Bartlett &West Driv<ng Community and Industry Forward, Together

Transcription

1 PROJECT MANUAL FOR 2018 WATER DISTRIBUTION SYSTEM IMPROVEMENTS PUBLIC WATER SUPPLY DISTRICT NO.4 OF COLE COUNTY, MISSOURI Water System No. M GARY WILLIAM DAVIS- PROFESSIONAL ENGINEER LICENSE NO. PE BARTLETT & WEST, INC. MISSOURI CERTIFICATE OF AUTHORITY NO (ENGINEERING) 1719 SOUTH RIDGE DRIVE, SUITE 100 JEFFERSON CITY, MO Bartlett &West Driv<ng Community and Industry Forward, Together PROJECT NO DATE PREPARED: OCTOBER 2, 2017

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3 PROJECT MANUAL SPECIFICATIONS & CONTRACT DOCUMENTS For 2018 Water Distribution System Improvements P.W.S.D. No. 4 of Cole County 7712 Route M Jefferson City, MO Phone: (573) Fax: (573) DISTRICT BOARD: Gary VanDeVelde James Hofmann Daniel Sanning Robert Kerperin Kenneth Sandbothe Will Humphrey Dave Schwaller President Vice-President Member Member Member Operations Manager & Clerk Treasurer PREPARED BY: ATTORNEY: Bartlett & West, Inc. Rudolph L. Veit 1719 Southridge Drive, Suite 100 Carson & Coil, P.C. Jefferson City, Missouri E. High Street Jefferson City, MO Phone: (573) Phone: (573) Fax: (573) PROJECT NO OCTOBER, 2017 ALL RIGHTS RESERVED. All Bartlett & West, Inc. plans, specifications and drawings are protected under copyright law, and no part may be copied, reproduced, displayed publicly, used to create derivatives, distributed, stored in a retrieval system or transmitted in any form by any means without prior written permission of Bartlett & West, Inc.

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5 CONTRACT DOCUMENT INDEX SUBJECT ADVERTISEMENT FOR BIDS INFORMATION FOR BIDDERS PAGE TO PAGE AB-1 IB-1 to IB-4 BID B-1 to B-12 BID BOND BB-1 to BB-2 CERTIFICATE OF OWNER'S ATTORNEY C-1 AGREEMENT A-1 to A-3 PERFORMANCE BOND PAYMENT BOND GENERAL CONDITIONS SUPPLEMENTAL GENERAL CONDITIONS TAX EXEMPTION PROJECT EXEMPTION FORM DISTRICT EXEMPTION LETTER WAGE RATES COLE COUNTY AFFIDAVIT COMPLIANCE WITH THE PREVAILING WAGE LAW PFB-1 to PFB-3 PYB-1 to PYB-3 GC-1 to GC-15 SG-1 to SG-12 TE-1 WR-1 to WR-14 TECHNICAL SPECIFICATIONS DIVISION 1 GENERAL REQUIREMENTS Section Preliminary Matters Section Administrative Provisions Section Summary of Work Section Measurement and Payment Section Application for Payments Section Construction Schedules and Values Section Shop Drawings, Product Data and Samples Section Quality Control Section Acceptance Testing Section Temporary Facilities and Controls CDI-1

6 Section Section Section Section Material and Equipment Starting of Systems Contract Close-out Project Record Documents DIVISION 2 SITE WORK Section Earthwork Section Temporary Erosion and Sediment Controls Section Excavating Section Backfilling Section Trenching Section Water Distribution Trenching, Excavation and Backfilling Section Water Distribution Boring Section Water Distribution Boring HDPE Pipe Only Section Water Distribution Piping Section Fused Pipe Water Distribution (Fused HDPE and PVC) Section Water Distribution Valves and Appurtenances Section Water Distribution Testing and Disinfection Section Pipe Culverts Section Chain Link Fences and Gates Section Farm Type Fences and Gates Section Site Restoration DIVISION 3 CONCRETE Section Cast-In-Place Concrete DIVISION 13 SPECIAL CONSTRUCTION Section Factory Built Control Valve Stations APPENDIX DNR Construction Permit Approval CDI-2

7 P.W.S.D. No. 4 of Cole County, MO Route M Jefferson City, MO ADVERTISEMENT FOR BIDS Separate sealed BIDS for the construction of: 2018 WATER DISTRIBUTION SYSTEM IMPROVEMENTS: PARTS 1, 2, & 3 will be received by P.W.S.D. No. 4 of Cole County, MO. at the office of P.W.S.D. No. 4 of Cole County, MO., 7712 Route M, Jefferson City, MO until 1:00 PM local time on November 2, 2017, and then at said office publicly opened and read aloud. A PRE-BID CONFERENCE will be held on Thursday, October 19 th, 2017, at 1:00 p.m. at PWSD No. 4 of Cole County, 7712 Route M, Jefferson City, MO The CONTRACT DOCUMENTS may be examined at the following locations: 1. Bartlett & West, Inc., 1719 Southridge Drive, Suite 100, Jefferson City, MO 65109, on Mondays through Fridays between the hours of 8:00 a.m. and 4:30 p.m. 2. Office of the P.W.S.D. No. 4 of Cole County, MO, 7712 Route M, Jefferson City, MO 65101, on Mondays through Fridays between the hours of 8:00 a.m. and 4:30 p.m. 3. American Document Solutions, 1400 Forum Boulevard, Suite 1C, Columbia, MO 65203, Phone: (573) , Fax: (573) , orders@adsmo.net: Online: Copies of the CONTRACT DOCUMENTS may ONLY be obtained at the office of American Document Solutions (ADS), 1400 Forum Boulevard, Suite 1C, Columbia, MO 65203, Phone: (573) , Fax: (573) , orders@adsmo.net upon payment of a non-refundable deposit. Purchase price is available upon request from American Document Solutions. Checks for Bidding Documents shall be made payable to ADS and mailing costs are the responsibility of the purchaser. Upon request and receipt of the document deposit plus a non-refundable shipping charge, ADS will transmit the Bidding Documents via delivery service. The shipping charge amount will depend on the shipping method selected by the prospective Bidder. The date that the Bidding Documents are transmitted by ADS will be considered the Bidder s date of receipt of the Bidding Documents. Partial sets of Bidding Documents will not be available from ADS. Neither Owner nor Engineer will be responsible for full or partial sets of Bidding Documents, including Addenda if any, obtained from sources other than ADS. Bartlett & West, Inc. P.W.S.D. No. 4 of Cole County, MO Southridge Drive, Suite Route M Jefferson City, MO Jefferson City, MO Phone: (573) Phone: (573) Fax: (573) Fax: (573) AB - 1

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9 INFORMATION FOR BIDDERS BIDS will be received by P.W.S.D. No. 4 of Cole County, MO. at P.W.S.D. No. 4 of Cole County, MO., 7712 Route M, Jefferson City, MO until 1:00 PM local time on November 2, 2017 and then at said office publicly opened and read aloud. A PRE-BID CONFERENCE will be held on Thursday, October 19 th, 2017, at 1:00 p.m. at PWSD No. 4 of Cole County, 7712 Route M, Jefferson City, MO Each BID must be submitted in a sealed envelope, addressed to P.W.S.D. No. 4 of Cole County, MO., 7712 Route M, Jefferson City, MO Each sealed envelope containing a BID must be plainly marked on the outside as BID for 2018 Water Distribution System Improvements and the envelope should bear on the outside the BIDDER'S name, address, and license number if applicable, and the name of the project for which the BID is submitted. If forwarded by mail, the sealed envelope containing the BID must be enclosed in another envelope addressed to the OWNER at P.W.S.D. No. 4 of Cole County, MO., 7712 Route M, Jefferson City, MO All BIDS must be made on the required BID form. All blank spaces for BID prices must be filled in, in ink or typewritten, and the BID form must be fully completed and executed when submitted. Only one copy of the BID form is required. Tied bids will not be considered by the OWNER. Not less than the prevailing hourly rate of wages, as set out in the wage order attached to and made part of the specification for work under the contract, shall be paid to all workers performing work under the contract (Section , RSMo). The CONTRACTOR shall comply in all respects with Sections through R.S.MO. The CONTRACTOR will forfeit a penalty to the contracting public body of $100 per day (or portion of a day) for each worker that is paid less than the prevailing rate for any work done under the contract by the CONTRACTOR or by any subcontractor. The CONTRACTOR and all subcontractors to the contract must require all on-site employees to complete the ten-hour construction safety training program required under Section , RSMo, unless they have previously completed the program and have documentation of having done so. The CONTRACTOR will forfeit a penalty to the contracting public body of $2,500 plus an additional $100 for each employee employed by the contractor or subcontractor, for each calendar day, or portion thereof, such employee is employed without the required training. The OWNER may waive any informalities or minor defects or reject any and all BIDS. Any BID may be withdrawn prior to the above scheduled time for the opening of IB - 1

10 BIDS or authorized postponement thereof. Any BID received after the time and date specified shall not be considered. No BIDDER may withdraw a BID within 90 days after the actual date of the opening thereof. Should there be reasons why the contractor cannot be awarded within the specified period, the time may be extended by mutual agreement between the OWNER and the BIDDER. BIDDERS must satisfy themselves of the accuracy of the estimated quantities in the BID Schedule by examination of the site and a review of the drawings and specifications including ADDENDA. After BIDS have been submitted, the BIDDER shall not assert that there was a misunderstanding concerning the quantities of WORK or of the nature of the WORK to be done. The OWNER shall provide to BIDDERS prior to BIDDING, all information which is pertinent to, and delineates and describes, the land owned and rights-of-way acquired or to be acquired. The CONTRACT DOCUMENTS contain the provisions required for the construction of the PROJECT. Information obtained from an officer, agent, or employee of the OWNER or any other person shall not affect the risks or obligations assumed by the CONTRACTOR or relieve the contractor from fulfilling any of the conditions of the contract. Each BID must be accompanied by a BID bond payable to the OWNER for five percent of the total amount of the BID. As soon as the BID prices have been compared, the OWNER will return the BONDS of all except the three lowest responsible BIDDERS. When the Agreement is executed the bonds of the two remaining unsuccessful BIDDERS will be returned. The BID BOND of the successful BIDDER will be retained until the payment BOND and performance BOND have been executed and approved, after which it will be returned. A certified check may be used in lieu of a BID BOND. A performance BOND and a payment BOND each in the amount of 100 percent of the CONTRACT PRICE, with a corporate surety approved by the OWNER, will be required for the faithful performance of the contract. Attorneys-in-fact who sign BID BONDS or payment BONDS and performance BONDS must file with each BOND a certified and effective dated copy of their power of attorney. The party to whom the contract is awarded will be required to execute the Agreement and obtain the performance BOND and payment BOND within fifteen (15) calendar days from the date when NOTICE OF AWARD is delivered to the BIDDER. The NOTICE OF AWARD shall be accompanied by the necessary Agreement and BOND forms. In case of failure of the BIDDER to execute the Agreement, the OWNER may consider the BIDDER in default, in which case the BID BOND accompanying the proposal shall become the property of the OWNER. Upon default by the first low IB - 2

11 BIDDER the AWARD may then be made to the next lowest responsible BIDDER, or the WORK may be readvertised for a construction CONTRACT or otherwise, as the OWNER may decide. The OWNER upon receipt of an acceptable performance BOND, payment BOND, Certificate of Insurance, and AGREEMENT signed by the party to whom the AGREEMENT was awarded, shall within a reasonable period of time sign the AGREEMENT and return to such party an executed duplicate of the AGREEMENT. The OWNER upon signing the AGREEMENT and within a reasonable period of time shall issue the NOTICE TO PROCEED. The OWNER may make such investigations as deemed necessary to determine the ability of the BIDDER to perform the WORK, and the BIDDER shall furnish to the OWNER all such information and data for this purpose as the OWNER may request. The OWNER reserves the right to reject any BID if the evidence submitted by, or investigation of, such BIDDER fails to satisfy the OWNER that such BIDDER is properly qualified to carry out the obligations of the Agreement and to complete the WORK contemplated therein. The Owner reserves the right to award the contract in any combination of base bid and alternate bids. Any combination of base bid items or alternate bid items may be used to determine low bidder. Alternate bid items will be good for the life of the contract. Bidders will be required to show previous experience in constructing at least five projects of comparable size and complexity. Enclosed with Bid, Bidders shall include a project experience form that includes, as a minimum, project name, project owner, project number, project A/E, Bidder s company name, address, city, state, zip code, contact person, phone number, fax number, number of years in business, and experience. Bidder s experience, as a minimum, shall contain project descriptions for a minimum of five (5) projects completed within the last five (5) years of similar scope and price. Failure to submit project experience form may be cause for Owner to reject the Bid. Each project description shall include the name of the project, date completed, total price, project scope description, Owner s name and contact information and A/E s name and contact information. Bidder shall also submit with the Bid a listing of subcontractors and corresponding areas of construction for the subcontractors that will be used for project completion. If a Bidder will use a subcontractor for an area of construction and does not know at time of Bid the choice of subcontractor, Bidder shall submit a list of potential subcontractors or shall list as To Be Determined. Subcontractor listings shall include name, address, phone number, contact person and scope of subcontractors work. All subcontractors on the project will be required to submit a project experience form. Subcontractor experience forms will include same information as Bidder s experience forms, in addition to Part of this contract, General Contractor s Name, and General Contractor on previous projects. Subcontractor forms will be required prior to IB - 3

12 subcontractor beginning work on the project, but are not required to be submitted with the Bid. All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the PROJECT shall apply to the contract throughout. Each BIDDER is responsible for inspecting the site and for reading and being thoroughly familiar with the CONTRACT DOCUMENTS. The failure or omission of any BIDDER to do any of the foregoing shall in no way relieve any BIDDER from any obligation in respect to its BID. The low BIDDER shall supply the names and addresses of major material SUPPLIERS and SUBCONTRACTORS when required to do so by the OWNER. The A/E is Bartlett & West, Inc. The A/E's address is 1719 Southridge Drive, Suite 100, Jefferson City, MO IB - 4

13 BID Proposal of (hereinafter called "BIDDER"), organized and existing under the laws of the State of doing business as * to the P.W.S.D. No. 4 of Cole County, MO. In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all WORK for the construction of 2018 WATER DISTRIBUTION SYSTEM IMPROVEMENTS in strict accordance with the CONTRACT DOCUMENTS, within the time set forth therein, and at the prices stated below. By submission of this BID, each BIDDER certifies, and in the case of a joint BID each party thereto certifies as to its own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor. BIDDER hereby agrees to commence WORK under this contract on or before a date to be specified in the NOTICE TO PROCEED and to fully complete the PROJECT for all parts of the entire project within 303 consecutive calendar days thereafter. BIDDER further agrees to pay as liquidated damages, the sum of $ for each consecutive calendar day thereafter as provided in Section 15 of the General Conditions. BIDDER acknowledges receipt of the following ADDENDUM: * Insert "a corporation", "a partnership", or "an individual" as applicable. B - 1

14 ITEM APPLICABLE PART(S) DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE EXTENSION 1 1, 2, 3 Mobilization / demobilization 1 LS $ $ 2 1, 2, 3 Erosion control 1 LS $ $ 3 1, 2, 3 Traffic control 1 LS $ $ 4 1, 2, 3 Abandonments and removals 1 LS $ $ 5 1, 2, 3 Locate / pothole / probe existing water lines and storm drains 1 LS $ $ 6 1, 2, 3 Repair / replace existing utilities and improvements 1 LS $ $ 7 1, 2, 3 Clean-up and restoration 1 LS $ $ 8 3 6" PR200 PVC water line 30 LF $ $ 9 1, 2, 3 8" PR200 PVC water line 8,440 LF $ $ " gate valve 1 EA $ $ 11 2, 3 8" bends, all angles 20 EA $ $ " solid sleeve 1 EA $ $ " bends, all angles 1 EA $ $ " x 1" saddle and corp 1 EA $ $ Flush / pig / pressure test / 15 1, 2, 3 disinfect / dechlorinate / bac-t test 1 LS $ $ " DR11 PC200 DIPS HDPE bore 120 LF $ $ Bode Ferry creek crossing Base Bid Part 1 + Part 2 + Part 3 Union Pacific Railroad Crossing 16" steel casing dry bore and 8" DR11 PC200 DIPS HDPE carrier pipe 110 LF $ $ 8" DR11 PC200 DIPS HDPE open cut outside of casing limits 50 LF $ $ State Route J crossing 14" steel casing bore and 8" PR200 RJ PVC carrier pipe 40 LF $ $ 8" PR200 RJ PVC open cut outside of casing limits 20 LF $ $ State Route M crossing at Sunrise 12" steel casing bore and 6" PR200 RJ PVC carrier pipe 40 LF $ $ 6" PR200 RJ PVC open cut outside of casing limits 50 LF $ $ State Route M crossing at bank 14" steel casing bore and 8" PR200 RJ PVC carrier pipe 70 LF $ $ 8" PR200 RJ PVC open cut outside of casing limits 30 LF $ $ Sebo Lane crossing 15" SDR 35 PVC casing open cut and 8" PR200 RJ PVC carrier pipe 40 LF $ $ 8" PR200 RJ PVC open cut outside of casing limits 40 LF $ $ Stegeman concrete drive bore - 8" PR200 PVC 20 LF $ $ Forck yard bore - 8" PR200 RJ PVC 30 LF $ $ B - 2

15 No More Victims Road PRV Removal, complete 1 LS $ $ State Route J PRV Removal, complete 1 LS $ $ Osage City PRV station, complete 1 LS $ $ 32 1 Detail RW03-1 incl. post hydrant 1 LS $ $ 33 1 Detail RW04-1 incl. fire hydrant 1 LS $ $ 34 1 Detail RW05-1 incl. water test pit 1 LS $ $ 35 2 Detail RW LS $ $ 36 2 Detail RW08-1 incl. fire hydrant 1 LS $ $ 37 2 Detail RW LS $ $ 38 3 Detail RW LS $ $ 39 3 Detail RW12-2 incl. fire hydrant 1 LS $ $ 40 3 Detail RW LS $ $ 41 3 Detail RW13-2 incl. fire hydrant 1 LS $ $ 42 3 Detail RW14-1 incl. fire hydrant 1 LS $ $ 43 3 Detail RW LS $ $ 44 3 Detail RW LS $ $ 45 3 Detail RW15-2 incl. fire hydrant 1 LS $ $ 46 3 Detail RW LS $ $ 47 3 Detail RW LS $ $ 48 3 Detail RW16-3 incl. fire hydrant 1 LS $ $ 49 3 Detail RW LS $ $ 50 3 Detail RW LS $ $ 51 3 Detail RW LS $ $ 52 3 Meter Reconnect - Note 1 6 EA $ $ 53 3 Meter Reconnect - Note 2 16 EA $ $ 54 3 Meter Reconnect - Note 3 2 EA $ $ 55 3 Meter Reconnect - Note 4 1 EA $ $ 56 1 Backes - meter pit, setter, ring/lid, and service line 1 LS $ $ 57 3 Lane - connect to existing 1" CTS 2' downstream of existing meter 1 LS $ $ 58 3 Lage - extend existing service line to new 8" main 1 LS $ $ 59 3 Voss - extend existing service line to new 8" main 1 LS $ $ 60 3 Fidler - install entire new service line and connect to new 8" main 1 LS $ $ 61 3 PWSD No. 4 - install new 1" service line; use 4" existing pipe as casing; reconnect to meter 1 LS $ $ 62 3 F&L Properties - reconnect existing 2" meter using existing service line 1 LS $ $ Total Base Bid = $ B - 3

