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HomeMy WebLinkAboutRes.2880-03-02-2015BILL NO. 15-38 RESOLUTION NO A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH KCI CONSTRUCTION COMPANY, INC., FOR THE CONSTRUCTION OF CAPE SPLASH PHASE 1, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Contract with KCI Construction Company, Inc., for the construction of the Cape Splash Phase 1 improvements, in the City of Cape Girardeau, Missouri. The Agreement shall be in substantially the form attached hereto as Exhibit "A", which document is hereby approved by the City Council, and incorporated herein by reference, with succhanges therein as shall be approved by the officers of the City executing the same. PASSED AND ADOPTED THIS ATTEST: 4, V0 t! l Gay L. Conrad, City Clerk DAY OF , 2015. H ry E. Aediger, Mayor � '- w CITY OF CAPE GlRARDEAU Cape Splash Expansion - Sife Support Package STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR flN THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the �-�day of �����, .� �?''. -� in the year 2015 by and between the City of Cape Girardeau, Missouri hereinafter cailed OWNER) and KCI Construction Company,���. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as foilows: Article 1. WORK. CONTRACTOR shall complete al! Work as specified or indicated in the Contract Documents. The Work is generally described as foilows: the installation of site support facilities and structural fou�dations for the new watersiides being furnished and installed on the work by the slides manufacturer. The work includes slide foundations, earthwork,concrete walks and decks,stairs, modification and extension of storm sewers, some pool-related systems and piping, some electrical work and any other related construction items as stated in the Specifications or shown on the Project ' Plans prepared by Markey and Associates, Inc. and dated February 18, 2415 as weil as Project installation details and specifications prepared by Whitewater West industries,Ltd. dated November 14, 2014 (rev. Jan. 5, 2015) for the City of Cape Girardeau, Missouri. The Whitewater Industries documents are incorporated by refierence into the Project Plans. The work consists of a Part 1 that relates only to the new waterslides and a Part 2 that relates to new pool decking inside the perimeter of the existing lazy river with new bridges, stairs, and ramps fo� access thereto. Article 2. ENGINEER. The City Engineer or his designee is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES. 3.1 The work of PART 1 will be substantially completed within 120 calendar days after the date when the Contract Times commence to run as provided in paragraph 2.3 of the ' A-1 ,� ; � I i ~ j CiTY �F CAPE GlR�RDEAU Cape S,alash Fxpansion — Sife Support Packaye ; STANDARD �ORM OF AGREEMENT �� gETWEEN QWNER AND CONTRACTOR ' ' ON THE BAS1S OF A STiPULATED PR1C� i (u1 in the year THlS AGREEMEIVT is dated as ofi the day of �re;na er called OWNER) 2015 by and between the City of Cape rardeau, Missouri ( , and KCI C�nstruction Company, lnc. (hereinafter cailed CONTRACTOP). � OU�/NER and CON�f RACTOR, in co�sideration of tf��e mu#uai covenants hereinafter set forth, agree as fo(lows: Article '1. WORK. � I CONTRACTOR shall complete a!! Work as specified or indicated in the Contract Documents. Tne U�ork is generally described as follows: the ins#allation of sit� suppo�t facilities and structural r"oundations for the new watersfides being furnished an � insta(led on the v+iorl� by the slides manufacturer. T?-�e work inciudes slide foundations, e�rthwork, concrete wafks and decks, stairs, modification and extension of storm sewers, s�me pool-related systems and piping, some electrica! work and any other related constr�action items as stated in the Specificatians or shown on the P Poject Pians prepared by f�i{arkey and Associates, Inc. an d d a t e d F e b r�a a ry 1 8, 2�1 5 a s w.,l! a s Praject instaliation details an d speciTications prepared by White��vater West !ndustries, Ltd. dated November 1�, 2014 (rev. Jan. 5, 2015) for the City of Cape Girardeau, Missouri. The Whitewater lndustries documents are incorporated by reference into the Project Plans. The work consists �f a Part 1 that relates anly to the new watersiides and a Part 2 that relates to new pool decking inside the perirneter of the existing lazy river with new bridges, stairs, and ramps f r access thereto. Article 2. ENGINE�R. The City Engineer or his designee is to act as OWNER'S representative, assume all duties and responsibilitiesi and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. : Arfiic(e 3. CONTR�4CT T(MES. � 3.1 The work of PART 1 wifl be substantiafly compfeted within 120 ca(endar days after the date when the Contract Times cammence to run as provided in paragraph 2.3 of the General Condition�, and completeddtons wahin�r 1150I days after the date when the paragraph 14.13 of;the General Co � � A-� i ; . i �,I 4 Contract Times commence to rur�. However, fhe crit;cal pararneters for�he schedule cf the i/�lork is for triis Site Support Package contractor ta be ahead of the insiallation work for the Waters(ides by the 1Nhitewater West industries instaliation sub-contractor. The prajec#ed schedule far that wo;rk (and any updates thereto) is made a part ofi this Agreement_ Any delays in the installaticn subcontrac tor's access, perfarmance, or completion of their work that is attributable �o the Site Support Package contractor wii! be considered in the assessrnent of liquid�ated damages. 3.2 Liquidated �amages. 01tVNER and CONTRACTOR recogn+ze that time is of the essence of this Agreemen� and that OWNER wili suffer financial loss if the Work is not completed within th�times specified in paragraph 3.1 above, plus any extensions thereof ailowed in accordance wi�h Ar�icle 12 of the General Conditions. They also recognize the delays, expense an� di�cuities involved in proving the actuai loss suf�ered by QWNER if the UVork is not coriipeted an time. Accordingiy, instead of requiring any such proof, OWNER and CON�(gACT�R agree that as liquidaied damages for delay (but not as a penalty} CONTRP,CTOP.shafl pay OWNER Five Hundred dol(ars$500.00 for each daythat expires afterthe t�me specified in paragraph 3.1 #ar Substantial Completion un#il the Work is substantially complete or a deiay in the commissioning of the new waterslides that is attributable to the �ite Support Package contractor. After Substantiai Completion, if CONTRACTOR sh�ll neg!ect, refuse or faii to comp{efe the remaining Work within the�ime specified in paragraph 3.1 for completion and readiness for finaf payment or any proper e�ension thereof gr;anted by OWNER, CONTRACTOR shall pay OWNER Five Hundred dollats $5Q0.00 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for finai payment. I hrticle 4. CONTRACT PR10E. OWNER shall pay ICONTRACTOR for completion of the Work in accord thc�e �itQ�t�he Contract Documents an amount in current funds equa! to the sum o determined pursuarit to paragraphs 4.1 and 4.2 below: i �.2 For PART 1 WQrk, the LUMP SUM amount of: � ($428,022.00) Four hundred twent '.ei ht thousand twent -two Do(lars ! If rock (as defined in the specifications and as approved by the City is encountered and excavated, the conyract amount wili increase at the rate of �125.00 per cubic yard. 4.2 The City has th� Option, at it's sole discretion, to add ART 2 Work, at the add t o bal City Counci( ac tion ;n o t l a t e r t h a n S e p t e m b e r 8, 2 Q 1 5 f o r P LUMP SUM amount of: Two hundred fift -one thousand, three hundred sixt -nine Dotlars {$251,369.00) Article 5. PAYNIE �NT PROCEDURES. A-2 � � ; , CONTRACTOR shal! su�mit Applications for Payment in accordance with Article 14 ef the Gen�ral Conditions': Applications for Pa��mant will be processed by ENGiNEER as provided in the General Conditions. 5.1 Progress payments; Refainage. OWNER shall make progress payments on account of the Contract Pri�e on the basis of CONTRACTOR'S Application for Payment as recommended by E��lGiNEER, on or about the 10th day of each m�nth during construction as provided in para�raphs 5.1.1 and 5.1.2 below. Ali such payments will be measured by the schedule of values estabiished in paragraph 2.9 of the General Gonditions (and in the case of Unit Price U�ork based on the number of units complefed) or, in the event fhere is no schedule of values, as provided in the General Requirements. �.3.1 Prior to Subst�ntiai Completion, progress payments will be made in an amflunt equal to the percentage indicafed below, but, in each case, less the aggregate of paymerts previously made an�i (ess such amounts as ENGINEER shall determine; ar OWNER may withhold, in accordance with paragraph 14.7 ofi the General Conditions. i 95% of Wor1c completed (with the balance being retainage). If Work has been 50°/o completed as determined by ENGlNEER, and if the character and pragress ofi the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as ti�e characte� and progress of the Work remain satisfactary to them, there wi(I be no a�ditional retainage on account of Work completed, in which case, the remaining progress payments prior to Substantiai Completion wiil be a� amount equa! to 10Q% ofi the Work completed. . 95°/a (withjthe balance being reta'snage) of materia[s and equipment not incorporated�in the Work (but delivered, suitably stored and accompanied by dacurnentations satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2 Upon Substamtiai Completion, in an amount sufficient to increase total payments to CONTRACTOR to �8% of the Contract Price (with the balance being retainage}, less such amounts as ENGIN�EER shalf determine, or OWNER may withho(d, in accordance with paragraph 14.7 af the General Conditions. , 5.2 Final Payment. ;Upon finai completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER sha{I pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article 6. (NTEREST. A(f moneys nat paid when due as provided in Articie 14 of the Genera( Conditions shall bear interest at the maximum rate ailawed by law at the place of the Project. Article 7. CONTRACTOR'S REPRESENTAT10iVS. � A-3 � � � fn order to induce �WNER to enter into the Agreement, C�N�RACTOR makes ti�a following representations: 7.1 CONTRACTOR has exam'sned and carefuily studied the Contract Documents (including the Adder�da listed in paragraph 8) and the_other related data identifed in the Bidding Documents,� including "technical data". 7.2 CONTRACTOR�has visited the site and become familiar vvith and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Wdrk. 7.3 CONTRACTO � is familiar with and is satisfied as to aif federal, state and local Laws � and Reguiations that may affect cost, progress, performance and furnishing af tf�e UVork. i 7.4 GONTRACTQR has carefully studied all reports of expiorations and tests c# subsurFace conditiorns at or contiguous to the site and a!I drawings of physical conditions in or re(ating to existing surface or subsurface structures at or contiguous to the site (excapt Underground Facilities) which have been identified. C�NTRACTOR acknowledges that such repor�s and d�awings are not Contract Documents and may not be complete for CONTRACTOR'S p+�rposes. C4NTRACTOR acknowiedges that OWNER and ENGiNEER do not assume responsibiii#y for the accuracy or compieteness of information and data shown or indicated i'n the Contract Documen#s with respect to Underground Faciiities at or contiguous to the sife. CONTRACT�R has obtained and carefuify studied (or assumes responsibility for h�ving done so) ali such additionaf supplementary examinations, investigations, explbrations, tests, studies and data concerning conditions (surface, subsurface and Unc#erground Facilities) at or contiguous to the site or o#herwise which may affect cost, progress, performance or furnishing ofi the Work or which relate to any aspect of the means, me#�ods, techniques, sequences and procedures of canstruction to be empioyed by CON�RACTOR and safety precautions and programs incident thereto. CONTRACT�R daes not consider that any additiona( examinations, investigations, expforations,tests, �tudies or dafa are necessary for the performance and furnishing af the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditior�s of the Contract Documents. 7.5 CONTRACTOR is aware of the genera! nature of work to be performed by 01NNER and others at the s�te that relates to the Work as indicated in the Contract Documents. 7.6 CONTRACTO� has correlated the information known to CONTRACTOR, informaiion and observation obtained from visits to the site, reports and drawings identified in the Contract docume�ts and a(i additional examinations, investigations, explorations, tests, studies and data with the Cantract Documents. 7.7 CONTRACTOR has given ENGfNEERwritten notice of all confficts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the A-4 1 4 Contract Dccum:ents are generally suificient to indicate ard convey urderstanding af ali terms and conditions for performance and furnishing of the 'v�Jcr�_ Article 8, CONTRACT DOCUMENTS. The Cantract Documents which comprise the entire agreement between OWNER and C�NTRACTOR ccn:cerning the Work consist of the following: 8.1 This Agreemert (pages A-1 fo A-8 inclusive}. 8.2 Exhibits to this Agreement (pages to , inclusive). n/a 8.3 Performance, Payment, and other Bonds, identified as exhibi�s A and consisting of 2 pages each. .' ' 8.4 Notice to Proceed. i 8.5 General Condit�ons (pages 1 to 55 , inc(usive). (�JCDC No. 1910-8 1990 Edition) ; 8.6 Sup�lementary�Conditicns (pages SC-1 to SG 5 , incfusive). 8.7 Drawings with incorporated specifications bearing the title Cape Splash Expansion— Site Su ort Packa e as weli as the Whitewater West industries slide desi�n and installation d�awinqs. i 8.8 Addenda numb�ers 1 to 2 , inclusive. i 8.�0 CONTRACT0�2'S Bid �pages BF-1 to BF-8 , inclusive) marked exhibit B . 8.11 Pursuant to 285.530 R.S. Mo, the contractor must affirm its enrollment and participation in a f�deral work authorizatian program with respect to the employees proposed to work i� connection with the services requested herein by 1) submitting a compieted, notariz�d copy af AFFlDAViT OF WORK AUTHORIZATION and 2) providi�g documentation affirming the bidder's enrollment and participation in a federal work authorization program with respect to the employees propased to work in connection with the services reques..ted herein. 8.12 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _to , inclusive}. ' 8.13 The foifowingli which m�y be delivered or issued after the Effective Date of the Agreement and are'not attached hereto: All Written Amendments and other documents amending, modifyin'g or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. A-5 . The documents (isfed in paragraphs 8.2 et seq. above are attached to this Agreemenf (except as expressly noted otherwise above}. There are no Contract Documents other than those list�d above in the Ar�icie 8. The Contract Documents may oniy be amended, modified or supplemenied as provided in paragraphs 3.5 and 3.6 of the Genera( Conditions. Article 9. IIIiISCELLANEOUS. 9.1 Terms used in this Rgreement which are defined in Article 1 af the Generai Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights.under or interests in the Contract Documents wiil be binding on another party hereto without the wrE�ien consent of the party sought to be bound; and, specifica(iy but without(imitation, moneys that may becom� due and moneys that are due may not be assigned without such consent(except to the extent that the effect of this restriction may be limited by law), and unless specifcaliy stated to the contrary in any written consent to an assignment no assignm�nt wif! ralease or discharge the assignor from any duty or responsibility under the Contract D�cuments. 9.3 OWNER and CONTRACTQR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its par�ners, successors, assigns and legal representatives in respect to al! covenants, agreemants and obiiga�iors contained in the Contract Documents. g.4 Any provision or part of the Contract Doc!�ments held to be void or unenforceabfe under any Law or Regulation shail be deemed stricken, and ail remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision �r part thereof with a vatid and enforceable provision that comes as close as possibie to expressing the intention ofi the sfricken pravision. 9.5 Pursuant to 292.675, R.S. ��io, ihe contractor is informed tha� all contractors or subcantractors doing work on this project to provide, and require its on-site employees to complete, a ten (10) hour course in construction safety and hea'th approved by the Occupational Safety and Health Administration ("OSHA") or simi;ar program approved by the Missouri Department of Labor and Industrial Relations v,rhich is at ieas+ as stringenf as an approved OSHA program� mencesi�'On s tetemployeestfou`rd�on 5}�e)wo k ate w thout d a t e w o r k o n t h e p r o�e c f c o m� documentation ofi fhe required training shal( have twenty (20) oays to pra duce s u c h documentation. 9.6 The General Gor�tractor shall provide to the City of Cape Girardeau City �ngineer's Office�Neekly certified payroils Trom the General Contractor and all Sub�ontractors during the course of thA proiect. These m�:st be provided on a weekfy�asis; if no wark was dane, �,-6 � (N WITNESS iNHEREOF, OWNER and CG+�TRAC�OR have signe� �he Agreemen# in mu{tipie copies, One coun�erpaR each has been delivered to CONTRA.CTOR anc! ENGINEER and two caunterparts to the OWNEP.. Ali por�ions of the Cor,tract Doct�me�ts have been signed, initiafed or identified by OWNER and CONTRACTOR or identified b� ENGINEER on their behalf. This Agreement wiil be effective on ��� �i 1���'#� _��= , 2015 {whicf� is the Effective Date of the Agreement}. OWNER City of Cape Girardeau CONTRACTOR KCI Construction Companv Scott Nley�r. Ci�,� iVlanaae� —�o�as C• rT�S-f-z� �.�1tG�.�y �rr��'d�K� � By: �� BY� C� _ jCORPO TE SEAL] �'�},sr�'�'''� ( ORPORATE ��.L1� �L:,�( j�A,vla��� n . j" � !\ �� � Afitest �� �'.�1� 1 Attest ���! , _ �� ���' � d--- ��rz/ ��,=2,� �,- � 1 Address for giving notices Address for giving notices 4d1 fndependence S�reet /b �'r L�.kc R�µ'� ���� Gape Girardeau MO 63703 S�, �a�,�r , M 0 b 3 i Z 3 (If O�/VNER is a public body, attach License No. evidence of authority to sign and resolution or other docLments Agent for service of process: authorizing execution of Agreement. - (ff CONTRACTOR is corparation, attach evidence of authority to sign.j �IRA�b 4�' ;� �' G4` `' �l'� � ���1� ��� o �,����� ��� �` � `=- 's�������i�� l�a N� �����,�,��,,, ��� � T1iE UNION/ �� �1`\�v�� SEAL A-8 . ' C1TY OF CAP� G4RARDEAU Ca�e S�lash Expansion -Sit� Suppart Pa�,�age BID F�RM - (�JC�C 1910=18) (199Q) PROJEC�' IDENTIFlCATiON: The im�rovements cansist of: the installat'ton of site support facilities and structural foundations for the i�ew watersfides being furnished and instalied on the work by the slides manufacturer.The wor�c in�ludes slide foundations, earthwark, concrete walks and decks,stairs,modificatior and extersion of storrn sewers, some pcol-related systems and piping, some elec�rica! work and any other related construction items as state�+ in the Specifications or shown an the Proje�t Plans pre�ared by Markey and Associa#es, (Rc. and dated February 18, 2015 as wel( as Project instaliati�n details and specifications prep2red by Whitev�rater West Industries, Ltd. dated November 14, 2014 (rev.Jan. 5, 241�) for the City of Cape Girardeau, Missouri. The Whitewater lndustries documents are incorporated by reference into the Project Plans.The workeensists of a Part 1 that relates only to the new waterslides and a Part 2 that relates to new poal decking inside the perimeier of tha existing lazy river with new bridges,stairs, and ramps for access thereto. Part 2 is to be considered as an Add-Alternate. THIS BID lS SUBMITTED TO: CITY O� CAPE GIRARDEAU, MO 410 KIWANIS DRIVE GAPE GIRARDEAU, MO 63701 1. The undersigned B4DDER pro�oses and agrees, �f the Bid is uccepted, �o er;ter into an agreement with OWN�R in the form inciuded in !he Contract Documents to perform and furnish a11 Work as specified or indicated in the Contract Documents for the Bid Price and . within the Bid Times indicated in this Bid 2nd in accorclance with the ather terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditians of the Advertisement ar Invitation to Bid ; and lnstructions to 8idders, including without limitation those deaiing with the disposition of Bid security. This Bid will remain subject to acceptance.for sixty days after the day af Bid opening. BIDDER will sign and deliver�he required number of counterparts af the Agreem�nt with the Bonds and other documents required by the Bidding Requirements within fifteen days after the da#e of OWNER'S notice of Award. 