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HomeMy Public PortalAboutORD15810 BILL NO. 2018-024 SPONSORED BY Councilman Hussey ORDINANCE NO. /5&Io AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CENTECH & ASSOCIATES FOR HEATING, AIR CONDITIONING AND REFRIGERATION MAINTENANCE SERVICES. WHEREAS, Centech & Associates has become the apparent lowest and best bid for Heating, Air Conditioning and Refrigeration Maintenance services. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1 . The bid of Centech & Associates is declared to be the lowest and best bid and is hereby accepted. Section 2. The Mayor and City Clerk are hereby authorized to execute an agreement with Centech & Associates for Heating, Air Conditioning and Refrigeration Maintenance services. Section 3. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: aidcl 1&) ,0/0 Approved: (?)1(1,/va--- ( 1/ atO g ✓ wt, t / Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: AA. Clerk Ci C. 'nselor FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid 2980-Heating, Air Conditioning & Refrigeration Services All City, Primary -Public Works, Opened May 3, 2018 RECOMMENDATION: Staff recomme nds aw ard of the bid to Centech & Associates of Jefferson C it y, Missouri at the hourly rates bid with an estimated total of $59,000 .00 for year one. Should the City choose to renew, the bid carr ies up to two additional one year periods at the prices bid f or yea r two and year three . Centech & Associat es was the lowest bid submitted. BIDS RECEIVED: Centech & Associates , Jefferson Ci ty, MO Harold G . Butzer, Inc., Jefferson City , MO Air Systems, LLC, Columbia, MO Hourly rates as attached Hourly rates as attached Hourly rates as attached The request was advertised in N ews Tribune, posted on the c ity web site, and sent to seven additional vendors who did not re turn a bid. FI SCAL NOTE : Th is request establi shes firm fixed hourly r ates for heating, ai r conditioning and refrigeration services for all City departm ents on an as needed basis . The bid in cludes m aintenance and prevailing wage rates for normal, overtime and Sunday/H o lid ay hou rs for commercial and resid en ti al work. Funds wil l be charged to a number of accou nts at the time servic es are requested and completed . PAST PERFORMANC E : Centech & Associates of Jefferson City has receiv ed bid awards in the past and comp leted wor k as s pecified and bid. Staff believes the firm will perform work under thi s bid as specified a nd bid . ATTACHMENTS-S UPPORTING DOCUMENTATION Department of Public Works Memorandum 320 East McCarty Street • Jefferson City, Miss ouri 6 51 0 1 • P: 57 3.6 34.6 410 • F: 57 3.6 34.6 56 2 • www.jeffcitym o.org Date: May 16, 2018 To : Terry Stephenson , Purchasing Agent From: Matt Morasch , Director of Public Works Britt Smith , Operations Division Directo<Y0 Subject: Bid 2980 -HVAC Maintenance The Public Works department has reviewed the bids for HVAC Maintenance and it is recommended the bid be awarded to the lowest bidder Centech Heating & Cooling , for year one , year two and year three consecutively . ah U:\Public Works\a has lag\Letters, m em os , faxes\memo to pu rch a si ng -HVAC Maint. 051618.docx ._ . ' - To: From: Subject: Date: JEFFERSON CITY POLICE DEPARTMENT Terry Stephenson, Purchasing Al.e t Roger Schroeder. C hi e l' of'P ol ic 1 Bid Number 829 80-HVAC Main 'enanc c June5.2018 . -'' . . ~ . . . . . ~· .. . , ..... ~. : . : . ... :. . . .... : : ... :.: .... · . . . . . ~.. \ -. ... . . . . . : . The Police Department ha s compl e ted revie·w or bid s tab ulated and product information received for the above referenced quotation. We recommend that the contract be awarded to Centech. Thank you for your assistance. Memorandum TO : Terry Stephenson, Purchasing From: Chief Schofield , Fire Dept. ~ ... ')) Date : 5/15/2018 Re: 82980 -HVAC Ma intenance The Fire Depa rt ment recommends awarding the low bid for HVAC Maintenance to Centech Heating & Cooling of Jefferson City, MO. Dept111ment of PDI'la and Recretltlon 1299 Lafayette Street Jefferson City, Missouri 6S I 01 Todd Spalding Director of Parks, Recreation & Forestry Phone: (S73) 634-6482 Fax: (S73) 634-6489 MEMORANDUM DATE: June 4, 2018 TO: Todd Spalding, Director of Parks, Recreation and Fo~ ~ -' FROM: 11 Gates, Assistant Director-Park and Golf~ SUJBECT: Bid #2980 HV AC Maintenance After reviewing the bids for HV AC Maintenance, staff recommends award to Centech Heating and Cooling, Jefferson City, MO. The recommendation is based on nonnal working hours, commercial prevailing wage rate-the majority of hours billed to Parks and Recreation falls in this category. Centech has provided excellent customer service and quality work on a variety of heating and cooling systems throughout the park system. Please let me know if you have questions or need further information. Thanks! City of Jefferson, Missouri Tabulation of Bids Bid Numbar 2980 Subject HVAC Maintenance Dept All Cl!l Centech Heating & Cooling Harold Butzer Air Systems Date: M!!X 