16 ITEM APPLICABLE PART(S) DESCRIPTION Alternate Bid 1 Part 1 + Part 2 ESTIMATED QUANTITY UNIT UNIT PRICE EXTENSION 1 1, 2 Mobilization / demobilization 1 LS $ $ 2 1, 2 Erosion control 1 LS $ $ 3 1, 2 Traffic control 1 LS $ $ 4 1, 2 Abandonments and removals 1 LS $ $ 5 1, 2 Locate / pothole / probe existing water lines and storm drains 1 LS $ $ 6 1, 2 Repair / replace existing utilities and improvements 1 LS $ $ 7 1, 2 Clean-up and restoration 1 LS $ $ 8 3 6" PR200 PVC water line 0 LF $ $ 9 1, 2 8" PR200 PVC water line 2,250 LF $ $ " gate valve 1 EA $ $ " bends, all angles 5 EA $ $ " solid sleeve 1 EA $ $ " bends, all angles 0 EA $ $ " x 1" saddle and corp 0 EA $ $ 15 1, 2 Flush / pig / pressure test / disinfect / dechlorinate / bac-t test 1 LS $ $ Bode Ferry creek crossing " DR11 PC200 DIPS HDPE bore 120 LF $ $ Union Pacific Railroad Crossing " steel casing dry bore and 8" DR11 PC200 DIPS HDPE carrier pipe 110 LF $ $ " DR11 PC200 DIPS HDPE open cut outside of casing limits 50 LF $ $ State Route J crossing " steel casing bore and 8" PR200 RJ PVC carrier pipe 40 LF $ $ " PR200 RJ PVC open cut outside of casing limits 20 LF $ $ State Route M crossing at Sunrise " steel casing bore and 6" PR200 RJ PVC carrier pipe 0 LF $ $ " PR200 RJ PVC open cut outside of casing limits 0 LF $ $ State Route M crossing at bank " steel casing bore and 8" PR200 RJ PVC carrier pipe 0 LF $ $ " PR200 RJ PVC open cut outside of casing limits 0 LF $ $ Sebo Lane crossing " SDR 35 PVC casing open cut and 8" PR200 RJ PVC carrier pipe 0 LF $ $ " PR200 RJ PVC open cut outside of casing limits 0 LF $ $ 27 3 Stegeman concrete drive bore - 8" PR200 PVC 0 LF $ $ 28 3 Forck yard bore - 8" PR200 RJ PVC 0 LF $ $ B - 4

17 No More Victims Road PRV Removal, complete 1 LS $ $ State Route J PRV Removal, complete 1 LS $ $ Osage City PRV station, complete 1 LS $ $ 32 1 Detail RW03-1 incl. post hydrant 1 LS $ $ 33 1 Detail RW04-1 incl. fire hydrant 1 LS $ $ 34 1 Detail RW05-1 incl. water test pit 1 LS $ $ 35 2 Detail RW LS $ $ 36 2 Detail RW08-1 incl. fire hydrant 1 LS $ $ 37 2 Detail RW LS $ $ 38 3 Detail RW LS $ $ 39 3 Detail RW12-2 incl. fire hydrant 0 LS $ $ 40 3 Detail RW LS $ $ 41 3 Detail RW13-2 incl. fire hydrant 0 LS $ $ 42 3 Detail RW14-1 incl. fire hydrant 0 LS $ $ 43 3 Detail RW LS $ $ 44 3 Detail RW LS $ $ 45 3 Detail RW15-2 incl. fire hydrant 0 LS $ $ 46 3 Detail RW LS $ $ 47 3 Detail RW LS $ $ 48 3 Detail RW16-3 incl. fire hydrant 0 LS $ $ 49 3 Detail RW LS $ $ 50 3 Detail RW LS $ $ 51 3 Detail RW LS $ $ 52 3 Meter Reconnect - Note 1 0 EA $ $ 53 3 Meter Reconnect - Note 2 0 EA $ $ 54 3 Meter Reconnect - Note 3 0 EA $ $ 55 3 Meter Reconnect - Note 4 0 EA $ $ 56 1 Backes - meter pit, setter, ring/lid, and service line 1 LS $ $ 57 3 Lane - connect to existing 1" CTS 2' downstream of existing meter 0 LS $ $ 58 3 Lage - extend existing service line to new 8" main 0 LS $ $ 59 3 Voss - extend existing service line to new 8" main 0 LS $ $ 60 3 Fidler - install entire new service line and connect to new 8" main 0 LS $ $ 61 3 PWSD No. 4 - install new 1" service line; use 4" existing pipe as casing; reconnect to meter 0 LS $ $ 62 3 F&L Properties - reconnect existing 2" meter using existing service line 0 LS $ $ Total Alternate Bid 1 = $ B - 5

18 ITEM APPLICABLE PART(S) DESCRIPTION Alternate Bid 2 Part 1 Only ESTIMATED QUANTITY UNIT UNIT PRICE EXTENSION 1 1 Mobilization / demobilization 1 LS $ $ 2 1 Erosion control 1 LS $ $ 3 1 Traffic control 1 LS $ $ 4 1 Abandonments and removals 1 LS $ $ 5 1 Locate / pothole / probe existing water lines and storm drains 1 LS $ $ 6 1 Repair / replace existing utilities and improvements 1 LS $ $ 7 1 Clean-up and restoration 1 LS $ $ 8 3 6" PR200 PVC water line 0 LF $ $ 9 1 8" PR200 PVC water line 1,570 LF $ $ " gate valve 1 EA $ $ 11 2, 3 8" bends, all angles 0 EA $ $ " solid sleeve 0 EA $ $ " bends, all angles 0 EA $ $ " x 1" saddle and corp 0 EA $ $ 15 1 Flush / pig / pressure test / disinfect / dechlorinate / bac-t test 1 LS $ $ Bode Ferry creek crossing " DR11 PC200 DIPS HDPE bore 120 LF $ $ Union Pacific Railroad Crossing " steel casing dry bore and 8" DR11 PC200 DIPS HDPE carrier pipe 0 LF $ $ " DR11 PC200 DIPS HDPE open cut outside of casing limits 0 LF $ $ State Route J crossing " steel casing bore and 8" PR200 RJ PVC carrier pipe 0 LF $ $ " PR200 RJ PVC open cut outside of casing limits 0 LF $ $ State Route M crossing at Sunrise " steel casing bore and 6" PR200 RJ PVC carrier pipe 0 LF $ $ " PR200 RJ PVC open cut outside of casing limits 0 LF $ $ State Route M crossing at bank " steel casing bore and 8" PR200 RJ PVC carrier pipe 0 LF $ $ " PR200 RJ PVC open cut outside of casing limits 0 LF $ $ Sebo Lane crossing " SDR 35 PVC casing open cut and 8" PR200 RJ PVC carrier pipe 0 LF $ $ " PR200 RJ PVC open cut outside of casing limits 0 LF $ $ 27 3 Stegeman concrete drive bore - 8" PR200 PVC 0 LF $ $ 28 3 Forck yard bore - 8" PR200 RJ PVC 0 LF $ $ B - 6

19 No More Victims Road PRV Removal, complete 0 LS $ $ State Route J PRV Removal, complete 0 LS $ $ Osage City PRV station, complete 0 LS $ $ 32 1 Detail RW03-1 incl. post hydrant 1 LS $ $ 33 1 Detail RW04-1 incl. fire hydrant 1 LS $ $ 34 1 Detail RW05-1 incl. water test pit 1 LS $ $ 35 2 Detail RW LS $ $ 36 2 Detail RW08-1 incl. fire hydrant 0 LS $ $ 37 2 Detail RW LS $ $ 38 3 Detail RW LS $ $ 39 3 Detail RW12-2 incl. fire hydrant 0 LS $ $ 40 3 Detail RW LS $ $ 41 3 Detail RW13-2 incl. fire hydrant 0 LS $ $ 42 3 Detail RW14-1 incl. fire hydrant 0 LS $ $ 43 3 Detail RW LS $ $ 44 3 Detail RW LS $ $ 45 3 Detail RW15-2 incl. fire hydrant 0 LS $ $ 46 3 Detail RW LS $ $ 47 3 Detail RW LS $ $ 48 3 Detail RW16-3 incl. fire hydrant 0 LS $ $ 49 3 Detail RW LS $ $ 50 3 Detail RW LS $ $ 51 3 Detail RW LS $ $ 52 3 Meter Reconnect - Note 1 0 EA $ $ 53 3 Meter Reconnect - Note 2 0 EA $ $ 54 3 Meter Reconnect - Note 3 0 EA $ $ 55 3 Meter Reconnect - Note 4 0 EA $ $ 56 1 Backes - meter pit, setter, ring/lid, and service line 1 LS $ $ 57 3 Lane - connect to existing 1" CTS 2' downstream of existing meter 0 LS $ $ 58 3 Lage - extend existing service line to new 8" main 0 LS $ $ 59 3 Voss - extend existing service line to new 8" main 0 LS $ $ 60 3 Fidler - install entire new service line and connect to new 8" main 0 LS $ $ 61 3 PWSD No. 4 - install new 1" service line; use 4" existing pipe as casing; reconnect to meter 0 LS $ $ 62 3 F&L Properties - reconnect existing 2" meter using existing service line 0 LS $ $ Total Alternate Bid 2 = $ B - 7

20 ITEM APPLICABLE PART(S) DESCRIPTION Alternate Bid 3 Part 2 Only ESTIMATED QUANTITY UNIT UNIT PRICE EXTENSION 1 2 Mobilization / demobilization 1 LS $ $ 2 2 Erosion control 1 LS $ $ 3 2 Traffic control 1 LS $ $ 4 2 Abandonments and removals 1 LS $ $ 5 2 Locate / pothole / probe existing water lines and storm drains 1 LS $ $ 6 2 Repair / replace existing utilities and improvements 1 LS $ $ 7 2 Clean-up and restoration 1 LS $ $ 8 3 6" PR200 PVC water line 0 LF $ $ 9 2 8" PR200 PVC water line 680 LF $ $ " gate valve 0 EA $ $ " bends, all angles 5 EA $ $ " solid sleeve 1 EA $ $ " bends, all angles 0 EA $ $ " x 1" saddle and corp 0 EA $ $ 15 2 Flush / pig / pressure test / disinfect / dechlorinate / bac-t test 1 LS $ $ Bode Ferry creek crossing " DR11 PC200 DIPS HDPE bore 0 LF $ $ Union Pacific Railroad Crossing " steel casing dry bore and 8" DR11 PC200 DIPS HDPE carrier pipe 110 LF $ $ " DR11 PC200 DIPS HDPE open cut outside of casing limits 50 LF $ $ State Route J crossing " steel casing bore and 8" PR200 RJ PVC carrier pipe 40 LF $ $ " PR200 RJ PVC open cut outside of casing limits 20 LF $ $ State Route M crossing at Sunrise " steel casing bore and 6" PR200 RJ PVC carrier pipe 0 LF $ $ " PR200 RJ PVC open cut outside of casing limits 0 LF $ $ State Route M crossing at bank " steel casing bore and 8" PR200 RJ PVC carrier pipe 0 LF $ $ " PR200 RJ PVC open cut outside of casing limits 0 LF $ $ Sebo Lane crossing " SDR 35 PVC casing open cut and 8" PR200 RJ PVC carrier pipe 0 LF $ $ " PR200 RJ PVC open cut outside of casing limits 0 LF $ $ 27 3 Stegeman concrete drive bore - 8" PR200 PVC 0 LF $ $ 28 3 Forck yard bore - 8" PR200 RJ PVC 0 LF $ $ B - 8

21 No More Victims Road PRV Removal, complete 1 LS $ $ State Route J PRV Removal, complete 1 LS $ $ Osage City PRV station, complete 1 LS $ $ 32 1 Detail RW03-1 incl. post hydrant 0 LS $ $ 33 1 Detail RW04-1 incl. fire hydrant 0 LS $ $ 34 1 Detail RW05-1 incl. water test pit 0 LS $ $ 35 2 Detail RW LS $ $ 36 2 Detail RW08-1 incl. fire hydrant 1 LS $ $ 37 2 Detail RW LS $ $ 38 3 Detail RW LS $ $ 39 3 Detail RW12-2 incl. fire hydrant 0 LS $ $ 40 3 Detail RW LS $ $ 41 3 Detail RW13-2 incl. fire hydrant 0 LS $ $ 42 3 Detail RW14-1 incl. fire hydrant 0 LS $ $ 43 3 Detail RW LS $ $ 44 3 Detail RW LS $ $ 45 3 Detail RW15-2 incl. fire hydrant 0 LS $ $ 46 3 Detail RW LS $ $ 47 3 Detail RW LS $ $ 48 3 Detail RW16-3 incl. fire hydrant 0 LS $ $ 49 3 Detail RW LS $ $ 50 3 Detail RW LS $ $ 51 3 Detail RW LS $ $ 52 3 Meter Reconnect - Note 1 0 EA $ $ 53 3 Meter Reconnect - Note 2 0 EA $ $ 54 3 Meter Reconnect - Note 3 0 EA $ $ 55 3 Meter Reconnect - Note 4 0 EA $ $ 56 1 Backes - meter pit, setter, ring/lid, and service line 0 LS $ $ 57 3 Lane - connect to existing 1" CTS 2' downstream of existing meter 0 LS $ $ 58 3 Lage - extend existing service line to new 8" main 0 LS $ $ 59 3 Voss - extend existing service line to new 8" main 0 LS $ $ 60 3 Fidler - install entire new service line and connect to new 8" main 0 LS $ $ 61 3 PWSD No. 4 - install new 1" service line; use 4" existing pipe as casing; reconnect to meter 0 LS $ $ 62 3 F&L Properties - reconnect existing 2" meter using existing service line 0 LS $ $ Total Alternate Bid 3 = $ B - 9

22 ITEM APPLICABLE PART(S) DESCRIPTION Alternate Bid 4 Part 3 Only ESTIMATED QUANTITY UNIT UNIT PRICE EXTENSION 1 3 Mobilization / demobilization 1 LS $ $ 2 3 Erosion control 1 LS $ $ 3 3 Traffic control 1 LS $ $ 4 3 Abandonments and removals 1 LS $ $ 5 3 Locate / pothole / probe existing water lines and storm drains 1 LS $ $ 6 3 Repair / replace existing utilities and improvements 1 LS $ $ 7 3 Clean-up and restoration 1 LS $ $ 8 3 6" PR200 PVC water line 30 LF $ $ 9 3 8" PR200 PVC water line 6,190 LF $ $ " gate valve 0 EA $ $ " bends, all angles 15 EA $ $ " solid sleeve 0 EA $ $ " bends, all angles 1 EA $ $ " x 1" saddle and corp 1 EA $ $ 15 3 Flush / pig / pressure test / disinfect / dechlorinate / bac-t test 1 LS $ $ Bode Ferry creek crossing " DR11 PC200 DIPS HDPE bore 0 LF $ $ Union Pacific Railroad Crossing " steel casing dry bore and 8" DR11 PC200 DIPS HDPE carrier pipe 0 LF $ $ " DR11 PC200 DIPS HDPE open cut outside of casing limits 0 LF $ $ State Route J crossing " steel casing bore and 8" PR200 RJ PVC carrier pipe 0 LF $ $ " PR200 RJ PVC open cut outside of casing limits 0 LF $ $ State Route M crossing at Sunrise " steel casing bore and 6" PR200 RJ PVC carrier pipe 40 LF $ $ " PR200 RJ PVC open cut outside of casing limits 50 LF $ $ State Route M crossing at bank " steel casing bore and 8" PR200 RJ PVC carrier pipe 70 LF $ $ " PR200 RJ PVC open cut outside of casing limits 30 LF $ $ Sebo Lane crossing " SDR 35 PVC casing open cut and 8" PR200 RJ PVC carrier pipe 40 LF $ $ " PR200 RJ PVC open cut outside of casing limits 40 LF $ $ 27 3 Stegeman concrete drive bore - 8" PR200 PVC 20 LF $ $ 28 3 Forck yard bore - 8" PR200 RJ PVC 30 LF $ $ B - 10

23 No More Victims Road PRV Removal, complete 0 LS $ $ State Route J PRV Removal, complete 0 LS $ $ Osage City PRV station, complete 0 LS $ $ 32 1 Detail RW03-1 incl. post hydrant 0 LS $ $ 33 1 Detail RW04-1 incl. fire hydrant 0 LS $ $ 34 1 Detail RW05-1 incl. water test pit 0 LS $ $ 35 2 Detail RW LS $ $ 36 2 Detail RW08-1 incl. fire hydrant 0 LS $ $ 37 2 Detail RW LS $ $ 38 3 Detail RW LS $ $ 39 3 Detail RW12-2 incl. fire hydrant 1 LS $ $ 40 3 Detail RW LS $ $ 41 3 Detail RW13-2 incl. fire hydrant 1 LS $ $ 42 3 Detail RW14-1 incl. fire hydrant 1 LS $ $ 43 3 Detail RW LS $ $ 44 3 Detail RW LS $ $ 45 3 Detail RW15-2 incl. fire hydrant 1 LS $ $ 46 3 Detail RW LS $ $ 47 3 Detail RW LS $ $ 48 3 Detail RW16-3 incl. fire hydrant 1 LS $ $ 49 3 Detail RW LS $ $ 50 3 Detail RW LS $ $ 51 3 Detail RW LS $ $ 52 3 Meter Reconnect - Note 1 6 EA $ $ 53 3 Meter Reconnect - Note 2 16 EA $ $ 54 3 Meter Reconnect - Note 3 2 EA $ $ 55 3 Meter Reconnect - Note 4 1 EA $ $ 56 1 Backes - meter pit, setter, ring/lid, and service line 0 LS $ $ 57 3 Lane - connect to existing 1" CTS 2' downstream of existing meter 1 LS $ $ 58 3 Lage - extend existing service line to new 8" main 1 LS $ $ 59 3 Voss - extend existing service line to new 8" main 1 LS $ $ 60 3 Fidler - install entire new service line and connect to new 8" main 1 LS $ $ 61 3 PWSD No. 4 - install new 1" service line; use 4" existing pipe as casing; reconnect to meter 1 LS $ $ 62 3 F&L Properties - reconnect existing 2" meter using existing service line 1 LS $ $ Total Alternate Bid 4 = $ B - 11