3. In submitting this Bid, BEDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined and carefully studied the Bidding Documents and the following: Addenda, rBCelpt Of 3�I WhICI1 IS h8r2E��/3C{(IIOWIedge(�: �LisfAddendabyA.ddendum Numberand Date) BF-1 (Rev. 3/5/15) y ADUEI�DUM #01 RECEIVED 3i6/2C15 V!A E1ViAIL FROM DAVID MARKEY ,�t�Eh1�l� �02- f�C�=1��D ��+��15 i�sA ��A�'i ���c� ��. �''�d2�E� �g,y�D� (b) BI DDER has visited the site and become familiar with and is satisfied as to the general, lacal and site canditions that may affect cast, progress, perform�nce and furnishing of the � Work; (c) BIDDER is familiar with and is satis#ied as to all federal, siate and lacal Laws and Regufations that may affect c�st, orogress, performance and furnishing of the Wor'�c. (d) BIDDER has care#uily studied al! reports of expiorations and tes�s of subsurface contiitions at or contiguous to the site and all clrawings of pnys�cai cor,ditions in or relating to existing surface or subsurface structures at or contiguous to the sifie (except Underground Faciiities)which have been-ident�fiied. BIDDER acicnowiedges thaf such reports and drawings are nat Contract Documents and may not be camplete for BIDDER'S purposes: BIDDER acknowledges that OWNER and Engineer do not assume responsibility far accuracy or completeness of informatian and data shown or indicated in the B�dding Documents with respect to Underground Facilities at or contiguous to the site. BIQDER has abtained and carefuily studied (or assumes responsibility for having done so) aii such additionai or supplementary examinations, investigatians; explarations,tests,studies and data carc�rning conditions (surface, subs�rrace and Underground Faciiities� at or cortiguous to the site or otherwise which may affect ccst progress, performance or furnishing a# the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto. BIDDER daes not ccnsider that any additionG; examinations, investigations, explorations, tests, studies ar data are necessary for the determination af this Bid for perfarmance and furnishing of the Work in accordance wiih the times, price and otherterms and ccnditions of the Contract Documents. (e) B[DDER is aware of tne ger,eral nafiure of Work to be performed by Owner and athers at the site tha# refates to Work for which this Bid is submitt�d as indicated in the Gontract Documents. (f} BlDDER has correlated ihe information known to BIDDER, information and � observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, expiorations, tests, studies and data with the Contract Documents. (g} BfD�ER has given Engineer written notice of all confiicts, errors, ambiguities or � discrepancies that B(DDER has discovered in the Contract Documents and the written reso(ution thereof by ENGINEER is acceptable to BfDDER, and the Cantract Documents are generally sufficierst to indicate and eonvey understanding of all terms and conditions for performing and furnishing the Wark far which t#�is Bid is submitted. Any questions, comme.nts, or concerns regarding the design of this project shauid be addressed to Markey and Associates Inc Project Enaineer 4253 Edaewater Cou�rt BF-2 (Rev. 3/5115) - Kernesaw, GA 30144 at 770-424-1306. (h) This Bid is genuine and not made in the interest of or on behalf of any undisciosed , person, firm or corporatian ard is not submitted in conformity with any agreement or ruies of : any graup associa�ion, organization or corporation; BfDDER has not directly,or indirectfy induced or salicited ar�y other Bidder to submit a faise or sham 8id; BIDDER has not soiicited or induced any person, firm or corporation to refrain from oidding; and BIDDER has not sought by collusian to ebtain for itself any advantage over any ather Bidder or over OWNER. (i) Pursuar�t to 2�5.530 RSMo,the bidder must affirm its enro(lment and participation in a fedsral work authorization program with respect to #he employees proposed to work in connectian w�th the services requested herein by s submitting a completed, no�arized copy of AFFIDAViT OF WORK AUTHORIZATION and • providing docllmen#ation affirming the bidder's enrollment and pa�icipation in a federal ' w�rk authorization program with respect to the employees proposed ta work in connection wi�h th� services requested here'sn. + h�t�:l/www.usc�s.acv/c�ort�l/s'rte/uscis {j) Sidders are informed that the Project is subject to the requirements of Section 292.G75, R.S. Mo,which requires a(I contractors or subcontractors doing wark on the Projec#to provide, a�d require its on-site emp(ayees to campiete, a ten (10) hour course in construction safety and health approved by the Occupatianal Sa#e#y and Neaith Administration t"OSHA") or simiiar program approved by the Missouri Department cf Labor and Industrial Relations which is at least as stringent as an approved OSHA program.The training must be campleted within sixty (60) days of the date work on the Project commences. On-site employees found on the worksite without documentation of the required training shall have twenty(207 days to produce such documentation. 4. BIDDER wi(I complete the Work in accordance with the Cantract Documents for the foilowing Lump Sum Amounts: � PART 1 — Site Support for the Add�tion of Waterslides at Cape Spiash: ; � "�'EhtTL }��a�¢� �.'1:.��.s�Y�i �-�1�i' ��-/o�iN� &- "'��5��"� --��-o �J�tlA�z� � �Z�� o�z. (Wri�ten figure} The above lump sum shatf include a(towances for the (a} the purchase and instal(ation of Plant Material as caordinated with the Parks staff, and (b} the additian and/or relocation of irrigation systems. Each of the allawances shall equal $10,000 for a total of $20,040. BF-3 (Rev. 3/�/15) � ' I ff rock excavatian is required, as defined by the City of Cape G�rardeau s StandGrd ; Specifications, the cost of such excavation shall be paid on a unit price basis of: ' $ ��-� bt� /cubic yard of rock PART 2— impr�vements to tt;e existing Lazy River infield at Cape Splash: ' ��r� Nc��A�..� �-r� o�� ��o.,s��, �rr�� �t�� a— �T�-�� � �5�, �1�`� (written figure) Note: This Part 2 bid shaEl be considered an Add-Alternate which may not be awarded even ifi PART 1 is.A{so;the provisions as to time of completion and liquicfated damages herein and in the Agreement shall not directly apply to PART 2 as long as PART 2 is compieted in the 2Q15 calendar year if awarded. (Tota! bid amounts are to be shown in botn words and figures. (n case of discrepancy, the amount shown in words wili govern.) 5. BIDDER agrees that the Work will be substantially complete within 120 calendar days after the date when the Contract Times commences to run as provided in paragraph 2.3 of the Genera) Conditions, and completed and ready for fina! payment in accordance with paragraph 14.13 af the General Canditions within 150 calendar days after the date when the Contract T�mes commences to run. However, the critical parameter for the schedule of the Work is for this Site Suppart Package contractor to be ahead of#he installatian work for the Watersiides by the Whitewater West Industries ins#allation sub-contractor. The prolecfed schedule for that work is attached to this document. Any de{ays in the installation subcontractor's access, performance,or cornpletian of their work that is attributable to the Site Su�part Package cantractar will be considerect in the assessment of liqUidated damages. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to corriplete the Wark within the fimes specified in the Agreement and/orfailure to keep pace ahead of the Whitewater West Industries instailation subcontractor. 6. The follawing documents are attached to and made a condition of this Bid: (a) Required Bid Security in the form of bid bond or cashiers check. (b) Acknowledgement of any addenda issued. (c) Exhibit Affidavit of Wark Authorization BF-4 (Rev. 3/5/15) . � (d} Exhibit Affidavit o# Excessive Unem�loyment (if app(icabie) (e) The E-Verify Program for Unemplayment Verific�tion Memorandum of Unders�a�ding http�//www uscis qov/fileslnativedocumentslMOU.pdf (f) Exhibit Affidavit o# OSHA Training (g) Certificafion .Regarding Debarment, Suspension and Other Responsibiiit� 1�latters 7. Bidder agrees to submit the following documents within three (3) business days afier the opening of Bids if requested: (a) BfDDER'S QuaEir'ication Statement with supporting data. i SF-5 (Rev, 3/5115) � � 8. Commur�ications concerning this Bid shalS be addressed to: ', Michael Opels Name Acldress �021 KWGSWAY. SU{TE 11-8. CAPE GfRARDEAU. MO 63701 (a) Performance and Payment Bording Company Name AON 8182 MARYLAND AVE. ST. LOUlS, MO 63105 Address Agent\Power of Attorney Name (i# used} Exic Saue.r ' Address 8182 M Iand Avenue, St Louis,MO 63105 9. Terms use�1 in the Bid which are defined in the General corditiors or instructions wili have the meanings indicated in the General Conditions or Instructions. SUBMITTED on 3/�� 2a15 State Contractor License No. Certificate of Good StandinQ No. 00l i0432 lF BIDDER is: ' An Individual �5��� ! By (lndividuai's Name) doing business as ' Business address: Phone No.: A Partnership (SEAL} By (Firm Name) (Generaf Partner) Business address Phone No.: A Corporation . $F-6 (Rev. 3/5/15) � ` g KC! CONSTRUCTICN CGMPP,NY, lNC. (SEAL) Y MISSOURI (Carporaticn Narne) �y �� � (S te of Incarporation) SEAL , � ) (Name of Person Authorize� to Signl 1:nomas C. Huster Vice President (Titlej (Cor�orate Seal) Attest �� (Secretan�) Business address 1031� Lake B�1��rive. St. Louis �IO 5�12� Phone No.: 314-894-8888 Date of Qualification to do business is, October 1 1963 _ A Jaint Venture gy (SEAL) (Name) �A.dGr�ssi gy (SEAL} (Name) (Address} Phone Number and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partne�ship and corporation that is a party to the joint venture shoufd be in the manner indicated above.) BF-7 (r��v. 3/5/15) I . ��������� �F ���� ����� (Required}: � The Contractor shail be ;egistered witEi the Missouri Secr�tary of State in order to work on this project. � BiDDER hereby states that r�e will perform the folicwing items of work direc�fy without employment of subccntractors; �S11 �tLod�-n� li�oa� ���.� lt is anticipated tha#the fo+lcwing subcontractors will be employed for work on this project: '"SUBCONTRACTGRS; (Name of Company) (Type of Work) �t� �tt.��t��� t���nt ,�w#�.� --- * Af(subcontractors shall be registered with the Missouri Secretary of State in order to work on this project. BF-8 (Rev. 3/5/15) Company ID Number: 112190 '9_"i� _ `�:e:��T3 i�S> i�rL.:..t>i_S"Tli.'� .�,1?'��!�_1�Li��;:�.�.11,_ `."'%�i:�.'st��..:i�l�.'i:fi°'� �_� . ...� . .k.'. . . „ �. � <fut:�sii::�?:-.f`'I�i�:.�"cY$Pa-3i;�,sf{:��'�u:>T'T;;-Vu��"•"_: ARTICLE I PURPOSE AND AL'THORITY This Memorandum of Understanding {MOL� sets forth the points of agreement between the Social Security Admi.nistration (55A), the Department of Homeland Security (DHS) and KCI Construction Companv (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E-Verify). E-Veriiy is a program in which the employment eligibility of all newly hired employees will be confirmed after the Employment Eligibility Verification Form(Form I-9)has been coinpleted. Authority for the E-Verify program is found in Title N, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub•L. 104-208, 110 Stat. 3009, as amended{8 U.S.C. § 1324a note). ARTICLE II b'(JNCTIONS TO BE PERFORMED A. RESPONSIBILIZ�S OF THE SSA 1. Upon completion of the Form I-9 by the employee and the Employer, and provided the Employer complies with the requirements of this MOU, SSA agrees to provide the Employer with available mforma.tion that allows the Employer to confirsn the accuracy of Social Security Numbers provided by all newly hired employees and the employment authorization of U.S. citizens. 2, The SSA agrees to provide to the Employer appropriate assistance with operarional problems that may arise during the Employer's participation in the E-Verify program. The SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E-Verify process. 3. The SSA agrees to safeguard the infomraxion provided by the Employer through the E- Verify program procedures, and to lunit access to such information, as is appropriate by law, to individuals responsible for the verification of 5ocial Security Numbers and for evaluation of the E-Verify program or such other persons or entities who may be authorized by the SSA as governed by the Privacy Act(5 U.S.C. § 552a), the Social Secarity Act(42 U.S.C. 1306(a)),and SSA regulafiions(20 CFR Part 401). 4. SSA agrees to establish a means of automated verificarion that is designed (in conjunction with DHS's automated system if necessary) to grovide confumation or tentative nonconfirrnation of U.S. citizens' employment eligibility and accuracy of SSA records for both cirizens and aliens within 3 Federal Government work days of the initial inquiry. Company ID Number: 112190 5. SSA agrees to establish a means of secondary verification (including updating SSA records as may be necessary) for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and aliens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary.In such cases, SSA will provide additional verification instructions. B. RESPONSIBII,ITIES OF THE DEPART'MENT OF HOMELAND SECURITY 1. Upon completion of the Form I-9 by the employee and the Employer and after SSA verifies the acc�sacy of SSA records for aliens through E-Verify, DHS agrees to provide fne Employer access to selected data from DHS's database to enable the Employer to conduct: • Automated verification checks on newly hired alien employees by electronic means,and • Photo verification checks(when available)on newly hired alien employees. 2. DHS agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. DHS agrees to provide the Employer names, tities, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer a manual (the E-Verify Manuai) containing instructions on E-Verify policies,procedures and requirements for both SSA and DHS, including restrictions on the use of E-Verify..DHS agrees to provide training materials on E-Verify. 4. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in the E-Verify program. DHS also agrees to provide to the Employer anti- dis�mination notices issued by the Office of Special Counsel for Imrnigratian-Related Unfair Employment Practices(OSC),Civil Rights Division,and U.S.Department of Justice. 5. DHS agrees to issue the Employer a user identification number and password that permits the Employer to verify information grovided by alien employees with DHS's database. 6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such information to individuals responsible for the verification of alien employment eligibility and for evaluation of the E-Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Sacial Security Numbers and employment eligibility, to enforce the Immigration and Nationality Act and federal criminal laws,and to ensure acci.�ate wage reports to the SSA. 7. DHS agrees to establish a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative nonconfirmation of employees' employment eligibility within 3 Federal Government work days of the initial inquiry. Compa�y ID Number: 112190 8. DHS agrees to establish a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non-match tentative nonconfirmations that is designed to provide final confirmation or nonconfumation of the employees' employment eligibility within 10 Federal Govemment woric days of the date of referral to DHS, unless DHS determines that more than 10 da.ys may be necessary. In such cases,DHS wili provide additional verification instructions. C. RESPONSIBILTTIES OF THE EMPLOYER i. The Employer agrees to display the notices supplied by DHS in a prominent place that is clearly visible to prospective employees. 2. The Employer agrees to provide to the SSA and DH5 the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E-Verify. 3. The Employer agrees to become familiar with and comply with the E-Verify Manual. 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the E-Verify Tutorial before that individual initiates any queries. p,. The employer agrees that all employer represen#atives will take the refresher tutorials initiated by the E-Verify program as a condition of continued use of E- Verify. B. Failure to complete a refresher tutorial will prevent the employer from continued use of the program. 5, The Empioyer agrees to comply with established Form I-9 procedures, with two exceptions: • If an employee presents a"List B" identity document,the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a2(b)(1)(B))can be presented during the Form I-9 process to establish identity). • If an employee presents a DHS Form I-551 (Permanent Resident Card) or Form I-766 (Employment Authorization Document) to complete the Form I-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's gorm I-9. The employer will use the photocopy to verify the photo and to assist the Department with its review of photo non-matches that are contested by employees. Note that employees retain the right to present any List A,or List B and List C,documentation to complete the Form I-9. DHS may in the future designate other documents that activate the photo screening tool. 6, The Employer understands that participation in E-Verify does not exempt the Employer from the responsibility to complete,retain,and make available for inspection Forrns I-9 that relate to its employees, or from other requirements of applicable regulations or laws, except for the following modified requirements applicable by reason of the Employer's participation in E- Verify: (1) identity documents must have photos, as descnbed in paragraph 5 above; (2) a Company ID Number: 112190 rebuttable presumption is established that the Employer has not violated section 274A(a)(1)(A)of the Immigration and Nationality Act {II�TA) with respect to the hi*ing of any individual if it obtains confumation of the identity and employment eligibility of�he individual in compliance with the terms and conditions of E-Verify ; (3) the Employer must noti�DHS if it continues to employ any employee after receiving a final nonconfumation, ar_d is subject to a civil money penalty between $500 and $1,000 for each failure to notify DHS oi continued employment following a final nonconfirmation; (4)the Employer is subject t� a rebuttable presumption that it has lmowingly employed an unauthorized alien in violation of section 274A(a)(1)(A) if the Einployer continues to employ any employee after receiving a final nanconfirmation; and (5) no person or entity participating in E-Verify is civilly or criininally ;:abie under any law ior any aciion taken in good faith on information provided through ihe confisrnation system. DHS reserves the right to conduct Form I-9 compliance inspections during the course of E-Verify, as well as to conduct any other enforcement activity authorized bv law. 7. The Employer agrees to initiate E-Verify verification procedures within 3 Employer business days after each employee has been hired(but after both sections 1 and 2 of the Form I-9 have been completed),and to complete as many(but only as many)steps of the E-Verify process as are necessary according to the E-Verify Manual. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form I-9 completed. If the automated system to be queried is temporarily unavailable, the 3-day rime period is extended imtil it is aga.in operatior,al in order to accommodate the Employe:'s attem�ting, in good faith, to make inquiries during the period of unavailability. In all cases, the Employer must use the SSA verification procedures first, and use DHS verification procedures and photo screening tool only after the the SSA verification response has been given. 8. The Employer agrees not to use E-Verify procedures for pre-employment screeni.ng of job applicants,support for any nnlawful ernployment practice, or aryo uther use not authorized by this MOU. The Employer must use E-Verify for all new employees and will not verify only certain employees selectively. The Employer agrees not to use E-Verify procedures for re- verificataon, or for employees hired before the date this MOU is in effect. The Employer understands that if the Employer uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and the immediate termination of its access to SSA and DHS information pursuant to this MOU. 9. The Employer agrees to follow appropriate procedures (see Article III.B. below) regarding tentative nonconfirmations, including notifying employees of the finding, providing written referral instructions to employees, allowing employees to contest the findi.ng, and not taldng adverse action against employees if they choose to contest the finding. Further, when employees contest a tenta.tive nonconfirn�ation based upon a photo non-match, the Employer is required to take affirmatave steps (see Article lII.B. below) to contact DHS with information necessary to resolve the challenge. 10. The Employer agrees not to take any adverse action against an employee based upon the employee's employment eligibility status while SSA or DHS is processing the verification request unless the Bmployer obtains lrnowledge (as defined in 8 C.F.R § 274a.1 (1))that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification to verify work authori.zation,a tentative nonconfirmation,or the finding of Company ID Number: 112190 a photo non-match, does not mean, and should not be intemreted as, an indication that the employee is not work auth.orized.In any of the cases listed above,the employee must be provided the opportunity to contest the finding, and if he or she does so, rnay not be terminated or suffer any adverse employment consequences until and unless secondary verification by SSA or DHS has been completed and a fmal nonconfirmation has been issued.If the employee does not choose to contest a tentarive nonconfirnnation or a photo non-match, then the Employer can find the employee is not work authorized and take the appropriate action. 11. The Employer agrees to camply with sectian 274B of the INA by not discriminating Lmlawfully against any individuai in hiring, firing, or recruitment or refezral praciaces because oi his or her narional origin or,in the case of a protected individuai as defined in section 274B(a)(3) of the INA, because of his or her citizenslup stalus. The Employer understands that such illegal practices can include selective verification or use of E-Verify, discharging or refusing to hire eligible employees because they appeaz or sound "foreign", and premature ternunation of employees based upon tentative nonconfirmations, and that any violation of the unfair immigration-related employment practices provisions of the INA could subject the Employer to civil penalties p�suant to sectian 274B of the INA and the temunation of its participation in E- Verify. If the Employer has any questions relating to the anti-discrimination provision, it should contact OSC at 1-800-255-7688 or 1-800-237-2515 (TDD}. 12. The Emplo,ver agrees to recard the case verification number on the employee's Form I-9 or to print the screan containing the case verification number and attach it to the employee's Forrn I-9. 13. The Employer agrees that it will use the information it receives from the SSA or DHS pursuant to E-Verify a.�d this MOU only to confum the employment eligibility of newly-hired employees after complefion of the Form I-9. The Employer agrees that it will safeguazd this information, and means of access to it(such as PINS and passwords) to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU. 14. The Empioyer acl�owledges that the information which it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a (i) (1) and (3)) and the Social Security Act(42 U.S.C. 1306(a)), and that any person who obtauis this�formation under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 15. The Employer agrees to allow DHS and SSA, or their authorized agents or designees, to make periodic visits to the Employer for the purpose of reviewing E-Verify-related records, i.e., Forms I-9, SSA Transaction Records, and DHS verification records, which were created during the Employer's participation in the E-Verify Program. In addition, for the purpose of evaluating E-Verify, the Employer agrees to allow DHS and SSA or their authorized agents or designees,to interview it regarding its expenence with E-Verify,to interview employees hired during E-Verify use conceming their experience with the pilot, and to make employment and E-Verify related records available to DHS and the SSA,or their designated agents or designees. Failure to comply with the terms of this paragraph may lead DHS to#erminate the Employer's access to E-Verify. Company ID Number: 112190 ARTICLE III REFERRA.L OF�IDIVIDUALS TO THE SSA AND THE DEPARTMENT OF HOMELAND SECURITY A. REFERRAL TO THE SSA i. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the tentative nonconfirmation notic� as directed by the automated system and provide it to the employee sa tiiat the employee may determine whether he or she will contest the tentative nonconfirnlation. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfumation. The Employer will transmit the Social Security Number to SSA for verification again if ttus review indicates a need to do so. The Employer will determine whether the employee contests the tentative nonconfismation as soon as possible a$er the Employer receives it. 3. If the employee cantests an SSA tentative nonconfirmation, the Employer will provide the employee with a referral letter and instruct the employee to visit an SSA office to resolve the discrepancy within 8 Federal Government work da.ys. The Employer will make a second inquiry to the SSA database using E-Verify procedures on the date that is 10 Federal Government work days after the da.te of the referral in order to obtain confirmation,or final nonconfuination,unless otherwise instructed by SSA or unless SSA determines that more than 10 days is necessary to resolve the tentative nonconfinnaiaon.. 4. The Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Secvrity Number from the SSA. g, REFERR.AL TO THE DEPARTMENT OF HOMELAND SECURITY 1. If the Employer receives a tentative nonconfirmation issued by DHS,the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfumation. 2. If the Employer finds a photo non-match for an alien who provides a document for which the automated system has transmitted a pho#o, the employer must print the photo non-match tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the finding. 3. T'he Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when Compan.y ID Number: 112190 the Employer issues a tentative nonconfirrnation based upon a photo non-match. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will provide the employee with a referral letter and insiruct the employee to contact the Departrnent through its toll-free hotline within 8 Federal Govemment work days. 5. If the employee contests a tentative nonconfirmation based upon a photo non-match, the Employer will provide the employee with a referral Ietter to DHS. DHS will electrorscally transmit the result of the referral to the Employer within 10 Federal Government work days of the refeiral unless it determines that more than 10 days is necessary. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non-match,the Employer will send a copy of the employee's Form I-551 or Form I- 766 to DHS for review by: a Scanning and uploading the document,or • Send'mg a photocopy of the document by an express mail account(furnished and paid for by DHS}. 7. Tfie Employer understands that if it cannot detemiine whether there is a photo match/non-match,the Employer is required to forward the employee's documentation to DHS by scanning and uploading,or by sending the document as descnbed in the preceding paragraph,and resolving the case as specified by the Immigration Services Verifier at DHS who will determine the photo match or non-match. ARTICLE IV SERVICE PROVISIONS The SSA and DHS wi11 not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries.To access the E-Verify System,an Employer will need a personal computer with Internet access. ARTICLE V PAR'I`IES This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E-Verify program unless modified in writing by the mutual consent of all parties, or tenninated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E-Verify program by DHS or SSA, including but not limited to the E-Verify checldng against additional data sources and instituting new verification procedures,will be covered under this MOU and will not cause fihe need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify manual. Even Company ID Number: 112190 without changes to E-Verify, the Department reserves the right to require employers to take mandatory refresher tutorials. Ter•nination by any party shall ternzinate the MOU as to all parties. T'he SSA or DHS may terniinate this MOU without prior notice if deemed necessary because of the requirements of iaw or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established procedures or legal requirements. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification res�onsibilities between each other as they may determine. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or proced�sal, enforceable at law by any third party against fihe United States, its agencies, officers,or employees,or aga.inst the Employer,its agents, officers, or employees. Each party shall be solely responsible for defending any claim or action against it arising out of or reiated to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not Limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIIZA to any acrion taken or allegedly taken by the Employer. The employer understands that the fact of its participation in E-Verify is not confideniaal information and may be disclosed as authorized or required by law and DH5 or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, and responses to inquiries under tile Freedom of Information Act(FOIA). The foregoing canstitutes the full agre�ment on this subject be�ween the SSA, DHS, and the Employer. The individuaLs whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DH�S respectively. To be accepfed as a participan#in E-Verify,you should only sign the Employex's Section of the signafure page. If you have any questions, contact E-Verify Operations at 888-464- 4218. Employer KCI Constrnction Company Jim L Guenther Name(Please type or print) Title Electro�iically Sig�ted 04/08/2008 Signature Date Department of Homeland Security—Verificaiion Division Company ID Number: 112190 USCIS Ver�cation Division iJame(Please type or print) Title Electroi:ically Signed 04/081?008 Signature Date . Company ID Number: 112190 INFORMATION REQUIItED FOR THE E-VERIFY PROGRAM Information relating to your Company. Company Name: KCI Constrnction Company Company Facility Address: 10315 Lake bluff drive 5t Louis,MO 63123 Company Altemate Address: County or Parish: SATNT LOi7IS Employer ldeniification Number. 430797053 North American Indus's}+ Classification Systems Code: Z36 Parent Company: l0U to Number of Employees: 499 Number of Sites Verified for: 1 Are you verifying for mure ti�an 1 site? If yes,please pmvide the number of sites verified for in eac6 State. . IvffSSOURI 1 site(s) Information relating to the Pragram Administrator(s)for your Company on policy questions or operationa]problems: Name: Tim L Guenther Telephone Nimmber. (314)894-8888 Fax Number. (314)894-7418 E-maii Address: jguentherQkciconslruction.com EXHIBIT AFFIDAVIT OF OSHA TRAINING COMES NOW(�ame) Thomas C. Huster as (Office Held) Vice President I of(Company Name/Concractor) KCI Construction Company and fizst being dulp sworn, on j my oath, aFfirm in connection with the contracted services related to West End Boulevard&Walnut Street for the durati�n of the contract,as follows: 1. Contsactor shall provide a ten (10) hour Occupational Safety and Health Administration (OSHA) construction safety progxam for all employees who will be on-site at the ; Project. The constn:crion safety program shail inciude a coarse in construcrion safety ar_d health that is approved by OSHtI or a similas program approved by the tilissouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA progsam as re�uired by � Section 292.675,RSMo. 2. Contractor shall require its on-site employees to complete a construcrion safety pxogram within sixty (60) days after the date wor3i on the Project commences,as required by Section 292.675,RSMo. ` 3. Contsactor acknowledges and agxees that any of Con�*�actor's employees found on the Project site without documentation of the successful completion of a construction safety ` program shall be tequired to produce such documentation within twenty(20) daps,or will be subject to removal from the Project 4. Contractor shall require all of its Subcontractoxs to complp with the re�uirements of Section 292.675,RSMo. 5. Contractor acknowledges that puxsuant to Secrion 292.67�, RSMo., Contractor shall i fozfeit to Ciry as a penalry two thousand five hundred dollars (�2,�00.000), plus one hundred dollaxs ($100.00) for each on-site employee employed by Contractor or its Subcontractor, for each calendar day, or portion thereof, such on-site employee is employed without the construcrion safety training required in Section 292.675,RSMo. 6. Contractor acknowledges that violations of Section 292.675, RSMo, and imposition of the penalties described thezein shall be investigated and determined by the Missouri Department oELabor and Industrial Relations. 7. Contractor acknowledges that in the event that the �Iissouri Department of Labor and Industrial Relations has deterrnined that a violation of Section 292.675, RSMo., has occurred f i OSHA-1 ,. and that a penalty shall be assessed, the City shall withhold and retain all sums and amounts due and owing when making payments to Contractor under this Contxact. FURTHER AFFIANT SAITH NOT. :; IN AFFIRMATION THEREOF, the facts stated above are true and conect (the l undersigned understands that false statements made in this filing are subject to the penalties provided in Section 575.040,RSMo.) KCI Construction Company I (name oE corpoiation) By: l�M�, L`—f� (name of officer of corpozation and a�le) Thomas C. Huster,Vice President A ST: � Secretary(or othez oEficer) - (SEr1L OF CORPORATIOI� - - - STATE OF MISSOURI } , } ss. COUNTY OF CAPE GIRARDEAti } On this lOth day of March , 20 15, before me appeared Thomas C. Huster , to me personally known,who,being by me duly sworn, did say that he/she is the Vice President of KCI Construction Company , a Missouri Corporarion, and that the seal affixed to the foxegoing instrument is the seal of said Corporation, and that the said insttument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, and acknowledged said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at mp office in Cape Girardeau,Missouri, the dap and year fir t above written. � Notary Pubiic My Commission Expires: Carroi A.Tauser � Notary Public-Notary Seal � a U� 5 Stgte of Missouri St.Loufs County Comm(ssion� Exp�ree �+YI -31 2015 , Commis�oY�4►1�5Z756b � OSHA-2 . EXHIBIT AFFIDAVIT OF WORK AUTHORIZATION COMES NOW(Nazne)Thomas C.Huster as (Office Held) Vice President of(Company Name/Conrractor) KCI Construction Company and first being duly sworn, on my oath,affirm as follows: 1. (Company Naine/Contractor) KCI Con�truction Company is enrolled and will continue to participate in a federal work auihorization progtam in respect to employees that will work in connection with the contsacted services related to (Project Name) Cape Splash Expansion for the duration of the contsact in accordance w-ith RSMo Chapter 285.530(2). 2. I also aff]rm thai(Company Name;Contractor) KC'T C'nnctrn�ti�n C'Om.�Z3n� does not and will not knowingly employ a person who is an unautizorized alien in connection with the contract services xelated to (Pxoject Name) Cape S�lash Expansion for the duration of the contract 3. Attached hereto is docutnenta.�on affirmir_g Contractor's ensollment and participation in a federal work authorization program with r�spect to the employees working in connection with the contracted services. FURTHER AFFIANT SAITH NOT. IN AFFIRMATION THEREOF, the facts stated above are true and cotrect (the undersigned understands that false statements made in this filing are subject to the penalties provided in Section 575.040,RSMo.) KCI Construction Company (name of cozporation) By: ��+�h �. (name of officec of corporation and ride) Thomas C. Huster,Vice President A T: Secretary(or other officex) (SEAI..OF CORPOR.ATI01� '. �.. .' - _ S'TATE OF MISSOURI ) _ ) ss. � COUNT'Y OF C1�PE GIRARDEAU ) �� On this lOthday of March , 20 15 ,before me appeared Thomas C. Huster , to me personally known,who, being by me duly swom,did say that he/she is the Vice President of KCI Construction Company , a Missouxi Corporation, and that the seal af£�ixed to the foregoing instrument is the seal of said Corporation, and that the said instrument was signed and sealed in behalf of said Corporation by aurhority of its Board of Directors, and aci�nowledged said insuument to be rhe free acc and deed of said Corporatio*:. , IN TESTII�fOI�'Y WHEREOF, I have hereunto set my hard and affxed my official seal, at " my office in Cape Girasdeau,Missouri, the day and yeas first above written. C..(,/ �cu�U Nota.fy Public Carroi A.Tauser Notary Pubiic-Notary Seal State of Missou►i My Comtnission Expires: St.Louis Coutrty ��C�mmlaal�ln n 9 9 A�731�2016 c -�l �li�� s � CITY � CAPE G 1 R A R D E A U ' Certi�cation Regarding Debarme�t, Suspension and Other Responsibility Matters The contractor hereby certifies to the best of its knowledge and belief and that it and its principals and its subcontractors and tnei:principals: ' (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency; � (b) Have not within a three(3) year period preceding this proposal been convicted of or had a ' civil judgment rendereri against them for cominission of fraud or a criminal offense in connection with obtaining, attempting to obtain or perfomung a public (Federal, State or � Local)transaction or cantract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlernent, theft, forgery,bribery, falsification or destrucrion of records,making fals� statements or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity(Federal, State or Local)with commission of any of the offenses enumerated in paragraph (1)(b) �f this certification; and (d) Have not within a three-year period preceding this subcontract had one or more public transactions (Federal, State or Local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this contractor or termination of the contract. In addition,under 18 USC Sec. 1001,a false statement may result in a�ine of ap to$ 10,000 or imprisonment for up to five(5)years or 6oth. Thomas C. Huster,Vice President,KCI Construction ; Typed Name&Title of Authorized Representative �—�yy�,k, C I March 10, 201 S Signature of Authorized Representative Date ❑ I am unable to certify to the above statement. My explanation is attached. i � � EMPLOYMENT REQUIREMENTS AND WAGE RATES R-1. General. This contract shall be based upon payment by the Contracto� and his subcontractors of wage rates not less than the prevailing hourly wage rate for each craft or ciassification of workman engaged on the work as determined by the Industrial Commission of Missouri on behaif of the Department of Labor and Industriai Relations. The Contractor shall comply with all requirements of the prevailing wage law of Missouri, Revised Statutes of Missouri, Sections 290.210 to 290.340, including the i�test amendments thereto. Tne prevailing wage law does not prohibit payment oi more than the prevailing rate of �Nages nor does it limit the nours of work which may be performed by any workman in any particular period of time.. R-2. Records. The Contractor and each subcontractor shall keeo an accurate record showing the names, occupations, and crafts of all workmen employed, together with the number ofi hours worked by each workman and actual wages paid to each workman. At all reasonable hours, such records shall be open to inspection by the representatives of the Industrial Commission of Missouri and the Owner. The payroll records shail not be destroyed or removed from the state for at teast one year after completion of the work. Weekly certified payroils from generai contractor and all subcontractors will need to be submitted to the Owner on a monthiy basis. R-3. Notices. Throughout the life of this contract, a copy of the v�rage determination and the rules promuigated by the Industrial Commission of Missouri shall be displayed in at least two conspicuous places on the project under a heading of NOTICE with the heading in letters at least one incl�� high. R-4. Penalt . Pursuant to Section 290.250 RSMO the contractor shali forfeit to the Owner as a penalty, one-hundred dollars for each workman employed, for each calendar day, or portion thereof, such workman is paid less than the stipulated rates for any work done under the Contract, by him or by any subcontractor under him. R-5. Affidavit of Compliance. After compietion of the work and before final payment can be made under this contract, the Contractor and each subcontractor must file with the Owner an affidavit stating that he has fully compiied with the provisions and requirements of the prevaifing wage law of Missouri, Sections 290.210 to 290.340 RSMO. R-1 � 1Vli�souri Division of Labor Standards WAGE AND HOUR SECTIOIvT OF� TH,� s � �. ,.. . +.'. � � � �� •* • 4�� �J ^`F'. R� � ���,,� ° o���Q O y '��'� `� �� � � �� eewr y� 1��exu", � - I �Op�u s�w�'"" ��� I � M�CCCXx ti:� ,�, �� TEREMIAH W. (JA� NIXON, Govemor , ; Annual Wa e Order No. 21 � g Section 016 i CAPE GIRARDEAU COUNTY i In accordance with Section 290.262 RSMo 2000, within thirty (30) days after a certified copy of this Annual Wage Order has been filed with the Secretary of State as indicated below, any person who may be affected by this Annual Wage Order may object by filing an objection in triplicate with the Labor and Industrial Relations Commission, P.O. Box 599, Jefferson City, MO 65102-0599. Such objections must set forth in writing the specific grounds of objection. Each objection shall certify that a copy has been fumished to the Division of Labor Standards, P.O. Box 449, Jefferson Ciry, MO 65102-0449 pursuant to 8 CSR 20-5.010(1). A certified copy of the Annual Wage Order has been filed with the Secretary of State of Missouri. Ori inal Signed by John E. Lindsey,Director Division of Labor Standards This Is A True And Accurate Copy Which Was Filed With The Secretary of State: March 10, 2014 Last Date Objections May Be Filed: Apri19, 2014 Prepared by Missouri Department of Labor and Industrial Relations i Building Construction Rates for REPLACEMENT PAGE SecTion 016 , CAPE GIRARDEAU County Basic ver- OCCIJPATIONAL TiTLE "Date of Hourly Time Hoiiday � Totai Fringe 3enefits i Increase * Rates Schedule Schedule i Asbestos Worker H&F Insulator $18.00 FED $1.44 Boilermaker 6/14 $32.21 126 7 $29.20 Brickla er and Stone Mason 6i14 $28.48 75 40 $9.79 Ca enter 6/14 $23.42 62 43 $15.05 � .1 Cement Mason 6/14 $26.00 81 7 $13.95 q.q ya• �i Communication Technician $21.40 FED $1p,84 3z.� '' %'•a Electncian Inside Wireman 6/14 $33.15 82 71 $10.58+39.5%�3.04-� `���j: Electrician Outside-Line Construction\Lineman 7114 $46.21 120 45 �5.76+29.75% . '�+f:t9^ „ ^,i :�^ Lineman O erator 7I14 $33.38 120 45 $5.76+29.75%q.�,3:�,I, � Groundman 7114 �26.41 120 45 $5.76+29.75%����3 v� D.et. ~a Elevato�Constructor 6l14 a $44.37 26 I 54 $28.385 Glazier $21.78 89 50 $11.25 i � Ironworicer o/?4 � $24.62 90 61 � $19.i2 �k.�,� !V.l',o`-' Laborer Buildin : I General 6/'4 $21.21 49 i 7 I $11.47 2, � n� First Semi-5killed 6114 $22.53 49 7 $11.47 3�.t9J ��,9.; ry� Second Semi-Skilied 6/14 $21.53 49 7 $11.47 � ,tp � �,`i Lather 6/14 $23.42 62 43 $15.05 Linoleum La er and Cutter 6/14 $30.33 92 26 $14.95 Marble Mason 6/14 $28.48 75 40 $9.79 Marble Finisher I Millwri ht o/14 $23.42 62 43 $15.05 O eratin En ineer Grou I 6/14 �27.81 8E i 66 $23.75 �1•�Ip .�C Grou II 6/14 $27.81 SE on $23.75 Grou I1I 6/14 $26.56 86 I 86 $23.75 ---. ' ,jD?•$? Grou ili-A 6/14 $27.81 86 66 23.75 I ' Grou IV 6/14 $25.58 86 66 $23.75 Grou V 6/14 $28.51 S6 66 $23.75 Painter $28.75 104 12 $13.41 Pile Oriver 6/14 $23.42 62 43 $15.05 Pi e Fitter �' 7114 b $35.75 91 ; �5 I ��.�� $25.68 �n.^;C ^, .a Piasterer $23.50 121 2C j $9.55 Plumber �. 7/14 b $35.75 91 69 ,Z, .�. $26.68 5 . � 7 . ' Roofer 1 Wate roofer 6/14 $23.00 15 73 $10.87 � Sheet Metal Worker 11/14 $38.52 32 25 $21.58 S rinkler Fitter-Fire Protection 6/14 $31.75 33 19 $18.90 TeRazzo Worker 6/14 $28.48 75 40 $9.79 Terraao Finisher Tile Setter 6l14 $28.48 75 40 $9.79 Tile Finisher Traffic Control Service Driver $26.415 22 55 $9.045 Truck Driver-Teamster Grou I c $26.22 103 77 $9.40 Grou II c $26.38 103 77 $9.40 Grou III c $26.37 103 77 $9.40 Grou IV c $26.49 iO3 77 $9.40 � Fringe Benefit Percentage is of the Basic Houriy Rate For additional information regarding the application of the Marble Finisher,Terraao Finisher and Tile Finisher see the Labor and Industrial Relations Commission Order of June 10,2014,in the Matter of Objection Nos.006-121. *'Annual I ncremental I ncrease 'SEE POOTNOTE PAGE ANNUAL WAGE OROER NO.2a 71114 . Buiiding Construction Rates for REPLACEMENT PAGE Section 016 � CAPE GIRARDEAU County Foo�notes j asic ver- � OCCUPATIONAL TITLE " Date of Houriy Time Holiday Total Fringe Benefits j Increase Rates Schedule Scheduie I I ! I i I 'Welders receive rate prescribed for the occupaiional title perForming operation !o which welding is incidental. Use Buiiding Construction Rates on Buiiding construction in accordance with the classifications of construction work established in 8 CSR 30-3.040(2). Use Heavy Construction Rates on Highway and Heavy construction in accardanc�wit� :he classifications of construction work established in 8 CSR 30-3.040(3). a-Vacation: Employees over 5 years-8%; Employees under 5 years-6% *`b-Aii uvork over$7 Million Totai Mechanical Contract-$35.75, Fringes-$26.68 A!i work under$7 Million Total Mechanical Contraci-$34.41, Fringes-$21.�J c-Group I: Projects over$3 3/4 Miilion -$26.22 Projects under$3 3/4 Miilion-$22.72 . Group II: Projects over$3 3/4 Million -$26.38 Projects under$3 3/4 Million-$22.88 Group lil: Projects over$3 3/4 Miilian -$26.37 Projects under$3 3/4 Million-$22.87 Group IV: Projects over$3 3/4 Million -$26.49 Projects under$3 3/4 Miliion-$22.99 *"Annual Incremental Increase ANNUAL WAGE ORDER NO.21 �/ia . REPLACEl�IENT P�GE CAPE GIRARDEAU COLTN'I'Y ' BL�.DL�iG CONSTRUCTION OVERTI��SCHEDLZE FED: Minimum requirement per Fair Labor Standards Act means time and one-half(1 '/�) shail be paid for all work in excess of fort�(40) hours per work weelc. NO. 15: Means the regular workirg day shail be scheduled to cansist of at least eight (8) hours, bui no more than ten (10) consecutive hours, exciusive of 'the luncn period. The regular working day may be scheduled to commence at any time between the hours of 5:00 a.m. and 10:00 a.m. All woric performed in exc�ss of forty (40) hours in one work week, or in excess of ten (10) hours in one work day shall be paid at the rate of one and one-haif(1'/�) times the regular hourly wage scale. Any work pe�-formed on a Saturday shall be paid for at the rate of one and one-half(1'/2) times the regular hourfy wage scale un9ess such S�!urday woric falls under the category of Saturday Make-Up Day. Any work performed by Employees anywhere on Sunday or recognized holidays, shall be paid for at the rate of double (2) time the reguiar wage scale. If, during the course of a work week, an Employee is unable to work for any reason, and, as a result, that Employee has not accumulated forty (40} hours of compensable time at the straight time rate, the Empioyer, at his option may offer the Empioyee the oppertunity to woric on Saturday at straight time; provided, however, if dunng the period worked by said Empioyee on Saturda�, the Employee's campensabie time at the straight time rate exceeds fo�y (40) hours, ali time woriced in excess of the forty (40) hours wiil be paid at the rate of one and one-half(1 Yz)times the reguiar houriy wage scale. NO. 22: Means a regular work weelc or forty (40) hours wiil start on Monday and end on Friday. The reguiar work day shall be either eight{8) or ten (10i hours. ff a crew is prevented from working forty (40) hours Monday through Friday, or any part thereof by reason of incfement weather, Saturday or any part thereof may be worked as a make-up day at the straight time rate. Empioyees whc are part of a regular crew on a make-up day, notwithstanding the fact that they may not have besn employed the entire weelc; shall work Saturday at the straight time rate. A workday is to begin beiween 6:00 a.m. and 9:00 a.m. However, the project starting time may be advance� or delayed if mutually agreed to by the interest parties. For ail 'time wcrice� on recngnized holidays, or days ebserved as such, double(2)time shall be paid. NO. 26: Means that the regular wo�cing day shall consist of eight (8) hours worked beiween 6:00 a.m., and 5:00 p.m., five (5) days per week, Monday to Friday, inclusive. Hours of work at each jobsite shall be those established by the general contractor and worked by the majority of trades. (The above working hours may be changed by mutual agreement). Work performed cn Canstruction Work on Saturdays, Sundays and before and after the regular working day on Monday to Ffl�By, inciusive, shall be ciassified as overtime, and paid for at double (2) the rate of sinale time. The employer may estaolis� hours worlced on a joi�site for a four (4) ten (10) nour day work wesk at straight time pay�for construction work; the reguiar working day shail cansist of ten (10) hours worked consecutively, between 6:C0 a.m. anc 6:00 p.m., four(4) days per week, Monday to Thursday, inclusive. Any work performed on Friday, Saturday, Sunday and holidays, and before and after the re�uiar working day on Monday to Thursday where a four (4) ten (10) hour day workweek has 5een established, wiil be paid at two times (2) the singie time rate of pay. The rate of pay for all work performed on holidays shall be at two times (2)the singie time rate of pay. NO. 32: The regular working day shall consist of seven and one-half(7%) hours of labor on the job between eight (8) a.m. and four (4) p.m. and the regular working week shail consist of five (5) consecutive seven and one-hatF (7'/z) hour day's of labor on the job beginning with Monday and ending with Friday of each week. The normal work week is 37'/ hours. 