ELDON R-1 SCHOOL DISTRICT. HIGH SCHOOL GYMNASIUM HVAC UPGRADE PROJECT 101 South Pine Eldon, Missouri Project No Tennill & Associates

Transcription

1 Project Manual and Specifications ELDON R-1 SCHOOL DISTRICT HIGH SCHOOL GYMNASIUM HVAC UPGRADE PROJECT 101 South Pine Eldon, Missouri Project No February 26, 2015 Tennill & Associates 177 Chesterfield Industrial Blvd. Chesterfield, Missouri Phone: (636) Fax: (636)

2 PROJECT MANUAL & SPECIFICATIONS ELDON R-1 SCHOOL DISTRICT HIGH SCHOOL GYMNASIUM HVAC UPGRADE PROJECT 101 South Pine, Eldon, Missouri Project No DIVISION 00 PROCUREMENT AND CONTRACTING REQUIREMENTS Table of Contents 1 Page Schedule of Drawings 1 Page Notice to Contractors 1 Page Supplemental Instructions to Bidders 2 Pages Proposal Form 4 Pages Supplementary General Conditions 7 Pages Annual Wage Order No Pages DIVISION 01 GENERAL REQUIREMENTS Summary 4 Pages Substitution Procedures 3 Pages Substitution Request Form 2 Pages Contract Modification Procedures 3 Pages Payment Procedures 5 Pages Project Management and Coordination 7 Pages Construction Progress Documentation 5 Pages Submittal Procedures 10 Pages Quality Requirements 8 Pages Temporary Facilities and Controls 8 Pages Product Requirements 5 Pages Execution 6 Pages Closeout Procedures 5 Pages Operation and Maintenance Data 7 Pages Project Record Documents 3 Pages Demonstration and Training 4 Pages DIVISION 23 HEATING, VENTILATING, AND AIR CONDITIONING Mechanical and Electrical General Conditions 12 Pages Basic Mechanical Materials and Methods 4 Pages Mechanical General 2 Pages Start Up, Cleaning and Testing 4 Pages Balancing 3 Pages Mechanical Equipment General 1 Page Temperature Controls 11 Pages Natural Gas Piping 5 Pages Installation of Piping 6 Pages Air Distribution 27 Pages Air Purification System 7 Pages Rooftop Units 5 Pages DIVISION 26 ELECTRICAL General Provisions 5 Pages Conductors 4 Pages Grounding System 3 Pages Raceways and Fittings 7 Pages Switchboards 3 Pages Panelboards and Safety Switches 5 Pages Lighting Fixtures 3 Pages TABLE OF CONTENTS

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4 SECTION SCHEDULE OF DRAWINGS GENERAL G101 - COVER SHEET MECHANICAL M101 - MAIN LEVEL FLOOR PLAN- MECHANICAL DEMOLITIONO AND RENOVATION M102 - UPPER LEVEL - MECHANICAL DEMOLITION AND RENOVATION PLAN M201 - MECHANICAL SECTIONS AND SYMBOLS M202 - MECHANICAL DETAILS M203 - MECHANICAL DETAILS AND SCHEDULES ELECTRICAL E101 - MAIN LEVEL FLOOR PLAN - POWER RENOVATION E102 - UPPER LEVEL FLOOR PLAN - POWER RENOVATION E201 - NEW AND EXISTING ONE-LINE RISER DIAGRAM SCHEDULE OF DRAWINGS

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6 NOTICE TO CONTRACTORS Project: ELDON R-1 SCHOOL DISTRICT HIGH SCHOOL GYMNASIUM HVAC UPGRADE PROJECT 101 South Pine, Eldon, MO Sealed bids for construction of the HIGH SCHOOL GYMNASIUM HVAC UPGRADE PROJECT for Eldon R-1 School District will be received at the Eldon R-1 School District Central Office at 112 South Pine Street Eldon, MO until 11:30 a.m., Friday, March 13, Sealed bids will be publicly opened and read aloud. A certified or cashiers check or bid bond, executed by the bidder and an approved Surety Company, in the amount of five percent (5%) of the bid shall be submitted with each bid. The Contractor shall not pay less than the current prevailing hourly rate of wages for work of a similar character in the locality in which the work is performed, as determined by the Missouri Department of Labor and Industrial Relations. Payroll records will be required from the Contractor by the School District. Plans and specifications may be obtained from American Document Solutions, Forum Shopping Center, 1400 Forum Boulevard, Suite 1C, Columbia, Missouri 65203, Telephone (573) upon deposit of $ per set, company or cashier s check only, payable to the Eldon R-1 School District. General Contractors will be allowed two sets and subcontractors / suppliers one set, while supplies last. Deposits will be refunded upon return of the documents in good condition within fourteen (14) days following receipt of bids. If a contractor does not intend to submit a Bid for the project, they should immediately return the plans and specifications. Plans and specifications will also be available for viewing at numerous Plan Rooms including Builders Association, Smart Plan Room, American Document Solutions, and the Architect s office for viewing and checking out overnight; depending upon availability. Plans and specifications will also be viewable online at Technical questions regarding the Contract Documents can be ed to dtennill@tennill.net or faxed to Tennill & Associates, Inc. at (636) A Pre-Bid Conference for Contractors planning to bid the Project will be held at 2:00 p.m., Wednesday, March 4, The Pre-Bid Conference will convene at the Eldon High School Gymnasium Building. A site visit will be conducted following the conference. All General, Mechanical and Electrical Contractors planning to submit a bid as a prime contractor are not required to attend the Pre-Bid Meeting. The Owner reserves the right to reject any and all bids and to waive all informalities in bids. No bid may be withdrawn for a period of sixty (60) days subsequent to the specified time for receipt of bids. Likewise, the Owner reserves the right to select the lowest and best bid which is in the best interest of the Owner. NOTICE TO CONTRACTORS