031 2018 Jefferson City MO Jefferson City MO Columbia, MO PAGE1 ITEM Unit Price Total Price Unit Price Total Price Unit Price Total Price YEAR ONE Malnt Work Prev. Wage Malnt Work Prev. Wage Malnt Work Prev. Waae Labor Rate/hr Labor rate/hr Labor Rate/hr Labor ratelhr labor Rate/hr Labor ratelhr Cost/hour-Normal working hours Commercial $50.00 $79.00 $50.00 $82.00 $95.00 $98.00 Residential $50.00 S79.00 $50.00 $82.00 $95.00 $98.00 Cost/hour-OVertime workfna hours Commercial $60.00 $82.00 $65.00 $91.00 $142.50 $147.00 Residential $60.00 582.00 $65.00 $91.00 $142.50 $147.00 Cost/hour-sunday & Holldav Commercial $70.00 $102.00 $80.00 $112.00 $190.00 $198.00 Residential $70.00 $102.00 $80.00 $112.00 $190.00 $198.00 YEAR TWO Cost/hour-Normal working hours Commercial $53.00 $82.00 $52.00 $84.00 $95.00 $98.00 Residential $53.00 $82.00 $52.00 $84.00 $95.00 $98.00 Cost/hour-Overtime working hours Commerciat $63.00 $85.00 $67.00 $94.00 $142.50 $147.00 Residential $63.00 $85.00 $67.00 $94.00 $142.50 $147.00 Cost/hour-sunday & Holiday Commercial $73.00 $105.00 $83.00 $115.00 $190.00 $198.00 Residential $73.00 $105.00 $83.00 $115.00 $190.00 $198.00 City of Jeffen~on, Missouri Tabulation of Bids Bid Number 2980 Subject HVAC Maintenance D!l!t AIIC~ ~ntech Heating & Cootlng Harold Butzer ~Systems Date: Mg 03, 2018 ' Jefferson City MO Jefferson City MO Columbia, MO PAGE2 ITEM Unit Price Total Price Unit Price Total Price Unit Price Total Price YEAR THREE Malnl Work Prev. Wa_ge Mainl Work Prev. Wage Malnl Work Prev. Wage Labor Ratelhr Labor rate/hr Labor Rate/hr Labor ratelhr Labor Rate/hr Labor ratelhr Cost/hour-Normal working hours Commercial $56.00 $85.00 $55.00 $87.00 $97.00 $100.00 Residential $56.00 $85.00 $55.00 $87.00 $97.00 $100.00 Cost/hour-Overtime working hours Commercial $66.00 $88.00 $70.00 $98.00 $145.50 $150.00 Residential $66.00 $88.00 $70.00 $98.00 $145.50 $150.00 Cost/hour-sunday & Ho1iday Commercial $76.00 $108.00 $85.00 $119.00 $194.00 $200.00 Residential $76.00 $108.00 $85.00 $119.00 $194.00 $200.00 Discount for prompt payment None None None Prices bid are firm for 45days 45days Blank Items bid manufactured. Drod. In us blank Yes Yes Re~resent a disadvantaged bs. No No No Represent a woman owned bs. No No No Agree to cooperative proc. Cole Co Yes No Yes Housing Authority Yes No Ves Bid tabulation to be sent to 573-636-2238 573-836-7944 573-443-1688 IFBs sent to the following with NO RESPONSE: Woodman Engineering, Jefferson City MO Environmental Engineering, Jefferson City MO Stleferman Heating and Cooling, Jefferson Citv MO AirServe Jefferson City, MO I I Diversified Industrial Mechanical Jefferson Cltv MO Su_perior Service Jefferson City. MO I Breakdown of hours invoiced by Centech for the previous three years --·--·---··--· --------------------··--------~----~----· ---------·--·------------~r--------.. ----~------- -----------·---------------··------------------· ·····-----1------------. ---~---..__ ____ -----·-·-------- 1-----------____ -----------_ _!VIay 19, 2015 to May 18, ~01~ -~ay 19, 2016 to M~y 18, 2017 May 19, 20~..? . .!~-~~y_~O, 2018 !-------~-----··---------·---·-·--~------------·--------1--·--------·-··-· -------------------·------ Commercial Maintenance Hours(Normal working hours) 121.25 152.75 ----------------1--------------------------·--------.. ---86 256.75 234.75 • ·-· ---------··-·-__ + ________ ·--·----• -·--+---------· ... Overtime 1.5 425 2 EXHIBIT A CITY OF JEFFERSON HEATING, AIR CONDITIONING AND REFRIGERATION AGREEMENT THIS AGREEMENT made a nd entered into the d ate last executed by a party as indicated below, by and between the City of Jefferson, Mi ssouri, a municipal co rporat ion, h ereina fter referred to as "C ity," and Centech & Associates h e r e in after referred to as "Contractor." WHEREAS, the City of Jeffe rson , Mi ssouri, is desirous of obtaining maintena n ce, repair and re place ment services for City heating, air conditioning and refrigeration units; and WHEREAS, Co n tractor is willing to enter into this agree me nt with respect to t h eir empl oyment and servi ces upon the terms and condition s h erein set forth. NOW, THEREFORE, be it agr eed as follow s: 1. Scope of Services. Contractor agrees t o provid e a ll s upervision, labor, t oo ls, equipment, materials and supplies for the preventative maintenance, ser vice , repairs, r e placement or related work on City h eating, air conditioning a n d refrigeration syst e ms which include the following City build in gs: Police Department 401 Monroe S treet , Jefferso n City, MO Water Pollution Control Plant (and related buildings) 401 O ld Mokane Road, J efferson City, MO Anim a l Co ntrol 919 E. Mi ller Street, Jefferson City, MO Fire Station No. 2 2400 E . McCart y Street, Jeffer son City, MO Fire Station No. 4 820 E lli s Boulevard, Jefferso n City, MO Fire Station No. 5 1005 Fairgrounds Road , Jefferson City, MO Jefferson City Memorial Airport (All related buildings) City Annex 427 Monroe Street, Jefferson City, MO 305 E . Miller Street, Jefferson City, MO John G. Christy Building 320 E. McCa rty Street, J efferson City, MO Binder Park· Caretakers Hou se 5525 He n wick L a n e, Jefferson Ci t y, MO . 