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. All work performed during regular work hours on Saturdays shali be paid at time and one-half(1-1/2). All work performed outside of regular working hours and performed during the regular work week, shall be at double (2) times the regular rate, except that the first two (2) hours following the regular worlc day shali be paid at one and one-half (1YZ) times the regular rate. And, a flexible starting time as earfy as 7:00 a.m. may be implemented when mutuaily agreed upon by the interested parties. An early starting time of 6:00 a.m. may be used during summer months to avoid excessive afternoon temperatures. This earfy starting time to be used when mutually agresd upon by the interested parties. SHIFT RATE: Shift work would start after 4:00 p.m. to 6:00 a.m. The first 7'/z hours would be at 115% of the basic wage rate. Overtime Monday through Friday would be at 1 '/ of base shift rate. Saturday first 7 '/ hours of work — 1'/ of base shift rate. Saturday — work after 7'/ hours — 2 times the basic wage rate. Sunday and. Holidays—2 times the basic wage rate. All work performed on recagnized holidays and Sundays shall be paid double(2) time. Appropriate overtime rates to be based on fifteen minute increments. NO. 33: Means the standard work day and week shall be eight(8) consecutive hours of work between the hours of 6:00 a.m. and 6:00 p.m., excluding the lunch period Monday through Friday, or shall conform to the practice on the job site. Four (4) days at ten (10) hours a day may be worked at straight time, Monday through Friday and need not be consecutive. All overtime, except for Sundays and hoiidays shall be at the rate of time and one-half (1Yz). Overtime worked on Sundays and holidays shall be at double(2)time. AW021 016 OT inl.doc ANNLJAL WAGE ORDERNO.21 Page 1 of 5 • ' R.EPLACEME�TT PAGE CAPE GIRARDEALT COiJ�iTY ' BtiII,DING CONSTRUCTION OVERTIlYIE SCHEDULE NO. 44: Means forty (40) hours shall constitute a work wesk, Monday through Friday. Eight(8) hours shall constitute a work day. Hours of work shail be between the hours of 7:00 a.m. and 4:30 p.m. All work performed before 7:00 a.m. and affer 4:30 p.m. and ali work performed in excess of eight (8) hours in any one work day, over forty (40) hours in any work week and the first eight (8) hours of work on Saturday, shail be paid at the rate of one and one-haif (1Yz) times the regular rate of pay. Ail hours worked in excess of eight (8) hours on Saturday, ail hours worked on Sunday and on holidays, or days that may be celebrated as such, and as designated by the federal govemment, shall be paid at two (2) times the regular rate of pay. All shifts for work performed between the hours of 4:30 p.m. and 1:00 a.m. shail receive eight (8) hours pay at the reguiar houriy rate of pay plus two dollars ($2.00) per clock hour. All work performed between the hours of 12:30 a.m. and 9:00 a.m. on a third shift shall receive eight (8) hours pay at the regular hourly rate plus four dollars {$4.00) per clock hour. All overtime work required after the completion of a regular shift shall be paid at one and one-half times (1'/�x)the"shifY'houriy rate. NO.49: Means eight (81 hours shall constitute a day's woric to begin at 8:00 a.m. and end at 4:30 p.m. The starting time may be advanced one (1) hour or two (2) hours. Employees shall receive time and one-half (1'/z) for all time they are required to work before 8:00 a.m., during tfie lunch period or after 4:30 p.m. unless the starting time is advanced as provided above. Forty (40) hours shall constitute a week's work, Monday through Fnday. If an Employer is prevented from working forty(40) hours, Monday through Friday, or any part thereof by reason of inclement weather(rain or mud), Saturday or any part thereof may be worked as a make-up day at the straight time rate. However, in the event that the laborer working such make-up day is assisting another craft drawing overtime pay, the laborer shall received the same overtime muitipie as the craft assisted. The Empioyer shall have the option of working five (5)eight(8) hour days or four (4)ten (10) hour days Monday through Friday. If an Employer elects to work five (5)eight (8) hour days during any woric week, hours worked more than eight(8) per day or forty(40) per week shall be paid at time and one-half(1 Yz)the houriy rate Monday through Friday. If an Employer elects to work four(4)ten (10) hour days in any week,work performed more than ten (10) hours per day cr forty (40) hours per week shall be paid at time and one-half (1'/) the hourly rate Monday through Friday. if an Empioyer is working ten (10) hour days and loses a day due to inclement weather, he may woiic ten (10) hours Friday at straight time. However, in the event that the laborer working any such make-up day is assisting another craft drawing overtime pay, the laborer shall receive the same overtime multiple as the craft assisted. if workmen are required to work recognized holidays or days observed as such, or on Sunday, they shall receive double (2) the regular rate of pay for such work. Projects that cannot be performed during regular workday: If required by owner, the contractor may pe;-Form work outside the normal wcrk hours and empioyees shail be paid appiicabie straight time hourly wage rate pius a premium of fifity cents ($.50)per heur for the first eight(8)hours worked. Any hours worked in excass of eight (8) hours shall be paid at the appiicabie overtime rate plus the fifty cent ($.50) per hour premium. Shift work: The Employer may elect to work one (1), two (2) or three (3) shifts on any work. When two (2) or more shifts are worked on any operation, the first shift or day shift will consists of eight (8) hours exclusive for lunch time; the second shift or swing shift shall consists of eight (8) hours work for eight and one-haif (8'/z) hours pay, exclusive of lunch time; the third or graveyard shift shall consist of eight(8) hours work for nine(9)hours pay exclusive of lunch time. NO. 62: Means eight (S) hours shall constitute a working day between 7:00 a.m. to 3:30 p.m. or from 8:00 a.m. to 4:30 � p.m. exclusive of a one-hatf (Yz) hour lunch break. Monday through Friday shall constitute the regular work week. Starting and quitting time may be moved up or set back where conditions warrant; however, a notification for each project must be made prior to working 4-10's. All time over the regular work day as defined and all hours worked on Saturday shall be paid at the rate of one & one-half (1 Yz) the reguiar rate of wages. If a job can't work forty (40) hours Monday through Friday because of inclement weather, Friday(if working 4-10's) or Saturday (if working 5-8's), may be worlced as a make-up day at straight time. In the event that Friday (if working 4-10's) or Saturday (if woricing 5-8's) is utilized as a workday, any employee that has been absent from work during the week shall be paid the straight time rate until such time that the employee has eamed forty (40) hours of straight time pay. If any employee is required to work recognized holidays or days observed as such, or on Sunday, they shall recefve double{2)the regular rate of pay for such work. AW021 416 OT inl.doc ANNTJAL WAGE ORDER NO.21 Page 2 of 5 REPLACEMENT PAGE CAPE GIRARDEAU COUNTY - BUII.,DING CONSTRUCTION OVERTII�i IE SCHEDUI,E NO. 75: Means the standard work day shail consist of eight (8) hours of work befwesn the hours of 8:00 a.m. or C.S.T. or C.D.S.T. and 4:30 p.m., with a thirty(30) minute unpaid lunch period occurring in the middle of the shift. The standard workwesk shall consist of five standard workdays commencing on Monday and ending on Friday, inclusive. The normal starting and quitting times may be changed by mutual consent of interested parties. All time worked before and after the established eight (8) hour work day, Monday through Friday, and all time worked on Saturdays, shail be paid for at the rate of one and one-half times the hourly base wage rate in effect. All time worked on Sundays and on recognized holidays shail be paid for at the rate of double the hourly base wage rate in effiect. In a woric day provided a job runs at least four(4)working days, a ten (10) hour per day, four(4) days per weelc work schedule may be utiiized. Ten (10) hours work per day shall constitute a day's work, forty (40) hours a wesk, Monday through Thursday, exclusively, shall constitute a week's work. The normal starting time of said day shall be between 6:30 a.m. and 8:30 a.m. The normal quitting time shall be ten and one-half (10'/) hours after the starting time. A thirky (30) minute unpaid lunch shall occur in the middie of the day. The normal starting and quitting times may be changed by mutual consent of the interested parties. Provided a job runs at least four (4)working days and in the event, the job is shut down for eight (8) hours or more in one (1) work day Monday through Thursday due to inclement weather at the job site, then, at the option of the employer, Friday of the same work week may be worked as a makeup day. The Friday makeup day wiil be_considered identical in start and stop times as a ten (10) hour work day, (even if some overtime occurs or should ten (10) hours be lost to inclement weather), it would be worked as all other work days. NO. 81: Means a workday of eight (8) hours, beginning at 8:00 a.m., Monday through Friday shall constitute a forty(40) hour work week. Ail time over the eight (8) hour day as above defined and all hours worked on Saturday shail be paid at the rate of one and one-half(1'/�)the reguiar rate of wages. If workmen are required to work the recagnized holidays or days observed as such, or on Sunday, they sfiall receive double(2)the regular rate of pay for such work. NO. 82: Means the work day shall consist of eight (8) hours worked between 7:00 a.m. and 4:30 p.m. Forty (40) hours will constitute the work week from Monday through Friday, inclusive. Up to four (4) hours of overtime woric per day performed before or after the assigne�l normal work day, (twelve (12) continuous hours, starting no earfier than 6:00 a.m., Monday through Friday), shall be paid at a rate of one and one-half times (1.5x) that employee's hourly rate. Any additionai overtime, Monday through Friday, shall be paid at two times (2x)the regular rate of pay. The first eight hours of overtime work on Saturday shall be paid at the rate of one and one-half times (1.5x) the regular rate of pay. Hours worked in excess of eight (8) hours on Saturday shail be paid at two times (2x) the reguiar rate of pay. Double time shall be paid for work performed on Sundays, recognized legal holidays or days that may be celebrated as such as designated by the federal govemment. All shifts for wo.rk performed beiween the hours of 4:30 p.m. and 1:00 a.m. shall be paid at the reguiar houriy rate plus two doliars ($2.00) per clock hour. All shifts for work performed between the hours of 12:30 a.m. and 9:00 a.m. shall be paid at the regular hour rate plus four dollars ($4.00) per clock hour. All overtime work required after the completion of a regular shift shall be paid at one and one-half times (1.5x) the "shift" houriy rate. NO. 86: Means the regular work week shall consist of five (5)days, Monday through Friday, beginning at 8:00 a.m. and ending at 4:30 p.m. The regular work day beginning time may be advanced one or two hours or delayed by one hour. However, the Employer may have the option to schedule his work week from Monday through Thursday at ten (10)hours per day at the straight time rate of pay with all hours in excess of ten (10) hours in any one day to be at the applicable overtime rate. If the Employer elects to work from Monday through Thursday and is stopped due to circumstances beyond his control, inclement weather or holiday, he shali have the option to work Friday at the straight time rate of pay to complete his forty (40) hours. If an employee declines to work Friday as a make-up day, he shall not be penaiized. Ail overtime work perfo�med on Monday through Saturday shall be paid at time and one-half(1'/)of the hourly rate plus an amount equal to one-half (Yz) of the hourly Total Indicated Fringe Benefits. All work performed on Sundays and recognized holidays shail be paid at double (2) the hourly rate plus an amount equal to the houriy Total Indicated Fringe Benefits. NO. 89: Means the normal worlcwesk shall consist of five(5)eight(8) hour days for a total of forty(40) hours, starting on Monday at 8:00 a.m. and e�ding on Friday at 4:30 p.m. The starting time can be flexible between 6:00 a.m. and 8:00 a.m. and ending at 2:30 p.m. or 4:30 p.m. respectively. All work before designated starting time and after quitting time shall be paid for at the rate of time and one-half(1%) . An overtime rate of time and one-half(1'/) the base houriy rate shall be paid on all hours in excess of eight(8)hours in a day Monday through Friday. Saturdays, Sundays and Holidays shall be paid for at the rate of double (2) time. Any work started after 12:00 midnight 5unday, will be ciassified as time and one-half(1'/z)up to the legal starting time on Monday. AW021 016 OT inl.doc ANNIJAL WAGE ORDER N0.21 Page 3 of 5 REPLACEI�IENT PAGE CAPE GIRARDEAU COUNTY � BLTII�DI�i tG CONSTRUCTION OVERTr1VIE SCHEDULE NO. 90: Means eight(8) hours shaii constitute a day's work between the hours of 7:00 a.m.to 5:00 p.m. from Monday tc Friday, inclusive. The work week shail be forty (40) hours, Monday through Friday. Any work in excess of forty (40j hours in one week shall be paid at tfie applicabie overtime rate. At the Employer's option the work week can consist of five (5)eight (8) hour days or four(4)ten (10) hour days. In case of bad weather, or equipment breakdown, Friday may be used as a make-up day if fonr tens are being worked. If five eights are being worked, Saturday may be used as a make-up day. If the Empioyer wo�five eight hour days, ail time over eight hours in one day wiil be paid at the overtime rate. If the Empioyer works four ten hour days, all time over ten hours per day will be paid at the overtime rate. lime and one-half(1 Yz)shall be paid for the first iwo (2) hours of overtime work on any regular worfc day and any work performed before regular starting time and after regular quitting time and for the first ten (10) hours on Saturday. All work in excess of ten {10) hours regular work day and ten (10) hours on Saturday and all work performed on Sunday and recognized holidays shall be double(2)time. NO. 91: Means eight (8) hours shail constitute a day's woric commencing at 7:00 a.m. and ending at 3:30 p.m., allowing one-haif('/z) hour for lunch. The option exists for the Employer to use a flexible starting time between the hours of 6:OC a.m. and 9:00 a.m. The reguiar workweek shail consist of forty (40) hours of five (5)workdays, Monday through Friday. The woricweek may consist of four (4)ten (10) hour days from Monday through Thursday, with Friday as a make-up day. If the make-up day is a.holiday, the employee shall be paid at the double (2)time rate. The employees shall be paid #ime and one-haif (1 Y�) for work performed on 5aturdays, before the regular starting time or after the reguiar quitting time or over eight (8) hours per work day (unless woricing a 10-hour work day, then time and one-half (1 Yz) is paid for wo�'+� performed over ten (10) hours a day) or over forty (40) hours per work week. Work performed on Sundays and recognized holidays shali be paid at the double (2)time rate of pay. SHIFT WORK: When it is necessary for the project to operate in shifts, there will be three (3) eight(8) hour shifts commencing at 8:00 a.m. Shift work must continue for � period of not less than three (3) cansecutive wor4c days, two (2) days which must be regular worlc days {Monday through Friday). In the event the secand or third shift of any regular work day shall fail into a Saturday or a hoiiday, s�ch extension into a Saturday or hoiiday shall be considered as part of the previous woricday and employees shail be paid a# the regular shift rate. The first day sh'rft shall work a regular eight(8) hour day at reguiar rates. The second shift shail be eight (S) hours regular time pay pius $2.50 per hour premium for eight (8) hours work. Third shift will be #or eight (8) hours regular time pay plus$3.00 per hour premium for eight{8)hours woric. NO. 92: Means ail work performed from 8:00 a.m.to 4:30 p.m., Monday through Friday,will be at straight time pay up to forty{40) hours per we�k. All work performed Monday through Friday before 8:00 a.m. and after 4:30 p.m.wiil be dor,e a# time and one-hatf (1'/). All worlc done on Saturday will be done at time and one-haif (1'/�), unless the empioyer and employee agree that Saturday shall be used as a make-up day. The Emoloyer may use a flexible starting time of 7:00 a.m. to 8:00 a.m., and quitting time of 3:30 p.m. to 4:30 p.m., and any such different work sta�ting time �hail determine whether wages are payabie at the straight rate or the premium rate. All work performed on Saturday shali be paid for at time and one-haif (1'/z), unless the Saturday has been used as a make-up day. All work performed on Sunday and holidays shall be paid for at the rate of double(2)time. NO. 103: Means a regular workweek of forty (40) hours wiil start on Monday and end on Friday. The regular work day shall be either eight(8) or ten (10) hours. If a crew is prevented from working forty(40) hours Monday through Friday, or any part thereof by reason of inciement weather, Saturday or any part thereof may be woriced as a make-up day at the straight time rate. Empioyees who are part of a regular crew on a make-up day, notwithstanding the fact that they may not have been empioyed the entire week, shall work Saturday at the straight time rate. A Workday is to begin between 6:00 a.m. and 9:00 a.m. However, the project starting time may be advanced or delayed if mutually agreed to by the interested parties. For all time worked on recognized hoiidays, or days observed as such, doubie(2)time shall be paid. NO. 104: Means eight (8) hours per day shall constitute a standard work day between the hours of 6:00 a.m. and 8:00 p.m. The standard work week shall be forty (40) hours between 6:00 a.m. on Monday and ending 8:00 p.m. on Friday. An overtime rate of time and one-half(1'/)the base houriy rate shall be paid on all hours in excess of eight(8)hours in a day Monday through Friday. Saturdays shall be considered overtime and work done on Saturday shall be paid at time and one-half(1%)the prevaiiing scale. Sundays and holidays shall be considered overtime and work done on these days shall be paid at double(2)the prevailing scale. AW021 016 OT inl.doc ANNUAL WAGE ORDER NO.Z1 Page 4 of 5 1tEPLACEMENT PAGE CAPE GIl2ARDEAti COU�iTY ' BtiII.DLiiG CONSTRL'CTION OVERTIlYIE SCHEDtiI,E NO. 106: Means the normai work week shall consist of five (5j eight (8) hour days for a total of forty (40) hours, starti�g on Monday at 8:00 a.m. and ending on Friday at 4:30 p.m. The starting time can be flexible between 6:00 a.m. and 8:00 a.m., and ending at 2:30 p.m. or 4:30 p.m. respectively. All work before the designated starting time and after the quitting time shall be paid for at the rate of time and one-half(1'/z). An overtime rate of time and one-half (1'/z) the base houriy rate shail be paid on all hours in excass of eight (8) hours in a day Mcnday through Friday. Any woric started after 12:00 ____lnidnight Sunday, wiil be classified as 6me and one-half (1 Y) up to the le�al starting time on Monday. Saturdays, Sundays and Holidays shall be paid for in the rate of double(2)time the preva;iing scale. � NO. 120: Means five (5) eight (8) hour days shall constitute a day's work, Monday through Friday inclusive. Eight (8) hours shall constitute a reguiar days' work between the hours of 8:00 a.m. and 4:30 p.m. and forty (40) hours shall constitute a regular work wesk from Monday through Friday. Ali time worked in excess of eight (8) hours per day or forty (40) hours per week shail be paid overtime at the rate of time and one-half. A four (4) ten (10) hour day wor!