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8 ELDON R-1 SCHOOL DISTRICT HIGH SCHOOL GYMNASIUM HVAC UPGRADE PROJECT 101 South Pine, Eldon, Missouri Project No INSTRUCTIONS TO BIDDERS AIA Document A Edition, Instructions to Bidders, comprise the bidding requirements for this contract the same as if bound herein. AIA Document A is available from the Engineer at the cost of $8.00 per document. SUPPLEMENTARY INSTRUCTIONS TO BIDDERS Modify Instructions to Bidders, AIA Document A Edition as follows: Article 1 - Definitions: Add the following subparagraph 1.1.1: Contract Documents: The Contract Documents also include the Proposal Form which is filled out, signed, and submitted by the Bidder. Article 2 Bidders Representations: Add the following subparagraphs and 2.1.6: Prevailing Wage Rates: The Contractor shall pay not less than the prevailing hourly rate of wages for work similar character in the locality in which the work is performed, as determined by the Department of Labor and Industrial Relations, Division of Labor Standards, State of Missouri, as set out in the Project Manual Sales Tax Exemption: Eldon R-1 School District is exempt from taxation pursuant to Missouri statutes. Purchase of materials and equipment for Work of this contract is exempt from Missouri Sales and Use Tax. Contractors, subcontractors, and suppliers shall comply with all provisions of Missouri law including properly documenting and maintaining records of applicable sales. Article 4 - Bidding Procedures: Change subparagraph as follows: Bid Forms: This Project Manual includes a complete set of bidding forms. These are for the convenience only of Bidders and subbidders and are not to be detached from the Project Manual, filled out or executed. A set of blank forms will be furnished to Bidders. One (1) fully executed and signed set shall be submitted in a sealed envelope plainly marked identifying the project and the Bidder. Add subparagraph , Bid Security: Bid security: A Bid Bond (AIA Document A310, Bid Bond) payable to the Owner executed by the Bidder and an approved surety company, in the amount of five percent (5%) of the Bid shall be submitted with each bid. SUPPLEMENTARY INSTRUCTIONS TO BIDDERS

9 Article 7 - Performance Bond and Payment Bond: Add the following subparagraphs and : The Bidder shall furnish a performance bond and labor and material payment bond with the Owner named Obligee, in an amount at least equal to 100% of the contract price as security for the payment of all persons performing labor on the project and furnishing materials in connection therewith under his contract as set forth in the standard of performance and payment bonds. The Surety on each bond shall be a duly authorized surety company satisfactory to the Owner The bonds required herein shall be written on AIA Document A312, Performance Bond and Payment Bond. Bidder shall furnish at no cost to Owner, if requested, a properly certified copy of the current Certificate of Authority to transact business in the State of Missouri for the surety Company executing the required performance bond, such certificate to remain on file with the Owner. END OF SUPPLEMENTARY INSTRUCTIONS TO BIDDERS SUPPLEMENTARY INSTRUCTIONS TO BIDDERS

10 PROPOSAL FORM BID TIME: 11:30 PM BID DATE: March 13, 2015 FROM: hereinafter called the Bidder TO: ELDON R-1 SCHOOL DISTRICT 112 South Pine Street Eldon, Missouri hereinafter called the Owner FOR: HIGH SCHOOL GYMNASIUM HVAC UPGRADE PROJECT 101 South Pine Street Eldon, Missouri hereinafter called the "Work" 1. The undersigned, having examined and being familiar with the local conditions affecting the Work and with the contract documents including the drawings, the Notice to Contractors, Instruction to Bidders, Statement of Bidders Qualifications, General and Supplementary Conditions, General Requirements and the body of technical specifications, including addenda number through inclusive, as issued by The Architects Alliance, Inc., Jefferson City, Missouri, hereby propose to furnish all labor, materials, equipment, services, etc., required for the performance and completion of the aforementioned Work as follows: FOR BASE BID: The sum of Dollars ($ ). (NOTE: This project is exempt from Missouri State Sales Tax.) 2. ALTERNATES: None PROPOSAL FORM

11 VOLUNTARY ALTERNATE(S) VOLUNTARY ALTERNATE (1) Deduct from the Contract, the sum of Dollars ($ ). VOLUNTARY ALTERNATE (2) Deduct from the Contract, the sum of Dollars ($ ). VOLUNTARY ALTERNATE (3) Deduct from the Contract the sum of Dollars ($ ). 3. UNIT PRICES: None 4. LIST OF SUBCONTRACTORS AND SUPPLIERS: Deliver listing of subcontractors and suppliers to the Owner no later than thirty (30) minutes after Bids are received. Listing shall be faxed to the Owner at (573) Name and Address Work to be Performed Site Work Subcontractor Cast-in-place Concrete Installer Metal Wall Panel Supplier / Installer Mechanical Subcontractor Mechanical Manufacturer Electrical Subcontractor The Bidder hereby certifies that the above listed contractors, suppliers and equipment will be used in the performance of the Work. Dated this, of, 20. (day and date) (month) (year) 6. THE BIDDER HEREBY CERTIFIES: That this Proposal is genuine and is not made in the interest of or behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association or corporation; That he has not directly or indirectly induced or solicited any other bidder to put in a false or sham proposal; That he has not solicited or induced any person, firm or corporation to refrain from bidding; and, That he has not sought by collusion or otherwise to obtain for himself any advantage over any other bidder or over the Owner. That he not discriminate against any employee or applicant for employment because of race, creed, PROPOSAL FORM

12 color or national origin in connection with the performance of work. Dated this day of, 20 Each bidder must complete the Proposal Form by signing in the proper signature line below and by supplying the required information called for in connection with the signature. The information called for is necessary in the proper preparation of the Contract and Performance Bond. IF AN INDIVIDUAL Name of Individual Telephone Number Firm name (if any) Address for Communications Signature IF A PARTNERSHIP Name of Partnership (State Names and Residence Address of all Partners) Partner Partner Residence Address Address for Communication Telephone Number Residence Address Federal Tax I.D. Number Signature of Either Partner IF A CORPORATION Name of Corporation Incorporated under the laws of the State of: Corporate license No. PROPOSAL FORM