24 There are five (5) bid forms in all: 1. Base Bid: Part 1 + Part 2 + Part 3 2. Alternate Bid 1: Part 1 + Part 2 3. Alternate Bid 2: Part 1 Only 4. Alternate Bid 3: Part 2 Only 5. Alternate Bid 4: Part 3 Only All five (5) bid forms are mutually exclusive. If the Owner awards the Contract, only ONE of the five (5) bid forms will be awarded and the remaining four (4) will not be awarded. Items in gray text on the bid forms indicate that the item in gray is not relevant for that Alternate and has a zero in the quantity column. NOTE: BIDS shall include sales tax and all other applicable taxes and fees. State of MO. provides sales tax exemption Respectfully submitted: Signature Title License no. (if applicable) Address Date SEAL - (if BID is by a corporation) The Owner reserves the right to reject any and all bids. B - 12

25 BID BOND KNOW ALL PERSONS BY THESE PRESENTS, that we, the undersigned, as Principal, and as Surety, are hereby held and firmly bound unto P.W.S.D. No. 4 of Cole County, MO. as OWNER in the penal sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this day of, 20. The Condition of the above obligation is such that whereas the Principal has submitted to a certain BID, attached hereto and hereby made a part hereof to enter into a contract in writing, for the NOW, THEREFORE, (a) If said BID shall be rejected, or (b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attachment hereto (properly completed in accordance with said BID) and shall furnish a BOND for faithful performance of said contract, and for the payment of all persons performing labor furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood BB - 1

26 and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. (L.S.) Principal Surety By: IMPORTANT - Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. BB - 2

27 CERTIFICATE OF OWNER'S ATTORNEY I, the undersigned, Rudolph L. Veit the duly (Print) authorized and acting legal representative of P.W.S.D. No. 4 of Cole County, MO. do hereby certify as follows: I have examined the foregoing contract(s) of and surety bonds and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements have been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof. In addition, I have examined the Certificate of Insurance for amounts and coverages per the requirements of the General Conditions/Supplemental General Conditions of the contract documents and find that adequate insurance is in full force and effect. Project Attorney Date Address: Carson & Coil, P.C. 515 E. High Street Jefferson City, MO C - 1

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29 AGREEMENT THIS AGREEMENT, made this, by and between P.W.S.D. No. 4 of Cole County, MO. hereinafter called "OWNER" and doing business as (an individual,) or (a partnership,) or (a corporation) hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payments and agreements herein after mentioned: 1. The CONTRACTOR will commence and complete the construction of 2018 WATER DISTRIBUTION SYSTEM IMPROVEMENTS: PARTS 1, 2, & 3 2. The CONTRACTOR will furnish all of the materials, supplies, tools, equipment, labor, and other services necessary for the construction and completion of the PROJECT described herein. 3. The CONTRACTOR will commence the work required by the CONTRACT DOCUMENTS within 10 calendar days after the date of the NOTICE TO PROCEED and will complete the same PROJECT within 303 consecutive calendar days thereafter, unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. 4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein for the sum of Dollars $. 5. The term "CONTRACT DOCUMENTS" MEANS and includes the following: (A) Advertisement For BIDS (B) Information For BIDDERS (C) BID (D) BID BOND (E) Agreement A - 1

30 (F) General Conditions (G) SUPPLEMENTAL GENERAL CONDITIONS (H) Payment BOND (I) Performance BOND (J) NOTICE OF AWARD (K) NOTICE TO PROCEED (L) CHANGE ORDER (M) Drawings prepared by Bartlett & West, Inc. numbered 1 through 22 and dated October, (N) SPECIFICATIONS prepared or issued by Bartlett & West, Inc., dated October, (O) ADDENDA: No., dated, 20 No., dated, 20 No., dated, 20 No., dated, 20 No., dated, 20 No., dated, The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement in ( 5 ) copies each of which shall (Number of Copies) A - 2

31 be deemed an original on the date first above written. OWNER (SEAL) ATTEST: Name Will Humphrey Title Board Clerk (SEAL) ATTEST: Name (Please Type) P.W.S.D. No. 4 of Cole County, MO. By Name Gary VanDeVelde Title Board President CONTRACTOR By Name (Please Type) Address Employer Identification Number A - 3

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33 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that (Name of Contractor) (Address of Contractor) a, hereinafter called Principal, and (Corporation, Partnership, or Individual) (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto P.W.S.D. No. 4 of Cole County, MO. (Name of Owner) 7712 Route M, Jefferson City, MO (Address of Owner) hereinafter called OWNER, in the total aggregate penal sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of 20, a copy of which is hereto attached and made a part hereof for the construction of: 2018 WATER DISTRIBUTION SYSTEM IMPROVEMENTS NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the SURETY and during the one year guaranty period and if the PRINCIPAL shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said SURETY, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying same PFB - 1

34 shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that it is expressly agreed that the BOND shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing the contract price more than 20 percent, so as to bind the PRINCIPAL and the SURETY to the full and faithful performance of the CONTRACT as so amended. The term "Amendment", wherever used in this BOND, and whether referring to this BOND, the Contract or the Loan Documents shall include any alteration, addition, extension, or modification of any character whatsoever. IN WITNESS WHEREOF, this instrument is executed in 5 counterparts, each one (Number) of which shall be deemed an original, this the day of. ATTEST: (Principal) Secretary (SEAL) (Witness as to Principal) (Address) Principal By (Address) Surety ATTEST: Witness to Surety (Address) By Attorney-in-Fact (Address) PFB - 2

35 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the Project is located. PFB - 3

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37 PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS: that (Name of Contractor) (Address of Contractor) a hereinafter called PRINCIPAL and (Corporation, Partnership or Individual) (Name of Surety) (Address of Surety) hereinafter called SURETY, are held and firmly bound unto P.W.S.D. No. 4 of Cole County, MO. (Name of Owner) 7712 Route M, Jefferson City, MO (Address of Owner) hereinafter called OWNER and unto all persons, firms, and corporations who or which may furnish labor, or who furnish materials to perform as described under the contract and to their successors and assigns in the total aggregate penal sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the PRINCIPAL entered into a certain contract with the OWNER, dated the day of 20, a copy of which is hereto attached and made a part hereof for the construction of: 2018 WATER DISTRIBUTION SYSTEM IMPROVEMENTS NOW, THEREFORE, if the PRINCIPAL shall promptly make payment to all persons, firms, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extensions or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and for all labor cost incurred in such WORK including that by a SUBCONTRACTOR, and to any mechanic or materialman lienholder whether it acquires its lien by operation of State or Federal law; then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, that beneficiaries or claimants hereunder shall be limited to the SUBCONTRACTORS, and persons, firms, and corporations having a direct contract with the PRINCIPAL or its SUBCONTRACTORS. PYB - 1

38 PROVIDED, FURTHER, that the said SURETY for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of this contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no suit or action shall be commenced hereunder by any claimant: (a) Unless claimant, other than one having a direct contract with the PRINCIPAL shall have given written notice to any two of the following: The PRINCIPAL, the OWNER, or the SURETY above named within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the PRINCIPAL, OWNER, or SURETY, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date of which PRINCIPAL ceased work on said CONTRACT, is being understood, however, that if any limitation embodied in the BOND is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. PROVIDED, FURTHER, that it is expressly agreed that this BOND shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing the contract price more than 20 percent, so as to bind the PRINCIPAL and the SURETY to the full and faithful performance of the Contract as so amended. The term "Amendment", wherever used in this BOND and whether referring to this BOND, the contract or the loan Documents shall include any alteration, addition, extension or modification of any character whatsoever. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. WITNESS WHEREOF, this instrument is executed in 5 counterparts, each of (Number) which shall be deemed an original, this the day of. PYB - 2

39 ATTEST: (Principal) Secretary (SEAL) Witness as to Principal (Address) ATTEST: Witness as to Surety (Address) Principal By (s) (Address) Surety By Attorney-in-Fact (Address) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR Is partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. PYB - 3

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41 TABLE OF CONTENTS GENERAL CONDITIONS Page No. GC-1. DEFINITIONS GC Addenda GC Architect &/or Engineer GC Bid GC Bidder GC Bonds GC Change Order GC Contract Documents GC Contract Price GC Contract Time GC Contractor GC Drawings GC Field Order GC Notice of Award GC Notice to Proceed GC Owner GC Project GC Resident Project Representative GC Shop Drawings GC Specifications GC Subcontractor GC Supplemental General Conditions GC Supplier GC Work GC Written Notice GC-2 GC-2. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS GC-3. SCHEDULES, REPORTS AND RECORDS GC-4. DRAWINGS AND SPECIFICATIONS GC-5. SHOP DRAWINGS GC-6. MATERIALS, SERVICES AND FACILITIES GC-7. INSPECTION AND TESTING GC-8. SUBSTITUTIONS GC-9. PATENTS GC-10. SURVEYS, PERMITS, REGULATIONS GC-11. PROTECTION OF WORK, PROPERTY, AND PERSONS GC-12. SUPERVISION BY CONTRACTOR GC-13. CHANGES IN THE WORK GC-14. CHANGES IN CONTRACT PRICE GC-15. TIME FOR COMPLETION AND LIQUIDATED DAMAGES GC-16. CORRECTION OF WORK GC-17. SUBSURFACE CONDITIONS GC-18. SUSPENSION OF WORK, TERMINATION AND DELAY GC-19. PAYMENT TO CONTRACTOR GC-20. ACCEPTANCE OF FINAL PAYMENT AS RELEASE GC-21. INSURANCE GC-22. CONTRACT SECURITY GC-23. ASSIGNMENTS GC-24. INDEMNIFICATION GC-25. SEPARATE CONTRACTS GC-2 GC-3 GC-3 GC-3 GC-4 GC-4 GC-5 GC-5 GC-5 GC-5 GC-6 GC-6 GC-6 GC-7 GC-7 GC-7 GC-8 GC-9 GC-10 GC-10 GC-12 GC-12 GC-12 GC-13

42 TABLE OF CONTENTS GENERAL CONDITIONS (CONT.) GC-26. SUBCONTRACTING GC-27. A/E'S AUTHORITY GC-28. LAND AND RIGHT-OF-WAY GC-29. GUARANTEE GC-30. REMEDIES GC-31. TAXES GC-32. AMERICAN PROVISION GC-33. PRIVITY OF CONTRACT GC-34. SMALL BUSINESS ACT GC-35. MISSOURI PRODUCTS GC-36. MISSOURI FIRMS GC-37. STORM WATER DISCHARGE PERMIT Page No. GC-13 GC-13 GC-14 GC-14 GC-14 GC-14 GC-15 GC-15 GC-15 GC-15 GC-15 GC-15

43 GENERAL CONDITIONS 1. Definitions 19. Payments to Contractor 2. Additional Instructions and Detail Drawings 20. Acceptance of Final Payment as Release 3. Schedules, Reports, and Records 21. Insurance 4. Drawings and Specifications 22. Contract Security 5. Shop Drawings 23. Assignments 6. Materials, Services, and Facilities 24. Indemnification 7. Inspection and Testing 25. Separate Contracts 8. Substitutions 26. Subcontracting 9. Patents 27. A/E's Authority 10. Surveys, Permits, Regulations 28. Land and Rights-of-Way 11. Protection of Work, Property, Persons 29. Guarantee 12. Supervision by Contractor 30. Remedies 13. Changes in the Work 31. Taxes 14. Changes in Contract Price 32. American Provision 15. Time of Completion and Liquidated 33. Privity of Contract Damages 34. Small Business Act 16. Correction of Work 35. Missouri Products 17. Subsurface Conditions 36. Missouri Firms 18. Suspension of Work, Termination, and Delay 1. DEFINITIONS 1.1 Wherever used in the CONTRACT DOCUMENTS, the following terms shall have the meanings indicated and shall be applicable to both the singular and plural thereof: 1.2 ADDENDA - Written or graphic instruments issued prior to the execution of the Agreement, which modify or interpret the CONTRACT DOCUMENTS, DRAWINGS and SPECIFICATIONS, by additions, deletions, clarifications, or corrections. 1.3 ARCHITECT &/or ENGINEER (A/E) - The person, firm, or corporation named as such in the CONTRACT DOCUMENTS. 1.4 BID - The offer or proposal of the BIDDER submitted on the prescribed form setting forth the prices for the WORK to be performed. 1.5 BIDDER - Any person, firm, or corporation submitting a BID for the WORK. 1.6 BONDS - Bid, Performance, and Payment Bonds and other instruments of surety, furnished by the CONTRACTOR and the CONTRACTOR'S surety in accordance with the CONTRACT DOCUMENTS. 1.7 CHANGE ORDER - A written order to the CONTRACTOR authorizing an addition, deletion, or revision in the WORK within the general scope of the CONTRACT DOCUMENTS, or authorizing an adjustment in the CONTRACT PRICE or CONTRACT TIME. 1.8 CONTRACT DOCUMENTS - The contract, including Advertisement for BIDS, Information For BIDDERS, BID, BID BOND, Agreement, General Conditions, SUPPLEMENTAL GENERAL CONDITIONS, Payment BOND, Performance BOND, NOTICE OF AWARD, NOTICE TO PROCEED, CHANGE ORDER, DRAWINGS, SPECIFICATIONS, and ADDENDA. 1.9 CONTRACT PRICE - The total monies payable to the CONTRACTOR under the terms and conditions of the CONTRACT DOCUMENTS CONTRACT TIME - The number of calendar days stated in the CONTRACT DOCUMENTS for the completion of the WORK. GC - 1

44 1.11 CONTRACTOR - The person, firm or corporation with whom the OWNER has executed the Agreement DRAWINGS - The parts of the CONTRACT DOCUMENTS, which show the characteristics, and scope of the WORK to be performed and which have been prepared or approved by the A/E FIELD ORDER - A written order effecting a change in the WORK not involving an adjustment in the CONTRACT PRICE or an extension of the CONTRACT TIME, issued by the A/E to the CONTRACTOR during construction NOTICE OF AWARD - The written notice of the acceptance of the BID from the OWNER to the successful BIDDER NOTICE TO PROCEED - Written communication issued by the OWNER to the CONTRACTOR authorizing him/her to proceed with the WORK and establishing the date for commencement of the WORK OWNER - A public or quasi-public body or authority, corporation, association, partnership, or an individual for whom the WORK is to be performed PROJECT - The undertaking to be performed as provided in the CONTRACT DOCUMENTS RESIDENT PROJECT REPRESENTATIVE - The authorized representative of the OWNER who is assigned to the PROJECT site or any part thereof SHOP DRAWINGS - All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the CONTRACTOR, a SUBCONTRACTOR, manufacturer, SUPPLIER or distributor, which illustrate how specific portions of the WORK shall be fabricated or installed SPECIFICATIONS - A part of the CONTRACT DOCUMENTS consisting of written descriptions of a technical nature of materials, equipment, construction systems, standards and workmanship SUBCONTRACTOR - An individual, firm or corporation having a direct contract with CONTRACTOR or with any other SUBCONTRACTOR for the performance of a part of the WORK at the site SUPPLEMENTAL GENERAL CONDITIONS - Modifications to General Conditions required by a Federal agency for participation in the PROJECT and approved by the agency in writing prior to inclusion in the CONTRACT DOCUMENTS, or such requirements that may be imposed by applicable state laws, or special requirements for this PROJECT SUPPLIER - Any person or organization who supplies materials or equipment for the WORK, including that fabricated to a special design, but who does not perform labor at the site WORK - All labor necessary to produce the construction required by the CONTRACT DOCUMENTS, and all materials and equipment incorporated or to be incorporated in the PROJECT WRITTEN NOTICE - Any notice to any party of the Agreement relative to any part of this Agreement in writing and considered delivered and the service thereof completed, when posted by certified or registered mail to the said party at their last given address, or delivered in person to said party or their authorized representative on the WORK. 2. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS 2.1 The CONTRACTOR may be furnished additional instructions and detail drawings, by the A/E, as necessary to carry out the WORK required by the CONTRACT DOCUMENTS. GC - 2

45 2.2 The additional drawings and instructions thus supplied will become a part of the CONTRACT DRAWINGS. The CONTRACTOR shall carry out the WORK in accordance with the additional detail drawings and instructions. 3. SCHEDULES, REPORTS AND RECORDS 3.1 The CONTRACTOR shall submit to the OWNER such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data where applicable as are required by the CONTRACT DOCUMENTS for the WORK to be performed. 3.2 Prior to the first partial payment estimate the CONTRACTOR shall submit construction progress schedules showing the order in which the CONTRACTOR proposes to carry on the WORK, including dates at which the various parts of the WORK will be started, estimated date of completion of each part and, as applicable: The dates at which special detail drawings will be required; and Respective dates for submission of SHOP DRAWINGS, the beginning of manufacture, the testing and the installation of materials, supplies and equipment. 3.3 The CONTRACTOR shall also submit a schedule of payments that the CONTRACTOR anticipates will be earned during the course of the WORK. 4. DRAWINGS AND SPECIFICATIONS 4.1 The intent of the DRAWINGS and SPECIFICATIONS is that the CONTRACTOR shall furnish all labor, materials, tools, equipment, and transportation necessary for the proper execution of the WORK in accordance with the CONTRACT DOCUMENTS and all incidental work necessary to complete the PROJECT in an acceptable manner, ready for use, occupancy or operation by the OWNER. 4.2 In case of conflict between the DRAWINGS and SPECIFICATIONS, the SPECIFICATIONS shall govern. Figure dimensions on DRAWINGS shall govern over general DRAWINGS. 4.3 Any discrepancies found between the DRAWINGS and SPECIFICATIONS and site conditions or any inconsistencies or ambiguities in the DRAWINGS or SPECIFICATIONS shall be immediately reported to the A/E in writing, who shall promptly correct such inconsistencies or ambiguities in writing. WORK done by the CONTRACTOR after discovery of such discrepancies, inconsistencies or ambiguities shall be done at the CONTRACTOR'S risk. 5. SHOP DRAWINGS 5.1 The CONTRACTOR shall provide SHOP DRAWINGS as may be necessary for the prosecution of the WORK as required by the CONTRACT DOCUMENTS. The A/E shall promptly review all SHOP DRAWINGS. The A/E's approval of any SHOP DRAWING shall not release the CONTRACTOR from responsibility for deviations from the CONTRACT DOCUMENTS. The approval of any SHOP DRAWING which substantially deviates from the requirement of the CONTRACT DOCUMENTS shall be evidenced by a CHANGE ORDER. 5.2 When submitted for the A/E's review, SHOP DRAWINGS shall bear the CONTRACTOR'S certification that he has reviewed, checked and approved the SHOP DRAWINGS and that they are in conformance with the requirements of the CONTRACT DOCUMENTS. 5.3 Portions of the WORK requiring a SHOP DRAWING or sample submission shall not begin until the SHOP DRAWING or submission has been approved by the A/E. A copy of each approved SHOP DRAWING and each approved sample shall be kept in good order by the CONTRACTOR at the site and shall be available to the A/E. GC - 3

