall be observed on the prior Friday and paid for at doubte (2) the regular straight time ra a of pay, if worked. No work shall be performed on Labor Day except in case of emergency. ~.w.~ `~ .. ~_~ ANNUAL WAGE ORDER NO. 16 AW016 083 BHOI STIP.doc Page 2 of 2 Peges Heavy Construction Rates for REPLACEMENT PAGE P(ATiE County Section 083 000UPATIONAL TITLE E ec the Date of Increase Bas c Hourly Rates ver- Time Schedule Holiday Schedule Total Fringe Benefits CARPENTER Journe men 4/09 $33.30 1 17 $13.25 Millwri ht 4/09 $33.30 1 17 ,~ .___ $13.25 Pile Driver Worker 4109 $33.30 1 17 3.25 OPERATING ENGINEER Grou t $31.09 3 2 ~ $12.87 Grou II $30.05 3 $12.87 Grou 111 $30.05 3 2 $12.87 Grou IV $25.58 3 p. . ~ $12.87 Oiler-Driver $28.93 3 $12.87 CEMENT MASON $24.02 3 $16.38 LABORER General Laborer $26.03 ~ 3 2 $11.14 Skilled Laborer $27.2-sue 2 $11.14 TRUCK DRIVER-TEAMSTER Grou I 1 3 2 $10.65 Grou It `" x$28. - 3 2 $10.65 Grou ill $2 21~ 3 2 $10.65 Grou IV ~ $ -.21 3 2 $10.65 Use Heavy Construction Rates on construction work established in 8 Use Building Construction work established in 8 CSR If a worker is performingL Heavy Construction Rate favy construction In accordance with the classifications of construction in accordance with the classifications of construction ~ construction project within an occupational title that is not listed on the rate for that occupational title as shown on the Building Construction Rate sheef. 'Annual Incremental Increase ANNUAL WAGE ORDER N0.16 6/09 PLATTE COUNTY OVERTIME SCHEDULE -HEAVY CONSTRUCTION FED: Minimum requirement per Fair Labor Standards Act means time and one-half (1 %) shall be paid for all work in excess of forty (q0) hours per work week. N0.1: Means (8j hours shall constitute the regular work day between time that may ba advanced or delayed by hvo (2) hours on either side of 8:00 AM. The Employer may establish a work week consisting of four (4} days, Monday through Thursday, each day consisting often (10) hours straight time The four (4) tens (10s) must run for a period of at least four (4) days, Monday through Thursday. All wo on Friday on a four (4) tens (10} project will be paid at the rate of time and one-half (1'/z). All rformec on Saturday shall be paid at time and one-half (1'/~). All work performed on Sundays an rec holidays musf be paid at double (2) time. All work performed prior to or aRer fhe reg re t (8) ho` work day, or ten (10j hour work day, as described above shall be paid at time and -hal %) the regular rate. N0.3: Means a regular work week shall consist of not more than foray (40) rs o k amend elf work performed over and above ten (10) hours per day or forty (40) hours per we .shall be aid at the rate of time & one-half (1%). Workers shall receive time and one-half (1Y) for all w erfor don Sundays and recognized holidays. Double (2) time shall be paid for work perfo don ~ °s or recognized holidays when and only if any other craft employees of the same em over at rk on that same job site are receiving double (2) time pay for that Sunday or Holiday work. A ork day to begin between 6:00 a.m. and 9:00 a.m. at the option of the Employer except when Incleme e r or other conditions beyond the reasonable control of the Employer prevents work, in which a ,the starting time may be delayed, but not later Phan 12:00 noon. Where one of the r_ cognized holidays falls or is observed during the work week, then all work performed over and above thi o (32j ours in That weak shall be paid at the rate of time and one-half (1Y). - ,.~~ . ~~_ > ANNUAL WAGE ORDER NO. 18 AVJ016 083 HOT.doc ~ page 1 of 1 PLATTE COUNTY HOLIDAY SCHEDULE --HEAVY CONSTRUCTION N0.2: All 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 sfiall 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 craft employees of fhe same employer at work 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 Frida shall be observed; when the holiday falls on a Sunday, the following Monday shall be observed. Where one oft a specified holidays falls or is observed during fhe work week, then all work performed over and above thirty- o hours in that week shall be paid at the rate of time and one-half (1%:}. N0.17: All work performed on New Years Day, Decoration Day (Memorial Day), Indepen ce D (Fourth of July), Labor Day; Thanksg(ving Day, Christmas Day, or days observed as such, shall be paid at tfi f double (2) time. When a holiday fails on a Saturday, Friday shall be observed. When a holiday falls on - d_ .. onday shall be observed. No work shall be performed on the Fourth of July or Labor Day except to a life , pr Perty. Where one of the holidays spec(fied fails or is observed during the work week, than all work pertor ed over d above thirty-iwo (32) hours in that week shall be paid at the rate of lima and one-half (1'/z). ?y ~. - ~~ ~~~;._ ~~ ~ d ~~`, ~~~ Av~rots 033 HHol.doc ANNUAL WAGE ORDER N0, 16 Page t of t ouTSmE ELECTRrcrAN These rates are to be used for the following counties: Bates, Benton, Carroll, Cass, Clay, Henry, Jackson, Johnson, Lafayette, Pettis, Platte, Ray d Saline COlV1MERCiAL WORK Occu ational Title Basic [ Hour[ _ e Rata -ne is Journe man Lineman $36.19 ~5 +34% Lineman0 erator $33.77 = $4,75+34% GI•oundman $23.98 $4.75 +34% UTIIdTI' W Occu ational Title Ba ~ ~~ Total ~ourl Frin e e Benefits Journe man Lineman Lineman 0 erator $3 = 5 ~, $ ,92 $4.75 + 34% $4:75 + 34% Groundman 1.56 $4.75+34% OVERTIME RATE: Ei '(8 h " _ of work behveen the hours of 8:00 a.m. and 4:30 p.m. shalt constitute a work day. F . hou within the five (5) days, Monday through Friday hrclusive, shall constitute the tvo ~ .Starting time maybe adjusted not to exceed two (2) hoots. Work performed outsid fthe re ' nfioned will be paid atthe applicable overtime rate. When starting time has been adj ted, all er provisions concerning the work day shall be adjusted accordingly. The overtim to .~ a 1 be one and one-half (1%z) times the regular rate ofwages, other than on Sundays, ho s fiom Midnight until 6:00 a.m., which will be paid at double (2) the straightf _ _ -__ HOLm~ E; Work performed on New Year's Day, Memorial Day, Fourth of July, Labor DR Th 'ving Day, Cluistmas Day, or days celebrated as such, shall be paid at the double time rat the holiday falls on Sahlyday, it will be observed on Friday; ifthe holiday falls on Sunday, t Jwill be observed on Monday, and shall be paid for at double (2) the regular staaight time rate ofpay. ANNUAL WAGE ORDER NO. 16 3Pov KCZONE i AN16.doe