< schedule may be worked Monday through Thursday or Tuesday through Friday. Overtime shall be paid cnly after te^ (10) hours per day or forty(40) hours per week. Doubie (2) time will be p2id for all work done on Sundays ana lega! holidays. _- NO. 121: Means the regular work day shall be either eight (8) or ten {10) hours. The regular work week shall start on Monday and end on Friday, except where the Empioyer elects to work Monday thrcugh Thursday, ten (10) hours per day, All work over eight(8)hours per day(if working five eight hour days)and ten (10)hours per day(if working four ten hours days) and over forty (40) hours per week shall be paid at time and one-haif(1'/)the reguiar rate of pay. If a job cannot work forty (40) hours Monday through Friday because ofi incfement weather or other canditions beyond the controi of the Employer, Friday or Saturday may be worked as a make-up day at straight time(if working four ten hour days). Saturday may be worked as a make-up day at straight time (if working five eight hour days). Make-Up days shall not be utiiized fcr days lost because of Holidays. Ali work performed on Sundays and HoiiCays shall be paid for at two (2)times the reguiar straight time rate of pay. NO. 126: Means eight(8) hours per day shail canstitute a day's work and forty (40) hours per week, Monday through Friday, shall cons#itute a week's work. The regular starting time shall be 8:00 a.m. If a second or third shift is used, the regular starting time of the second shift shail be 4:30 p.m. and the reguiar sta�ting period for the third shift shail be 12:30 a.m. These times may be adjusted by the employer. The day shift shall work a regular eight (8) hours shifi� as outlined above. Empioyees working a second shift shall receive an additionai $�.25 above the regular hourly rate and perform seven and one-half(7'/) hours work for eight (8) hours pay. Third shirt employees shall be paid an additionai $0.50 above the regular houriy rate and work seven (7) hours for eight (S) hours pay. When circumstances warrant, the Employer may change the reguiar workweek to four(4)ten-hour days at the reguiar time rate of pay. All time worked before and after the established workday of eight (8) hours, Monday through Friday, and all time worked on Saturday shall be paid at the rate of time and one-half(1'/�) except in cases where work is part of an employee's regular Friday shift. All time worked on Sunday and recognized holidays shall be paid at the doubie (2) time rate of pay except in cases where work is part of an employee's previous day's shift. For all overtime hours worked $27.96 of the fringe benefits portion of the prevailing wage shall be paid at the same overtime rate at which the cash portion of the prevailing wage is to be paid. The remaining $1.24 of the fringe benefit portion of the prevailing wage may be paid at straight time. AW021 016 OT inl.doc ANNIJAL WAGE ORDER NO.21 Page 5 of� REPLACElYIE1�tT P:�GE CAPE GIRARDEr,U COLiYTY r B�;I'II.,DIlV"G CONSTRUCTION OVERTIi1�SCHEDULE FED: Minimum requirement pe� Fair Labor Standards Act means time and one-half(1 '/z) shall be paid for all work in excess of forty(40) hours per work week. NO. 15: Means the regular woricirg day shall be scheduled to cansist of at least eight (8) hours, but no more than ten (10) consecutive hours, exclusive of the lunch penod. The regular working day may be scheduled to commence at any time between the hours of 5:00 a.m. and 10:00 a.m. All wor{c performed in excess of forty (40) hours in or.e wrnrJc�veek, or in excess of ten (10) hours in one wor{c day shall be paid at the rate of one and one-half(1%2) times the regular hourly wage scale. Any wori� performec on a Saturday shall be paid for at the rate of one and one-haif(1'/2) times the regular hourly wage scale uniess such Saturday work falis under the category of Saturday Make-Up Gay. Any work perfoRned by Employees anywhere on Sunday or recognized holidays, shall be paid for at the rate of double (2) time the reguiar wage scale. If, during the course of a work week, an Employee is unable to work for any reason, and, as a result, that Employee has not accumuiate� forty(40) hours of compensable time at the straight time rate, the Employer, at his opticn may offer the Employe� the opocrturity to work on Saturday at straight time; provided, however, if dunng the period worked by said Employee en 8aturday, the Empioyee's compensable time at the straight time rate exceads fory (401 hours, ail time woriced in excess of the forty{40) hours will be paid at the rate of one and one-half(1'/z)times the re�ular hourly wage scaie. NO. 22: Means a regular work week of fcrty (40) hours wiil start on Monday and end on Friday. The reguiar woric.day shall be either eight(8) or ten (10) hours. If a crew is prevented from working forty (40) hours Monday through Friday, or any part thereof by reason of inclement weather, Saturday or any part thereof may be worked as a make-up day at the straight time rate. Empioyees whe are part of a regular crew on a make-up day, notwithstanding the fact that they may not have been empioyed the entire week, shall work Saturday at the straight time rate. A workday is to begin between 6:00 a.m. and 9:00 a.m. However, the project starting time may be advanced or delayed ifi mutually agreed to by the interest parties. For ail time worked on recagnized holidays, or days obs�rved as such, doubie (2)time shail be paid. NO. 26: Means that the reguiar working day shail consist of eight (8) hours worked betwesn 6:00 a.m., and 5:00 p.m., five (5) days per week, Monday to Friday, inclusive. Hours of work at each jobsite shall be those estabiished by the general contractor and worked by the majority of trades. (The above working hours may be changed by mutual agreement). Work performed on Construction Work on Saturdays, Sundays and before and after the regular woricing day on Monday to Friday, inciusive, shall be ciassified as overtime, and paid for at double (2) the rate ef single time. The employer may establish hours worked on a jobsite for a four (4) ten (10) hour day work week at straight time pay for construction work; the reguiar working day shail cansist of ten (10) hours woriced consecutiveiy, between 6:00 a.m. and 6:00 p.m.,fiour(4)days per wesk, Monday to Thursday, inclusive. Any work performed on Friday, Saturday, Sunday and holidays, and before and after the regular working day on Monday to Thursday where a four (4) ten (10) hour day workweek has besn established, wiil be paid at two times (2) the single time rate of pay. The rate of pay for ail woric performed on holidays shall be at two times (2)the single time rate of pay. NO. 32: The regular working day shail consist of seven and one-haif(7'/z) hours of labor on the job between eight (8) a.m. and four (4) p.m. and the regular working week shall consist of five (5) consecutive seve� and one-half (7'/) hour da�s of labor on the job beginning with Monday and ending with Friday of each week. The normal work week is 37% hours. All full-time or part-time labor performed during such hours shall be recognized as regular working hours and paid for at the regular houriy rate. Ail work performed during regular work hours on Saturdays shali be paid at time and one-half(1-1/2}. All work performed outside of regular working hours and perforrned during the regular work wesk, shall be at double (2) times the regular rate, except that the first two (2) hours following the regular work day shall be paid at one and one-half (1Yz) times the regular rate. And, a flexible starting time as early as 7:00 a.m. may be impiemented when mutually agreed upon by the interested parties. An eariy starting time of 6:00 a.m. may be used during summer months to avoid excessive afternoon temperatures. This early starting time to be used when mutuaily agreed upon by the interested parties. SHIFT RATE: Shift work wouid start after 4:00 p.m. to 6:00 a.m. The first 7'/ hours wouid be at 115% of the basic wage rate. Overtime Monday through Friday would be at 1 '/ of base shift rate. Saturday first 7 '/z hours of work — 1'/z of base shift rate. Saturday — work after 7Y2 hours — 2 times the basic wage rate. Sunday and Hotidays—2 times the basic wage rate. All work performed on recognized holidays and Sundays shall be paid double (2) time. Appropriate overtime rates to be based on fifteen minute increments. NO. 33: Means the standard work day and week shall be eight (8)consecutive hours of work between the hours of 6:00 a.m. and 6:00 p.m., exciuding the lunch period Monday through Friday, or shall conform to the practice on the job site. Four (4) days at ten (10) hours a day may be woriced at straight time, Monday through Friday and need not be consecutive. All overtime, except for Sundays and holidays shail be at the rate of time and one-half (1'/z). Ove�time worked on Sundays and holidays shail be at double (2)time. AW021016 OT inl.doc ANNLJAL WAGE ORDERNO.21 Page 1 of 5 . REPLACE'V�NT PAGE CAPE GIRARDEAL'COUNTY • BUII,D�iG CONSTRUCTION OVERTTVi�SCHEDL'LE NO. 44: Means forty (40) hours shall constitute a work wesk, Monday through Friday. Eight (8) hours shail canstitute a woric day. Hours of work shall be betwesn the hours of 7:00 a.m. and 4:30 p.m. A!I work perfoRned before 7:00 a.m. and affer 4:30 p.m. and aii work performed in excess of eight (8) hours in any one work day, over forty (40) hours in any work week and the first eight (8) hours of work on Saturday, shail be paid at the rate of one and one-half (1'/z) times the reguiar rate of pay. All hours worked in excess of eight_(8) hours_on Saturday, all hours worked on Sunday and on holidays, or days that may be celebrated as such, and as designated by the federal government, shall be paid at two (2) times the regular rate of pay. All shifts for work performed between the hours of 4:30 p.m. and 1:00 a.m. shafl receive eight (8) hours pay at the regular hourly rate of pay pius two doliars ($2.00) per clock hour. All work performed between the hours of 12:30 a.m. and 9:00 a.m. on a third shift shall receive eight (8) hours pay at the regular hourly rate pius four dollars ($4.00)per clock hour. All overtime work required after the compietion of a regular shift shall be paid at one and one-haif times (1 Y�x)the"shift" hourly rate. NO. 49: Means eight(8) hours shall c,anstitute a day's woric to begin at 8:00 a.m. and end at 4:30 p.m. The starting time may be advanced one (1) hour or two (2) hours. Employees shall receive time and one-half(1'/) for all time they are required to work before 8:00 a.m., during the lunch period or after 4:30 p.m. unless the starting time is advanced as provided above. Forty (40) hours shall constitute a week's work, Monday through Friday. If an Employer is prevented from working forty (40) hours, Monday through Friday, or any part thereof by reason of inclement weather(rain or mud), Saturday or any part thereof may be worked as a make-up day at the straight time rate. However, in the event that the laborer working such make-up day is assisting another craft drawing overtime pay, the laborer shall received the same overtime multiple as the craft assisted. The Employer shall have the option of working five (5)eight(8) hour days or four (4)ten (10) hour days Monday through Friday. !f an Employer elects to work five (5)eight (8) hour days during any work week, hours worked more than eight(8) per day or forty (40) per week shall be paid at time and one-haif(1'/) the houriy rate Monday through Friday. If an Empioyer elects to work four(4)ten (10) hour days in any wesk, work performed more than ten (10) hours per day or forty (40) hours per week shail be paid at time and one-#�alf(1'/) the hourly rate Monday through Friday. If an Employer is working ten (10) hour days and loses a day due to inclement weather, he may work:en (10) hours Friday at straight time. However, in the event that the laborer working any such make-up day is assisting another craft drawing overtime pay,the laborer shall receive the same overtime multiple as the craft assisted. If workmen are required to work recognized holidays or days observed as such, or on Sunday, they shall receive double (2) the regular rate of pay for such work. Projects that cannot be performed during regular workday: If required by owner, the cantractor may perform work outside the normai �Nork hours and empioyees shall be paid applicable straight time houriy wage rate pius a premium of fifty cents ($.50)per hour for the first eight(8) hours worked. Any hours worked in excess of eight (8) hours shall be paid at the applicable overtime rate plus the fifity cent ($.50) per hour premium. Shift work: The Employer may elect to work one (1), two (2) or three(3) shifts on any woric. When two (2) or more shifts are worked on any operation, the first shift or day shift wiil consists of eiglit (8) hours exclusive for lunch time; the second shift or swing shift shail consists of eight (8) hours work for eight and one-half (8'/�) hours pay, exclusive of lunch time; the third or graveyard shift shall consist of eight(8) hours work for nine(9)hours pay exclusive of lunch time. NO. 62: Means eight (8) hours shall constitute a working day between 7:00 a.m. to 3:30 p.m. or from 8:00 a.m. to 4:30 p.m. exclusive of a one-haif ('/) hour lunch break. aVlonday through Friday shall constitute the regular work week. Starting and quitting time may be moved up or set back where conditions warrant; however, a notification for each project must be made prior to working 4-10's. All time over the regular work day as defined and all hours worked on Saturday shall be paid at the rate of one & one-half (1'/z) the regular rate of wages. If a job can't work forty (40) hours Monday through Friday because of inciement weather, Friday(if working 4-10's) or Saturday(if working 5-8's), may be worlced as a make-up day at straight time. In the event that Friday (if working 4-10's) or Saturday (if working 5-8's) is utilized as a workday, any employee that has been absent from work during the week shall be paid the straight time rate until such time that the employee has earned forty (40) hours of straight time pay. If any employes is required to work recognized holidays or days observed as such, or on Sunday, they shall receive double(2)the regular rate of pay for such work. AWO21 016 OT inl.doc ANNiJAL WAGE ORDERNO.21 Page 2 of 5 REPLACEMENT PAGE CAPE GIRARDEAU COUNTY � BUII.,DING CONSTRUCTION OVERTIl�SCHEDUZE NO. 75: Means the standard work day shall consist of eight (8) hours of work between the hours of 8:00 a.m. or C.S.T. o�C.D.S.T. and 4:30 p.m., with a thirty (30) minute unpaid lunch period occurring in the middle of the shift. The standard workweek shall consist of five standard workdays commencing on Monday and ending on Friday, inclusive. The normal starting and quitting times may be changed by mutual consent of interested parties. All time worked before and after the established eight (8) hour work day, Monday through Friday, and ail time worked on Saturdays, shall be paid for at the rate of one and one-half times the hourly base wage rate in effect. Ali time worked on Sundays and on recagnized holidays shall be paid for at the rate of doubie the hourly base wage rate in effect. In a work day provided a job runs at least four (4)working days, a ten (10) hour per day, four (4) days per week work schedule may be utilized. Ten (10) hours work per day shali constitute a day's work, forty (40) hours a week, Monday through Thursday, exclusively, shall constitute a week's work. The normal starting time of said day shall be between 6:30 a.m. and 8:30 a.m. The normai quitting time shall be ten and one-haif (10'/) hours after the starting time. A thirty (3C) minute unpaid lunch shall occur in the middle of the day. The normal starting and quitting times may be changed by mutual consent of the interested parties. Provided a job runs at least four(4)working days and in the event, tfie job is shut down for efght {8) hours or more in one (1)work day Monday through Thursday due to inc3ement weather at the job site, then, at the option of the employer, Friday of the same work week may be worked as a makeUp day. The Friday makeup day wiil be considered identical in start and stop times as a ten (10) hour work day, (even ifi some overtime occurs or shouid ten (10) hours be lost to inciement weather), it would be worked as ail other work days. NO. 81: Means a workday of eight (8) hours, beginning at 8:00 a.m., Monday through Friday shall constitute a forty(40) hour work week. All time over the eight(8) hour day as above defined and all hours worked on Saturday shall be paid at the rate of one and one-haif(1'/z) the regular rate of wages. If workmen are required to work the recognized hoiidays or days observed as such, or on Sunday, they shall receive double(2)the regular rate of pay for such work. NO. 82: Means the work day shail consist of eight (8) hours worked between 7:00 a.m. and 4:30 p.m. Forty (4C) hours will constitute the work week from Monday through Friday, inciusive. Up to four (4j hours of overtime work per day performed before or after the assigned normai work day, (finrelve (12) cantinuous hours, starting no eariier than 6:00 a.m., Monday through Friday), shall be paid at a rate of one and one-half times (1.5x) that employee's houriy rate. Any additional overtime, Monday through Friday, shall be paid at two times (2x)the regular rate of pay. The first eight hours of overtime work on Saturday shall be paid at the rate of one and one-half times (1.5x) the regular rate of pay. Hours worked in excess of eight (8) hours on Saturday shall be paid at two times (2x) the regular rate of pay. Double time shali be paid for work perfoRned on Sundays, recognized legal holidays or days that may be celebratee as such as designated by the federal govemment. All shifts for wo.rk performed between the hours of 4:30 p.m. and 1:00 a.m. shall be paid at the regular houriy rate plus two doilars ($2.00) per clock hour. All shifts for work performed between the hours of 12:30 a.m. and 9:00 a.m. shall be paid at the regular hour rate plus four dollars ($4.00) per ciock hour. All overtime work required after the completion of a regular shift shail be paid at one and one-half times (1.5x) the"shift' houriy rate. NO. 86: Means the regular work week shall consist of five (5) days, Monday through Friday, beginning at 8:00 a.m. and ending at 4:30 p.m. The regular work day beginning time may be advanced one or two hours or delayed by one hour. However, the Empioyer may have the option to schedule his work week from Monday through Thursday at ten (10)hours per day at the straight time rate of pay with ail hours in excess of ten (10) hours in any one day to be at the appiicable overtime rate. If the Employer elects to work from Monday through Thursday and is stopped due to circumstances beyond his control, inclement weather or holiday, he shall have the option to work Friday at the straight time rate of pay to complete his forty (40) hours. If an employee declines to work Friday as a make-up day, he shall not be penalized. Ail overtime work performed on Monday through Saturday shall be paid at time and one-half(1%z) of the hourly rate plus an amount equal to one-half ('/z) of the hourly Total Indicated Fringe Benefits. All work performed on Sundays and recognized holidays shall be paid at double (2) the houriy rate pius an amount equal to the hourly Total Indicated Fringe Benefits. NO. 89: Means the normai worlcweek shall consist of five (5) eight(8) hour days for a total of forty(40)hours, starting on Monday at 8:00 a.m. and ending on Friday at 4:30 p.m. The starting time can be flexible between 6:00 a.m. and 8:00 a.m. and ending at 2:30 p.m. or 4:30 p.m. respectively. All work before designated starting time and after quitting time shall be paid for at the rate of time and one-half(1Yz) . An overtime rate of time and one-half(1'/z) the base hourly rate shall be paid on all hours in excess of eight(8) hours in a day Monday through Friday. Saturdays, Sundays and Holidays shall be paid for at the rate of double (2) time. Any woric started after 12:00 midnight Sunday, will be classified as time and one-half(1'/)up to the legal starting time on Monday. AR%021 016 OT in l.doc ANNLJAL WAGE ORDER NO.21 Page 3 of 5 REPLACE�IENT PAGE CAPE GIRARDEAU COLT�ITY ° BL?II.DLYG CONSTRUCTION OVERTIN� SCHEDULE NO. 90: Means eight (8) hours shall canstitute a day's work betwesn the hours of 7:00 a.m. to 5:00 p.m. from Monday tc Friday, inclusive. The work week shail be forty (40) hours, Monday through Friday. Any work in excess of forty (401 hours in one week shall be paid at the applicable overtime rate. At the Employer's option the worlc week can consist flf five (5) eight (8) hour days or four (4)ten (10) hour days. in case of bad weather, or equipment breakdown, Friday may be used as a make-up day if four tens are being worked. if five eights are being woriced, Saturday may be used as a make-up day. if the Employer works five eight hour days, all time over eight hours in one day wiil be paid at the overtime rate. if the Employer works four ten hour days, aii time over ten hours per day will be paid at the overtime rate. Time and one-half(1%z) shall be paid for the first two (2) hours of overtime work on any regular work day and any work performed before regular starting time and after regular quitting time and foe the first ten (10) hours on Saturday. All work in excass of ten (10) hours reguiar work day and ten (10) hours on Saturday and all woiic performed on Sunday and recognized holidays shall be doubie(2)time. NO. 91: Means eight (8) hours shall constitute a da�s work commencing at 7:00 a.m. and ending at 3:30 p.m., aliowing one-haif('/) hour fcr lunch. The option exists for the Employer to use a flexible starting time between the hours of S:CO a.m. and 9:00 a.m. The regular worlcwesk shail cansist of forty (40) hours of five (5)workdays; Monday through Friday. - The workweelc may cansist of four(4)ten (10) hour days from Monday through Thursday, with Friday as a mak�up day. If the make-up day is a holiday, the employee shall be paid at the double(2)time rate. The empioyees shall be paid time and one-half (1Yz) for work performed on Saturdays, before the regular starting time or after the reguiar quitting time or over eight (8) hours per work day (unless working a 10-hour work day, then time and one-half (1%z) is paid for work perFormed over ten (10) hours a day) or over forty (40) hours per work week. Woric performed on Sundays and recognized holidays shail be paid at the double(2)time rate of pay. SHIFT WORK: When it is necessary for the project to operate in shifts, there will be three (3) eight (8) hour shifts commencing at 8:00 a.m. Shift work must cantinue for a period of not less than three (3) consecutive work days, two {2) days which must be regular work days (Monday through Friday). In the event the second or third shift of any reguiar work day shall fall into a Saturday or a holiday, such extension into a Saturday cr hoiiday shall be considered as part of the previous workday and employess shall be paid ai the regular shift rate. The first day shift shall wo�1c a reguiar eight(8) hour day at reguiar rates. The second shift shall be eight (S) hours regular time pay plus $2.50 per hour premium for efght (8) hours work. Third shift wiil be for eight (8j hours regular time pay plus$3.00 per hour premium for eight(8)hours work. NO. 92: Means all work performed from 8:00 a.m. to 4:30 p.m., Monday through Friday,wiil be at straight time pay up to forty (40) hours per week. All work performed Monday through Friday before 8:00 a.m. and after 4:30 p.m.wiil be done at time and one-haif (1'/). Ail work done on Saturday wiil be done at time and one-haif (1%), unless the empioyer and employee agree that Saturday shall be used as a make-up day. The Employer may use a flexible starting