46 6. MATERIALS, SERVICES AND FACILITIES 6.1 It is understood that, except as otherwise specifically stated in the CONTRACT DOCUMENTS, the CONTRACTOR shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature, and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the WORK within the specified time. 6.2 Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the WORK. Stored materials and equipment to be incorporated in the WORK shall be located so as to facilitate prompt inspection. 6.3 Manufactured articles, materials, and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer. 6.4 Materials, supplies and equipment shall be in accordance with samples submitted by the CONTRACTOR and approved by the A/E. 6.5 Materials, supplies, or equipment to be incorporated into the WORK shall not be purchased by the CONTRACTOR or the SUBCONTRACTOR subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller when a Payment Bond is not required by the CONTRACT DOCUMENTS. 7. INSPECTION AND TESTING 7.1 All materials and equipment used in the construction of the PROJECT shall be subject to adequate inspection and testing in accordance with generally accepted standards, as required and defined in the CONTRACT DOCUMENTS. 7.2 The OWNER shall provide all inspection and testing services not required by the CONTRACT DOCUMENTS. 7.3 The CONTRACTOR shall provide at the CONTRACTOR'S expense the testing and inspection services required by the CONTRACT DOCUMENTS. 7.4 If the CONTRACT DOCUMENTS, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any WORK to specifically be inspected, tested, or approved by someone other than the CONTRACTOR, the CONTRACTOR will give the A/E timely notice of readiness. The CONTRACTOR will then furnish the A/E the required certificates of inspection, testing or approval. 7.5 Inspections, tests, or approvals by the engineer or others shall not relieve the CONTRACTOR from the obligations to perform the WORK in accordance with the requirements of the CONTRACT DOCUMENTS. 7.6 The A/E and the A/E's representatives will at all times have access to the WORK. In addition, authorized representatives and agents of any participating Federal or State agency shall be permitted to inspect all work, materials, payrolls, records or personnel, invoices of materials, and other relevant data and records. The CONTRACTOR will provide proper facilities for such access and observation of the WORK and also for any inspection or testing thereof. 7.7 If any WORK is covered contrary to the written instructions of the A/E it must, if requested by the A/E, be uncovered for the A/E's observation and replaced at the CONTRACTOR'S expense. 7.8 If the A/E considers it necessary or advisable that covered WORK be inspected or tested by others, the CONTRACTOR, at the A/E's request, will uncover, expose or otherwise make available for observation, inspection or testing as the A/E may require, that portion of the WORK in question, furnishing all necessary labor, materials, tools, and equipment. If it is found that such WORK is defective, the CONTRACTOR will bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, if, however, such WORK is not found to be defective, the CONTRACTOR will be allowed an increase in the CONTRACT PRICE or GC - 4

47 an extension of the CONTRACT TIME, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction and an appropriate CHANGE ORDER shall be issued. 8. SUBSTITUTIONS 8.1 Whenever a material, article, or piece of equipment is identified on the DRAWINGS or SPECIFICATIONS by reference to brand name or catalogue numbers, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacities, quality and function shall be considered. The CONTRACTOR may recommend the substitution of a material, article, or piece of equipment of equal substance and function for those referred to in the CONTRACT DOCUMENTS by reference to brand name or catalogue number, and if, in the opinion of the A/E, such material, article, or piece of equipment is of equal substance and function to that specified, the A/E may approve its substitution and use by the CONTRACTOR. Any cost differential shall be deductible from the CONTRACT PRICE and the CONTRACT DOCUMENTS shall be appropriately modified by CHANGE ORDER. The CONTRACTOR warrants that if substitutes are approved, no major changes in the function or general design of the PROJECT will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the CONTRACTOR without a change in the CONTRACT PRICE or CONTRACT TIME. 9. PATENTS 9.1 The CONTRACTOR shall pay all applicable royalties and license fees, and shall defend all suits or claims for infringement of any patent rights and save the OWNER harmless from loss on account thereof, except that the OWNER shall be responsible for any such loss when a particular process, design, or product of a particular manufacturer or manufacturers is specified, however, if the CONTRACTOR has reason to believe that the design, process or product specified is an infringement of a patent, the CONTRACTOR shall be responsible for such loss unless the CONTRACTOR promptly gives such information to the A/E. 10. SURVEYS, PERMITS, REGULATIONS 10.1 The OWNER shall furnish all boundary surveys and establish all base lines for locating the principal component parts of the WORK together with a suitable number of benchmarks adjacent to the WORK as shown in the CONTRACT DOCUMENTS. From the information provided by the OWNER, unless otherwise specified in the CONTRACT DOCUMENTS, the CONTRACTOR shall develop and make all detail surveys needed for construction such as slope stakes, batter boards, stakes for pipe locations and other working points, lines, elevations and cut sheets The CONTRACTOR shall carefully preserve bench marks, reference points and stakes and, in case of willful or careless destruction, shall be charged with the resulting expense and shall be responsible for any mistake that may be caused by their unnecessary loss or disturbance Permits and licenses of a temporary nature necessary for the prosecution of the WORK shall be secured and paid for by the CONTRACTOR unless otherwise stated in the SUPPLEMENTAL GENERAL CONDITIONS. Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the OWNER, unless otherwise specified. The CONTRACTOR shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the WORK as drawn and specified. If the CONTRACTOR observes that the CONTRACT DOCUMENTS are at variance therewith, the CONTRACTOR shall promptly notify the A/E in writing, and any necessary changes shall be adjusted as provided in Section 13, CHANGES IN THE WORK. 11. PROTECTION OF WORK, PROPERTY, AND PERSONS 11.1 The CONTRACTOR will be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the WORK. The CONTRACTOR will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury or loss to all employees on the WORK and other persons who may be affected thereby, all the WORK and all materials or equipment to be incorporated therein, whether in storage on or off the site, and other property at the site or adjacent thereto, including trees, shrubs, lawns, GC - 5

48 walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The CONTRACTOR shall comply with all pertinent provisions of the Occupational Safety and Health Administration (OSHA) and any State Safety and Health agency requirements The CONTRACTOR will comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction. The CONTRACTOR will erect and maintain, as required by the conditions and progress of the WORK, all necessary safeguards for safety and protection. The CONTRACTOR will notify owners of adjacent utilities when prosecution of the WORK may affect them. The CONTRACTOR will remedy all damage, injury or loss to any property caused, directly or indirectly, in whole or part, by the CONTRACTOR, any SUBCONTRACTOR or anyone directly or indirectly employed by any of them or anyone of whose acts any of them be liable, except damage or loss attributable to the fault of the CONTRACT DOCUMENTS or to the acts or omissions of the OWNER, of the A/E or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of the CONTRACTOR In emergencies affecting the safety of persons or the WORK or property at the site or adjacent thereto, the CONTRACTOR, without special instructions or authorization from the A/E or OWNER, shall act to prevent threatened damage, injury or loss. The CONTRACTOR will give the A/E prompt WRITTEN NOTICE of any significant changes in the WORK or deviations from the CONTRACT DOCUMENTS caused thereby, and a CHANGE ORDER shall thereupon be issued covering the changes and deviations involved. 12. SUPERVISION BY CONTRACTOR 12.1 The CONTRACTOR will supervise and direct the WORK. He will be solely responsible for the means, methods, techniques, sequences and procedures of construction. The CONTRACTOR will employ and maintain on the WORK a qualified supervisor or superintendent who shall have been designated in writing by the CONTRACTOR as the CONTRACTOR'S representative at the site. The supervisor shall have full authority to act on behalf of the CONTRACTOR and all communications given to the supervisor shall be as binding as if given to the CONTRACTOR. The supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the WORK. 13. CHANGES IN THE WORK 13.1 The OWNER may at any time, as the need arises, order changes within the scope of the WORK without invalidating the Agreement. If such changes increase or decrease the amount due under the CONTRACT DOCUMENTS, or in the time required for performance of the WORK, an equitable adjustment shall be authorized by CHANGE ORDER. CHANGE ORDER shall be used to adjust quantities of installed units which are different than those shown in the BID SCHEDULE because of final measurements. Final measurements shall not be considered changes in the WORK. Final measurements will determine compensation to the CONTRACTOR based on unit price shown in BID SCHEDULE The A/E, also, may at any time, by issuing a FIELD ORDER, make changes in the details of the WORK. The CONTRACTOR shall proceed with the performance of any changes in the WORK so ordered by the A/E unless the CONTRACTOR believes that such FIELD ORDER entitles the CONTRACTOR to a change in CONTRACT PRICE or TIME, or both, in which event the CONTRACTOR shall give the A/E WRITTEN NOTICE thereof within seven (7) days after the receipt of the ordered change. Thereafter the CONTRACTOR shall document the basis for the change in CONTRACT PRICE or TIME within thirty (30) days. The CONTRACTOR shall not execute such changes pending the receipt of an executed CHANGE ORDER or further instruction from the OWNER. 14. CHANGES IN CONTRACT PRICE 14.1 The CONTRACT PRICE may be changed only by a CHANGE ORDER. The value of any WORK covered by a CHANGE ORDER or of any claim for increase or decrease in the CONTRACT PRICE shall be determined by one or more of the following methods in the order of precedence listed below: GC - 6

49 a. Unit prices previously approved. b. An agreed lump sum. 15. TIME FOR COMPLETION AND LIQUIDATED DAMAGES 15.1 The date of beginning and the time for completion of the WORK are essential conditions of the CONTRACT DOCUMENTS and the WORK embraced shall be commenced on a date specified in the NOTICE TO PROCEED The CONTRACTOR will proceed with the WORK at such rate of progress to insure full completion within the CONTRACT TIME. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the CONTRACT TIME for the completion of the WORK described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the WORK If the CONTRACTOR shall fail to complete the WORK within the CONTRACT TIME, or extension of time granted by the OWNER, then the CONTRACTOR will pay to the OWNER the amount for liquidated damages as specified in the BID for each calendar day that the CONTRACTOR shall be in default after the time stipulated in the CONTRACT DOCUMENTS The CONTRACTOR shall not be charged with liquidated damages or any excess cost when the delay in completion of the WORK is due to the following and the CONTRACTOR has promptly given WRITTEN NOTICE of such delay to the OWNER or A/E To any preference, priority or allocation order duly issued by the OWNER To unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including but not restricted to, acts of God, or of the public enemy, acts of the OWNER, acts of another CONTRACTOR in the performance of a contract with the OWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather; and To any delays of SUBCONTRACTORS occasioned by any of the causes specified in paragraphs and of this article. 16. CORRECTION OF WORK 16.1 The CONTRACTOR shall promptly remove from the premises all WORK rejected by the A/E for failure to comply with the CONTRACT DOCUMENTS, whether incorporated in the construction or not, and the CONTRACTOR shall promptly replace and reexecute the WORK in accordance with CONTRACT DOCUMENTS and without expense to the OWNER and shall bear the expense of making good all WORK of other CONTRACTORS destroyed or damaged by such removal or replacement All removal and replacement WORK shall be done at the CONTRACTOR'S expense. If the CONTRACTOR does not take action to remove such rejected WORK within ten (10) days after receipt of WRITTEN NOTICE, the OWNER may remove such WORK and store the materials at the expense of the CONTRACTOR. 17. SUBSURFACE CONDITIONS 17.1 The CONTRACTOR, before bidding the PROJECT, has the responsibility to become familiar with the site of the PROJECT and the conditions under which WORK will have to be performed during the construction period Excavating for foundations of surface structure: buildings, bridges, tanks, towers, retaining walls and other types of surface structures The CONTRACTOR, shall promptly, and before such conditions are disturbed, except in the event of an emergency, notify the OWNER by WRITTEN NOTICE OF: GC - 7

50 Subsurface or latent physical conditions at the site differing materially from those indicated in the CONTRACT DOCUMENTS; or Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in WORK of the character provided for in the CONTRACT DOCUMENTS The OWNER shall promptly investigate the conditions, and if it is found that such conditions do so materially differ and cause an increase or decrease in the cost of, or in the time required for, performance of the WORK, an equitable adjustment shall be made and the CONTRACT DOCUMENTS shall be modified by a CHANGE ORDER. Any claim of the CONTRACTOR for adjustment hereinafter shall not be allowed unless the required WRITTEN NOTICE has been given; provided that the OWNER may, if the OWNER determines the facts so justify, consider and adjust any such claims asserted before the date of the final payment Excavating for below-surface structures: water mains, sewers, power and telephone cables and other types of below surface structures No extra compensation will be paid for rock excavation or varying geologic features encountered on the PROJECT, unless so shown as a bid item in the Bid Schedule of the Bid If man-made hazards are encountered by the CONTRACTOR, excluding utilities, which are not visible from the surface, such as buried concrete foundations, buried garbage dumps, that cannot be by-passed and requires additional work then the procedure set forth in will be followed. 18. SUSPENSION OF WORK, TERMINATION, AND DELAY 18.1 The OWNER may suspend the WORK or any portion thereof for a period of not more than ninety days or such further time as agreed upon by the CONTRACTOR, by WRITTEN NOTICE to the CONTRACTOR and the A/E which notice shall fix the date on which WORK shall be resumed. The CONTRACTOR will resume that WORK on the date so fixed. The CONTRACTOR will be allowed an increase in the CONTRACT PRICE or an extension of the CONTRACT TIME, or both, directly attributable to any suspension If the CONTRACTOR is adjudged a bankrupt or insolvent, or makes a general assignment for the benefit of its creditors, or if a trustee or receiver is appointed for the CONTRACTOR or for any of its property, or if CONTRACTOR files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or applicable laws, or repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or repeatedly fails to make prompt payments to SUBCONTRACTORS or for labor, materials or equipment or disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction of the WORK or disregards the authority of the A/E, or otherwise violates any provision of the CONTRACT DOCUMENTS, then the OWNER may, without prejudice to any other right or remedy and after giving the CONTRACTOR and its surety a minimum of ten (10) days from delivery of a WRITTEN NOTICE, terminate the services of the CONTRACTOR and take possession of the PROJECT and of all materials, equipment, tools, construction equipment and machinery thereon owned by the CONTRACTOR, and finish the WORK by whatever method the OWNER may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the WORK is finished. If the unpaid balance of the CONTRACT PRICE exceeds the direct and indirect costs of completing the PROJECT, including compensation for additional professional services, such excess SHALL BE PAID TO THE CONTRACTOR. If such costs exceed such unpaid balance, the CONTRACTOR will pay the difference to the OWNER. Such costs incurred by the OWNER will be determined by the A/E and incorporated in a CHANGE ORDER Where the CONTRACTOR'S services have been so terminated by the OWNER, said termination shall not affect any right of the OWNER against the CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of monies by the OWNER due the CONTRACTOR will not release the CONTRACTOR from compliance with the CONTRACT DOCUMENTS. GC - 8

51 18.4 After ten (10) days from delivery of a WRITTEN NOTICE to the CONTRACTOR and the A/E, the OWNER may, without cause and without prejudice to any other right or remedy, elect to abandon the PROJECT and terminate the CONTRACT. In such case the CONTRACTOR shall be paid for all WORK executed and any expense sustained plus reasonable profit If, through no act or fault of the CONTRACTOR, the WORK is suspended for a period of more than ninety (90) days by the OWNER or under an order of court or other public authority, or the A/E fails to act on any request for payment within thirty (30) days after it is submitted, or the OWNER fails to pay the CONTRACTOR substantially the sum approved by the A/E or awarded by arbitrators within thirty (30) days of its approval and presentation, then the CONTRACTOR may, after ten (10) days from delivery of a WRITTEN NOTICE to the OWNER and the A/E terminate the CONTRACT and recover from the OWNER payment for all WORK executed and all expenses sustained. In addition and in lieu of terminating the CONTRACT, if the A/E has failed to act on a request for payment or if the OWNER has failed to make any payment as aforesaid, the CONTRACTOR may upon ten (10) days written notice to the OWNER and the A/E stop the WORK until paid all amounts then due, in which event and upon resumption of the WORK, CHANGE ORDERS shall be issued for adjusting the CONTRACT PRICE or extending the CONTRACT TIME or both to compensate for the costs and delays attributable to the stoppage of the WORK If the performance of all or any portion of the WORK is suspended, delayed, or interrupted as a result of a failure of the OWNER or A/E to act within the time specified in the CONTRACT DOCUMENTS, or if no time is specified, within a reasonable time, an adjustment in CONTRACT PRICE or an extension of the CONTRACT TIME, or both, shall be made by CHANGE ORDER to compensate the CONTRACTOR for the costs and delays necessarily caused by the failure of the OWNER or A/E The OWNER, without terminating the service of the CONTRACTOR or WRITTEN NOTICE to the Surety, through the A/E may withhold - without prejudice to the rights of the OWNER under the terms of the Agreement - or, on account of subsequently discovered evidence, nullify the whole or part of any approved partial payment estimate to such extent as may be necessary to protect the OWNER from loss on account of: defective work not remedied, claims filed or reasonable evidence indicating probable filing of claims, failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or for material or labor, a reasonable doubt that the WORK can be completed for the balance then unpaid, damage to another contractor, and performance of WORK in violation of the terms of the CONTRACT DOCUMENTS. 19. PAYMENT TO CONTRACTOR 19.1 At least ten (10) days before each progress payment falls due (but not more often than once a month), the CONTRACTOR will submit to the A/E a partial payment estimate filled out and signed by the CONTRACTOR covering the WORK performed during the period covered by the partial payment estimate and supported by such data as the A/E may reasonably require. The A/E will, within ten (10) days after receipt of each partial payment estimate, either indicate in writing approval of payment, and present the partial payment estimate to the OWNER, or return the partial payment estimate to the CONTRACTOR indicating in writing the reasons for refusing to approve payment. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the partial payment estimate. The OWNER will within ten (10) days of presentation of an approved partial payment estimate, pay the CONTRACTOR a progress payment on the basis of the approved partial payment estimate less the retainage. The retainage shall be an amount equal to 5% of said estimate until completion and acceptance of the WORK. The 5% retainage may be reduced by CHANGE ORDER if completion and acceptance of the WORK is delayed due to valid circumstances and the WORK is usable for its intended purpose by the OWNER. If the reduction in the retainage is approved the remaining retainage shall be an amount sufficient to complete the WORK The request for payment may also include an allowance for the cost of major materials and equipment which are suitably stored either at or near the site. Payment does not relieve the CONTRACTOR of his responsibility for the safe keeping of this material and equipment Prior to completion and acceptance of the WORK, the OWNER, with the approval of the A/E and with the concurrence of the CONTRACTOR, may use any completed or substantially completed portions of the WORK. Such use shall not constitute an acceptance of such portions of the WORK. GC - 9