1 - Fire Tra ining and Storage Building 911 E. Miller Street, Jefferson City, MO Collections System Maintenance 2320 Hyde Park Road , Jefferson City, MO Fire Station No. 1 621 W. High Street, Jefferson City, MO Fire Station No . 3 302 Rock Hill Road , Jefferson City, MO Fire Apparatus Building 2320 Hyd e Park Road, J efferson City, MO Parking Division 20 1 Madison Street, Jefferson City, MO Street Division 90 1 E. Miller Street, J e fferson City, MO Fire Drill Tower 915 E. Miller Street, J e ffer so n City, MO TransitlCentral Maintenance Facility 82 0 E. Miller Street, Jefferson City, MO Memorial Park Aquatic Center 120 Binder Drive, Jefferson City, MO Binder Park -Caretakers House 518 Rainbow Drive, Jefferson City, MO Binder Park -Caretakers House 5422 Rainbow Drive, Jefferson City, MO Binder Campground · Bath House 114 Campground Court, Jefferson City, MO Washington Park Maintenance Building 810 Myrtle Avenue, Jefferson City, MO Park Maintenance & Operations Center 935 Ellis Boulevard, Jefferson City, MO Washington Park • Caretakers House 900 Indiana Street, Jefferson City, MO Animal Control Shelter 2308 Hyde Park Road, Jefferson City, MO Washington Park Recreation Center 1203 Missouri Boulevard, Jefferson City, MO Golf Course Maintenance & Operations Ctr 930 Ellis Boulevard, Jefferson City, MO Historic House · Riverside Park 401 Ellis Porter Drive, Jefferson City, MO McClung Park · Indoor Pavilion McClung Park -Little Theater Bldg. 931 McClung Park Drive, Jefferson City, MO 1005 Chestnut Street, Jefferson City, MO Washington Park Ice Arena Optimist Sports Complex (NON ICE RELATED EQUIPMENT ONLY) 2000 Optimist Court, Jefferson City, MO 711 Kansas Avenue, Jefferson City, MO Shikles Rec Center (LaSalette Building) 1200 Linden Drive, Jefferson City, MO Oak Hills Golf Course Clubhouse 932 Ellis Boulevard North Jefferson City Multipurpose Bldg. 810 Sandstone, Jefferson City, MO Green Berry Acres Indoor Cabin 1915 Green Berry Road, Jefferson City, MO Street Division 2310 Hyde Park Road Church Annex 415 Monroe Street Binder Sports Complex Rest/Concession 280 S. Binder Lake Road, Jefferson City, MO and any other location added by the City of Jefferson after the contract has commenced. 2. Contract Period. This contract shall be in effect from July 1, 2018 through June 30, 2019. With the consent of both parties, the contract may be extended for two (2) additional one (1) year periods provided notice of intent to extend is given by Contractor at least ninety (90) days prior to any expiration date. 3. Payment. Payment shall be made to Contractor by City on a monthly basis following the submission by Contractor of an itemized, detailed statement of services rendered, which shall be presented to the Finance Department of the City no later than the fifth (5th) day of the month following rendition of the services. 4. Indemnitv. Contractor agrees to indemnify and hold harmless the City for any and all damages, injuries, actions, costs, attorney's fees and other expenses whatsoever arising out of the performance of said work whether the property or persons damaged are the servants and employees of the Contractor or third parties in no manner connected with said work. - 2 . 5. Response Time. Repair service is to be provided on same day the call is received for on next regular working day. In the event emergency service is required, after regular work day, Contractor will be paid the overtime labor rate. 6. Prevailing Wage Law. 7. To the extent that the work performed by Contractor is subject to prevailing wage law, the Contractor and all subcontractors shall pay not less than the prevailing wage hourly rate for each craft or type of workman required to execute this contract as determined by the Department of Labor and Industrial Relations of Missouri, pursuant to Sections 290.210 through 290.340 inclusive, RSMo. Rates. Service will be provided at the following rates: maintenance work (labor rate per hour) YEAR ONE COST PER HOUR (normal working hours) Commercial Residential COST PER HOUR (overtime work hours) Commercial Residential COST PER HOUR (overtime, Sunday and holiday) Commercial Residential YEAR'IWO COST PER HOUR (normal working hours) Commercial Residential COST PER HOUR (overtime work hours) Commercial Residential COST PER HOUR (overtime, Sunday and holiday) Commercial Residential YEAR THREE COST PER HOUR (normal working hours) - 3 - $50.00 $50.00 $60.00 $60.00 $70.00 $70.00 $53.00 $53.00 $63.00 $63.00 $73.00 $73.00 prevailing wage work (labor rate per hour) $79.00 $79.00 $80.00 $80.00 $102.00 $102.00 $82.00 $82.00 $85.00 $85.00 $105.00 $105.00 Commercial Residential COST PER HOUR (overtime work hours) Commercial Residential COST PER HOUR (overtime, Sunday and holiday) Commercial Residential 8. Parts and Materials. $56.00 $56.00 $66.00 $66.00 $76.00 $76.00 $85.00 $85.00 $88.00 $88.00 $108.00 $108.00 In the event the City does not provide materials or supplies, the Contractor shall provide same and will be reimbursed for his costs for which he shall provide invoices. All work shall be according to the provisions of the appropriate codes and regulations of the City, state and federal governments. 