13 Name and Title of Officer Signature of Officer (If a corporation organized in a state other than Missouri, attach Certificate of Authority to do business in the State of Missouri) Address for Communication Telephone Number Federal Tax I.D. Number (Attest) (Seal) Secretary PROPOSAL FORM

14 ELDON R-1 SCHOOL DISTRICT HIGH SCHOOL GYMNASIUM HVAC UPGRADE PROJECT 101 South Pine, Eldon, Missouri Project No GENERAL CONDITIONS AIA Document A Edition, General Conditions of the Contract for Construction, comprise the general conditions of this contract the same as if bound herein. AIA Document A is available from the Architect at the cost of $10.00 per document. SUPPLEMENTARY GENERAL CONDITIONS The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", AIA Document A201, 2007 Edition. Where any Article of the General Conditions is modified or any Paragraph, Subparagraph or Clause thereof is modified deleted by these Supplementary Conditions, the unaltered provision of that Article, Paragraph, Subparagraph or Clause shall remain in effect. ARTICLE 1 GENERAL PROVISIONS THE CONTRACT DOCUMENTS: Modify the last sentence in paragraph to read: The Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, or portions of Addenda relating to bidding requirements. The Contract Documents do include the executed proposal form signed and submitted by the Bidder. 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS: Add the following clause: ARTICLE 2 OWNER No compensation will be allowed by reason of any difficulties which the Contractor could have discovered or reasonably anticipated, prior to submittal of his proposal. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER: Delete paragraph entirely. Replace entirely and replace with the following: The Contractor will be furnished free of charge twenty (20) sets of Drawings and Project Manuals for the project. Additional sets will be furnished as quantity allows from previously printed documents or obtained at the cost (to the Contractor) of reproduction, postage and handling. ARTICLE 3 CONTRACTOR 3.4 LABOR & MATERIALS: Add the following paragraphs: The Contractor shall pay not less than the current prevailing hourly rate of wages (Annual Wage Order No. 21) for work of a similar character in Miller County, as determined by the Department of Labor and Industrial Relations, Division of Labor Standards, State of Missouri, per current requirements issued by the Department/Division/State. (State Law Section ). SUPPLEMENTARY GENERAL CONDITIONS

15 3.4.5 The Contractor will forfeit a penalty to the contracting public body if a worker is paid less than the prevailing rate for any work done under the contract by the contractor or by any subcontractor under them A legible list of all prevailing wage rates shall be kept posted in a prominent and easily accessible place at the site by each contractor and subcontractor on the project. Notice shall be posted during the full time that any worker is employed on the job Records for wages paid to all workers employed on the contract should be kept within the state by the contractor and each subcontractor, for a period of one year following completion of the public work Before final payment can be made the general contractor and subcontractor must file an Affidavit of Compliance. The affidavit must state the party has fully complied with the Prevailing Wage Law. No final payment can be legally made by the public body to the contractors until this affidavit is filed in proper form and order. 3.6 TAXES: Delete paragraph in its entirety and replace with the following paragraphs: Eldon R-1 School District is exempt from taxation pursuant to Missouri Statutes, All purchases of tangible personal property and materials to be incorporated into or consumed in the construction of this project shall be made by contractors and subcontractors on a tax-exempt basis The Owner will furnish to the Contractor, and the Contractor shall distribute to all subcontractors, an executed and signed copy of a Missouri Project Exemption Certificate for this project, along with a copy of the Owner s MO Tax Exemption Letter Contractors and subcontractors purchasing materials for this project shall present copies of such documents to all suppliers as authorization to purchase, on behalf of the Owner, all tangible personal property and materials to be incorporated into or consumed in the construction of this project Suppliers shall obtain a completed copy of the exemption certificate, along with the MO Tax Exemption Letter, from the contractor or subcontractor making purchases of tangible personal property for use in this project and retain for audit purposes. Invoices issued for such purchases must reflect the name of Eldon R1 School District and the project number for this project to be assigned by the Owner All parties purchasing or supplying materials and equipment for this project shall comply with Missouri Law and maintain required documents for a period of five years. A copy of the Owner s MO Tax Exemption Letter and a Missouri Project Exemption Certificate for this project will be issued to the Contractor awarded the Contract for Construction. ARTICLE 7 CHANGES IN THE WORK 7.1 GENERAL: Add the following paragraphs and subparagraphs 7.1.4, , , , Overhead and Profit on Contract Changes shall be applied as follows: The overhead and profit charge by the Contractor and all subcontractors shall be considered to include, but is not limited to: incidental job burdens, small truck (under 1 ton) expense, mileage, small hand tools, warranty costs, company benefits and general office overhead. Project SUPPLEMENTARY GENERAL CONDITIONS

16 supervision including field supervision and job site office expense shall be considered a part of overhead and profit unless a compensable time extension is granted The percentages for overhead and profit charged on Contract Changes shall be negotiated and may vary according to the nature, extent, and complexity of the work involved. However, the overhead and profit for the Contractor or subcontractor actually performing the work shall not exceed twelve percent (10%). When one or more tiers of subcontractors are used, in no event shall any Contractor or subcontractor receive as overhead and profit more than seven percent (7%) of the cost of the work performed by any of his/her subcontractors. In no case shall the total overhead and profit paid by the Owner on any Contract Changes exceed twenty percent (20%) of the cost of materials, labor and equipment necessary to put the contract change work in place On proposals covering both increases and decreases in the amount of this contract, the application of overhead and profit shall be on the net change in the cost of the work The percentage for overhead and profit to be credited to the Owner on Contract Changes that are solely decreases in the quantity of work or materials shall be negotiated, and may vary according to the nature, extent and complexity of the work involved, but in no case shall be less than ten percent (10%). If the percentage for overhead and profit charged for work added by Contract Changes for this contract has been negotiated to less than ten percent (10%), the negotiated rate shall then apply to credits as well. ARTICLE 8 TIME 8.2. PROGRESS AND COMPLETION: Add the following subparagraph to 8.2.1: Bids shall be received, opened and publicly read aloud on February 24, If bids are acceptable to the Owner, a contract for construction shall be awarded by the next board meeting following approval by the Board of Education. Construction shall begin immediately following board approval, and the Contractor agrees to substantially complete the work on or before August 14, 2015, and further agrees to pay to, or allow the Owner as liquidated damages, and not penalty or forfeiture, the sum of Five Hundred dollars ($250.00) for each calendar day occurring thereafter that the work is not substantially complete. ARTICLE 9 PAYMENTS AND COMPLETION 9.6 PROGRESS PAYMENTS: Add the following subparagraph to 9.6.1: In making progress payments, the Owner shall pay ninety percent (90%) of the earned sum, less the aggregate of previous payments made by the Owner. 9.8 SUBSTANTIAL COMPLETION: Revise paragraph as follows: The Certificate of Substantial Completion for the Work of this Contract shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, the Owner shall make payment of a sum sufficient to increase the total payments to ninety-five percent (95%) of the Contract Sum, with adjustments for work that is incomplete or not in accordance with the requirements of the Contract Documents, retainage applicable to said work and unsettled claims. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS: Add the following paragraph : SUPPLEMENTARY GENERAL CONDITIONS