52 19.4 The OWNER shall have the right to enter the premises for the purpose of doing work not covered by the CONTRACT DOCUMENTS. This provision shall not be construed as relieving the CONTRACTOR of the sole responsibility for the care and protection of the WORK, or the restoration of any damaged WORK except such as may be caused by agents or employees of the OWNER Upon completion and acceptance of the WORK, the A/E shall issue a certificate attached to the final payment request that the WORK has been accepted under the conditions of the CONTRACT DOCUMENTS. The entire balance found to be due the CONTRACTORS, including the retained percentages, but except such sums as may be lawfully retained by the OWNER, shall be paid to the CONTRACTOR within thirty (30) days of completion and acceptance of the WORK. The A/E's certificate of acceptance will be on the document "Consultant's Certification for Acceptance and Final Payment" The CONTRACTOR will indemnify and save the OWNER or the OWNER'S agents harmless from all claims growing out of the lawful demand of SUBCONTRACTORS, laborers, workmen, mechanic, materialmen, and furnishers of machinery and parts thereof, equipment, tools, and all supplies, incurred in the furtherance of the performance of the WORK. The CONTRACTOR shall, at the OWNER'S request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the CONTRACTOR fails to do so the OWNER may, after having notified the CONTRACTOR, either pay unpaid bills or withhold from the CONTRACTOR'S unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the CONTRACTOR shall be resumed in accordance with the terms of the CONTRACT DOCUMENTS, but in no event shall the provisions of this sentence be construed to impose any obligations upon the OWNER to either the CONTRACTOR, the CONTRACTOR'S Surety, or any third party. In paying any unpaid bills of the CONTRACTOR, any payment so made by the OWNER shall be considered as a payment made under the CONTRACT DOCUMENTS by the OWNER to the CONTRACTOR and the OWNER shall not be liable to the CONTRACTOR for any such payments made in good faith If the OWNER fails to make payment thirty (30) days after approval by the A/E, in addition to other remedies available to the CONTRACTOR, there shall be added to each such payment interest at the maximum legal rate commencing on the first day after said payment is due and continuing until the payment is received by the CONTRACTOR. The legal rate of interest shall be as specified in VAMS ACCEPTANCE OF FINAL PAYMENT AS RELEASE 20.1 The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER of all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with this WORK and for every act and neglect of the OWNER and others relating to or arising out of this WORK. Any payment however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the CONTRACT DOCUMENTS or the Performance and Payment BONDS. 21. INSURANCE 21.1 The CONTRACTOR shall purchase and maintain such insurance as will protect it from claims set forth below which may arise out of, or result from, the CONTRACTOR'S execution of the WORK, whether such execution be by the CONTRACTOR, any SUBCONTRACTOR, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: Claims under workmen's compensation, disability benefit and other similar employee benefit acts; Claims for damages because of bodily injury, occupational sickness or disease, or death of employee; Claims for damages because of bodily injury, sickness or disease, or death of any person other than employees; GC - 10

53 Claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as a result of an offense directly or indirectly related to the employment of such person by the CONTRACTOR, or (2) by any other person; and Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom Certificates of Insurance acceptable to the OWNER shall be filed with the OWNER prior to commencement of the WORK. These Certificates shall contain a provision that coverages afforded under the policies will not be canceled unless at least fifteen (15) days prior WRITTEN NOTICE has been given to the OWNER The CONTRACTOR shall procure and maintain, at the CONTRACTOR'S own expense, during the CONTRACT TIME, Liability insurance as hereinafter specified: CONTRACTOR'S General Public Liability and Property Damage Insurance including vehicle coverage issued to the CONTRACTOR and protecting the CONTRACTOR from all claims for personal injury, including death, and all claims for destruction of or damage to property, arising out of or in connection with any operations under the CONTRACT DOCUMENTS, whether such operations be by the CONTRACTOR or by any SUBCONTRACTOR employed by the CONTRACTOR or anyone directly or indirectly employed by the CONTRACTOR or by a SUBCONTRACTOR employed by the CONTRACTOR and also to include coverage for Products and/or Completed Operations. Insurance shall be written with a combined single limit for injury and/or property damage liability of not less than $2,000, per occurrence and with an aggregate of not less than $2,000, Where the WORK to be performed under the CONTRACT DOCUMENTS involves excavation or other underground WORK or construction, the Property Damage Insurance provided shall cover all injury to or destruction of property below the surface of the ground, such as wires, conduits, pipes, mains, sewers, etc., caused by the CONTRACTOR'S operations, Property Damage Insurance shall also cover the collapse of or structural injury to, any building or structure on or adjacent to the OWNER'S premises, or the injury to or destruction of property resulting therefrom, caused by the removal of other buildings, structures, or supports, or by excavations below the ground where the construction of a new structure or the demolition of an existing structure involves any of the foregoing designated hazards and in all cases where the CONTRACT provides for alternations in, additions to, or the underpinning of, an existing structure or structures. Before any blasting will be permitted, the CONTRACTOR shall be required to obtain a Blasting Endorsement on his Public Liability and Property Damage Insurance Policy The CONTRACTOR shall secure CONTRACTOR'S Contingent or Protective Liability and Property Damage to protect the CONTRACTOR from any and all claims arising from the operations of SUBCONTRACTOR employed by the CONTRACTOR. The minimum amounts of such insurance shall be as required for Public Liability and Property Damage Insurance The CONTRACTOR shall purchase, maintain and deliver to the OWNER a Protective Liability Policy in the name of the OWNER for operations of the CONTRACTOR or any SUBCONTRACTOR in connection with the execution of the AGREEMENT. The minimum amounts of such insurance shall be the same as required for Public Liability and Property Damage Insurance The CONTRACTOR shall maintain Automobile Public Liability and Property Damage Insurance to protect the CONTRACTOR from any and all claims arising from the use of the following in the execution of the WORK: a) Contractor's own automobiles and trucks. b) Hired automobiles and trucks. c) Automobiles and trucks not owned by the CONTRACTOR. The insurance shall cover the use of the automobiles and trucks both on and off the site of the PROJECT. The minimum amounts of such insurance shall be the same as required for Public Liability and Property Damage Insurance The CONTRACTOR shall procure and maintain, at the CONTRACTOR'S own expense during the CONTRACT TIME, in accordance with the provisions of the laws of the state in which the WORK is performed, Workmen's Compensation Insurance, including occupational disease provisions, for all the CONTRACTOR'S employees at the site of the PROJECT and in case any WORK is sublet, the CONTRACTOR shall require such GC - 11

54 SUBCONTRACTOR similarly to provide Workmen's Compensation Insurance, including occupational disease provisions for all of the latter's employees unless such employees are covered by the protection afforded by the CONTRACTOR. In case any class of employees engaged in hazardous work under this contract at the site of the PROJECT is not protected under Workmen's Compensation statue, the CONTRACTOR shall provide, and shall cause each SUBCONTRACTOR to provide, adequate and suitable insurance for the protection of its employees not otherwise protected The CONTRACTOR shall secure, if applicable, "All Risk" type Builder's Risk Insurance for WORK to be performed. Unless specifically authorized by the OWNER, the amount of such insurance shall not be less than the CONTRACT PRICE totaled in the BID. The policy shall cover not less than the losses due to fire, explosion, hail, lightning, vandalism, malicious mischief, wind, collapse, riot, aircraft, and smoke during the CONTRACT TIME, and until the WORK is accepted by the OWNER. The policy shall name as the insured, as their interests may appear, the OWNER, CONTRACTOR, SUBCONTRACTORS, and RURAL DEVELOPMENT. This provision shall in no way release the CONTRACTOR or CONTRACTOR'S surety from obligations under the CONTRACT DOCUMENTS to fully complete the PROJECT. 22. CONTRACT SECURITY 22.1 The CONTRACTOR shall within fifteen (15) days after the receipt of the NOTICE OF AWARD furnish the OWNER with a Performance BOND and a Payment BOND in penal sums equal to the amount of the CONTRACT PRICE, conditioned upon the performance by the CONTRACTOR of all undertakings, covenants, terms, conditions and agreements of the CONTRACT DOCUMENTS, and upon the prompt payment by the CONTRACTOR to all persons supplying labor and materials in the prosecution of the WORK provided by the CONTRACT DOCUMENTS. Such BONDS shall be executed by the CONTRACTOR and a corporate bonding company licensed to transact such business in the state in which the WORK is to be performed and named on the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Treasury Department Circular Number 570. The expense of these BONDS shall be borne by the CONTRACTOR. If at any time a surety on any such BOND is declared a bankrupt or loses its right to do business in the state in which the WORK is to be performed or is removed from the list of Surety Companies accepted on Federal Bonds, CONTRACTOR shall within ten (10) days after notice from the OWNER to do so, substitute an acceptable BOND (or BONDS) in such form and sum and signed by such other surety or sureties as may be satisfactory to the OWNER. The premiums on such BOND shall be paid by the CONTRACTOR. No further payment shall be deemed due nor shall be made until the new surety or sureties shall have furnished an acceptable BOND to the OWNER. 23. ASSIGNMENTS 23.1 Neither the CONTRACTOR nor the OWNER shall sell, transfer, assign, or otherwise dispose of the Contract or any portion thereof, or of any right, title or interest therein, or any obligations thereunder, without written consent of the other party. 24. INDEMNIFICATION 24.1 The CONTRACTOR will indemnify and hold harmless the OWNER and the A/E and their agents and employees from and against all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the performance of the WORK, provided that any such claims, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including the loss of use resulting therefrom; and is caused in whole or in part by any negligent or willful act or omission of the CONTRACTOR, and SUBCONTRACTOR, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable In any and all claims against the OWNER or the A/E or any of their agents or employees, by any employee of the CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any SUBCONTRACTOR under workmen's compensation acts, disability benefit acts or other employee benefits acts. GC - 12

55 24.3 The obligation of the CONTRACTOR under this paragraph shall not extend to the liability of the A/E, its agents or employees arising out of the preparation or approval of maps, DRAWINGS, opinions, reports, surveys, CHANGE ORDERS, designs or SPECIFICATIONS. 25. SEPARATE CONTRACTS 25.1 The OWNER reserves the right to let other contracts in connection with this PROJECT. The CONTRACTOR shall afford other CONTRACTORS reasonable opportunity for the introduction and storage of their materials and the execution of their WORK, and shall properly connect and coordinate the WORK with theirs. If the proper execution or results of any part of the CONTRACTOR'S WORK depends upon the WORK of any other CONTRACTOR, the CONTRACTOR shall inspect and promptly report to the A/E any defects in such WORK that render it unsuitable for such proper execution and results The OWNER may perform additional WORK related to the PROJECT or the OWNER may let other contracts containing provisions similar to these. The CONTRACTOR will afford the other CONTRACTORS who are parties to such Contracts (or the OWNER, if the OWNER is performing the additional WORK) reasonable opportunity for the introduction and storage of materials and equipment and the execution of WORK, and shall properly connect and coordinate the WORK with theirs If the performance of additional WORK by other CONTRACTORS or the OWNER is not noted in the CONTRACT DOCUMENTS prior to the execution of the CONTRACT, written notice thereof shall be given to the CONTRACTOR prior to starting any such additional WORK. If the CONTRACTOR believes that the performance of such additional WORK by the OWNER or others involves it in additional expense or entitles it to an extension of the CONTRACT TIME, the CONTRACTOR may make a claim thereof as provided in Sections 14 and SUBCONTRACTING 26.1 The CONTRACTOR may utilize the services of specialty SUBCONTRACTS on those parts of the WORK which, under normal contracting practices, are performed by specialty SUBCONTRACTORS The CONTRACTOR shall be fully responsible to the OWNER for the acts and omissions of its SUBCONTRACTORS, and of persons either directly or indirectly employed by them, as the CONTRACTOR is for the acts and omissions of persons directly employed by it The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the WORK to bind SUBCONTRACTORS to the CONTRACTOR by the terms of the CONTRACT DOCUMENTS insofar as applicable to the WORK of SUBCONTRACTORS and give the CONTRACTOR the same power as regards terminating any subcontract that the owner may exercise over the CONTRACTOR under any provision of the CONTRACT DOCUMENTS Nothing contained in the CONTRACT shall create any contractual relation between any SUBCONTRACTOR and the OWNER. 27. A/E'S AUTHORITY 27.1 The A/E shall act as the OWNER'S representative during the construction period, shall decide questions which may arise as to quality and acceptability of materials furnished and WORK performed, and shall interpret the intent of the CONTRACT DOCUMENTS in a fair and unbiased manner. The A/E will make visits to the site and determine if the WORK is proceeding in accordance with the CONTRACT DOCUMENTS The CONTRACTOR will be held strictly to the intent of the CONTRACT DOCUMENTS in regard to the quality of materials, workmanship, and execution of the WORK. Inspections may be at the factory or fabrication plant of the source of the material supply The A/E will not be responsible for the construction means, controls, techniques, sequences, procedures, or construction safety. GC - 13

56 27.4 The A/E shall promptly make decisions relative to interpretation of the CONTRACT DOCUMENTS The A/E shall be responsible for obtaining an acknowledgment of the "Consultant's Certification for Acceptance and Final Payment" from the OWNER before the certifications may take effect. 28. LAND AND RIGHT-OF-WAY 28.1 Prior to issuance of NOTICE TO PROCEED, the OWNER shall obtain all land and rights-of-way necessary for carrying out and for the completion of the WORK to be performed pursuant to the CONTRACT DOCUMENTS, unless otherwise mutually agreed The OWNER shall provide to the CONTRACTOR information which delineates and describes the lands owned and rights-of-way acquired The CONTRACTOR shall provide at its own expense and without liability to the OWNER any additional land and access thereto that the CONTRACTOR may desire for temporary construction facilities, or for storage of materials. 29. GUARANTEE 29.1 The CONTRACTOR shall guarantee all materials and equipment furnished and WORK performed for a period of one (1) year from the date of completion and acceptance of the WORK. The CONTRACTOR warrants and guarantees for a period of one (1) year from the date of completion and acceptance of the WORK that the completed WORK is free from all defects due to faulty materials or workmanship and the CONTRACTOR shall promptly make such corrections as may be necessary by reason of such defects including the repairs of any other damages that were caused by defects in the WORK. The OWNER will give notice of observed defects with reasonable promptness. In the event that the CONTRACTOR should fail to make such repairs, adjustments, or other WORK that may be made necessary by such defects, the OWNER may do so and charge the CONTRACTOR the cost thereby incurred. In emergency where, in the judgment of the OWNER; delay would cause serious loss or damage, repairs and replacement of defects in the WORK and damage caused by defects may be made without notice being sent to the CONTRACTOR, and the CONTRACTOR shall pay the cost thereof. The Performance BOND shall remain in full force and effect through the guarantee period. 30. REMEDIES 30.1 Except as may be otherwise found in the CONTRACT DOCUMENTS, all claims, disputes, counter-claims, and other matters in question between the OWNER and CONTRACTOR arising out of or related to this AGREEMENT or the breach thereof, will be decided by arbitration if the parties hereto mutually agree, or in a court of competent jurisdiction within the state in which the OWNER is located. 31. TAXES 31.1 The CONTRACTOR will pay all sales, consumer, use, and other similar taxes required by the laws of the place where the WORK is performed A Missouri Sales Tax Exemption is provided for by Missouri State Status , effective August 28, 1994, which allows for a sales tax exemption to contractors constructing, repairing or remodeling facilities or purchasing personal property and materials to be incorporated into and consumed in the construction of projects for a tax exemption entity. The tax exempt entity shall furnish a signed exemption certification, authorizing such purchases for the construction, repair or remodeling project, to each CONTRACTOR and/or SUBCONTRACTOR. For further information please contact the Missouri Department of Revenue, P. O. Box 840, Jefferson City, MO 65105, telephone Enclosed is a form approved by the Missouri Department of Revenue. GC - 14

57 32. AMERICAN PROVISION To comply with 10 CSR (2)(M) 6, preference must be given to domestic materials by the contractor, subcontractors, materialmen in the performance of this contract. 33. PRIVITY OF CONTRACT Neither the Missouri Department of Natural Resources, its divisions not its employees are or will be a party to the contract(s) at any tier. 34. SMALL BUSINESS ACT Prior to awarding contracts, the loan recipient and any contractor awarding subcontracts must take the following affirmative steps in accordance with Section 129 of the Public Law , Small Business Administration Reauthorization and Amendment Act of 1988: a. Placing Small Business in Rural Areas (SBRA) on solicitation lists; b. Ensuring that SBRAs are solicited whenever they are potential sources; c. Dividing total requirements, when economically feasible, into small tasks or quantities to permit maximum participation by SBRAs; d. Establishing delivery schedules, where the requirements of work will permit and encourage participation by SBRAs; e. Utilizing the services of the Small Business Administration and the Minority Business Development Agency of the U.S. Department of Commerce, as appropriate. 35. MISSOURI PRODUCTS In accordance with Chapter as amended, preference shall be given to Missouri products. 36. MISSOURI FIRMS Pursuant to Chapter RSMO as amended, a preference shall be given to those persons doing business as Missouri firms, corporations, or individuals, or which maintain Missouri offices or places of business, when the quality of performance promised is equal or better and the price quoted is the same or less. In addition, in order for a nondomiciliary bidder to be successful, his bid must be the same percentage lower than a domiciliary Missouri bidder s bid, as would be required for a Missouri bidder to successfully bid in the nondomiciliary s state. 37. STORM WATER DISCHARGE PERMIT In accordance with 10 CSR (1)(A) and (1)(B)(7), if the proposed project disturbs one (1) contiguous surface acre or more of land, then a land disturbance permit to discharge storm water is required. For further information, contact the Missouri Department of Natural Resources, Water Pollution Control Program, P.O. Box 176, Jefferson City, MO 65102, Telephone: (573) GC - 15