9. Unclassified Work. Should the nature of a repair require labor, equipment and/or material not susceptible to classification under any items scheduled in the contract, the City can authorize the use of the unclassified labor. The rule for unclassified labor shall be the number of hours actually worked and the repairs plus reasonable travel time and will consist of the individual's hourly rate plus hourly fringe benefits plus employer's payroll contributions with a fifteen percent (15%) additional for overhead and profit. Payment for equipment not susceptible to classification under any scheduled items in the contract will be limited to: A. For equipment rented by the vendor, the actual rental paid plus frl'teen percent (15%) for overhead and profit. B. For equipment owned by the vendor, the monthly rental rate charged by recognized rental organizations times the number of hours the equipment was necessary for repairs plus reasonable travel time from the storage location to the site, all divided by one hundred seventy-six (176) hours. Payment for material not susceptible to classification under any scheduled items in the proposal will be applicable column price plus fifteen percent (15%) for overhead and profit. Prior to payment being authorized, the Contractor shall submit an itemized breakdown of the unclassified labor, equipment and/or material. The breakdown shall include information and documentation sufficient to substantiate the Contractor's claim. 10. Inspection. Unless the nature and extent of the work is known to the City, the Contractor will ftrst receive a request to inspect the proposed work and provide a written report of the following to Purchasing Agent or his designee: A. Description of the work necessary. B. A list of the materials, parts, and supplies needed to complete the work. C. An estimate of work hours. -4 - 11. Authol"ization to Repair. Once the Department Director determines the estimate of work hours and material, parts and supplies required are reasonable, the report will be forwarded to the appropriate department for preparation of a requisition for the work. In the event that the repair is of an emergency nature, Contractor shall proceed to make the repair as expeditiously as possible and secure all necessary paperwork after the repair is completed. 12. Reports. The contractor shall maintain a monthly log of all service performed that month, if any. The monthly log shall remain on the premises of each building at a mutually agreed upon location accessible to both the contractor and the designated contact person for each City building. The City shall maintain a monthly log of any service inadequately performed. The contractor shall review this monthly log and correct services within twenty-four (24) hours that were inadequately performed. The contractor must indicate on this form that he has corrected the service that was inadequately performed. The log will be located in each building accessible to both the contractor and the City contact person for each building. 13. Visit Notice. Contractor shall sign in at site locations and enter the date, time in and time out of each service visit, and name and service level (shop man, journeyman, etc.) of the individual performing the service. 14. Identification. Employees of the Contractor shall have proper identification and present same prior to servicing. Identification must show the employee's service level (shopman, journeyman, etc.) 15. Normal Work Hours. Normal working hours are 8:00a.m. to 5:00p.m. on weekdays. Overtime hours are 5:00p.m. to 8:00a.m., weekdays; Saturday, Sunday and Holiday hours from 12:01 a.m. to 12:00 p.m. The quantity of work during normal work hours for which payment will be made will be for work man hours actually performed at the site. Payment for normal work hours will be paid for the quantity as above determined at the unit price shown above, which price includes cost of labor, equipment normally associated with the type of repair, travel, benefits, overhead, profit, insurance and else necessary therefor and incidental thereto. 16. Overtime Work Hours. The quantity of work during the overtime work hours for which payment will be made will be the number of overtime work man hours actually performed at the site. Payment for overtime work hours will be paid for the quantity as above determined at the unit price bid for the item overtime work hours, in the proposal, which price includes costs of labor, equipment normally associated with the type of repairs, travel, benefits, overhead, profit, insurance and all else necessary therefore and incidental thereto. 