time of 7:00 a.m. to 8:00 a.m., and quitting time of 3:30 p.m. to 4:30 p.m., and any such different work starting time shall determine whether wages are payable at the straight rate or the premium rate. All work performed on Saturday shal! be paid for ai time and one-half (1%), unless the Saturday has be�n used as a make-up day. All work performed on Sunday and holidays shall be paid for at the rate of double(2)time. NO. 103: Means a regular workweek of forty(40) hours will start on Mo�day and end on Friday. The regular work day shall be either e+ght(8) or ten (10) hours. If a crew is prevented from working forty(40) hours Monday through Friday, or any part thereof by reason of inciement weather, Saturday or any part thereof may be worked as a make-up day at the straight time rate. Employees who are part of a regular crew on a make-up day, notwithstanding the fact that they may not have been employed the entire week, shall work Safurday at the straight time rate. A Workday is to begin between 6:00 a.m. and 9:00 a.m. However, the project starting time may be advanced or delayed if mutually agreed to by the interested parties. For all time worked on recognized holidays, or days observed as such, double(2)time shall be paid. NO. 104: Means eight (8) hours per day shall constitute a standard work day between the hours of 6:00 a.m. and 8:00 p.m. The standard work week shall be forty (40) hours between 6:00 a.m. on Monday and ending 8:00 p.m. on Friday. An overtime rate of time and one-half(1'/z)the base houcly rate shall be paid on all hours in excess of eight(8)hours in a day Monday through Friday. Saturdays shall be considered overtime and work done on Saturday shall be paid at time and one-haif(1Yz)the prevailing scale. Sundays and holidays shall be considered overtime and work done on these days shall be paid at double(2)the prevailing scale. AW021 016 OT inl.doc P.NNUAL WAGE ORDER NO.21 Page 4 of 5 REPLACE'Y�NT PAGE CAPE GIRARDEAL'COTJN'I'Y • BL�DPtG CONSTRUCTION OVERTTiV� SCHEDULE NO. 106: Means the normai work week shall consist of five (5) eight(8) hour days for a total of for'ry (40) hours, s'�arting on Monday at 8:00 a.m. and ending on Friday at 4:30 p.m. The starting time can be flexible between 6:00 a.m. and 5:00 a.m., and ending at 2:30 p.m. or 4:30 p.m. respectively. All work before the designated starting time and after the quitting time shall be paid for at the rate of time and one-half(1%z). An overtime rate of time and one-half(1'/) the bas� houriy rate shali be paid on ail hours in excess of eight(8) hours in a day Monday through Friday. Any work started after 12:00 midnight Sunday, wiil be classified as time and one-half (1'/) up to the legal starting time on Monday. Saturdays, Sundays and Holidays shall be paid for in the rate of doubie(2)time the prevailing scale. NO. 120: Means five (5) eight (8) hour days shail constitute a da�s work, Monday through Friday inclusive. Eight (81 hours shall constitute a regular days' work between the hours of $:00 a.m. and 4:30 p.m. and forty (40) hours shail canstitute a regular work wesk from Monday through Friday. All time worked in excess of eight (8) hours per day �r forty (40) hours per week shall be paid overtime at the rate of time and o�e-half. A four (4) ten (10) hour day work scnedule may be worked Monday through Thursday or Tuesday through Friday. Overtime shall be paid only after t�� (10) hours per day or forty (40) hours per wesk. Doubie (2) time wiil be paid for ail work done on Sundays and legal holidays. _ _ NO. 121: Means the regular work day shafl be either eight (8) or ten (10) hours. The regular work week shali start on Monday and end on Friday, except where the Employer elects to work Monday through Thursday, ten (10) hours per day. All work over eight(8) hours per day(if working five eight hour days)and ten (10) hours per day(if working four ten hours days) and over forty (40) hours per week shall be paid at time and one-hatF(9%) the regular rate of pay. If a job cannot work forty (40) hours Monday through Friday because of inclement weather or other conditions beyond the control of the Employer, Friday or Saturday may be worked as a make-up day at straight time (if working four ten hour days). Saturday may be worked as a make-up day at straight time (if working five eight hour days). Make-up days shall not be utilized for days lost because of Holidays. All work performed on Sundays and Holidays shall be paid for at two(2)times the reguiar straight time rate of pay. NO. 126: Means eight (8) hours per day shall constitute a day's work and forty (40) hours per week, Monday through Friday, shall constitute a week's work. The regular starting time shall be 8:00 a.m. If a second or third shift is used, the regular starting time of the second shift shall be 4:30 p.m. and the reguiar starting period for the third shift shall be 12:30 a.m. These times may be adjusted by the empioyer. The day shift shall work a regular eight (8) hours shift as outlined above. Employees working a s�cond shift shall receive an additional $0.25 above the regular houriy rate and perform seven and ane-half(7'/).hours work for eight (8) hours pay. Third shift employees shall be paid an additional $0.50 above the reguiar houriy rate and work seven (7) hours for eight(8) hours pay. When circumstances warrant, the Employe�may change the reguiar wo�kweek to four(4) ten-hour days at the regular time rate of pay. All time woriced before and after the established woricday of eight (8) hours, Monday through Friday, and all time worked on 5aturday shall be paid at the rate or time and one-half(1'/) except in cases where work is part of an employee's reguiar Friday shift. All time worked on Sunday and recognized hoiidays shall be paid at tt�e double (2) time rate of pay except in cases where work is part of an employee's previous day's shift. For all overtime hours worked $27.96 of the fringe benefits portion of the prevailing wage shall be paid at the same overtime rate at which the cash portion of the prevailing wage is to be paid. The remaining $1.24 of the fringe benefit portion of the prevailing wage may be paid at straight time. AW021 016 OT inl.doc ANNiJAL WAGE ORDERNO.21 Page 5 of 5 • CAPE GIRARDEAU COUNTY HOLIDAY SCHEDULE—BUILDING CONSTRUCTiON . NO. 7: The foliowing days are assigned days and are recognized as holidays: New Year's Day, Memorial Day, independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day. if a holiday falls on a Sunday, it shall be observed on the following Monday. If a holiday falis o� a Saturday, it shall be observed on the preceding Friday. No work shall be performed on Labor Day except in case of jeopardy to work under construction. This is applied to protect Labor Day. When a holiday falls during the normal woricweek, Monday through Friday, it shall be counted as eight(8) hours toward the forty{40) hour week. However, no reimbursement for these eight (8) hours is to be paid to the workman unless worked. If workman are required to work the above enumerated holidays or days observed as such, or on Sunday, they shall receive double (2)the reguiar rate of pay for such woric. NO. 12: Ali work done on New Year's Day, Decoration Day, Independence Day, Veteran's Day, Thanksgiving Day and Christmas Day shall be paid at the double time rafe of pay. 5hould any of these days fail on Sunday, then the foliowing day shall be observed as the holiday. Under no circumstances shall empioyees be permitted to worlc on Labor Day. NO. 19: Aii work done on New Year's Day, Memoriai Day, Juiy 4th, Labor Day, Tnanksgiving Day, and Christmas Day shafl be paid at the double time rate of pay. The empioyee may take ofF Friday foilowing Thanicsgiving Day. However, the employee shall notify his or her Foreman, General Foreman or Superintendent on the Wednesday preceding Thanksgiving Day. When one of the above holidays falls on Sunday, the following Monday shall be considered a holiday and ail work performed on either day shall be at the double (2) time rate. When one of the holidays falls on Saturday, the preceding Friday shall be considered a holiday and all woric perFormed on either day shall be at the double(2)time rate. NO. 20: The following days or assigned days are recognized as holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day (to be observed November 11), Thanksgiving Day, and Christmas Day. If a holiday falis on S�nday, it shall be observed on the foilowing Monday. If a holiday falls on Saturday, it shall be observed on the prece�ing Friday. No work shall be performed on Labor Day except in case of jeopardy to worlc undes construction. This rule is appiied to protect Labor Day. When a holiday falls during the normal work week, Monday through Friday, it shall be counted as eight (8) hours toward the forty (40) hour wesk. However, no reimbursement for these eight{8) hours is to be paid the workman unless worked. If workmen are required to work the above enumerated holidays or days observed as such, or on Sunday, they shall receive the double reguiar rate of pay for such work. NO. 25: Atl work done on New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the day after Thanksgiving, Christmas Day, Presidential Election Day, or days locally observed as such, and Saturday and Sunday shall be recognized as holidays and shall be paid at the double (2) time rate of pay. lf a named holiday fails on a Saturday, the holiday wiil be observed on the preceding F�iday. When a named holiday falls on Sunday, the Monday after will be observed as the holiday. Appropriate ° overtime rates to be based on fifteen minute increments. NO. 26: Afl work done on New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. When a Holiday occurs on Saturday it shall not be observed on either the previous Friday or the following Monday. Such days shall be regular work days. if such a holiday occurs on Sunday it shall be observed on the following Monday. NO. 40: The employer agrees to recognize the following hoiidays: New Year's Day, Memoriai Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day. If the holiday falls on a Sunday, and is worked, the following work day will be double time wages for the holiday. NO. 43: All of the following days or assigned days are recognized as holidays: New Years Day, Memorial Day, Independence Day, Labor Day,Veteran's Day(November 11th),Thanksgiving Day, and Christmas Day. If a holiday falls on Sunday, it shall be observed on the following Monday. If a holiday falis on Saturday, it shall be observed on the preceding Friday. No work shall be performed on Labor Day except in case of jeopardy to worlc under construction. This rule is applied to protect Labor Day. When a holiday falls during the normal work week, Monday through Friday, it shall be counted as eight (8) hours toward the forty(40) hour week. However, no reimbursement for these eight (8) hours is to be paid the employee unless worked. If the empioyee is required to work the above enumerated holidays or days observed as such, or on Sunday., they shall receive double (2) the regular rate of pay for such work. ANNUAL WAGE ORDER NO. 21 AW021 016 SHol.doc Page 1 of 3 Pages CAPE GIRARDEAU COUNTY HOLIDAY SCHEDULE—BUILDING CONSTRUCTiON NO. 45: All work perfoRned on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the day after Thanksgiving, the day before Christmas, and Christmas Day, shall be paid at the doubie time rate of pay. NO. 47: The following holidays are recognized: New Year's Day, Memonai Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day, the day after Thanksgiving and Christmas Day. When a holiday listed above falls on Saturday, it shail be celebrated on the Friday preceding the holiday. When a holiday falls on Sunday, the following Monday shall be observed. Hoiidays referred to above shall be paid for at the double (2)time rate of pay when worked. NO.50: All work performed on Saturdays, Sundays and recognized holidays shail be cansidered overtime and work performed on these days shall be paid at double (2) the prevailing scale. The holidays of understanding are: New Years' Day, Decoration Day, Independence Day, Veterans Day, Labor Day, Thanksgiving Day and Christmas Day. Shouid any of these holidays fall on Saturday, the Friday before shail be observed as the holiday. Shouid any of these days fall on Sunday, then the foilowing Monday shail be observed as the holiday. Under no circumstance shail employees_be permitted to work on Labor Day(the first Monday in September�. NO. 54: All work performed on New Year's Day, Memonal Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving Day, and Christmas Day shall be paid at the double(2)time rate of pay. When a holiday falis on Saturday, it shall be observed on Friday. When a holiday falis on Sunday, it shall be observed on Monday. NO. 55: The following days are recagnized as holidays: New Year's Day, Memorial Day, lndependence Day, Labor Day, Thanksgiving Day and Christmas Day. If a holiday falls on a Sunday, it shall be observed on the following Monday. No work shall be performed on Labor Day except in case of jeopardy to work under construction. This rule is applied to protect Labor Day. When a hoiiday falls during the normal work wesk, Monday through Friday, it shall be counted as eight(8) hours toward the forty(40) hour week; however, no reimbursement for this eight(8) hours is to be paid the workmen uniess worked. An Employer working a four(4)day, ten (10) hour schedule may use Friday as a make up day when an observed holiday occurs during the work week. Employees have the option to work that make up day. If workmen are required to work the above enumerated holidays, or days observed as such, they shall receive double(2)the regular rate of pay for such work. NO. 61: Ail work performed on recognized hoiidays shall be paid at the double (2) time rate of pay. No work shall be perFormed on Labor Day except fo save life or property. The following holidays shall be observed: New Years Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, to be observed November 11 (or a mutually agreed date of the Friday after Thanksgiving if agreed by other crafts working on project), Thanksgiving Day and Christmas Day. Any holiday which occurs on a Sunday shall be observed the following Monday. NO. 62: All work performed on holidays shall be considered overtime and work performed on these days shall be paid at double (2) time rate of pay. The holidays of understanding are: New Years' Day, Decoration Day, Independence Day, Veteran's Day, Thanksgiving Day and Christmas Day. Should any of these holidays fall on Saturday the Friday before shall be observed as the holiday. Should any of these days fali on Sunday, then the foliowing Monday shall be observed as the holiday. Under no circumstance shall employees be permitted to woric on Labor Day(the first Monday in September). NO. 66: All work performed on Sundays and the following recognized holidays, or the days observed as such, of New Year's Day, Decoration Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day, shall be paid at double (2) the hourfy rate plus an amount equa! to the hourly Total Indicated Fringe Benefits. Whenever any such holidays fall on a Sunday, the following Monday shall be observed as a hoiiday. NO. 69: Ali work performed on New Years Day, Memorial Day, July Fourth, Labor Day, Veteran's Day, Thanksgiving Day or Christmas Day shall be compensated at double (2)their straight-time hourly rate of pay. Friday after Thanksgiving and the day before Christmas are aiso holidays, however, if the employer chooses to work the � normal work hours on these days, the employee will be paid at straight -time rate of pay. If a holiday falis on a Saturday, the holiday will be observed on Saturday; if a holiday falis on a Sunday, the holiday will be observed on the following Monday. ANNUAL WAGE ORDER NO. 21 AW021 016 BHol.doc Page 2 of 3 Pages � CAP+E G�RARDEAU COUNTY H011DAY SCHEDULE—BUILDING CONSTRIlCT10N NO. 71: All work performed on the foilowing recagnized holidays, or days that may be celebrated as such, shall be paid at the double (2) time rate of pay: New Yea�s Day, Memorial Day, Independence Gay, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving and Christmas Day. if a holiday falis on Sunday, it shall be celebrated on Monday. If a holiday falls on Saturday, it shall be calebrated on the Friday procesding such Saturday. NO. 73: The following days are recognized as holidays: New Years Day, Memonal Day, Fourth of July, Labor Day, Veteran's Day(or mutually agreed date of the Friday after Thanksgiving Day may be substituted for Veteran's Day), Thanksgiving Day and Christmas Day, or in the event that any of said Holidays fails on Sunday,then the day or days generaily recognized as such. Any work performed anywhere on any of the aforesaid Hoiidays, or on the day or days recognized and observed as such, shall be paid for at double(2)time the regular houriy rate. NO. 77: The following days are recognized as holidays: New Year's Day, Memorial Day, lndependence Day, Labor Day, Thanksgiving Day and Christmas Day. If a holiday fails on a Sunday, it shaii be observed on the foltowing Monday. No work shall be performed on Labor except in case of jeopardy to work urder construction. This niie is applied to protect Labor Day. When a holiday falis during the normal work week, Monday through Fr'day, it shali be counted as eight (8) hours toward the forty(40) hour week; however, no reimbursement for this eight (8) tiours is to be paid the workmen unless worked. An Employer working a four(4)day, ten (10) hour scheduie may us� Friday as a make up day when an observed holiday occurs during the work week. Employees have the option to work that make up day. If workmen are required to work the above enumerated holidays, or days observed as such, they shall receive double(2)the regular rate of pay for such work. ANNUAL WAGE ORDER NO. 21 AW021 016 BHol.dec Page 3 of 3 Pages . Heavy Construction Rates for REPLACEMENT PAGE Section 016 . CAPE GIRARDEAU County Basic Over- � OCCL1PATlONAL TITLE ' Daie of Hourly Time Hoiiday � Totai Fringe Benefits lncrease Rates Scheduie�Schedule Car enter 6/14 $29.87 23 16 $15.05 Electrician Outside-Line Construction\Lineman 7/14 $46.21 30 29 $5.76+29.75°/a Lineman O erator 7/14 $33.38 30 29 $5.76+29.75°/a Lineman-Tree Trimmer 6/14 �22.41 33 32 $5.76+22o�a Groundman 7114 $26.41 30 29 $5.76+29.75% Groundman-Tree Trimmer 6/14 $16.81 33 32 $5.76+22% Laborer Generai Laborer 6/14 $26.81 2 4 $12.47 Skiiled Laborer 6/14 $26.81 2 4 $12.47 Miilwri ht 6/14 $29.87 23 16 $15.05 O eratin En ineer Grou I 6/14 �26.89 21 5 � $23.64 ' Group ll 6/14 $26.54 21 5 ' $23.64 Grou III 6114 �26.34 21 5 �23.64 Grou IV 6/14 $22.69 21 5 $23.64 Oiler-Driver 6/14 �22.69 21 � 5 $23.64 Pile Driver 6l14 $29.87 23 i 16 $15.05 Traffic Contro�Service Driver $26.415 28 27 $9.045 Truck Driver-Teamster Grou I 6/14 $28.52 22 � 19 I $11.65 Grou II 6114 $28.68 22 19 $�1.65 Grou III 6/14 $28.67 22 19 $11.65 Grou IV 6i14 $28.79 22 i 19 $11.65 Use Heavy Constructio�Rates on Highway and Heavy construction in accordance with the classificafions of construction work established in 8 CSR 30-3.040(3). Use Building Construction Rates on Building construction in accordance with the classfications of constr�ction work estabiished in 8 CSf2 30-3.040(2). If a worker is performing work on a heavy construction project within an occupational title that is not listed on the Heavy Construction Rate Sheet,use the ra:e for that occupational title as shown on the Building Censtruction Rate sheet. 'Annual Incremental Increase ANNUAL WAGE ORDER NO.21 ���4 . CAPE GIl2�iRDEAU COL`N�'TY OVERTIVIE SC�DL�E -HEAVY CONSTRtiCTION , FED: Minimum requirement per Fair Labor 5tandards Act means time 2nd one-fi�alf (1 '/z) shali be paid for ail work in excess of forty(40) hours per work week. NO. 2: Means a regular woricweek shall be forty (4D) hours and wili start on Monday and end on Friday. The Empioyer shall have the option of working five 8-hour days or four 10-hour days Monday through Friday. If an Employer elects to work five 8-hour days during any workweek, hours worked more than eight (8) per day or 40 per week shall be paid at time and one-half the houriy rate Monday tfirough Friday. If an Employer elects to work four 10-hour days in a week, work per#ormed more than ten (10) hours per day or 40 hours per week shall be paid at time and one-half the houriy rate Monday through Friday. When working a five 8-hour day schedule and an Employer is prevented from working fo�ty(40) hours Monday through Friday, or any part thereof, by reason of inclement weather, Saturday or any part thereof may be worked as a make-up day at the straight time rate. If an Employer is working a four 10-hour day scheduie and �oses a day due to inclement weather, he may work 10 hours Friday at straight time. Ail hours worked over the 40 hours Monday through Friday will be paid at 1 '/z overtime rate. A workday shift is to begin at the option of the Employer, between 6:00 a.m. and not later than 9:fl0 a.m. However, the project starting time may be advanced or delayed if required. If workmen are required to work the enumera#ed hoiidays or days observed as such or Sundays, they shall receive double {2; the regular rate of pay for such work. Overtime shail be computed at one-haif(i/2) hour intervais. Shift: The Contractor may elect to work one, two or thre� shifts on any work. When operating on more than one shift, the shifts shall be known as the day shift, swing shift, and graveyard shift as suct� terms are recognized in the industry. When two shifts are worked on any operation, the shifts will consist of eight(8) or ten (10) hours exclusive of lunchtime. When three shifits are worked the first day or day shift will consist of eight (8) hours exclusive of iunchtime. The second or swing shift shall consist of seven and one-haif(7 1/2) hours work for eight hours pay, exciusive of lunchtime, and the third or the graveyard shift shall consist of seven (7) hours work for eight(8) hours pay, exclusive of the luncntime. All time in excess of normal shifts shall be considered overtime. Multiple shift (the two or three shift) operation wiii not be construed on the entire project if at anytime it is deemed advisable and necessary for the Employer to muitiple shift a specific operation. However, no shift shail be started between midright and six a.m. excapt the graveyard shift on a three-shift operation, or except in an unusuai or emergency s�tuation. If ar. Employer starts a shift between midnight and 6 a.m. excapt the graveyard shift on a three-shift ooeration, he shail reimburse ail empioyees for the entire shift at the double time rate. Completion of the second shift on a two-shift operation or completion of the graveyard shifii on a three-shift operation that carries over into Saturday morning, shall be at the straight time rate. Overtime shall be computed at%hour intervals. NO. 21: Means the regular workday for which employees shali be compensated at straight time hourly rate of pay shall, uniess otherwise provided for, begin at 8:00 