17 The duty of the Architect or Engineer to conduct periodic construction observation of the Contractor's performance is not intended to include review of the adequacy of the Contractor's safety measures in or near the construction site. The Contractor is solely responsible for the safe installation, maintenance and use of all shoring, scaffolding, barricades, etc. and for supervising the wearing of appropriate safety clothing and other protective devices. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR S LIABILITY INSURANCE: (supplements Article 11 of AIA Document A201, 2007 Edition and General Conditions and Requirements) Insurance: Contractor shall, at its expense, procure and maintain at a minimum for the duration of the Project and through the two-year correction period after Substantial Completion, except as otherwise set forth herein, the types and amounts of insurance described below or as otherwise required by law on all of its operations, in companies registered to do business in the State of Missouri and having an A.M. Best Rating of A- IX or higher: Workers Compensation and Employers Liability Insurance: Contractor shall carry Workers Compensation Insurance as required by any applicable law or regulation. Employers Liability Insurance shall be in amounts no less than $1,000,000 each accident for bodily injury, $1,000,000 for bodily injury by disease and $1,000,000 each employee for bodily injury by disease. If there is an exposure of injury to Contractor s employees under the U.S. Longshoremen s and Harbor Workers Compensation act, the Jones Act or under laws, regulations or statutes applicable to maritime employees, coverage shall be included for such injuries or claims. Commercial General Liability Insurance: Contractor shall carry Commercial General Liability Insurance written on ISO occurrence form CG (or a substitute form providing equivalent coverage) and shall cover all operations by or on behalf of the Contractor, providing insurance for bodily injury liability and property damage liability for the limits indicated below and for the following coverage: (1) Premises and Operations (2) Products and Completed Operations (3) Contractual Liability insuring the obligations assumed by the Contractor under this Contract. (4) Broad Form Property Damage (including Completed Operations) (5) Explosion, Collapse and Underground Hazards (6) Personal Injury Liability and Advertising Injury Liability Except with respect to bodily injury and property damage included within the products and completed operations hazards, the general aggregate limit shall apply separately to the Contractor s project under this Contract. Completed Operations coverage must be maintained for a minimum of two years after the date of Substantial Completion of the Project. Limit of Liability: The Commercial General Liability policy limits shall not be less than: $1,000,000 Each Occurrence (Combined Single Limit for Bodily Injury and Property Damage) $1,000,000 Aggregate for Products/Completed Operations $1,000,000 Personal Injury/Advertising Injury $2,000,000 General Aggregate (provide endorsement to apply the General Aggregate per project. Please see the umbrella requirements if the per project aggregate is not available.) Additional Insured: The Owner, Architect, and all of their officers, directors and employees, SUPPLEMENTARY GENERAL CONDITIONS

18 shall be named as Additional Insureds under the Commercial General Liability Insurance using ISO Additional Insured Endorsements CG and CG 20 37, or substitutes providing equivalent coverage. These endorsements must be stated on the insurance certificate provided to the Owner and a copy of the endorsements confirming coverage should accompany the insurance certificate. Primary Coverage: The Contractor s Commercial General Liability Policy shall apply as primary insurance and any other insurance carried by the Architect or the Owner shall be excess only and will not contribute with Contractor s insurance. This must be stated on the insurance certificate and a copy of the endorsement confirming coverage should accompany the insurance certificate. Business Automobile Liability Insurance: The policy should be written on ISO form CA 0001, CA 0005, CA 0002, CA0020 or a substitute form providing equivalent coverage and shall provide coverage for all owned, hired and non-owned vehicles. The limit of liability should be at least $1,000,000 Combined Single Limit for Bodily Injury and Property Damage each accident and should also cover Automobile Contractual Liability. The policy should name the Owner, Architect, and all of their officers, directors and employees as Additional Insureds. The policy shall be endorsed to be primary coverage and any other insurance carried by the Owner or Architect shall be excess only and will not contribute with Contractor s insurance. To confirm coverage, a copy of the Additional Insured Endorsement and the Primary Insurance Endorsement should accompany the insurance certificate. Umbrella Excess Liability: The Contractor should provide an umbrella excess liability policy that will provide a minimum of $5,000,000 per occurrence/$5,000,000 aggregate over the above listed coverages. This policy should follow-form of the underlying policies and comply with all insurance requirements of those policies. If the Commercial General Liability General Aggregate is not available on a per project basis, then the umbrella limits required will be $6,000,000 per occurrence/$6,000,000 aggregate. Waiver of Subrogation: The Commercial General Liability and Automobile Liability policies shall each contain a waiver of subrogation in favor of the Owner, Architect, and their officers, directors and employees. Certificates of Insurance: As evidence of the insurance, limits and endorsements required, a standard ACORD or equivalent Certificate of Insurance executed by a duly authorized representative of each insurer shall be furnished by the Contractor to the Owner and Architect before any Work under the Contract is commenced by the Contractor. Owner shall have the right, but not the obligation, to prohibit Contractor or any Subcontractor from entering the Project site until such certificates are received and approved by the Owner. With respect to insurance to be maintained after final payment, an additional certificate(s) evidencing such coverage shall be promptly provided to Owner as a precondition to final payment. The Certificate of Insurance shall provide that there will be no cancellation or reduction of coverage without 30 days prior written notice to the Owner. Failure to maintain the insurance required herein may result in termination of the Contract at Owner s option. In the event the Contractor does not comply with the requirements of this section, the Owner shall have the right, but not the obligation, to provide insurance coverage to protect the Owner and Architect, and charge the Contractor for the cost of that insurance. The required insurance shall be subject to the approval of the Architect, but any acceptance of insurance certificates by the Architect or Owner shall in no way limit or relieve the Contractor of their duties and responsibilities in this Agreement. Copies of Policies: Contractor shall furnish a certified copy of any and all insurance policies required under this Contract within ten (10) days of Owner s written request for said policies. SUPPLEMENTARY GENERAL CONDITIONS