17. Insurance. Contractor agrees to obtain and maintain throughout the term of this contract -5 - A. Workmen's Compensation Insurance for all of its employees to be engaged in work under this contract. B. Contractor's Public Liability Insurance in an amount not less than $3,000,000 for all claims arising out of a single occurrence and $500,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law. Chapter 287, RSMo.. and Contractor's Property Damage Insurance in an amount not less than $2,000,000 for all claims arising out of a single accident or occurrence and $300,000 for any one person in a single accident or occurrence. The City shall be endorsed as an additional insured on any such policy for the entire term of this contract; C. Automobile Liability Insurance in an amount not less than $3,000,000 for all claims arising out of a single accident or occurrence and $500,000 for any one person in a single accident or occurrence. E. Subcontracts-In case any or all of this work is sublet, the Contractor shall require the Subcontractor to procure and maintain all insurance required in Subparagraphs (a), (b), and (c) hereof and in like amounts. F. The Certificates of Insurance furnished to the City showing proof of compliance with these insurance requirements shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least fifteen days prior written notice has been given to the City. 18. Performance Bond. This contract is to include all maintenance and new units that are bid and will be approximately $50,000.00 per year. A performance and payment bond in an amount equivalent to one hundred percent (100%} of the contract price must be furnished and executed by the successful bidder or bidders. The issuing surety shall be a corporate Surety Company or companies of recognized standing licensed to do business in the State of Missouri and acceptable to the City of Jefferson. 19. Contract Documents. The contract documents shall consist of the following: a. This Contract f. General Provisions b. Addenda g. Special Provisions c. Information for Bidders h. Technical Specifications d. Notice to Bidders i. Drawings and/or sketches e. Signed Copy of Bid This contract and the other documents enumerated in this paragraph, form the Contract between the parties. These documents are as fully a part of the contract as if attached hereto or repeated herein. 20. Reserved Rights of the City. The City reserves the right to separate any individual unit or location from coverage in this contract and to pursue any other methods of servicing that it desires. 21. Failure to Perform. Should Contractor fail to provide services as set forth pursuant to this contract, or fail to meet any of the contract provisions, this contract may be canceled at the sole option of the City upon giving five (5) days written notice to Contractor. - 6 - 22. Illegal Immigration. Prior to commencement of the work: • a. Contractor shall, by sworn affidavit and provision of documentation, affirm its enrollment and participation in a federal work authorization:program with respect to the employees working in connection with the contracted services. b. Contractor shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. c. If contractor is a sole proprietorship, partnership, or limited partnership; contractor shall provide proof of citizenship or lawful presence of the owner prior to issuance of the Notice to Proceed 23. OSHA Training. a. Contractor shall provide a ten-hour Occupational Safety and Health Administration (OSHA) construction safety program for their on-site employees which includes a course in construction safety and health approved by OSHA or a similar program approved by the department which is at least as stringent as an approved OSHA program. b. All employees subject to this provision are required to complete the program within sixty days of beginning work on such construction project. c. Any employee, agent or subcontractor of the Contractor subject to this provision found on a worksite without documentation of the successful completion of the course shall be afforded twenty days to produce such documentation after which time they shall be removed from the project. d. If Contractor fails the provisions of subsection B, C, or D, the Contractor shall forfeit as a penalty two thousand five hundred dollars plus one hundred dollars for each employee employed by the contractor or subcontractor, for each calendar day, or portion thereof, such employee is employed without the required training. The penalty shall not begin to accrue until the time period in subsections A or B, whichever is applicable, of this section have elapsed. e. The City shall withhold and retain from any amount due under the contract, all sums and amounts due and owing as a result of any violation of this section when making payments to the contractor under the contract. The contractor may withhold from any subcontractor, sufficient sums to cover any penalties the City has withheld from the contractor resulting from the subcontractor's failure to comply with the terms of this section. 