a.m. and end at 4:30 p.rn. However, the project starting time may be advanced or deiayed at the discretion of the Empioyer. At the discretion of the Empioyer, when woricing a five (5) day eight (8) hour scheduJe, Saturday may be used for a make-up day. Ifi an Employer is prohibited from working on a holiday, that employer may work the following Saturday at the straight time rate. However, the Empioyer may have the option to scheduie his work from Monday through Thursday at ten (10) hours per day at the straight time rate of pay with all hours in excess of ten (10) hours in any one day to be paid at the applicable overtime rate. If the Employer elects to work from Monday through Thursday and is stopped due to circumstances beyond his control, he shail have the option to work Friday or Saturday at the straight time rate of pay to complete his forty(40) hours. If an Employer is prohibited from _ working on a holiday, that Employer may work the foilowing Friday or Saturday at the straight time rate. Overtime wili be at one and one-half (1'/z) times the regular rate. If workmen are required to work the enumerated holidays or days observed as such, or Sundays, they shall receive dolible (2)the regular rate of pay for such work. NO. 22: Means a regular work week of forty (40) hours will start on Monday and end on Friday. The regular work day shall be either eight (8) or ten (10) hours. If a crew is prevented from working forty(40) hours Monday through Friday, or any part thereof by reason of incfement weather, Saturday or any part thereof may be worked as a make-up day at the straight time rate. Employees who are part of a regular crew on a make-up day, notwithstanding the fact that they may not have been employed the entire week, shall wo�k Saturday at the straight time rate. A workday is to begin between 6:00 a.m. and 9:00 a.m. However, the project starting time may be advanced or delayed if mutually agreed to by the interested parties. For ail time worked on recognized holidays, or days observed as such, doubie (2)time shall be paid. AW021 016 HOT ANNUAL WAGE ORDER NO. 21 Page 1 of 2 Pages • CA.PE G�2ARDEAL'COLiVTY OVERT111�IE SCHEDULE -HEAVY CONSTRtiCTION � NO. 23: Means the reguiar wcrkweek shall start on Monday and end on Friday, except where the Employer elects to work Monday through Thursday, (1Q) hours per day. Ali work over ten (10) hours in a day or forty(40) hours in a week shall be at the overtime rate of one and one-half (1'/z) times the regular houriy rate. The reguiar workday shall be either eight (8) or ten (10) hours. If a job can't work forty (40) hours Monday through Friday because of inclement weather or other conditions beyond the control of the Employer, Friday or Saturday may be worked as a make-up day at straight time (if working 4-10's). Saturday may be worked as a make-up day at straight time (if working 5-8's). An Employer, who is working a four (4) ten (i 0) hour day work schedule may use Friday as a make-up day when a workday is lost due to a holiday. A workday is to begir at the option of the EmpJoyer but not iater than 11:OQ a.m. except when inclement weather, requirements of the owner or other conditions beyond the reasonable control of the Employer prevent work. Except as worked as a make-up day, time on Saturday shall be worked at one and one-half (1'/) times the regular.rate. Work performed on Sunday shail be paid at two (2) times the regular rate. Work pertormed on recognized holidays or days observed as such, shall also be paid at the doubie(2)time rate of pay. NO. 28: Means a regular work�Neek cf forty(40) hours wiil start on Monday and end on Friday. The regular work day shali be sither eight(8) or ten (10) hours. If a crew is prevented from working forty(40) hours Mo�day through Friday, or any part thereof by reason of inciement weather, Saturday or any part thereof may be worked as a make-up day at the straight time rate. Empioyees who are part of a reguiar crew on a make-up day, notwithstanding the fact that they may not have been employed the entire week, shall work Saturday at the straight time rate. A workday is to begin between 6:00 a.m. and 9:00 a.m. However, the oroject starting time may be advanced or delayed if mutually agreed to by the interest parties. For all time woriced on recognized holidays, or days observed as such, double (2)time shall be paid. NO. 30: Eight{8) hours shall constitute a regular days'work between the hours of 8:00 a.m. and 5:00 p.m. with an hours' intermission for lunch; and forty (40) hours shall constitute a regular work week from Monday through Friday. A four (4) ten (10) hour day work schedule may be worlced Monday through Thursday (Tuesday through Friday in the event a holiday is celebrated on a Monday) or a Tuesday through Friday (Monday through Thursday in the event a hoiiday is celebrated). If the parties work the four ten hour week the following shail apply: (a) Ten (10) ccnsecutive hours shail constitute a day's work betwesn the hours of 7:00 a.m. and 5:30 p.m. One- half(1/2) hour shail be set aside for an unpaid lunch period. (b) Friday may be used as a make-up day when the scheduied work week was interrupted and time lost of seven (7) hours or more was incurred. Time and one haif (1'/z) wiil be paid for all time worked in excess of the regular working day and Saturdays; double (2) time wiil be paid for ail work dore on Sundays and legal holidays. NO. 33: Means the overtime rate shail be time and one-half for all work performed in excess of the regular working day— over 8 hours in 5 day workweek or over 10 hours if four day worfcweek established — and Saturdays. Sundays and Holidays shall be paid at double the straight time rate. Awo2i oi6 xoT A.�N"[JAL WAGE ORDER NO. 21 Page 2 of 2 Pages CAPE GIRARDEAU COUNTY HOLIDAY SCHEDULE-HEAVY CONSTRUCTION . NO. 4: All work performed on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, or observed as such, shall be paid at the double time rate of pay. When a Hciiday falls on a Sunday, Monday shall be observed. No work shail be perFormed on Labor Day, except in case of jeopardy to life or property. This is applied to protect Labor Day. NO. 5: The following days are recognized as holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day. If a holiday falis on a Sunday, it shall be observed on the following Monday. If a holiday fa(Is on a Saturday, it shall be observed on the preceding Friday. No work shall be performed on Labor Day except in case of jeopardy to work under construction. This rule is applied to protect Labor Day. When a holiday falis during the normal work week, Monday through Friday, it shall be counted as eight (8) hours toward a forty (40) hcur week; however, no reimbursement for this eight (8) hours is to be paid the workman unless worked. �f workmen are required to work the above recognized holidays or days observed as such, or Sundays, they shall receive double (2) the regular rate of pay for such work. The above shali apply to the four 10's Monday through Friday work week. The ten (10) hours shali be applied to the forty(40) hour work week. NO. 16: The following days are recognized as holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day. If a holiday falis on Sunday, it shall be observed on the foilowing Monday. If a holiday falls on Saturday, it shall be observed on the preceding Friday. No work shal� be performed on Labor Day except in case of jeopatdy to work under construction. This rufe is applied to p�otect Labor Day. When a holiday falls during the normal work week, Monday through Friday, it shall be counted as eight (8) hours toward the forty (40) hour week; however, no reimbursement for this eight (8) hours is to be paid to the worker unless worked. if workers are required to work the above recognized holidays or days observed as such, they shall receive double (2) the regular rate of pay for such work. NO. 19: The following days are recognized as holidsys: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. If a holiday falls on a Sunday, it shall be observed on the following Monday. No work shall be pertormed on Labor Day except in case of jeopardy to work under construction. This ruie is. applied to protect Labor Day. When a holiday falls during the normal work week, Monday through Friday, it shall be counted as eight (8) hours toward the forty (40) hour week; however, no reimbursement for this eight (8) hours is to be paid the workmen unless worked. An Employer working a four(4) day, ten (10) hour schedule may use Friday as a make up day when an observed holiday occurs during the work week. Employees have the option to work that make up day. If workmen are req,uired to work the above enumerated holidays, or days observed as such, they shail receive double (2) the regular rate of pay for such work. NO. 27: The foilowing days are recognized as holidays: New Year's Day, Memorial Day, Independenc� Day, Labor Day, Thanksgiving Day and Christmas Day. If a holiday falls on a Sunday, it shall be observed on the foilowing Monday. No work shall be perFormed on Labor Day except in case of jeopardy to work under construction. This rule is applied to protect Labor Day. When a holiday falls during the normal work week, Monday through Friday, it shall be counted as eight (8) hours toward the forty(40) hour week; however, no reimbursement for this eight(8) hours is to be paid the workmen unless worked. An Employer working a four(4) day, ten (10) hour schedule may use Friday as a make up day when an observed holiday occurs during the work week. Employees have the option to work that make up day. If workmen are required to work the above enumerated holidays, or days observed as such, they shall receive double (2) the regular rate of pay for such work. NO. 29: Ail work performed on New Year's Day, Memorial Day, Fourth of July, Veteran's Day, Thanksgiving Day, Labor Day, Christmas Day, or days celebrated as such, shall be paid at the double time rate of pay. When a National holiday falls on Sunday, Monday shall be observed as the holiday. When a National holiday fails on Saturday, the preceding Friday will be observed as the holiday. NO: 32: Ail work performed on New Years Day, Veterans' Day, Memorial Day, Fourth of July, Labor Day, Christmas Day, and Thanksgiving Day or days ceiebrated for the same. 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I �= P I �'+• 'cJ y a7 aJ 7 y 3 U U y v � N � 'D co y .y O aJ �? .� a � � � o r� � '� `° U° � a?; n. ° °J � � m � a' G � a ._ � a� o � o 0 o a� v o G} a °'m a� .� � Ca .-� -a �e .c 3�k7 � 0 3 3 +�. b w° c� cc ^ m Q '; � .o � a� � . T - ClTY OF CAPE GIRARDEAU Cape Splash Expansion - Site Support Package SUPPLEMENTARY CONDITIONS EJCDC 1910-17 (1990) These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No 1910-8) (1990) and other provisions of the Cantract Documents as indicate� below. All provisions whicf� aYe not s� amended or suppiementeti remain ir full force and effect. SC-1 The terms used in these Supplementary Condi;iors have the meanings assigned to them in the General Conditions. SC-1.18 ENGINEER'S Consultants as defined in the General Conditions are: 1 . Bowen Enqineerina & Surveying 2121 Meqan DrivP Cape Girardeau, MO 63701 . (Name and Address) 2. Sandin Enqineerina 2989 State Hwy 25. Jac�son. MO 637�5 (Name and Address) SC-2.2 Amend the first sentence of paragraph 2.2 of the General Conditions to read as follows: "OWNER shall furnish to CONTRACTOR up to six (6) copies of the Contract Documents, as are reasonabiy necessary fer the execuiion of the work", and as s� amended paragraph 2.2 remains in effect SG2.7 Defete paragraph 2.7 of the General Conditions in its entirety and insert the following in its place: "CONTRACTOR shall deliver certificates of insurance with the executed Agreement as set forth in paragraph 18. of the Instructions to Bidders. SC-4.2 Subsurface Conditions. In preparation of the drawings and specifications, ENGINEER has utilized the foilowing reports of explorations and tests of subsurface conditions at the site of the work: None . SC-5.3.2 Amend paragraph 5.3.2 of the General Conditions by deleting the second sentence in its entirety. SC-5.4.1 Workers' Compensation and Emplovers' Liability ]nsurance. This insurance shall protect Contractor against all claims under appiicable state workers' compensation laws, including coverage as necessary for the benefits provided under the United States Longshoremen's and Harbor Workers' Act and the Jones Act. Contractor shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fali within the provisions of a workers'compensation law. This policy shail include an "all states" or "other states" endorsement. SC-1 a s The liability limirs st-�all be not less than: Work�rs' compensation Statutory Empioyers' liability $2,730;000* SC-5.4.4 Owner's P�otective Liability insurance. This insurance shali be issued in the name of OWNER and shall protect and defend OWNER against claims arising as a result of the operaiiors of CONTRACTOR or CONTRACTOR'S Subcontractors. The liabiiity !imi}s shall be not less tnan: Bodiiy injury and property damage $2,730,000 combined singie limit for each occurrence' $ 410,000 each person* SC-5.4.5 Commerciai General Liability Insurance. This insurance shali be occurrence type written in comprehensive form and shall protect CONTRACTOR, and OWNER and ENGINEER as additional insureds, against claims arising from injuries, sic4�ness, disease, or death of any person, or damage to property arising out of performance of the Work. The policy shali aiso incfude personai injury liability coverage, contractuai liabiiity coverage, completed operations and products liability coverage, and coverage for blasting, explosion, collapse of buildings, and damage to underground property. The liabiiity limits shall not be less than: Bodily injury and $2,730,000 combined single property damage limit for each occurrence� $410,000 each person* SC-5.4.6 Comprehensive Automobile Liability Insurance. This insurance shall be occurrence type written in comprehensive form and shall protect CONTRACTOR, and OWNER and ENGINEER as additional insureds, against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles, either on or off the Project site whether they are owned, nonowned, or hired. The liability limits shall be not less than: Bodily injury and $2,730,000 combined single property damage limit for each occurrence* $410,000 each person* *Plus increases as provided by Section 537.610 RSMo. SG2 t s SC-5.4.7 Persons and entities to be shown as insured include CONTRACTOR and: OWNER: CITY OF CAPE GIRARDEAU CONSULTANT: Markey and Associates, Inc. SC-5.5 Delete paragraph 5.5 of the General Conditions in its entirety. SC-5.6 Delete paragraph 5.6 of the General Conditions in its entirety. SC-5.7 Delete paragraph 5.7 of the Generai Conditions in its entirety. SC-5.8 Delete paragraph 5.8 of the General Conditions in its entirety. SC-5.10 Delete paragraph 5.10 of the General Conditions in its entirety. SC-5.11 Delete paragraph 5.11 of the General Conditions in its entirety. SC-5.12 Delete paragraph 5.12 of the General Conditions in its entirety. SC-5.13 Delete paragraph 5.13 of the General Conditions in its entirety. SC-5.14 Delete paragraph 5.14 of the General Conditions in its entirety. SC-5.15 Delete paragraph 5.15 of the General Conditions in its entirety. SC-6.3 Add additional sentences to the end of paragraph 6.3 of the General Conditions as follows: "Night work may be undertaken as a regular procedure with the permission of OWNER; such permission sha11 be requested in writing through OWNERS ENGINEER and may be revoked by OWNER at any time if CONTRACTOR fails to maintain adequate equipment and supervision for proper prosecution and control of the work at night. Night work shali be that work occurring between sunset and sunrise." SC-6.11 Delete paragraph 6.11 of the General Conditions in its entirety and insert the foliowing in its place: " All work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER.° SC-7.5 Add paragraph shouid CONTRACTOR cause damage to the work or property of any separate contractor at the site, or should any claim arising out of CONTRACTOR'S perforrnance of the Work at the site be made by any separate contractor against CONTRACTOR, OWNER, ENGINEER, ENGINEER'S Consultants, the Construction Coordinator or any other person, CONTRACTOR shall promptly attempt to settle with such SC-3 ! other contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullesi extent permitted by Laws and Regulations, indemnify and hold OWNER, ENGINEER, ENGINEER'S Consultants and the Construction Coordinator harmless from and against ail claims, damages, losses and expenses (including, but not iimited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly cr consequentially out of any action, legal or equitable, brought by any separate contractor against OWNER, ENGINEER, ENGINEER'S Consultants or the Construction Coordinator to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. .Should a separate contractor cause damage to the Work or a property of CONTRACTOR or shouid the performance of Work by any separate contractor at the site give rise to any other claim, CONTRACTOR shall not institute any action, legai or equitable, against OWNER, ENGiNEER, ENGINEER'S Consultants or the Construction Coordinator or permit any action against any of them to be maintained and continued in its name or for its benefit in any court or before any arbiter which seeks to impose liabiiity on or to recover damages from OWNER, ENGINEER, ENGINEER'S Consultants orthe Construction Coord'+nator on account of any such damage or claim. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of a separate contractor and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Times attributable thereto, CONTRACTOR may make a ciaim for an extension of times in accordance with Articie 12. An extension of the Contract Times shali be CONTRACTOR'S exclusive remedy with respect to OWNER, ENGINEER, ENGINEER'S Consultants and Construction Coordinator for any delay, disruption, interference or hindrance caused by any separate contractor. This paragraph does not prevent recovery from OWNER, ENGINEER, ENGINEER'S Consultant or Construction Coordinator for activities that are their respective responsibilities. SC-8.5 Delete paragraph 8.5 of the General Conditions in its entirety. SC-9.10 Delete paragraph 9.10 of the General Conditions in its entirety and insert the following in its place: "ENGINEER will have authority to determire the actual quantities and classifications of items of Unit Price Work performed by CONTRACTOR, and the written decision of ENGINEER on such matters will be final, binding on OWNER and CONTRACTOR and not subject to appeal. SC-12.3 The foliowing shall be added: SC-12.3.1 Time extensions for abnormal weather conditions. The weather experienced at the project site during the contract period must be found to be unusually severe or abnormal than adverse weather normally anticipated for any given month. The abnormal weather must actually cause a delay to the compietion of the project. The delay must be beyond the control of the Contractor. The following schedule of monthly anticipated adverse weather is based on National Oceanic and Atmospheric Administration data and will constitute the base line for weather time evaluations. SC-4 � J�N F�B :�A� A'�R i^AY �UNE �JLY A�G S��T CCT NCV nEC CALENDAR DAY 9 9 1_ i1 10 9 9 9 8 7 9 iG CONTRz1CTS 4dORKIVG DAY 4 5 5 6 7 8 9 9 6 7 7 7 SC-14.2 Modify paragraph 14.2 of the General Conditions by inserting the following sentence before the last sentence: " Pa;iments for such.materiats and equipment shall be based only upon the actual cost of the materials and equipment to CONTRACTOR and shall not include any overhead or profit to CONTRACTOR." SC-14.7.4 Modify paragraph 14.7.4 of the General Condi�ions by changing the period a�ter the word inclusive to a comma and adding the phrase "or liability for liquidateb damages has been incurred by Contractor". SC-16 Delete Articie 16 of the General Conditions in its entirety. SG5 • ClTY CF CAPE GIr�ARDEAU Mar�n 5, 2�15 . CAPE SPLASN EXPANSiON—SITE SUPPOR? PACK;�G� 1 SECTION 0090' -ADDENGUM NO. 1 2 3 TO ALL PLANHOLDERS & BIDDERS: 4 5 The following General Clarifications and revisions �o the Drawings and Specificaticns are added tc 6 the Bidding Documents and shall apply to the Contract. 7 8 9 GENERAL CLARIFICATIONS, DIRECTIVES,AND STI�'ULATIONS: 10 11 . Item #1 The B�d Form is revised, as attached, to �nclude a unit price`or rock excavation as 12 defined in the City of Cape Girardeau's stardare specificaticns as follows: 13 14 204.2 Classification of Excavated Materials. C:assification of Excavated�laterials suall 15 be as follows: 16 A. Rock. Rock is defined as being sandstone, iimestone, chert,granite, siltstone quar'�:te, t7 slate, shale occurring in its natural undisturbed�tate, hard and unweathered,in ledges six 18 inches or more in ttuckness or similar material in masses more than 11/z cubic yard in 19 volume. Should rock be encountered in two or more ledges, each ledge being more han six 20 inches thicx and with interlying s�ata of easth,clay, snaie, or gravel not more than twelve 21 inches thick in each stratum,the entire volume between the top of the top ledge and bottom 22 of t��e bottom iedge will be classified as rock. 23 B. Other. Ail materials not classifieri as rock snaIl oe unclass;fied. 24 25 Item #2 The City has arranged for an ingress easement a�the northeast corner of the site 26 over the Ford Grove property. The Contractor shail conform to the provisions of this 27 easement and shall be responsible for all damage and interference and safety.The 28 Contractor shall restore or replace all damaged areas and faciiities to new condition 29 and obtain a written release from the property owrer fcr same. 30 31 Item #3 Clarification of completion provisions and Cape Splash operating schedule: The 32 Cape Spiash Waterpark must remain operational and free of construction 33 interference (whether regarding safety or debris or other conditions) from May 23`d 34 until September 21 S'. If Part 2 cannot be substantiaily completed by May 23�d, the 35 work must be postponed untii September 21 St. If Part 1 is not substantially complete 36 by May 23`�, the construction area for Part 1 must be properly fenced-off from the 37 publically accessibie areas (including possible runoff, debris; or other interferences 38 or nuisances). 39 40 Item #4 An updated schedule submitted by Whitewater West Industries is attached. The 41 Contract Completion Time is tied to this schedule as referenced in the Bid Form and 42 the Contract. 43 44 item #5 The City has obtained confirmation that the applicable wage determination is for 45 "Building Construction". 46 47 Item#6 The 8"waterslide pump suction line is shown to be installed in the new surge tank, 48 elbowed down to within 12"of the bottom. To assure efficient pump priming, install a 49 second new check valve on the end of this line, supported off the floor of the surge 50 tank without interference to the flow. - 51 52 ADDENDUM NO. 1 00901-1 c C!T`!GF CAPE GIR/�RDEAU �Ularch 5, 2015 � CAPE SPLASH EXPANSiON—Si i E SUPPOR i FACKAGE 1 Item #7 On Detail 2 of PC3.0, the top-of-#ooier elevation is cailed out as 385.0. It should 2 read 384.0. 