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59 TABLE OF CONTENTS SUPPLEMENTAL GENERAL CONDITIONS SG-1. CERTIFICATE OF OWNER'S ATTORNEY SG-2. CONFLICT OF INTEREST SG-3. CLEAN AIR ACT SG-4. PREVAILING HOURLY WAGE RATES SG-5. MODIFICATION OF GENERAL CONDITION 17. SUBSURFACE CONDITIONS SG-6. CONFLICT BETWEEN STIPULATIONS SG-7. OBSERVATION SG-8. LOSSES FROM NATURAL CAUSES SG-9. PAYMENTS AND USE OF COMPLETED WORK SG-10. SUNDAY, HOLIDAY, AND NIGHT WORK SG-11. HISTORICAL AND ARCHAEOLOGICAL Public Law SG-12. FORMS Page No. SG-1 SG-1 SG-1 SG-2 SG-2 SG-2 SG-2 SG-3 SG-3 SG-3 SG-4 SG-4

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61 1. CERTIFICATE OF OWNER'S ATTORNEY SUPPLEMENTAL GENERAL CONDITIONS The CERTIFICATE OF OWNER'S ATTORNEY shall be a part of the CONTRACT DOCUMENTS. 2. CONFLICT OF INTEREST Unacceptable bidders. An ENGINEER or ARCHITECT (individual or firm including persons they employee) who has prepared plans and specifications will not be considered an acceptable bidder. Any firm or corporation in which such ENGINEER or ARCHITECT (including persons they employ) is an officer, employee, or holds or controls a substantial interest will not be considered an acceptable bidder. Contracts or purchases by the CONTRACTOR shall not be awarded or made to a supplier or manufacturer if the ENGINEER or ARCHITECT (firm or individual) who prepared they plans and specifications has a corporate or financial affiliation with the supplier or manufacturer. Bids will not be awarded to firms or corporations which are owned or controlled wholly or in part by a member of the governing body of the OWNER or to an individual who is such a member. The OWNER S officers, employees, or agents shall not engage in the award or the administration of the AGREEMENT if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: (a) the employee, officer or agent; (b) any member of their immediate family; (c) their partner or (d) an organization which employs, or is about to employ, any of the above has financial or interest in the CONTRACTOR. The OWNER S officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from the CONTRACTOR or SUBCONTRACTOR. 3. CLEAN AIR ACT If the contract exceeds $100,000, the CONTRACTOR agrees to comply with all the requirements of Section 114 of the Clean Air Act and (42 U.S.C. &1857 C-9) Section 308 of the Water Pollution Control Act (33 U.S.C. &1318) relating to observation, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 of the Clean Air Act and Section 308 of the Water Pollution Control Act and all regulations and guidelines issued thereunder after the award of the contract. Such regulations and guidelines can be found at 40 C.F.R and 40 FR dated April 16, In so doing the CONTRACTOR further agrees: (a) As a condition for the award of contract, to notify the OWNER of the receipt of any communication from the Environmental Protection Agency (EPA) indicating that a facility to be utilized in the performance of the contract is under consideration to be listed on the EPA list of Violating Facilities. Prompt notification is required prior to contract award. (b) To certify that any facility to be utilized in the performance of any nonexempt contractor subcontract is not listed on the EPA list of Violating Facilities pursuant to 40 CFR as of the date of contract award. (c) To include or cause to be included the above criteria and requirements in every nonexempt subcontract and that the CONTRACTOR will take such action as the Government may direct as a means of enforcing such provisions. As used in these paragraphs the term "facility" means any building, plant, installation, structure, mine, vessel or other floating craft, location, or site of operations owned, leased or supervised by a grantee, cooperator, CONTRACTOR, or SUBCONTRACTOR, to be utilized in the performance of a grant, agreement, contract, subgrant, or subcontract. Where a location or site of operations contains or includes more than one building, plant, installation, or structure, the entire location shall be deemed to be a facility except where the Director, Office of Federal Activities, Environmental Protection Agency, determines that independent facilities are co-located in one geographical area. SG - 1

62 4. PREVAILING HOURLY WAGE RATES The AGREEMENT shall be based upon the required payment by the CONTRACTOR of the prevailing hourly rate of wages for each craft or type of workman required to execute the AGREEMENT as determined by the Department of Labor and Industrial Relations of Missouri. See Schedule of Prevailing Hourly Wage Rates attached hereto and made a part hereof. Not less than the prevailing hourly rate of wages shall be paid to all workmen performing work under the contract. The CONTRACTOR shall comply in all respects with Sections through R.S.MO. The CONTRACTOR will forfeit a penalty to OWNER in the amount of $ per day or portion thereof for each worker who is paid less than the prevailing hourly rate of wages prescribed by law for any work done under the contract by the CONTRACTOR or by any subcontractor under CONTRACTOR. The CONTRACTOR and each SUBCONTRACTOR shall keep an accurate record showing the names and occupations of all workmen employed by him, together with the actual wages paid to each workman, which shall be open to observation at all reasonable hours by the representatives of the Department of Labor and Industrial Relations of Missouri and the OWNER. The CONTRACTOR is advised of the fact that the prevailing hourly rate of wages is subject to change by the Department of Labor and Industrial Relations or by court decision as provided by law during the life of this AGREEMENT and such change shall not be the basis of any claim by the CONTRACTOR against the OWNER nor will deductions be made by the OWNER against sums due the CONTRACTOR by reason of such change. The "prevailing hours of labor" for all classifications of laborers, workmen, and mechanics to be employed in the work are eight hours per day and forty hours per week. 5. MODIFICATION OF GENERAL CONDITION 17. SUBSURFACE CONDITIONS Stipulations 17.2 through are null. Also, 17.3 shall be applicable to excavation for foundations of surface structures; buildings; bridges, tanks, tower, retaining wall and other types of surface structures. Stipulations will be valid when is invoked. 6. CONFLICT BETWEEN STIPULATIONS If there are any conflicts between the Technical Specifications stipulations and the stipulations in the General Conditions and the Supplemental General Conditions, the stipulations in the General Conditions and the Supplemental General Conditions shall govern only as to the specific part where the conflict exists. 7. OBSERVATION. The A/E and resident project representative shall have free access to all parts of the work, including pits, quarries, shops and plants where any part of the materials are produced or processed. All materials intended for incorporation shall be subject to final approval of the A/E. Resident project representative shall have the authority to reject defective materials; to delay the respective construction while the suitability of materials is being determined or while equipment is being adjusted or calibrated; and to suspend operations on any part of the work not meeting Contract requirements. Resident project representative shall have no authority to deviate from or to relax the specifications without written permission of the A/E, or to delay the work unreasonably by failing to observe or to test in the field any of the work and materials. SG - 2

63 The Owner may appoint (either directly or through the A/E) such resident project representative as the Owner deems proper to observe the materials furnished and the work performed for compliance with the drawings and specifications. The Contractor shall furnish all reasonable assistance required by the A/E, or resident project representative, for the proper observation of the work. Should the Contractor object to any interpretation of the contract by a resident project representative, the Contractor may make written appeal to the A/E for a decision. Such observation shall not relieve the Contractor from any obligation to perform said work strictly in accordance with the plans and specifications or any modifications thereof as herein provided, and work not so constructed shall be removed and made good by the Contractor at his own expense, and free of all expense to the Owner, whenever so ordered by the A/E, without reference to any previous oversight or error in observation. General Condition 7.8 is further amplified when applied to pipe line type work as follows: Pipeline work includes joints at very frequent intervals in relation to the entire work and the adequacy of joints is necessary to the success or failure of the job. Should it be determined that the Contractor has used improper methods of installation or improper joint lubricant on only one joint thus making it defective; then the burden of proof of acceptability of all other joints shall shift to the Contractor. The Contractor shall be required to prove that the remaining joints are acceptable and all costs in relation thereto shall be paid by the Contractor without reimbursement by the Owner. 8. LOSSES FROM NATURAL CAUSES. All loss or damage arising out of the nature of the work, or from the action of the elements, or from floods or overflows, or from ground water, or from any unusual obstruction or difficulty, or any other natural or existing circumstance either known or unforeseen, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 9. PAYMENTS AND USE OF COMPLETED WORK. Materials Stored: General Condition 19.2 is modified for pipeline type work as follows: Payment for materials will be made only on that material which will be used in the next 90 days. Placing Work in Service in Segments: On large pipe line type jobs the work will be divided into several segments, each of which will cover a specific geographic area and which can function independent of other segments and which for purposes of construction do not interfere with each other and may or may not even touch each other except for a tie-in. Contract procedures will require complete sequenced construction of these segments such that they are independently ready for service to customers. General Condition 19.3 is modified to stipulate that Contractor concurrence will be required only if the Owner desires to use a portion of one of these segments while construction is still occurring on that segment (final cleanup not considered), but when work is complete on a segment Contractor concurrence for use is not required. Such use and operation shall not constitute an acceptance of the work, and the Contractor shall be liable for defects due to faulty construction throughout the duration of this contract and thereafter as provided under the guarantee. 10. SUNDAY, HOLIDAY, AND NIGHT WORK. No work shall be done between 7:00 p.m. and 6:00 a.m. nor on Sundays or legal holidays without the written permission of the Owner. However, emergency work may be done without prior permission. SG - 3

64 Night work may be established by the Contractor as a regular procedure with the written permission of the Owner; such permission, however, may be revoked at any time by the Owner if the Contractor fails to maintain adequate equipment and supervision for the proper prosecution and control of the work at night. If the Contractor desires to work on Saturday, he shall notify both the A/E and the Owner at least 8 days in advance to allow for proper observation. The Bid Form (page B-1) stipulates that the Contractor will complete the work in a specified number of consecutive calendar days. The Contractor shall take note that the non-work times as outlined herein above shall not act as a condition to allow extra calendar days. But the Contractor shall plan his work to complete the project within said calendar days with no work being performed as aforesaid. 11. HISTORICAL AND ARCHAEOLOGICAL - Public Law If during the course of construction, evidence of deposits of historical or archaeological interest is found, the contractor shall cease operations affecting the find and shall notify the owner who shall notify the Missouri Department of Natural Resources and the Director, Division of Parks and Historic Preservation, P. O. Box 176, Jefferson City, Missouri 65102, Telephone (573) No further disturbance of the deposits shall ensure until the contractor has been notified by the owner that he may proceed. The owner will issue a notice to proceed only after the state official has surveyed the find and made a determination to the Missouri Department of Natural Resources and the owner. Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the specifications. 12. FORMS The enclosed FORMS shall be a part of the CONTRACT DOCUMENTS. Page No. AF - 1 Notice of Award Page SG - 5 AF - 2 Notice to Proceed Page SG - 6 AF - 3 Partial Payment Estimate Page SG - 7 AF - 4 Material Record Page SG - 8 AF - 5 Contract Change Order Page SG - 9 AF - 6 Consultant's Inspection Report Page SG - 10 AF - 7 Statement Of Compliance Page SG - 11 AF - 8 Consultant's Certification for Acceptance and Final Payment Page SG - 12 SG - 4

65 NOTICE OF AWARD TO: PROJECT Description: The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated, 20, and Information for Bidders. You are hereby notified that your BID has been accepted for items in the amount of $. You are required by the Information for Bidders to execute the Agreement and furnish the required CONTRACTOR S Performance BOND, Payment BOND and Certificates of insurance within fifteen (15) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said BONDS within fifteen (15) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER S acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this day of, 20. ACCEPTANCE OF NOTICE By Title Receipt of the above NOTICE OF AWARD is hereby acknowledged Owner By: This the day of, 20. By Title Employer Identification Number AF - 1 SG - 5

66 NOTICE TO PROCEED To: Date: Project: You are hereby notified to commence WORK in accordance with the Agreement dated, 20, on or before, 20, and you are to complete the work within consecutive calendar days thereafter. The date of completion of all WORK is therefore, 20. Owner ACCEPTANCE OF NOTICE By Title Receipt of the above NOTICE TO PROC- EED is hereby acknowledged by, this the, 20 By Title Employer Identification Number AF 2 SG - 6

67 PARTIAL PAYMENT ESTIMATE Contract Days: Sheet of Days Used No. Days Remaining Contract $ Completion Date % Complete From 20 To 20 (Owner) of County (Contractor) (Address) Item No. & Contract Add Deduct Completed Description Units Units Units Units Price Values * Remarks Value of Completed Work $ Value of Material on Hand $ Total Value of Work and Material - $ Less 10 % Retained $ *Deduction $ Total Amount Due to Date $ Less Previous Payment $ Net Amount Due $ I hereby certify that the degree of completion of the WORK, as represented by this partial payment estimate, was performed in compliance with the CONTRACT DOCUMENTS. CONTRACTOR (Submitted): Date: I, the CONSULTANT, hereby certify that I or a delegated representative has Inspected the WORK and as a result of this inspection, and to the best of my knowledge, the degree of completion of the WORK, as represented by this partial payment estimate, conforms to the DRAWINGS and SPECIFICATIONS. CONSULTANT (Approved): Date: OWNER (Authorized Payment): Date: AF - 3 SG - 7

68 MATERIAL RECORD Est. No. Sheet of. From 20 To 20 (Owner) of County State of Missouri Material (Contractor) Received To Date Used To Date On Hand (Address) Invoice Unit Price Values Value of Material on Hand $ CONSULTANT (Arch. or Engr.) Approved Date AF - 4 SG - 8

69 CONTRACT CHANGE ORDER Contractor's Sheet of Change Order No. (Owner) of State of Missouri County To for (Contractor) (Section of Project) you are hereby directed to make the following changes. I. Description, location and reason for change of each item and effect on completion time. (Attach additional sheets if required.) II. Cost of work affected by the change order. (Modify for Lump-sum contract.) (A) (B) (C) (D) (E) (F) (G) (H) Units Units Units Contract Item Item Provided To Be Add or or Unit Amount Amount No. Description For Built Deduct Price Added Deducted TOTALS... $ $ 1. Original Contract Amount $ 2. Add or Deduct This Order (G-H of Totals) $ 3. Add or Deduct Previous (Line 4 on Previous Order) $ 4. Total Add or Deduct to Date (2+3) $ 5. Revised Contract Amount (1+4)1/ $ III. CONSULTANT (Arch. or Engr.) Date CONTRACTOR Date OWNER Date Change order is subject to all provisions of the contract documents and is not in effect unless signed by all parties indicated. 1/ When the Revised Contract Amount is in excess of the Original Contract Amount by 20% the PERFORMANCE BOND and PAYMENT BOND to be amended by the PRINCIPAL and SURETY. AF 5 SG - 9

70 CONSULTANT S INSPECTION REPORT Date: Project: Location: Contractor: Superintendent: Persons Contacted: Work Accomplished (Progress): Delays or Unusual Problems: Remarks: CONSULTANT (Arch. or Engr.) By: AF - 6 SG -10

71 STATEMENT OF COMPLIANCE Date I,,, do hereby state: (Name of signatory party) (Title) (1) That I pay or supervise the payment of the persons employed by on (Contractor or subcontractor) the ; that during the payroll period commencing on the day of. 19, and ending the day of, 20, all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said from the full weekly wages earned by any person and that no deductions (Contractor or subcontractor) have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 CFR Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat Stat. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. 276c), and described below: (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract; that the classification set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That: (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS - In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in Section 4(c) below. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH - Each Laborer or mechanic listed in the above referenced payroll has been paid as indicated on the payroll, and amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in section 4(c) below. (c) EXCEPTIONS EXCEPTION (CRAFT) EXPLANATION REMARKS NAME AND TITLE SIGNATURE THE WILFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION SEE SECTION 1001 OF TITLE 16 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE AF - 7 SG - 11

72 CONSULTANT S CERTIFICATION for Acceptance and Final Payment Section I I,, Consultant (Architect or Engineer) for have been notified by that he has completed (Name of Owner) (Name and Address of Contractor) (Description of Work Contracted) in accordance with the contract documents and that it is functioning properly. I hereby certify that, upon receipt of the above notification by the contractor, final inspection of the work was conducted by me, and, to the best of my knowledge, the work has been completed in accordance with the drawings and specifications and is functioning properly. I have approved all payment estimates; prepared and received approval of all change orders. I have received the required certifications, instructions for operating the equipment, manuals, and other documents from the contractor and delivered them to the owner. Notification has been given to the proper Government agencies that the work is completed. I recommend, under the provisions of the contract documents, that the work be accepted and that final payment be made. (Date) (Consultant) (SEAL) Section II The work described above accepted by the consultant is hereby acknowledged and final payment authorized. (Date) (Owner) ATTEST: (Clerk) By: (Name and Title of Official) (SEAL) cc: Contractor Owner Engineer AF - 8 SG - 12

73 TAX EXEMPTION TE-1. Contractors who desire to purchase items, on a tax exempt basis, which are to be incorporated into this job shall request a filled out copy of the attached certificate and the owners tax exempt letter. Thereafter copies shall be furnished to any subcontractor who desires same. Exemption shall apply to all tangible personal property and materials to be incorporated or consumed in the construction of this specific project and no other. Contractor shall require materialmen, suppliers and others who provide items for purchase on this project to place owners name on sales ticket, invoices, etc. for all that is to be subject to this exemption. Contractor shall provide, on a monthly basis, copies of such tickets, etc. from itself and subcontractors along with its periodical estimate for partial payment. TE - 1

74 Missouri Department of Revenue Project Exemption Certificate Name of Exempt Entity Issuing the Certificate This form is to be completed and given to your contractor. Address City Address Project Number Project Begin Date (MM/DDNYYY) Estimated Project End Date (MM/DDNYYY) Description of Project Project Location Certificate Expiration Date (MM/DDNYYY) Provide a signed copy of this certificate, along with a copy of the exempt entity's Missouri Sales and Use Tax Exemption Letter to each contractor or subcontractor who will be purchasing tangible personal property for use in this project. It is the responsibility of the exempt entity to ensure the validity of the information on the certificate. The exempt entity must issue a new certificate if any of the information changes. Signature of Authorized Exempt Entity Printed Name of Authorized Exempt Entity Date (MM/DDNYYY) The Missouri exempt entity named above hereby authorizes the purchase, without sales tax, of tangible personal property to be incorporated or consumed in the construction project identified herein and no other, pursuant to Section RSMo. Under penalties of perjury, I declare that the above information and any attached supplement is true, complete, and correct. Name of Purchasing Contractor Signature of Contractor Date (MM/DDNYYY) / Address City ZIP Code Contractors - Present this to your supplier in order to purchase the necessary materials tax exempt. Complete the Subcontractor portion if extending the certificate to your subcontractor. The contractor must sign the form in the space provided below. Name of Purchasing Subcontractor Address City ZIP Code Signature of Contractor Contractor's Printed Name Form 5060 (Revised ) Taxation Division P.O Box358 Jefferson City, MO Phone: (573) Fax: (573) salestaxexemptions@dor.mo.gov Visit for additional information.