24. Cancellation. This contract shall be subject to cancellation by the City at any time following fifteen (15) days notice. 25. Notices. All notices, consents, authorizations, requests and statements hereunder shall be deemed to have been properly given if delivered by and or mailed by first class United States mail, postage prepaid, to the City of Jefferson, 320 East McCarty, Jefferson City, Missouri, 65101, and Centech&Associates, 4316 Route CC,Jefferson City, Missouri, 65109. CITY OF JEFFERSON,MISSOURI CENTECH &ASSOCIATES / A Mayor Title: rrr.' Date: —1-1�'t 1S Date: f - 7 - ATTEST: ATTEST: 4 .r.. Ci Clerk Title: APPROVED AS TO FORM: CityCityp selor - 8 - EXH1BIT A CITY OF JEFFERSON JEFFERSON CITY MISSOURI OFFICE OF THE PURCHASING AGENT INVITATION FOR BID: Bid No. 2980 Subject: Heating, Air Conditioning and Refrigeration Maintenance Services THIS BID HAS BEEN PRINTED TWO SIDES. Information for Bidders Regulations Disadvantaged Business Specifications Bid Sheet INVITATION TO BID Sealed bids will be received at the Office of the Purchasing Agent in envelopes provided for HVAC maintenance and repairs as described in specifications available at that office. Bids will be received at the Office of the Purchasing Agent, 320 E. McCarty St., Room 202, Jefferson City, MO 65101 until May 3, 2018 at 1:30 p.m. at which time they will be publicly opened and read aloud in the Council Chambers. For additional information contact 573-634- 6324. Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Equal Opportunity Employer /U Teny Stephenson Purchasing Agent NEWS TRIBUNE April 18, 2018 City of Jefferson Finance Department 320 East McCarty St. Jefferson City, MO 65101 573-634-6324 BID INFORMATION AND REGULATIONS I. Bid to be submitted F.O. B. Jefferson City,Missouri 65101. 2. Items to be shipped as specified in the request for bid. 3. All bids must be submitted on the attached forms,and be signed by the bidder with his name and address. 4. Bidders may withdraw their bid after depositing with the Purchasing Agent at any time prior to the stipulated time for opening of such bids. No bid may be withdrawn within thirty(30)days after the opening thereof,unless obvious errors are apparent. 5. RIGHT TO ACCEPT OR REJECT BIDS. The right is hereby reserved to accept or reject all or part of any bid,to waive informalities and to request new bids as the interest of the City may require. 6. DELIVERY MAY BE MADE A BASIS FOR AWARD. The award may be based upon delivery as well as price; whichever serves the best interest of the city. 7. Bidders should submit complete descriptive literature,a detailed specification of the brand/item bid and detailed instructions on how each piece of equipment is to operate. 8. Payment will be made upon receipt and acceptance of items requested. Invoices must be sent to • Finance Department, 320 E. McCarty St.,Jefferson City,MO 65101. Partial payment will be made for partial receipt of goods or services. 9. The City of Jefferson is tax exempt by law. Do not include tax in bidding. A federal tax exempt certificate will be furnished when requested. 10. COOPERATIVE PROCUREMENT. The City of Jefferson and Cole County and the City of Jefferson and the Jefferson City Housing Authority have entered into cooperative purchasing agreements. Cole County and/or the Jefferson City Housing Authority may or may not request an unknown quantity of goods or service under this bid during the bid period or resulting agreement period at the same prices,terms and conditions stated herein. It is understood and agreed that each participating political subdivision will make its own separate contract with the successful bidder,that each participating political subdivision shall only be liable to the successful bidder for materials or supplies contracted for by such political subdivision without any liability for purchases contracted for by any other participating political subdivision,and each successful bidder shall be required to bill each participating political subdivision directly for the materials or supplies purchased by it. 11. RESTRICTIVE CLAUSE. Bidders must contact the Office of the Purchasing Agent at least five(5) days prior to the bid opening if any of the specification contains restrictive language or requirements that render him unable to bid. 12. PROPRIETARY PRODUCTS. Any piece of equipment described herein that is a proprietary product,or the use of a manufacturer's or vendor's brand name, is referenced with the intent to indicate a standard of design desired by the buyer and shall not be construed to exclude other manufacturer's products of comparable quality. The buyer reserves the right to determine the quality of the equipment offered. Rev 3-12 13. PREFERENCE FOR U. S. MANUFACTURED GOODS. On purchases in excess of $5,000,the city shall select products manufactured, assembled or produced in the United States, if quantity, quality, and price are equal. Every contract for public works construction or maintenance in excess of$5,000 shall contain a provision requesting the contractor to use American products in the performance of the contract. 