3 4 Item �#8 See the attached PDF files of the revised civii sheets. The revisions include an 5 adiustment to the details of storm structure ST1 and various notes required by Plan 6 Review comments. 7 8 item #9 In response to a question at the Pre-Bid Ccnference; the curbed-edged-deck, as 9 detailed on sheet PC3.1, Detail 2, is only appticable to the new deck on the interior 10 of�he lazy river, and only on the edges adjacent to the 24"-wide pianter that is 11 adjacent to t'he river. 12 13 Item #10 �ee the attacned PDF file of Skeicn SK-1-1 whicn is an 8-1/2 x 11 sneet 14 representation of revisions to sheet PC1.0. Tne notes on the sketch highiignt the 15 charces `hat pick up sorne drainage issues between ihe new Par 1 runout pad and 16 the existirg pool deck adjaceni to 'he lazy river. 17 ADDENDUM NO. 1 00901-2 ! J AFFIDAVIT COMPLLaNCE WITH THE PREVAIL�iG �VAGE LatiV Befcre me, the undersigned Notary Public, in and for the County of , State of , personally came and appeared (name ana title) of the (name oi company) (a corporation) (a partnersnip) (a proprietorship)and a:ter being duly sworn did depose �nd say *�hat all provisions and requirements set out in Chapter 290, Sections 290.210 through and including 290.�40,Missouri Revised Statutes,pertaining to the payment of wages to workmen employed on public works projects have been fully satisfied and there has been no exception to the full and complete compliance with said provisions and requirements and with Annual Wage Order No. Section issued by the Division of Labor Standards (Name of Project) located at(name of institution) in County, Missouri, and completed on the day of , 20 (Sianature and Titie of Signer) (Corporate Seal) Subscribed and sworn to me this day of , 20 Notary Public (Seal) My commission expires , i COhTRACTOR' S WARR.ANTY � i ` I ihe ccntracto= s--�aatcr� bel�w rer�by I (Contractor) ' guarar_tees tnat t!�:e cor.struct_on j (�wne=i I per�ormed on West �r.d Bcule�;ar� be�ween Linden S�~eet a_^.d Jef�erscr. & Wa'nut Street be�ween West Er.d Bcui�ca-c and Beaudean Lane te be `ree �rom defects in mate�ial ar.d workmansnip for a �e�icd of one year �_om t'.:e Cat� oi ac�2P�3.�e ef i imnrovements by t':e City Ccu_^.cii. � Th=s Standard Limited Warrarty applies and is limited as �oilows: � 1 . To tne improvements ccnstructed as shown on the contrac� docume^�ts =or i the aDove re-�rzncec prc�e�� a,.d sub�ec� �o �ect�on 13. 12 0_ t�e Ge^eral ' I Cond=ricns . � 2 . T� the cons�ructior, woric that nas noi been sub�ect to accident, misuse dRG� 3L'llSs.. .3. i0 ��`.Pe COriSri'.::C��CI1 i�OL'iC ti:dL .^_dS 110t �J2�:1 IT10G�i�'��C:� dl}2:'ZCI� '4�2L3C2C1 and/or nad repa=rs made or attemoted by ocners. 4. That the contractor be immediately notified in writir.g withia 10 days ef `irst know'_edge c� defect by owner or nis/her agents . 5 . T_hat c�n�-actor snal� be given f,_rst o��ortun��.�y te make any repairs, replacemer.t and/cr corr�ctior to tne d2�ective ccnstruc�ion a= no cos` to owner wi`hir. a reason��ie �er-od o� *i�ne. - � 6 . Under no circ��mstances shall contractor be liabie by virtue of this warranty or otherwise for damage to a person or property wnatsoever for any special, indirect, secor.dary or conseauential damages of any r.ature however arising eut o� the use or ir_abil_ty to use because c� the constructicn defect. ?. Ex�luded f�om tn�s �aarra^�ty are mate�ials ar.d wcr.'�manship ccvered by warrant�es by ct'r.e_s. By: (Contracter Name) (Auther�zed Oir�cer's Signature) (Address) (Title or Position) Attest: (City, State, Zip Code) (Tit1e) Dated: (Seal) � CO�V'TR.ACTOR'S AFFIDAVIT REGARDING � SETTLEMEl�T OF CLAIMS (To be executed and filed in duplica±e) DATE , 2oi4 PROJECT NAME To the City of Cape Girardeau, Missouri This is to certify that all lawful claims for material, lubricants, fuel of any kind, repairs on machinery, groceries, foodstuffs, equipment and tools consumed or used in connection with the construction of the above mentioned project,and all insurance premiurns,both compensation and all other kinds of insurance on said work, and for all labor performed in said work, whether by subcontractor or claimant in person or by his employee,agent,servant,bailee or bailor,have been paid and discharged in full. In exchange for final payment from the City under the contr�act,at the time that payment is due,the contractor shall hold the City and its officers and employees harmless frcm any costs they inc�.u�as a result of the contractor's failure to pay any of the claims referred to hereinabove. (Contractor— Company Name) (Corporate Seal) By (Signature) (Corporate Officer--Name Printed) Title -x--�-�-*�*-�-�-���--x-���*-x-�-��--��--�-�*�-;«-���-��-�-��-��-��-��-�--�-�-*��-�-�--�-�*�-�-�;�-�-�-�-��-*�--�*-��-���-�-�-�-�-��-�-�*�-�*��-**-�*-��-�*�-�-�-�« STATE OF MISSOURI SS. COUNTY OF Subscribed and swom to before me this day of , 20 (Seal) Notary Public My Commission e�ires , 20 � � '��/ � � r �� � i / ;1�= � � % � v � / ��� � i h � � YQ � i � d W � i `� � �� — � Y c"� d ` �;w ,� � � � U p � �iu� , � � � z � � r- ��a �' ;� �� ,� U � I�— ' I � �j ijn' �/ �i� �.�./i W � � � �i , r i Y � O o �,`r � � �`� /� / �� � �, � � � , c�, W �� ; O i i � � U t` / � �� � �O i �� � � � � � � i i � W F� � � � , �\ � � �� /�� �_ � �' �j �� \ I � ��c O ���` z U3 = ` �i��� � � ��i��� �� W , � \ i � �J • �� ���^ ��`� \ � z O i —� i i/ r . . O � Q � % '�:�:ti�.� ;; '' �� � �� Q _ �- ��,\, � ,�; �, � �`� ,,�,;� ,��,.�. �, \ \ i I '%`\�. �%'�%� �``�``��� z � , � � i � � � �/ �� �� �., �����/� � �������� � Lj,f ` � ; i `. ` �'�i �i.�� r- . � � � � � � � i cV \ .` .\ 1 � I % \�X�'�%�� 1\����� X li � � �� � � ���� � �� W I � I %/ // ///� � � _ � � � % / �/j j � � U O � � � � � / /�//� � \ . 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E � N u � n '" °0 n �n � LL vi a � in �:° = � n c I r o Z �^ ° �n w` � � � � u � a �N u a — � m � u � .. I~ a+ a i v m m ,�� .y ;rv v I,. i� a`� o — � 1 ,,�;� CiTY OF CAPE GIRARDEAU Marcn �, 2015 s' CAPE SPLASH EXPANSION —SiTE SUPPGF3T PAC}<AGE 1 SECTION 00902-ADDENDUM NO. 2 2 3 TO ALL PLANHOLDERS & BIDDERS: 4 5 The following General Clarificaticns and revisions to ihe Drawings and Specifications are added to 6 the Bidding Documents and shall apply to the Contract. 7 8 9 GENERAL CLARIFICATIONS DIRECTIVES, AND STIPULATIONS: 10 11 Item �1 The piping from the surge tank to the slide-feed pump and all the way to `he top of 12 the slide tower shall be 8" Sch 4C PVC. It will rot be reducec except betweer. :he �13 pump basket strainer and the pump, increasing immediateiy after the pump io 8", 14 and remair,s 8"to where valved branches feed each of the siides. The WWI sheets 15' show oniy a 6", but 8" is required. PC1.0 and PC3.1 show no size on the discharge 16 side of the pump or the pump fittings and valves; but 8" is repuired. 17 18 Item #2 As a reminder: The specifiications on C0.0 have many important provisions and 19 specifics that are not covered elsewhere. 20 ADDENDUM NO. 2 00902-1 CHANGE ORDER PROJECT: Site Support Package CHANGE ORDER NUMBER: 1 Cape Splash Expansion Cape Girardeau, Missouri FROM: City of Cape Girardeau ENGINEER'S PROJECT.NO. 1304 410 Kiwanis Drive Owner's Project No.:N/A Cape Girardeau, Missouri 63703 TO: Mr. Michael Opels KCI Construction Company 10315 Lake Bluff Drive, St.Louis,MO 63123 You are directed to make the followin�changes in this Contract: This change order includes 2 items, resulting in a net cost increase of$15,560.00. The items are as follows: Item 1 Remediate unacceptable and wet soils under the runout pad. See the attached Contractor's proposal and description of work. $ 12,505.00 Item 2 Replace the specified solid sod under the slides with cobble stones and a rigid edging to ease maintenance and assure against erosion. See the attached Contractor's proposal and Description of Work. $ 3,055.00 NET increase: $15,560.00 Not valid until signed by both the Owner and Engineer. Signature of the Contractor indicates his agreement herewith, including any adjustrnent in the Contract Sum or Contract Time related to the referenced items. All other provisions of the contract documents remain unchanged. The original Contract Sum was....................................................................................................... $ 428,022.00 Net change by previously authorized Change Orders........................................................................................ 0 The Contract Sum prior to this Change Order was..........................................................................$ 428,022.00 The Contract Sum increase by this ChangeOrder will be................................................................................................$ 15,560.00 The new Contract Sum including this Change Order will be............................................................$443,582.00 The Contract Time will be unchanged...................................................................................................... 0 days Recommended: Authorized: Accepted: Markev and Assoc.,Inc. KCI Construction Companv Citv of Cape Girardeau Engineer Contractor Owner 4253 Edgewater Ct. 10315 Lake Bluff Drive 401 Independence Street Address Address Address Kennesaw, GA 30144 St. Louis MO 63123 Cape Girardeau, MO 63703 .�,1- - �/6 Date: 4/17/15 Date: y L Zo�� Dat . < -��- ate � � , CHANGE ORDER PROJECT: Site Support Package CHANGE ORDER NUMBER: 1 Cape Splash Expansion Cape Girardeau,Missouri FROM: City of Cape Girardeau ENGINEER'S PROJECT.NO. 1304 410 Kiwanis Drive Owner's Project No.:N/A Cape Girardeau, Missouri 63703 TO: Mr. Michael Opels KCI Construction Company 10315 Lake Bluff Drive, St.Louis,MO 63123 You are directed to make the following changes in this Contract: This change order includes 2 items, resulting in a net cost increase of$15,560.00. The items are as follows: Item 1 Remediate unacceptable and wet soils under the runout pad. See the attached Contractor's proposal and description of work. $ 12,505.00 Item 2 Replace the specified solid sod under the slides with cobble stones and a rigid edging to ease maintenance and assure against erosion. See the attached Contractor's proposal and Description of Work. $ 3,055.00 NET increase: $15,560.00 Not valid until signed by both the Owner and Engineer. Signature of the Contractor indicates his agreement herewith, including any adjusfiment in the Contract Sum or Contract Time related to the referenced items. All other provisions of the contract documents remain unchanged. The original Contract Sum was....................................................................................................... $ 428,022.00 Net change by previously authorized Change Orders........................................................................................ 0 The Contract Sum prior to this Change Order was..........................................................................$ 428,022.00 The Contract Sum increase by this Change Order will be................................................................................................$ 15,560.00 The new Contract Sum including this Change Order will be............................................................$443,582.00 The Contract Time will be unchanged...................................................................................................... 0 days Recommended: Authorized: Accepted: Markev and Assoc.,Inc. KCI Construction Companv City of Cape Girardeau Engineer Contractor Owner 4253 Edgewater Ct. 10315 Lake Bluff Drive 401 Independence Street Address Address Address Kennesaw,GA 30144 St. Louis MO 63123 Cape Girardeau, MO 63703 ��� �� Date: 4/17/15 Date: � t za�� Dat . � ��t- ate ,; � � � i �� CHANGE ORDFit PROJECT: Site Support Package i CHANGE ORDER NUMBER: 3 C�ne Splash Expansion Cape Girardeau, Missouri FROM: City of Cape Girardeau ENGINEER'S PROJECT. NO. 1304 410 Kiwanis Drive Owner's Project No.:N/A Cape Girardeau, Missouri 63703 TO: Mr. Michael Opels KCI Construction Company 10315 Lake Bluff Drive, St. Louis,MO 63123 You are directed to make the following changes in this Contract: This change order includes 1 item, resulting in a net cost increase of $2,845.00. The item is as follows: Remediate unacceptable and wet soils under 2 pier footings and the new surge tank. See the attached Contractor's proposal and description of work. $ 2,845.00 Note: There was no Change Order#2 since the Contractor's Change Proposals#1 &#2 were included in the executed Change Order#1 Not valid until signed by both the Owner and Engineer. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time related to the referenced items. All other provisions of the contract documents remain unchanged. The original Contract Sum was .......................................................................................................$ 428,022.00 Net change by previously authorized Change Orders.....................................................................$ l 5,560.00 The Contract Sum prior to this Change Order was .........................................................................$ 443,582.00 The Contract Sum increase by this Change Order will be................................................................................................ $ 2,845.00 The new Contract Sum including this Change Order will be............................................................$446,427.00 The Contract Time will be unchanged...................................................................................................... 0 days Recommended: Authorized: Accepted: Markey and Assoc., Inc. KCI Construction Company City of Cape Girardeau Engineer Contractor Owner 4253 Edgewater Ct. 10315 Lake Bluff Drive 401 Independence Street Address Address Address Kennesaw, GA 30144 St. Louis MO 63123 Ca Girardeau MO 63703 ��� � �� � -`�- �' � �. Date: 5/18/15 Date: �/�i %/�% Date: -1 � �''�� ----__-=a Date G�1�•I "�'� •. ' r CHANG��BIDER PROJECT: Site Support Package � CHANGE ORDER NUMBER: 4 Cape Splash Expansion Cape Girardeau, Missouri FROM: City of Cape Girardeau ENGINEER'S PROJECT. NO. 1304 410 Kiwanis Drive Owner's Project No.:N/A Cape Girardeau, Misso�ri b��13 TO: Mr. Michael Opels KCI Construction Comp�ny 10315 Lake Bluff Drive, St.LUttii,�10 63123 You are directed to make the following changes in this Contract: This change order includes 1 item, resulting in a net cost increase of $4,786.00. The item is as follows: Furnish & Install 65 linear feet by 24" high segmental block retaining wall to ease the transition between the existing pool deck by the Lazy River and the new Slide Run-out Pad and to discourage bathers from taking shortcuts exiting the new slides. See the attached Contractor's proposal breakdown. $ 4,786.00 Not valid until signed by both the Owner and Engineer. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time related to the referenced items. All other provisions of the contract documents remain unchanged. The original Contract Sum was .......................................................................................................$ 428,022.00 Net change by previously authorized Change Orders.....................................................................$ 18,405.00 The Contract Sum prior to this Change Order was ..........................................................................$446,427.00 The Contract Sum increase by this Change Order will be.................................................................................................$ 4,786.00 The new Contract Sum including this Change Order will be............................................................$45l,213.00 The Contract Time will be unchanged...................................................................................................... 0 days Recommended: Authoiized: Accepted: Markey and Assoc., Inc. KCI Construction Com�anv Citv of Cape Girardeau Engineer Contractor Owner 4253 Edgewater Ct. 10315 Lake Bluff Drive 401 Independence Street Address Address Address Kennesaw, GA 30144 St. Loui M 63123 Cape Girardeau, MO 63703 �:�%�� �2- `%�� c Date: 5/18/15 Date: � 'L1 ��3" Date: �• �. I �� i Date �r��l� , .r � CHANGE ORDER PROJECT: Site Support Package CHANGE ORDER NLTMBER: 5 Cape Splash Expansion Cape Girardeau, Missouri FROM: City of Cape Girardeau ENGINEER'S PROJECT.NO. 1304 410 Kiwanis Drive Owner's Project No.:N/A Cape Girazdeau, Missouri 63703 TO: Mr.Michael Opels KCI Construction Company 10315 Lake Bluff Drive, St.Louis,MO 63123 You are directed to make the followinQ chan�es in this Contract: This change order includes 5 items as listed on the attached page and as detailed in the several applicable Contractor's Change Proposals,resulting in a net cost increase of$7,127.00. Not valid until signed by both the Owner and Engineer. Signature of the Contractor indicates his agreement herewith,including any adjustment in the Contract Sum or Contract Time related to the referenced items. All other provisions of the contract documents remain unchanged. The original Contract Sum was.......................................................................................................$ 428,022.00 Net change by previously authorized Change Orders.....................................................................$ 23,191.00 The Contract Sum prior to this Change Order was.........................................................................$ 451,213.00 The Contract Sum increase by this Change Order will be $ 7,127.00 The new Contract Sum including this Change Order will be..........................................................$ 458,340.00 The Contract Time will be unchanged...................................................................................................... 0 days Recommended: Authorized: Accepted: Mazkey and Assoc.,Inc. KCI Construction Company Cit�of Cape Girardeau Engineer Contractor Owner 4253 EdQewater Ct. 10315 Lake Bluff Drive 401 Indevendence Street Address Address Address Kennesaw,GA 30144 St. MO 63123 Cape Girardeau, MO 63703 �:!%'/� ��� �...._. Date: 7/10/15 Date: � Date. �-��'D� �5 � - Date t�—�S „ * t , City of Cape Girardeau Cape Splash Expansion Site Support Package Change Order#5—Itemized Breakdown Item 1 Reconciliarion of unit priced rock for final contract amount $ 760.00 Item 2 Reduction in quantity of concrete walkway at end of slides runout -$ 932.00 Item 3 (CP#5)Increase the length of the site retaining wall that was added in C.O.#4 $ 1,414.00 Item 4 (CP#6)Add bonding and grounding at the slide per NEC&other misc. electrical $ 3,725.00 Item 5 (CP#8)Add a second set of gates in the relocated perimeter fence 2 160.00 . Total This Change Order* $ 7,127.00 Note: CP#7 is not included above,but is being considered as Change Order#6 CHANGE ORDER PROJECT: Site Support Package CHANGE ORDER NUMBER: 6 Cape Splash Expansion � Cape Girardeau, Missouri FROM: City of Cape Girardeau ENGINEER'S PROJECT. NO. 1304 410 Kiwanis Drive Owner's Project No.:N/A Cape Girardeau, Missouri 63703 TO: Mr. Michael Opels KCI Construction Company 10315 Lake Bluff Drive, St. Louis, MO 63123 You are directed to make the followin�nges in this Contract: This change order includes 1 item detailed in the Contractor's Change Proposal #7, which is a claim for delay costs associated with the inability of the City's other concurrent Contractor and Waterslide supplier, Whitewater West Industries Ltd, to furnish materials and complete their work in the schedule required and as referenced in the Site Support Package Contractor's (KCI's) contract. The resulting increase is $42,022.00. Not valid until signed by both the Owner and Engineer. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time related to the referenced items. All other provisions of the contract documents remain unchanged. The original Cont�act Sum was .......................................................................................................$ 428,022.00 Net change by previously authorized Change Orders.....................................................................$ 30,318.00 The Contract Sum prior to this Change Order was.........................................................................$ 458,340.00 The Contract Sum increase by this Change Order will be $ 42,022.00 The new Contract Sum including this Change Order will be..........................................................$ 500,362.00 TheContract Time will be unchanged...................................................................................................... 0 days Recommended: Authorized: Accepted: Markey and Assoc., Inc. KCI Construction Compan�_ City of Cape Girardeau Engineer Contractor Owner 4253 Ed�ewater Ct. 10315 Lake Bluff Drive 401 Independence Street Address Address Address Kennesaw, GA 30144 St. L is MO 631 �3 Cape Girardeau, MO 63703 Date: 7/10/15 Date: D � ate: Date /O-�-/S CHANGE ORDER PROJECT: Site Support Package CHANGE ORDER NUMBER: 7 Cape Splash Expansion Cape Girardeau, Missouri FROM: City of Cape Girardeau ENGINEER'S PROJECT. NO. 1304 410 Kiwanis Drive Owner's Project No.:N/A Cape Girardeau, Missouri 63703 TO: Mr. Michael Opels KCI Construction Company 10315 Lake Bluff Drive, St. Louis,MO 63123 You are directed to make the followin changes in this Contract: This change order includes 1 item detailed in the Contractor's Change Proposal #9 (there is no relevant Change Proposal #8), which is a request for payment of the costs to move the emergency cut- of switch at the top of the slide tower to a different location from that which was originally approved and completed. The contractor's documentation is attached. The resulting increase is $955.00. Not valid until signed by both the Owner and Engineer. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time related to the referenced items. All other provisions of the contract documents remain unchanged. The original Contract Sum was .......................................................................................................$ 428,022.00 Net change by previously authorized Change Orders.....................................................................$ 72,340.00 The Contract Sum prior to this Change Order was .........................................................................$ 500,362.00 The Contract Sum increase by this Change Order will be $ 955.00 The new Contract Sum including this Change Order will be..........................................................$ 501,317.00 The Contract Time will be unchanged...................................................................................................... 0 days Recommended: Authorized: Accepted: Markev and Assoc., Inc. KCI Construction Companv Citv of Cape Girardeau Engineer Contractor Owner 4253 Edgewater Ct. 10315 Lake Bluff Drive 401 Independence Street Address Address Address Kennesaw. GA 30144 St. Louis 63123 Ca e irardeau MO 63703 Date: 8/12/15 Date: 0 4 • Date: t�.�6.1 Date_ io-P-/S