75 .... EXEMPTION FROM MISSOURI SALES AND USE TAX ON PURCHASES Issued to: Missouri Tax ID Number: Effective Date: 07/11/2002 Any alteration to this exempt~on letter renders it invalid. If you have any questions regarding the use of this letter, please contact the Division of Taxation and Collection, P.O. Box 3300, Jefferson City, MO , Phone ,

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77 TABLE OF CONTENTS WAGE RATES Page No. COLE COUNTY AWO 24 WR - 1 to WR 14 AFFIDAVIT COMPLIANCE WITH THE PREVAILING WAGE LAW

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79 Missouri Division of Labor Standards WAGE AND HOUR SECTION ERIC R. GREITENS, Governor Annual Wage Order No. 24 Section 026 COLE COUNTY In accordance with Section 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 65102M0599. 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 City, MO pursuant to 8 CSR (1). A certified copy of the Annual Wage Order has been filed with the Secretary of State of Missouri. Original Signed by Tammy Cavender Acting Department Director Division of Labor Standards This Is A True And Accurate Copy Which Was Filed With The Secretary of State: March 10, 2017 Last Date Objections May Be Filed: April 10, 2017 Prepared by Missouri Department of Labor and Industrial Relations

80 Building Construction Rates for COLE County REPLACEMENT PAGE Section 026 OCCUPATIONAL T!TLE Date of I I ~ I Ia I ~I Seoood ill II I IMacble I o $ I b 1381 $26.1 ' b ISheel Metal Wockel ~o~ockoc ' 'I $ =m04 ot4.76 I II Fringe Benefit Percentage is of the Basic Hourly Rate Annual Incremental Increase 'SEE FOOTNOTE PAGE ANNUAL WAGE ORDER NO. 24

81 Building Construction Rates for Section 026 COLE County Footnotes oas1c uver- OCCUPATIONAL TITLE H Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Schedule Schedule *Welders receive rate prescribed for the occupational title performing operation to which welding is incidental Use Building Construction Rates on Building construction in accordance with the classifications of construction work established in 8 CSR {2). Use Heavy Construction Rates on Highway and Heavy construction in accordance with the classifications of construction work established in 8 CSR (3). a- Vacation; Employees over 5 years- 8%; Employees under 5 years- 6% b- All work over $7 MiJJion Total Mechanical Contract- $38.00, Fringes- $26.93 All work under $7 Million Total Mechanical Contract- $36.66, Fringes- $21.49 **Annual Incremental Increase ANNUAL WAGE ORDER NO. 24 3/17

82 COLE COUNTY BUILDING CONSTRUCTION- OVERTIME SCHEDULE FED: Minimum requirement per Fair Labor Standards Act means time and one half (1 1,1,} shall be paid for all work in excess of forty ( 40} hours per work week. NO. 9: Means the regular workday starting time of 8:00 a.m. (and resulting quitting time of 4:30 p.m.) may be moved forward to 6:00 a.m. or delayed one hour to 9:00 a.m. All work performed in excess of the regular work day and on Saturday shall be compensated at one and one-half (1%) times the regular pay. In the event time is lost during the work week due to weather conditions, the Employer may schedule work on the following Saturday at straight time. All work accomplished on Sunday and holidays shall be compensated for at double the regular rate of wages. The work week shall be Monday through Friday, except for midweek holidays. N0.11: Means eight (8) hours shall constitute a day's work, with the starting time to be established between 6:00a.m. and 8:00 a.m. from Monday to Friday. Time and one half (1 :Yz} shall be paid for first two (2) hours of overtime Monday through Friday and the first eight (8) hours on Saturday. All other overtime hours Monday through Saturday shall be paid at double (2) time rate. Double (2) time shall be paid for all time on Sunday and recognized holidays or the days observed in lieu of these holidays. NO. 12: Means the work week shall commence on Monday at 12:01 a.m. and shall continue through the following Friday, inclusive of each week. All work performed by employees anywhere in excess of forty (40) hours in one (1) work week, shall be paid for at the rate of one and one half (1 %) times the regular hourly wage scale. All work performed within the regular working hours which shall consist of a ten (10) hour work day except in emergency situations. Overtime work and Saturday work shall be paid at one and one half (1 %) times the regular hourly rate. Work on recognized holidays and Sundays shall be paid at two (2) times the regular hourly rate. NO. 18: Means the regular work day shall be eight (8) hours. Working hours are from six (6) hours before Noon (12:00) to six (6} hours after Noon (12:00). The regular work week shall be forty (40) hours, beginning between 6:00a.m. and 12:00 Noon on Monday and ending between 1:00 p.m. and 6:00 p.m. on Friday. Saturday will be paid at time and one half (1%). Sunday and Holidays shall be paid at double (2) time. Saturday can be a make up day if the weather has forced a day off, but only in the week of the day being lost. Any time before six (6) hours before Noon or six (6) hours after Noon will be paid at time and one half (1"%). 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 inclement 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 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 interest parties. For all time worked on recognized holidays, or days observed as such, double (2) time shall be paid. NO. 26: Means that the regular working day shall consist of eight (8} hours worked between 6:00 a.m., and 5:00 p.m., five (5) days per week, Monday to Friday, inclusive. Hours of work at each jobsite shalf 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 on Construction Work on Saturdays, Sundays and before and after the regular working day on Monday to Friday, inclusive, shall be classified as overtime, and paid for at double (2) the rate of 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 regular working day shall consist of ten (10) hours worked consecutively, between 6:00a.m. and 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 regular working day on Monday to Thursday where a four (4) ten (10) hour day workweek has been established, will be paid at two times (2) the single time rate of pay. The rate of pay for all work performed on holidays shall be at two times (2) the single time rate of pay. AW OT.doc ANNUAL WAGE ORDER NO. 24 Page 1 of5

83 COLE COUNTY BUILDING CONSTRUCTION - OVERTIME SCHEDULE NO. 28: Means a regular workday shall consist of eight (8) hours between 7:00 a.m. and 5:30 p.m., with at least a thirty {30) minute period to be taken for lunch. Five (5) days a week, Monday through Friday inclusive, shall constitute a work week. The Employer has the option for a workday/workweek of four {4) ten (10) hour days (4-10's) provided: -The project must be for a minimum of four (4) consecutive days. -Starting time may be within one (1) hour either side of 8:00a.m. -Work week must begin on either a Monday or Tuesday: If a holiday falls within that week it shall be a consecutive work day. (Alternate: If a holiday falls in the middle of a week, then the regular eight (8) hour schedule may be implemented). -Any time worked in excess of any ten (10) hour work day (in a 4~10 hour work week) shall be at the appropriate overtime rate. All work outside of the regular working hours as provided, Monday through Saturday, shall be paid at one & one-half (1 %) times the employee's regular rate of pay. AH work performed from 12:00 a.m. Sunday through 8:00a.m. Monday and recognized holidays shall be paid at double (2) the straight time hourly rate of pay. Should employees work in excess of twelve (12} consecutive hours they shall be paid double time (2X} for all time after twelve (12} hours. Shift work performed between the hours of 4:30 p.m. and 12:30 a.m. (second shift) shall receive eight (8) hours pay at the regular hourly rate of pay plus ten (10'%) percent for seven and onehha!f (7%) hours work. Shift work pertormed between the hours of 12:30 a.m. and 8:00a.m. {third shift) shall receive eight (8) hours pay at the regular hourly rate of pay plus fifteen {15%) percent for seven {7) hours work. A lunch period of thirty (30) minutes shall be allowed on each shift. All overtime work required after the completion of a regular shift shall be paid at one and one~h-alf (1 Yo:) times the shift hourly rate. 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 holidays shall be at the rate of time and one-half (1 12}. Overtime worked on Sundays and holidays shall be at double (2) time. NO. 40: Means the regular working week shall consist of five {5) consecutive (8) hour days' tabor on the job beginning with Monday and ending with Friday of each week. Four (4) 10~hour days may constitute the regular work week. The regular working day shall consist of eight (8) hours labor on the job beginning as early as 6:00a.m. and ending as late as 5:30 p.m. All full or part time labor performed during such hours shall be recognized as regular working hours and paid for at the regular hourly rate. All hours worked on Saturday and all hours worked in excess of eight (8) hours but not more than twelve (12) hours during the regular working week shan be paid for at time and one-half {1Y..) the regular hourly rate. All hours worked on Sundays and holidays and all hours worked in excess of twelve (12) hours during the regular working day shall be paid at two (2) times the regular hourly rate. In the event of rain, snow, cold or excessively windy weather on a regular working day, Saturday may be designated as a "make~up" day. Saturday may also be designated as a "make-up" day, for an employee who has missed a day of work for personal or other reasons. Pay for "make-up" days shall be at regular rates. AW OT.doc ANNUAL WAGE ORDER NO. 24 Page 2 of5

84 COLE COUNTY BUILDING CONSTRUCTION OVERTIME SCHEDULE NO. 42: Means eight (8) hours between the hours of 8:00a.m. and 4:30p.m. shall constitute a work day. The starting time may be advanced one (1) or two (2) hours. Employees shall have a lunch period of thirty (30) minutes. The Employer may provide a lunch period of one (1) hour, and in that event, the workday shall commence at 8:00 a.m. and end at 5:00p.m. The workweek shall commence at 8:00a.m. on Monday and shall end at 4:30p.m. on Friday (or 5:00 p.m. on Friday if the Employer grants a lunch period of one (1) hour), or as adjusted by starting time change as stated above. All work performed before 8:00 a.m. and after 4:30 p.m. (or 5:00 p.m. where one (1) hour lunch is granted for lunch) or as adjusted by starting time change as stated above or on Saturday, except as herein provided, shall be compensated at one and one-half (1 Y2) times the regular hourly rate of pay for the work performed. All work performed on Sunday and on recognized holidays shall be compensated at double (2) the regular hourly rate of pay for the work performed. When working a five 8-hour day schedule and 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. The Employer shall have the option of working five eight (8) hour days or four ten (10) hour days Monday through Friday. If 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) hours per week shall be paid at time and one-half (1Y2) the hourly 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 or forty (40) hours per week shall be paid at time and one-half (1X:) the hourly rate Monday through Friday. If an Employer is working ten (10) hour days and loses a day due to inclement weather, they may work ten (10) hours Friday at straight time. All hours worked over the forty (40) hours Monday through Friday will be paid at time and one-half (1 1'2) overtime rate. Overtime shall be computed at half-hour intervals. Shift Work: Two (2) or three (3) shifts shall be permitted, provided such shifts are scheduled for a minimum of three {3) consecutive days. The second shift shall begin at 4:30p.m. and end at 12:30 a.m. with one-half (1/2) hour for lunch between 7:30 p.m. and 9:00 p.m. and shall received eighty (8) hours' pay. The third shift shall begin at 12:30 a.m. and end at 8:00a.m. with one-half (1/2) hour for lunch between 3:30a.m. and 5:00a.m. and shall received (8) hour's; pay. There shall be at least one (1) foreman on each shift on jobs where more than one shift is employed, provided that there are two {2) or more employees on second and on the third shifts. AI! shifts shall arrange to interchange working hours at the end of each week. When three shifts are used, the applicable rate must be paid from Saturday at 8:00 a.m. until the following Monday at 8:00 a.m. When three shifts are employed, the second and third shifts shall contain at least one-half {1/2) as many employees as the first shift. NO. 43: Eight (8) hours shall constitute a work day between the hours of 7:00 a.m. and 4:30p.m. Forty (40) hours within five (5) days, Monday through Friday inclusive, shall constitute the work week. Work performed in the 9th and 10th hour, Monday through Friday, shall be paid at time and one-half {11'2) the regular straight time rate of pay. Contractor has the option to pay two (2) hours per day at the time and one-half {1 %) the regular straight time rate of pay between the hours of 6:00 a.m. and 5:30 p.m., Monday through Friday. Work pertormed outside the regularly scheduled working hours and on Saturdays, Sundays and recognized legal holidays, or days celebrated as such, shall be paid for at the rate of double {2) time. NO. 55: Means the regular work day shall be eight (8) hours between 6:00a.m. and 4:30 p.m. The first two (2) hours of work pertormed in excess of the eight (8) hour work day, Monday through Friday, and the first ten {10) hours of work on Saturday, shall be paid at one & one-half (1%) times the straight time rate. All work performed on Sunday, observed holidays and in excess of ten (10) hours a day, Monday through Saturday, shall be paid at double (2) the straight time rate. NO. 59: Means that except as herein provided, eight (8) hours a day shall constitute a standard work day, and forty (40) hours per week shall constitute a week's work. All time worked outside of the standard eight {8) hour work day and on Saturday shall be classified as overtime and paid the rate of tlme and one-half {11'2). All time worked on Sunday and holidays shall be classified as overtime and paid at the rate of double (2) time. The Employer has the option of working either five (5) eight hour days or four {4) ten hour days to constitute a normal forty (40) hour work week. When the four (4) ten-hour work week is in effect, the standard work day shall be consecutive ten {10) hour periods between the hours of 6:30 a.m. and 6:30 p.m. Forty {40) hours per week shall constitute a week's work, Monday through Thursday, inclusive. In the event the job is down for any reason beyond the Employer's control, then Friday and/or Saturday may, at the option of the Employer, be worked as a make-up day; straight time not to exceed ten (10) hours or forty (40) hours per week. When the five day eight (8) hour work week is in effect, forty (40) hours per week shall constitute a week's work, Monday through Friday, inclusive. In the event the job is down for any reason beyond the Employer's control, then Saturday may, at the option of the Employer, be worked as a make-up day; straight time not to exceed eight (8) hours or forty (40) hours per week. The regular starting time (and resulting quitting time) may be moved to 6:00a.m. or delayed to 9:00a.m. Make-up days shall not be utilized for days lost due to holidays. AW OT.doc ANNUAL WAGE ORDER NO. 24 Page 3 of 5

85 COLE COUNTY BUILDING CONSTRUCTION- OVERTIME SCHEDULE NO. 60: Means the Employer 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 work week, hours worked more than eight (8) per day or forty (40) per week shall be paid at time and one-half {1:4) the hourly wage rate plus fringe benefits Monday through Friday. SATURDAY MAKE-UP DAY: 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 makeup day at the straight time rate. It is agreed by the parties that the make-up day is not to be used to make up time lost due to recognized holidays. If an Employer elects to work four 10 hour days, between the hours of 6:30a.m. and 6:30 p.m. in any week, work performed more than ten (10) hours per day or forty {40) hours per week shall be paid attime and one half (1:4) the hourly wage rate plus fringe benefits Monday through Friday. If an Employer is working 10-hour days and loses a day due to inclement weather, the Employer may work ten (10) hours on Friday at straight time. All hours worked over the forty (40} hours Monday through Friday will be paid at time and one-half (1%) the hourly wage rate plus fringe benefits. All Millwright work performed in excess of the regular work day and on Saturday shah be compensated for at time and one-half {1%} the regular Millwright hourly wage rate plus fringe benefits. The regular work day starting at 8:00a.m. (and resulting quitting time of 4:30p.m.) may be moved forward to 6:00a.m. or delayed one (1) hour to 9:00 a.m. All work accomplished on Sundays and recognized holidays, or days observed as recognized holidays, shall be compensated for at double (2) the regular hourly rate of wages plus fringe benefits. NOTE: All overtime is computed on the hourly wage rate plus an amount equal to the fringe benefits. NO. 86: The regular workday shall consist of eight (8) consecutive hours, exclusive of a thirty (30) minute lunch period, with pay at the straight time rate with all hours in excess of eight (8) hours in any one day to be paid at the applicable overtime rate at time and one-half (1 'h). The regular workday shall begin between the hours of 6:00 a.m. and 8:00 a.m. The Employer may have the option to schedule the 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 paid at the applicable overtime rate at time and one-half (1%). If the Employer elects to work from Monday through Thursday and is stopped due to inclement weather, holiday or other conditions beyond the control of the Employer, they shall have the option to work Friday at the straight time rate of pay to complete the forty {40) hours for the workweek. All overtime work performed on Monday through Saturday shall be paid at time and one-half (1Yz) the hourly rate. Fringe benefits shall be paid at the one and one half the hourly rate. All work performed on Sundays and recognized holidays shall be paid at double (2) the hourly rate. Fringe benefits shall be paid at double the hourly rate. Shifts may be established when considered necessary by the Employer. Shift hours and rates will be as follows. If shifts are established, work on the First Shift will begin between 6:00 a.m. and 9:00 a.m. and consist of eight {8) hours of work plus one-half hour unpaid lunch. Hours worked during the first shift will be paid at the straight time rate of pay. The second shift shall start eight hours after the start of the first shift and consist of eight (8) hours of work plus one-half hour unpaid lunch. Work on the second shift will begin between 2:00 p.m. and 5:00 p.m. and be paid the straight time rate plus $2.50 per hour. The third shift shall start eight hours after the start of the second shift and consist of eight (8) hours plus one-half hour unpaid lunch. Work on the third shift will begin between 10;00 p.m. and 1:00 a.m. and be paid the straight time rate plus $3.50 per hour. The additional amounts that are to be paid are only applicable when working shifts. Shifts that begin on Saturday morning through those shifts which end on Sunday morning will be paid at time and one-half these rates. Shifts that begin on Sunday morning through those shifts which end on Monday morning will be paid at double time these rates. NO. 91: Means eight (8) hours shall constitute a day's work commencing at 7:00 a.m. and ending at 3:30 p.m., allowing one-half (Y.) hour for lunch. The option exists for the Employer to use a flexible starting time between the hours of 6:00 a.m. and 9;00 a.m. The regular workweek shall consist of forty (40} hours of five (5) workdays, Monday through Friday. The workweek 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 time and one-half (1Yz) for work performed on Saturdays, before the regular starting time or after the regular quitting time or over eight (8) hours per work day (unless working a 10-hour work day, then time and one~half (1%.) is paid for work performed over ten (10) hours a day} or over forty (40) hours per work week. Work performed on Sundays and recognized holidays shah 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 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 regular work day shall fa!! into a Saturday or a holiday, such extension into a Saturday or holiday shall be considered as part of the previous workday and employees shall be paid at the regular shift rate. The first day shift shah work a regular eight (8) hour day at regular rates. The second shift shall be eight (8} hours regular time pay plus $2.50 per hour premium for eight (8) hours work. Third shift will be for eight (8) hours regular time pay plus $3.00 per hour premium for eight (8) hours work. AW OT.doc ANNUAL WAGE ORDER NO. 24 Page 4 of5