19 Subcontractors: Contractor shall cause each Subcontractor to purchase and maintain insurance of the types and amounts specified herein. Limits of such coverage may be reduced only upon written agreement of Owner. Contractor shall provide to Owner copies of certificates evidencing coverage for each Subcontractor. Subcontractors commercial general liability and business automobile liability insurance shall name Owner and Architect as Additional Insureds and have the Waiver of Subrogation endorsement added. Other Insurance: The Owner may require insurance coverage in excess of the types and amounts required in this Exhibit. Contractor shall attempt in good faith to obtain quotes for such additional coverage and provide them to Owner for review. Contractor shall purchase any such additional insurance as may be requested by the Owner in writing. Owner shall pay any additional premium for such additional coverage. Owners Protective Liability Insurance: The Contractor shall purchase an Owners Protective Liability Policy, naming the Owner and Architect as Named Insureds and this policy will be in force until all construction is completed. The limit will be $1,000,000 per occurrence/$1,000,000 aggregate PROPERTY INSURANCE (Builder s Risk): The Owner will provide this coverage, subject to a $1,000 deductible, which shall be the responsibility of the Contractor. The coverage is a special perils form, with coverage added for earthquake, flood, off-site storage of items to be installed and for items in transit to the jobsite. However, the policy will not cover contractor s tools, equipment or other personal property, whether owned, leased, rented or borrowed. The policy covers the interests of the Owner, General Contractor and all tiers of Subcontractors. ARTICLE 11.4 PERFORMANCE BOND AND PAYMENT BOND: Add the following subparagraphs to : Contractor shall furnish a Performance Bond and Labor and Material Payment Bond with the Owner named as Obligee in an amount at least equal to 100% of the Contract Price as security for the faithful performance of his contract and for the payment of all persons performing labor on the project and furnishing materials in connection therewith under his contract. The Surety on each bond shall be satisfactory to the Owner and shall be a duly authorized surety company with a current Certificate of Authority to transact business in Missouri. If requested by the Owner, the Surety shall furnish a certified copy of the Certificate of Authority The bonds required herein shall be written on AIA Document A312, Performance Bond and Labor and Material Payment Bond. ARTICLE 15 CLAIMS AND DISPUTES CLAIMS FOR ADDITIONAL TIME: Delete subparagraph and replace with the following subparagraphs: This contract shall include within the completion period for this project, the number of bad weather days as specified under Section Allowances If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions preclude performance of critical work activities for 50% or more of the Contractor s scheduled workday and therefore request that day shall be declared unavailable for work due to weather (a bad weather day) and charged against the weather allowance. SUPPLEMENTARY GENERAL CONDITIONS

20 The Contractor s and Owner s representatives shall agree monthly on the number of bad weather days to be charged against the allowance. This determination will be documented in writing or monthly meeting minutes. If there is a failure to agree on all or part of the bad weather days for a particular month, that disagreement shall be noted in this written documentation. Failure of the Contractor s representative to provide written documentation of dispute of the bad weather day documentation after it is presented, with or without the notes of disagreement, shall constitute agreement with the bad weather day determination contained in that document There will be no modification to the time of contract performance due solely to the failure to deplete the bad weather day allowance Once the allowance is depleted, a no cost Change Order time extension will be executed for bad weather days, as defined above, encountered during the remainder of the Project. END OF SUPPLEMENTARY GENERAL CONDITIONS SUPPLEMENTARY GENERAL CONDITIONS

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22 Missouri Division of Labor Standards WAGE AND HOUR SECTION JEREMIAH W. (JAY) NIXON, Governor Annual Wage Order No. 21 Section 066 MILLER 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 Such objections must set forth in writing the specific grounds of objection. Each objection shall certify that a copy has been furnished 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 fi led with the Secretary of State of Missouri. Original Signed by John E. Lindsey, Director Division of Labor Standards This Is A True And Accurate Copy Which Was Filed With The Secretary of State: March 10, 2014 Last Date Objections May Be Filed: April 9, 2014 Prepared by M issouri Department of Labor and Industrial Relations