14. Individuals should contact the ADA Coordinator at(573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. DISADVANTAGED BUSINESS ENTERPRISE STATEMENT Contractors bidding on City contracts funded in whole or in part by assistance from a federal agency shall take the following affirmative steps to assure that small,woman owned,and minority businesses are utilized when possible as sources of supplies,services and construction items. I. Contractors will submit the name and other information, if any,about their DBE sub- contractors along with their bid submissions. H. Sufficient and reasonable efforts will be made to use qualified DBE sub-contractors when possible on City contracts. III. Qualified small,woman owned,and minority businesses will be included on solicitation lists as sub-contractors for City supplies, services,and construction. IV. Qualified small,woman owned,and minority businesses will be solicited whenever they are potential sources. V. When economically feasible,contractors will divide total requirements into smaller tasks or quantities so as to permit maximum small,woman owned,and minority business participation. VI. Where the requirements permit,contractors will establish delivery schedules which will encourage participation by small,woman owned and minority businesses. Contractors will use the services and assistance of the Small Business Administration,the Office of Minority Business Enterprises and the Community Services Administration. Rev 3-12 SPECIFICATIONS HEATING, AIR CONDITIONING AND REFRIGERATION SERVICES 1. INTRODUCTION AND GENERAL INFORMATION 1.1. The City of Jefferson has contracted with a qualified air conditioning, heating and refrigeration contractor to provide maintenance, repair and replacement to all City heating, air conditioning and refrigeration units on an hourly rate plus parts and replacement units at cost. 1.2. The intent of this bid is to contract the services of a qualified heating, air conditioning, and refrigeration contractor to provide preventive maintenance, repair and replacement of existing and any future system additions that may be added during the contract period. Existing system replacements and any system additions may be requested as needed and will require the prevailing wage rate. The city reserves the right to request bids for replacement of existing and additional heating and air conditioning systems. The City is requesting hourly rates for on call services and semi- annual inspections for commercial and residential work. Each contractor must submit his qualifications for commercial and residential work. The city reserves the right to determine which firm(s) are qualified commercial and/or residential contractors. The City of Jefferson reserves the right to make an award to more than one vendor if it is in the best interest of the City. 2. TERMS AND CONDITIONS 2.1. Contract Period The contract period shall be one (1) year from date of award, approximately 2018 through May 31, 2019, with the option for renewal for uptotwo dditional one year periods at the rates bid for year two and year three. Renewals shall be initiated ninety (90) days prior to completion of the first and second year agreements. 2.2. Reports The contractor shall maintain a monthly log of all service performed that month, if any. The monthly log shall remain on the premises of each building at a mutually agreed upon location accessible to both the contractor and the designated contact person for each City building. The City shall maintain a monthly log of any service inadequately performed. The contractor shall review this monthly log and correct services within twenty-four(24) hours that were inadequately performed. The contractor must indicate on this form that he has corrected the service that was inadequately performed. The log will be located in each building accessible to both the contractor and the City contact person at each building. 1 2.3. Visit Notice Contractor shall sign in at site locations and enter the date and time in and time out for each service visit, the name and service level (shopman,journeyman, etc.) of the individual performing the service. Tickets without this information will not be paid. 2.4. Identification Employees of the contractor shall have proper identification and present same prior to undertaking any service. Identification must show the employee's service level (shopman,journeyman, etc.). 2.5. Payment Payment shall be made upon receipt of a monthly invoice properly signed and submitted, with report per paragraph 2.2 to the Finance Director, 320 East McCarty Street, Jefferson City, Missouri 65101. 2.6. Cancellation The City of Jefferson reserves the right to cancel, without cause, this contract with fifteen (15) days written notice. 2.7. Inspection of Equipment All bidders are invited to conduct a thorough examination of the equipment to be serviced, prior to submission of their bid. Failure to inspect the equipment will be at the risk of the offeror and he cannot secure relief by being unaware of actual conditions. Appointments may be made by contacting the Purchasing Agent at 573- 634-6325. 