86 COLE COUNTY BUILDING CONSTRUCTION -OVERTIME SCHEDULE NO. 94: Means eight (8) hours shall constitute a day's work between the hours of 8:00 a.m. and 5:00 p.m. The regular workday starting time of 8:00 a.m. (and resulting quitting time of 4:30 p.m.) may be moved fornard to 6:00 a.m. or delayed one (1} hour to 9:00 a.m. A!l work performed in excess of the regular work day and on Saturday shall be compensated at one and one~half {1'X) times the regular pay. In the event time is lost during the work week due to weather conditions, the Employer may schedule work on the following Saturday at straight time. All work accomplished on Sunday and holidays shall be compensated at double the regular rate of wages. NO. 101: Means that except as provided below, eight (8) hours a day shall constitute a standard work day, and forty (40) hours per week shall constitute a week's work, which shall begin on Monday and end on Friday. All time worked outside of the standard work day and on Saturday shall be classified as overtime and paid the rate of time and one*half (1;-s) (except as herein provided). All time worked on Sunday and recognized holidays shall be classified as overtime and paid at the rate of double {2) time. The regular starting time of 8:00 a.m. {and resulting quitting time of 4:30 p.m.) may be moved forward to 6:00a.m. or delayed one (1) hour to 9:00a.m. The Employer has the option of working either five (5) eight-hour days or four {4) ten-hour days to constitute a normal forty {40) hour work week. When a four {4) ten-hour day work week is in effect, the standard work day shall be consecutive ten (10) hour periods between the hours of 6:30a.m. and 6:30p.m. Forty (40} hours per week shall constitute a week's work Monday through Thursday, inclusive. In the event the job is down for any reason beyond the Employer's control, then Friday and/or Saturday may, at the option of the Employer, be worked as a make-up day; straight time not to exceed ten (10) hours per day or forty (40) hours per week. Starting time will be designated by the employer. When the five (5) day eight (8) hour work week is in effect, forty (40) hours per week shall constitute a week's work, Monday through Friday, inclusive. In the event the job is down for any reason beyond the Employer's control, then Saturday may, at the option of the Employer, be worked as a make-up day; straight time not to exceed eight (8) hours per day or forty (40) hours per week. Make-up days shall not be utilized for days lost due to holidays. NO. 122: Means the regular workday shall be (8) hours. The regular work week shall be forty {40) hours, beginning 6:00 a.m. on Monday and ending 6:00 p.m. on Friday. Saturday will be time and one-half (1 %.). Sunday and Holidays shall be double (2) time. Saturday can be a make-up day if weather has forced a day off. NO. 124: Means eight (8} hours shall constitute a day's work on all classes of work between the hours of 6:00a.m. and 5:30 p.m., Monday through Friday. The pay for time worked during these hours shall be at the regular wage rate. The regular workweek shall be Monday through Friday. Employment from 4:30 p.m. to 12:00 midnight, Monday through Friday, shall be paid for at one and one-half {1%.} times the regular hourly rate. From 12:00 midnight until 8:00a.m. on any day shall be paid for at twice the regular hourly rate. All time worked on Sundays and the recognized holidays shall be paid at the rate of double (2) time. It is understood that forty {40) hours shall constitute a regular workweek, (5-8's) Sunday Midnight through Friday Midnight, understanding anything over eight (8) hours is one and one-half (1%) times the hourly wage rate. 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 regular starting period for the third shift shall be 12:30 a.m. These times may be adjusted by tile employer. The day shift shall work a regular eight (8} hours shift as outlined above. Employees working a second shift shall receive an additional $0.25 above the regular hourly rate and perform seven and one-half {7%) hours work for eight (8) hours pay. Third shift employees shall be paid an additional $0.50 above the regular hourly rate and work seven (7) hours for eight (8) hours pay. When circumstances warrant, the Employer may change the regular workweek to four (4) ten-hour days at the regular time rate of pay. All time worked before and after the established workday of eight {8) hours, Monday through Friday, and au 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 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 $29.14 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 pa!d. The remaining $1.24 of the fringe benefit portion of the prevailing wage may be paid at straight time. AW OT.doc ANNUAL WAGE ORDER NO. 24 Page 5 of 5

87 COLE COUNTY HOLIDAY SCHEDULE- BUILDING CONSTRUCTION NO.3: All work done on New Year's Day, Decoration Day, July 4th, Labor Day, Veteran's Day, Thanksgiving and Christmas shall be compensated at the double (2) time rate of pay. When any of these holidays fall on a Sunday, the following Monday shall be observed. NO. 4: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas Day shall be paid at the double time rate of pay. If any of the above holidays fall on Sunday, Monday will be observed as the recognized holiday.!f any of the above holidays fa!l on Saturday, Friday will be observed as the recognized holiday and holidays falling on Sunday will be observed on the following Monday. NO. 5: All work that shall be done on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day shall be paid twice the amount of his or her regular hourly wage rate for each hour or fraction thereof worked on any such day. NO. 7: The following 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. lf a holiday falls 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 is applied to protect Labor Day. When a holiday falls during the normal workweek, 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 regular rate of pay for such work. NO. 8: All work performed on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day, or the days observed in lieu of these holidays, shall be paid at the double time rate of pay. NO. 15: All work accomplished on the recognized holldays of New Year's Day, Decoration Day (Memorial Day), Independence Day (Fourth of July), Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day, or days observed as these named holldays, shall be compensated for at double {2) the regular hourly rate of wages plus fringe benefits. If a holiday falls on Saturday, it shall be observed on the preceding Friday. If a holiday falls on a Sunday, it shall be observed on the following Monday. No work shall be performed on Labor Day, Christmas Day, Decoration Day or Independence Day except to preserve life or property. NO. 19: All work done on New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day, and Christmas Day shall be paid at the double time rate of pay. The employee may take off Friday following Thanksgiving 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 all 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 work performed on either day shall be at the double {2) time rate. NO. 23: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Christmas Day and Sundays shall be recognized holidays and shall be paid at the double time rate of pay. When a holiday falls on Sunday, the following Monday shall be considered a holiday. When a holiday falls on Saturday, Friday is recognized as a holiday. NO. 44: All work done on New Year's Day, Decoration Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day shall be paid at the double time rate of pay. If a holiday falls on a Sunday, it shall be observed on the Monday following. If a holiday falls on a Saturday, it shall be observed on the proceeding Friday. No work shall be performed on these days except in emergency to protect life or property. All work performed on these holidays shall be compensated at double the regular hourly rate for the work performed. Overtime shall be computed at half-hour intervals. NO. 45: AU work performed 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 double time rate of pay. AW BHol.doc ANNUAL WAGE ORDER ND. 24 Page 1 of 2 Pages

88 COLE COUNTY HOLIDAY SCHEDULE- BUILDING CONSTRUCTION NO. 54: All work performed on New Year's Day, Memorial 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 falls on Saturday, it shall be observed on Friday. When a holiday falls on Sunday, it shall be observed on Monday. NO. 55: The following days are recognized as holidays: 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 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, 60: AU work performed on New Year's Day, Armistice Day (Veteran's Day), Decoration Day (Memorial Day), Independence Day (Fourth of July), Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. No work shall be performed on Labor Day except when triple (3) time is paid. When a holiday falls on Saturday, Friday will be observed as the holiday. When a holiday falls on Sunday, the following Monday shall be observed as the holiday. 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 hourly rate plus an amount equal to the hourly Total Indicated Fringe Benefits. Whenever any such holidays fall on a Sunday, the following Monday shall be observed as a holiday. NO. 69: All work pertormed on New Year's Day, Memorial Day, July Fourth, Labor Day, Veteran's Day, Thanksgiving Day or Christmas Day shall be compensated at double {2) their straighhime hourly rate of pay. Friday after Thanksgiving and the day before Christmas are also holidays, however, if the employer chooses to work the normal work hours on these days, the employee will be paid at straight Mtime rate of pay. If a holiday falls on a Saturday, the holiday will be observed on Saturday; if a holiday falls on a Sunday, the holiday will be observed on the following Monday. NO. 74: All work pertormed on New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day, shall be paid at double {2) time of the hourly rate of pay. In the event one of the above holiday's falls on Saturday, the holiday shall be celebrated on Saturday. If the holiday falls on Sunday, the holiday will be celebrated on Monday. NO. 76: The following days are recognized as holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas. No work of any pretense shall be performed on Charismas Day or Independence Day. Any work performed on the other holidays shah be paid for at least two (2) times the regular rate of pay. If a holiday falls on a Sunday, the following Monday will be observed. If a holiday falls on a Saturday, the preceding Friday will be observed. AW BHol.doc ANNUAL WAGE ORDER NO. 24 Page 2 of 2 Pages

89 Heavy Construction Rates for COLE County REPLACEMENT PAGE Section 026 OCCUPATIONAL TITLE Car enter Electrician {Outside-Line Construction\Lineman) Lineman Operator Lineman~ Tree Trimmer Groundman Groundman ~Tree Trimmer Laborer General Laborer Skilled Laborer Millwright Operating Engineer Group I Group I! Grouo HI Group IV Oiler-Driver Pile Driver Traffic Control Service Driver Truck Driver-Teamster Group I Group II Group Ill Group IV oasic * Date of Hourly Increase Rates 6/17 $31.02 $43.50 $37.48 $24.53 $28.86 $ /17 $ /17 $ /17 $ /17 $ /17 $ /17 $ /17 $ /17 $ /17 $31.02 $ /17 $ /17 $ /17 $ /17 $30.14 uver~ Time Holiday Schedule Schedule Total Fringe Benefits $16.85 $ % $ % $ % $ /o $7.19+3% $13.52 $13.52 $16.85 $25.89 $25.89 $25.89 $25.89 $25.89 $16.85 $9.045 $12.85 $12.85 $12.85 $12.85 Use Heavy Construction Rates on Highway and Heavy construction in accordance with the classifications of construction work established in 8 CSR {3}. Use Building Construction Rates on Building construction in accordance with the classifications of construction work established in 8 CSR (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 rate for that occupational title as shown on the Building Construction Rate sheet. *Annual Incremental Increase ANNUAL WAGE ORDER NO. 24 6/17

90 REPLACEMENT PAGE COLE COUNTY OVERTIME SCHEDULE HEAVY CONSTRUCTION FED: Minimum requirement per Fair Labor Standards Act means time and one~half (1 Y2) shall be paid for all work in excess of forty {40} hours per work week. NO. 2: Means a regular workweek shall be forty (40) hours and will start on Monday and end on Friday. The Employer 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 hourly rate Monday through Friday. If an Employer elects to work four 10-hour days in a week, work performed more than ten (1 0) hours per day or 40 hours per week shall be paid at time and one-half the hourly rate Monday through Friday. When working a five 8-hour day schedule and an Employer 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. If an Employer is working a four 10-hour day schedule and loses a day due to inclement weather, he may work 10 hours Friday at straight time. All hours worked over the 40 hours Monday through Friday will be paid at 1 Yz overtime rate. A workday shift is to begin at the option of the Employer, between 6:00 a.m. and not later than 9:00a.m. However, the project starting time may be advanced or delayed if required.!f workmen are required to work the enumerated holidays or days observed as such or Sundays, they shall receive double (2) the regular rate of pay for such work. Overtime shall be computed at one-half (1/2) hour intervals. Shift: The Contractor may elect to work one, two or three 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 such 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 shifts are worked the first day or day shift will consist of eight (8) hours exclusive of lunchtime. The second or swing shift shall consist of seven and one-half (7 1/2) hours work for eight hours pay, exclusive of lunchtime, and the third or the graveyard shift shall consist of seven (7) hours work for eight (8) hours pay, exclusive of the lunchtime. All time in excess of normal shifts shall be considered overtime. Multiple shift (the two or three shift) operation will not be construed on the entire project if at anytime it is deemed advisable and necessary for the Employer to multiple shift a specific operation. However, no shift shall be started between midnight and six a.m. except the graveyard shift on a three-shift operation, or except in an unusual or emergency situation. If an Employer starts a shift between midnight and 6 a.m. except the graveyard shift on a three-shift operation, he shall reimburse all employees for the entire shift at the double time rate. Completion of the second shift on a two-shift operation or completion of the graveyard shift on a three-shift operation that carries over into Saturday morning, shall be at the straight time rate. Overtime shall be computed at Y2 hour intervals. NO.9: Eight (8) hours shall constitute a work day between the hours of 7:00a.m. and 4:30p.m. Forty (40) hours within five (5) days, Monday through Friday inclusive, shall constitute the work week. Work performed in the 9th and 1Oth hour, Monday through Friday, shall be paid at time and one-half (1;.,2) the regular straight time rate of pay. Contractor has the option to pay two (2) hours per day at the time and one-half (1;.,2) the regular straight time rate of pay between the hours of 6:00 a.m. and 5:30 p.m., Monday through Friday. Worked performed in the first eight (8} hours on Saturday shall be paid at the rate of one and eight tenths (1.8) the regular straight time rate. Work performed outside these hours and on Sundays and recognized legal holidays, or days celebrated as such, shall be paid for at the rate of double (2) time. NO. 21: Means the regular workday for which employees shall be compensated at straight time hourly rate of pay shall, unless otherwise provided for, begin at 8:00 a.m. and end at 4:30 p.m. However, the project starting time may be advanced or delayed at the discretion of the Employer. At the discretion of the Employer, when working a five (5) day eight {8} hour schedule, Saturday may be used for a make-up day.!f an Employer is prohibited from working on a holiday, that employer may work the following Saturday at the straight time rate. However, the Employer may have the option to schedule 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 shall 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 following Friday or Saturday at the straight time rate. Overtime will be at one and one ha!f (1 ;.,2) times the regular rate. If workmen are required to work the enumerated holidays or days observed as such, or Sundays, they shah receive double (2) the regular rate of pay for such work. AW HOT in1 ANNUAL WAGE ORDER NO. 24 Page 1 of 2 Pages

91 REPLACEMENT PAGE COLE COUNTY OVERTIME SCHEDULE- HEAVY CONSTRUCTION NO. 23: Means the regular workweek shall start on Monday and end on Friday, except where the Employer elects to work Monday through Thursday, (10) hours per day. All 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 %:) times the regular hourly rate. The regular 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 tlme (if working 5-8's). An Employer, who is working a four (4) ten {10) 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 begin at the option of the Employer but not later than 11:00 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 {1:1:!) times the regular rate. Work performed on Sunday shall be paid at two (2) times the regular rate. Work performed on recognized holidays or days observed as such, shall also be paid at the double (2) time rate of pay. For all overtime hours worked during the week or on Saturday $16.25 of the fringe benefits portion of the prevailing wage shall be paid at time and one~half (1Yz). For au overtime hours worked on Sundays or recognized holidays $16.25 of the fringe benefits portion of the prevailing wage shall be paid double time. The remaining $.60 of the fringe benefit portion of the prevailing wage shall be paid at straight time. NO. 25: Means a regular work week of forty (40) hours, starting on Monday and ending 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 inclement weather, Saturday or any part thereof maybe 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 Saturday at the straight time rate. A work day is to begin between 6:00a.m. and 9:00 a.m. However, the project starting time maybe advanced or delayed if mutually agreed to by the interest parties. All hours worked on recognized holidays, or days observed as such, double {2} time shall be paid. NO. 28: 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 (1 0} hours.!fa 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. 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 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 interest parties. For all time worked on recognized holidays, or days observed as such, double (2) time shall be paid. NO. 32: Means the overtime rate shall be time and one~half the regular rate for work over forty (40) hours per week. Sundays and Holidays shah be paid at double the straight time rate. AW HOT in1 ANNUAL WAGE ORDER NO. 24 Page 2 of 2 Pages

92 COLE 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 Holiday falls on a Sunday, Monday shall be observed. No work shall 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 falls on a Sunday, it shall be observed on the following Monday. If a holiday falls 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 falls during the norma! work week, Monday through Friday, it shall be counted as eight (8) hours toward a forty (40) hour week; however, no reimbursement for this eight (8) hours is to be paid the workman unless worked. If 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 shall apply to the four 10's Monday through Friday work week. The ten (10) hours shall be applied to the forty (40) hour work week. NO. 12: All work performed on New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day, Christmas Day, or days celebrated as such, shall be paid at the double time rate of pay. When one of the foregoing holidays falls on Sunday, it shall be celebrated on the following Monday. When one of the foregoing holidays falls on Saturday, it shall be celebrated on the Friday before the holiday. 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 falls on Sunday, it shall be observed on the following Monday. If a holiday falls on Saturday, it shah 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 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. 21: The following days are recognized as holidays: 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 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 workman 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. lf workmen are required to work the above enumerated holldays, or days observed as such, they shall receive double (2) the regular rate of pay for such work. NO. 27: The following days are recognized as holidays: 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 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 shah receive double (2) the regular rate of pay for such work. NO. 31: A!l work performed on New Year's Day, Presidents' Day, Veterans' Day, Good Friday, Decoration Day, Fourth of July, Labor Day, Christmas Eve Day, Christmas Day, Thanksgiving Day and Day after Thanksgiving or days celebrated for the same. AW HHol.doc ANNUAL WAGE ORDER NO. 24 Page 1 of 1