23 Building Construction Rates for MILLER County REPLACEMENT PAGE Section 066 OCCUPATIONAL TITLE BaSIC over- Date of Hourly Time Holiday Increase. Rates Schedule Schedule Total Fringe Benefits Asbestos Worker {H & F) Insulator $ $11.00 Boilermaker 6/14 $ $29.20 Bricklayer and Stone Mason $ $15.93 Carpenter 6/14 $ $15.05 Cement Mason 6/14 $ $11.50 Communication Technician $ $ % Electrician (Inside Wireman) $ $ % Electrician (Outside-Line Construction\Lineman) 9/14 $ $ % Lineman Operator 9/14 $ $ % Groundman 9/14 $ $ % Elevator Constructor a $ $ Glazier $17.00 FED $1.85 Ironworker 6/14 $ $27.35 Laborer (BuildinQ): General $ $12.49 First Semi-Skilled $ $12.49 Second Semi-Skilled $ $10.79 Lather USE CARPENTER RATE Linoleum Laver and Cutter 6/14 $ $14.95 Marble Mason 6/14 $ $12.79 Marble Finisher Millwright 6/14 $ $15.05 OperatinQ EnQineer Group I 6/14 $ $23.75 Group II 6/14 $ $23.75 Group Ill 6/14 $ $23.75 Group 111-A 6/14 $ $23.75 Group IV 6/14 $ $23.75 GroupV 6/14 $ $23.75 Painter 11 /14 $ $13.62 Pile Driver $ $14.45 Pipe Fitter 7/14 b $ $26.68 Plasterer 6/14 $ $11.55 Plumber 7/14 b $ $26.68 Roofer \ Waterproofer 9/14 $ $14.55 Sheet Metal Worker $ $14.64 Sprinkler Fitter- Fire Protection 6/14 $ $18.90 Terrazzo Worker 6/14 $ $14.38 Terrazzo Finisher Tile Setter 6/14 $ $12.79 Tile Finisher Traffic Control Service Driver $ $9.045 Truck Driver-Teamster Group I 6/14 $ $10.70 Group II 6/14 $ $10.70 Group Ill 6/1 4 $ $10.70 Group IV 6/14 $ $10.70 Fringe Benefit Percentage is of the Basic Hourly Rate For additional information regarding the application of the Marble Finisher, Terrazzo Finisher and Tile Finisher see the Labor and Industrial Relations Commission Order of June 10, 2014, in the Matter of Objection Nos **Annual Incremental Increase see FOOTNOTE PAGE ANNUAL WAGE ORDER NO /14

24 Building Construction Rates for MILLER County Footnotes REPLACEMENT PAGE Section 066 Basic Over- OCCUPATIONAL TITLE **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%, under 5 years- 6 % **b-all work over $7 Million Total Mechanical Contract- $35.75, Fringes $26.68 All work under $7 Million Total Mechanical Contract- $34.41, Fringes $21.29 **Annual Incremental Increase ANNUAL WAGE ORDER NO. 21 7/14

25 REPLACEMENT PAGE MILLER COUNTY BUILDING CONSTRUCTION OVERTIME SCHEDULE FED: Minimum requirement per Fair Labor Standards Act means time and one-half (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. 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. 17: Means the regular working day shall consist of eight (8) hours of labor between 7:00a.m. and 3:30p.m. and the regular work week shall consist of five (5) consecutive eight (8) hour days of labor beginning on Monday and ending with Friday of each week. All full-time or part-time labor performed during such hours shall be recognized as regular working hours and paid for at the regular hourly rate. Except as otherwise provided, all work performed outside of regular working hours during the regular work week, shall be at double (2) times the regular rate. Working hours may be varied by two (2) hours. When circumstances warrant and when it is mutually beneficial and agreed to by interested parties, the Employer may institute a work week consisting of four (4) consecutive ten (1 0) hour days, between the hours of five (5) a.m. and six (6) p.m., Monday through Thursday, with one-half (1/2) hour allowed for a lunch period each day. Friday may be used as a make-up day. The make-up day will be voluntary, and a decision not to work may not be held against the employee. When working four (4) ten (1 0) hour day's overtime will be paid at the time and one-half (1%) rate for the eleventh (11th) and twelfth (1 i h) hour, all other work will be paid at the double (2) time rate of pay. The first two (2) hours of overtime, Monday through Friday, and the first eight (8) hours on Saturday shall be at time and one-half (1 %) for all work. All other overtime shall be at double (2) time. The first two (2) hours of overtime must be concurrent with the regular work day, two (2) hours prior to or following the regular work day are at time and one-half (1%). The regular workday (as previously defined) on Saturday is paid at time and one-half (1%). Work performed outside of the regular Saturday work day is at double (2) time. All work performed on recognized holidays, or days locally observed as such, and Sundays shall be paid at the double (2) time rate of pay. 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 (1 0) 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 shall be those established by the general contractor and worked by the majority of trades. (The above working hours may be changed by mutual agreement). Work performed 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 6:00p.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. A W OT in!.doc ANNUAL WAGE ORDER NO. 2 1 Page I of 6

26 REPLACEMENT PAGE MILLER 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 (1 0) 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 8:00 a.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. All 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. Sh ift work performed between the hours of 4:30p.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 one-half (7~) hours work. Shift work performed 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-half ( 1~) 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 ~). 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' labor 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 6:00 a.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 shall be paid for at time and one-half ( 1 ~) the regular hourly rate. All hours worked on Sundays and holidays and all hours worked in excess of twelve (1 2) 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. A W OT in I. doc ANNUAL WAGE ORDER NO. 21 Page 2 of6

27 REPLACEMENT PAGE MILLER COUNTY BUILDING CONSTRUCTION OVERTIME SCHEDULE NO. 42: Means eight (8) hours between the hours of 8:00 a.m. and 4:30 p.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 8:00a.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 8:00a.m. and after 4:30p.m. (or 5:00p.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 (1Y2) 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 (1 0) 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 (1 Y2) 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 Y2) 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 4:30 p.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. All 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 4:30 p.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 Y2) the regular straight time rate of pay. Contractor has the option to pay two (2) hours per day at the time and one-half (1Y2) the regular straight time rate of pay between the hours of 6:00 a.m. and 5:30 p.m., Monday through Friday. Work performed 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. 50: Means eight (8) hours constitute a normal day's work Monday through Friday. Any time worked over eight (8) hours will normally be paid at time and one-half (1 Y2) except for exclusions stated in some following additional sentences. The Employer, at his discretion, may start the work day between 6:00 a.m. and 9:00 a.m. Any schedule chosen shall be started at the beginning of the work week (Monday) and used for at least five days. Work may be scheduled on a four (4) days a week (Monday through Thursday) at ten (10) hours a day schedule. If such a schedu le is employed, then Friday may be used as a make-up day when time is lost due to inclement weather. Time and one-half (1Y2) shall be paid for any work in excess of eight (8) hours in any regular work day Monday through Friday unless working 4-10's, then time and one-half (1 Y2) after ten (1 0) hours. All work performed on Saturday will be time and one-half (1 Y2). Double (2) time shall be paid for all work on Sundays and recognized holidays. NO 56: Means the regular work day shall consist of eight (8) hours between 8:00 a.m. and 4:30 p.m. An optional four day work week may be utilized with the ten (10) hour clause, days Monday through Thursday or Tuesday through Friday. Work hours shall be from 7:00 a.m. to 5:30 p.m. any work performed on Monday or Friday outside the regular scheduled four (4) days shall be at one and one half (1 Y2) the regular rate of pay. Work performed outside of the regular work day, and on Saturdays shall be paid at one and one half (1 Y2) the regular rate of pay. Sundays and holidays shall be paid at double (2) time the regular rate of pay. A W OT in l.doc ANNUAL WAGE ORDER NO. 21 Page 3 of6

28 REPLACEMENT PAGE MILLER COUNTY BUILDING CONSTRUCTION OVERTIME SCHEDULE 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 time and one-half (1%). 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 (1 0) 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 9:00 a.m. Make-up days shall not be utilized for days lost due to holidays. 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 %) 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 (1 0) hours per day or forty (40) hours per week shall be paid at time and one half (1 %) the hourly wage rate plus fringe benefits Monday through Friday. If an Employer is working 1 0-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 shall be compensated for at time and one-half (1 %) the regular Millwright hourly wage rate plus fringe benefits. The regular work day starting at 8:00 a.m. (and resulting quitting time of 4:30 p.m.) may be moved forward to 6:00 a.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: Means the regular work week shall consist of five (5) days, Monday through Friday, beginning at 8:00 a.m. and ending at 4:30 p.m. The regular work day beginning time may be advanced one or two hours or delayed by one hour. However, the Employer may have the option to schedule his work week from Monday through Thursday at ten (10) hours per day at the straight time rate of pay with all hours in excess of ten (10) hours in any one day to be at the applicable overtime rate. If the Employer elects to work from Monday through Thursday and is stopped due to circumstances beyond his control, inclement weather or holiday, he shall have the option to work Friday at the straight time rate of pay to complete his forty (40) hours. If an employee declines to work Friday as a make-up day, he shall not be penalized. All overtime work performed on Monday through Saturday shall be paid at time and one-half (1 %) of the hourly rate plus an amount equal to one-half (%) of the hourly Total Indicated Fringe Benefits. All work performed on Sundays and recognized holidays shall be paid at double (2) the hourly rate plus an amount equal to the hourly Total Indicated Fringe Benefits. A W OT in I. doc ANNUAL WAGE ORDER NO. 21 Page 4 of6

29 REPLACEMENT PAGE MILLER COUNTY BUILDING CONSTRUCTION OVERTIME SCHEDULE 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 (%) 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 (1 0) 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 (1 %) 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 shall 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 fall 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 shall 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. NO. 92: Means all work performed from 8:00a.m. to 4:30p.m., Monday through Friday, will be at straight time pay up to forty (40) hours per week. All work performed Monday through Friday before 8:00 a.m. and after 4:30 p.m. will be done at time and one-half (1%). All work done on Saturday will be done at time and one-half (1%), unless the employer and employee agree that Saturday shall be used as a make-up day. The Employer may use a flexible starting time of 7:00 a.m. to 8:00 a.m., and quitting time of 3:30 p.m. to 4:30 p.m., and any such different work starting time shall determine whether wages are payable at the straight rate or the premium rate. All work performed on Saturday shall be paid for at time and one-half (1 %), unless the Saturday has been used as a make-up day. All work performed on Sunday and holidays shall be paid for at the rate of double (2) time. NO. 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 forward to 6:00 a.m. or delayed one (1) 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 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%) (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 6:00 a.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) hou rs 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. 105: Means the regular work day shall be eight (8) hours. Working hours are from six (6) hours before Noon (12:00) to six hours after Noon (12:00). The regular work week shall be forty (40) hours, beginning between 6:00a.m. and Noon (12:00) on Monday and ending between 1:00 p.m. and 6:00 p.m. on Friday. Saturday work will be paid time and one-half (1%) the regular hourly rate of pay. Work performed on Sundays and recognized holidays shall be paid at double (2) time the regular hourly rate of pay. Saturdays can be a make-up day if weather has forced a day off. But only in the week of the day being lost. Any time worked before six (6) hours before Noon (12:00) or after six (6) hours after Noon (12:00) will be paid at the time and one-half (1%) the regular hourly rate of pay. A W OT in I. doc ANNUAL WAGE ORDER NO. 21 Page 5 of6

30 REPLACEMENT PAGE MILLER COUNTY BUILDING CONSTRUCTION OVERTIME SCHEDULE NO. 110: Means eight (8) hou rs between the hours of 8:00 a.m. and 4:30 p.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 8:00a.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 %) 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 (1 0) 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 (1 %) the hourly rate Monday through Friday. If an Employer elects to work four (4) ten (1 0) hour days in any week, work performed more than ten (1 0) hours per day or forty (40) hours per week shall be paid at time and one-half (1 %) the hourly rate Monday through Friday. If an Employer is working ten (1 0) hour days and loses a day due to inclement weather, they may work ten (1 0) 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 %) overtime rate. Overtime shall be computed at half-hour intervals. Shift work: Where it is necessary for the project to operate in shifts, a twenty-four (24) hour or sixteen (16) hour daily schedule shall be established for not less than three (3) consecutive days at the wage rates applicable to the work being performed. One-half (1/2) hour in eight (8) hour shift shall be allowed for lunch for which there will be no deduction in the pay of the employee. Employees on the second shift shall be paid twenty-five cents ($.25) per hour more and employees on the third shift fifty cents ($.50) per hour more than those on the first shift. Overtime shall be computed after shift differential is added to base pay. NO. 124: Means eight (8) hours shall constitute a day's work on all classes of work between the hours of 6:00 a.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 hou rly 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 th ird 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 the 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 all time worked on Saturday shall be paid at the rate of time and one-half (1 %) except in cases where work is part of an employee's regular Friday shift. All time worked on Sunday and recognized holidays shall be paid at the double (2) time rate of pay except in cases where work is part of an employee's previous day's shift. For all overtime hours worked $27.96 of the fringe benefits portion of the prevailing wage shall be paid at the same overtime rate at which the cash portion of the prevailing wage is to be paid. The remaining $1.24 of the fringe benefit portion of the prevailing wage may be paid at straight time. A W OT inl.doc ANNUAL WAGE ORDER NO. 21 Page 6 of6

31 MILLER COUNTY HOLIDAY SCHEDULE- BUILDING CONSTRUCTION NO.3: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day (November 11 ), Thanksgiving Day, and Christmas Day 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 work shall be performed on the days set forth except in cases of emergencies to protect life or property. 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. If any of the above holidays fall on Saturday, Friday will be observed as the recognized holiday. NO.5: All work that shall be done on New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day shall be paid at the double (2) time rate of pay. 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. 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 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. 15: All work accomplished on the recognized holidays 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 holidays, 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. 16: There shall be seven (7) recognized holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Armistice Day, Thanksgiving Day and Christmas Day. No work on any pretense shall be performed on Christmas Day or Independence Day. Any work performed on the other holidays shall be paid for at two (2) times the regular rate of pay. 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. 22: All work performed on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, or days locally observed as such, and Sunday shall be recognized as holidays. If a holiday falls on Saturday, Friday shall be observed; if it falls on Sunday, Monday shall be observed. All work performed on holidays shall be paid at the double (2) time rate of pay. 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. 26: All work done on New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. When a Holiday occurs on Saturday it shall not be observed on either the previous Friday or the following Monday. Such days shall be regular work days. If such a holiday occurs on Sunday it shall be observed on the following Monday. AW BHol.doc ANNUAL WAGE ORDER NO. 21 Page 1 of 2 Pages

32 MILLER COUNTY HOLIDAY SCHEDULE- BUILDING CONSTRUCTION NO. 28: All work done on New Year's Day, Veteran's Day, Memorial Day, Independence Day, 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 Sunday, the following Monday shall be observed as the holiday. NO. 44: All work done on New Year's Day, Memorial Day, Independence 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: All 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. 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 (1 0) 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. 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 performed 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 straight-time 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 -time 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 performed on New Year's Day, Memorial Day, Fourth of Ju ly, 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. 80: The following days shall be recognized as Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day. In the event that any of these Holidays fall on a Saturday, the preceding Friday shall be observed; if on a Sunday, the following Monday shall be observed. 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. AW BHol.doc ANNUAL WAGE ORDER NO. 21 Page 2 of 2 Pages

33 Heavy Construction Rates for MILLER County REPLACEMENT PAGE Section 066 ljasic uver- OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Schedule Schedule Carpenter 6/14 $ $15.05 Electrician (Outside-Line Construction\Lineman) 9/14 $ $ % Lineman Operator 9/14 $ $ % Lineman - Tree Trimmer 6/14 $ $ % Groundman 9/14 $ $ % Groundman - Tree Trimmer 6/14 $ $ % Laborer General Laborer 6/14 $ $12.47 Skilled Laborer 6/14 $ $12.47 I Millwright 6/14 $ $15.05 Operating Engineer Group I 6/14 $ $23.64 Group II 6/14 $ $23.64 Group Ill 6/14 $ $23.64 Group IV 6/14 $ $23.64 Oiler-Driver 6/14 $ $23.64 Pile Driver 6/14 $ $15.05 Traffic Control Service Driver $ $9.045 Truck Driver-Teamster Group I 6/14 $ $11.65 Group II 6/14 $ $11.65 Group Ill 6/14 $ $11.65 Group IV 6/14 $ $11.65 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. 21 9/14

34 MILLER COUNTY OVERTIME SCHEDULE-HEAVY CONSTRUCTION FED: Minimum requirement per Fair Labor Standards Act means time and one-half (1 %) shall be paid for all work in excess of forty (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 schedu le 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 % overtime rate. A workday shift is to begin at the option of the Employer, between 6:00 a.m. and not later than 9:00 a.m. However, the project starting time may be advanced or delayed if required. If 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 (1 0) 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-sh ift operation that carries over into Saturday morning, shall be at the straight time rate. Overtime shall be computed at % hour intervals. NO. 7: Means the regular work week shall start on Monday and end on Friday, except where the Employer elects to work Monday through Thursday, ten (1 0) hours per day. All work over ten (1 0) 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 work day 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 4-1 O's). Saturday may be worked as a make-up day at straight time (if working 5-8's). Make-up days shall not be utilized for days lost due to holidays. 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%) 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. NO. 9: Eight (8) hours shall constitute a work day between the hours of 7:00 a.m. and 4:30 p.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 %) 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. 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 pa id for at the rate of double (2) time. AW !0T ANNUAL WAGE ORDER NO. 21 Page I of2 Pages

35 MILLER COUNTY OVERTIME SCHEDULE -HEAVY CONSTRUCTION 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. If 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 (1 0) hours per day at the straight time rate of pay with all hours in excess of ten (1 0) 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-half (1 ~) times the regular rate. If 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. 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 interested parties. For all time 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. 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 6:00a.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 shall be paid at double the straight time rate. A W HOT ANNUAL WAGE ORDER NO. 21 Page 2 of2 Pages

36 MILLER 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 normal 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 1 O's Monday through Friday work week. The ten (1 0) 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 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 normal work week, Monday through Friday, it shall be counted as eight (8) hours toward the forty (40) hour week; however, no reimbursement for this eight (8) hours is to be paid to the worker unless worked. If workers are required to work the above recognized holidays or days observed as such, they shall receive double (2) the regular rate of pay for such work. NO. 19: The following days are recognized as 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 (1 0) 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. 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 (1 0) 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. 31: All 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. 21 Page 1 of 1