2.8. Response Time Repair service is to be provided on the same day the call is received or on the next regular working day. In the event emergency service is required, after regular work day, the contractor will be paid the overtime labor rate. 2.9. Authorized Personnel Only personnel authorized by the appropriate department director will make requests for service. Any service work requiring replacement parts will be authorized by the same authorized person who will determine if further approval is needed. 2.10. Insurance The successful bidder agrees to obtain and maintain throughout the term of the contract, the insurance as specified in the Sample Contract (Attachment A). 2 2.11. Prevailing Wage Law To the extent that the work performed by the contract is subject to prevailing wage law, principal contractor and all subcontractors shall pay not less than the prevailing wage hourly rate for each craft or type of workman required to execute this contract as determined by the Department of Labor and Industrial Relations of Missouri, pursuant to Sections 290.210 to 290.340 inclusive, RSMo. The current prevailing wage rates are attached as Attachment B. 2.12. Normal and Overtime Work Normal working hours are 8:00 a.m. to 5:00 p.m. weekdays. Overtime hours are 5:00 p.m. to 8:00 a.m. weekdays. Saturday, Sunday and Holiday hours are from 12:01a.m. to 12:00 p.m. The quantity of work during normal work hours for which payment will be made will be the number of normal work man hours actually performed at the site. Payment for normal work hours will be paid for the quantity at the unit price bid for the item normal work hours in the bid, which price includes cost of labor, equipment normally associated with the type of repair, travel, benefits overhead, profit, insurance and all else necessary therefore and incidental thereto. 2.13. Bid Bond Each bidder shall submit along with his bid a certified check or bid bond made payable to the City of Jefferson for five hundred dollars ($500.00). Bid securities will be returned after award of the contract except to the successful bidder. Should the successful bidder fail or refuse to execute the performance bond and the contract required within seven (7) days after he has received notice of acceptance of his bid, he shall forfeit to the City as liquidated damages for such failure or refusal, the security deposited with his bid. 2.14. Performance Bond This contract is to include all maintenance and new units not bid separately and will be approximately $59,000.00 per year. A performance and payment bond in an amount equivalent to one hundred percent (100%) of the contract price must be furnished and executed by the successful bidder or bidders. The issuing surety shall be a corporate Surety Company or companies of recognized standing licensed to do business in the State of Missouri and acceptable to the City of Jefferson. 3. FEDERAL FUNDS The majority of work under this request will be funded through City of Jefferson budgeted funds. Work in one area, Public Works, Transit Division, may be funded through the use of federal funds. During the period November 1, 2013 through October 1, 2014 the charges under this agreement using federal funds in the Transit Division totaled $895.76. As a recipient of federal funds; the following requirements shall be fully considered in preparing bids and performing any work using federal funds. 3 No Obligation by the Federal Government. (1)The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract,absent the express written consent by the Federal Government,the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser,Contractor,or any other party(whether or not a party to that contract)pertaining to any matter resulting from the underlying contract. (2)The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified,except to identify the subcontractor who will be subject to its provisions. Program Fraud and False or Fraudulent Statements or Related Acts. (1)The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986,as amended,31 U.S.C.§3801 et seq.and U.S. DOT regulations,"Program Fraud Civil Remedies,"49 C.F.R. Part 31,apply to its actions pertaining to this Project. Upon execution of the underlying contract,the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made,it makes,it may make,or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable,the Contractor further acknowledges that if it makes,or causes to be made, a false,fictitious, or fraudulent claim,statement,submission, or certification,the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2)The Contractor also acknowledges that if it makes, or causes to be made,a false,fictitious,or fraudulent claim,statement,submission,or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. §5307,the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. §5307(n)(1)on the Contractor,to the extent the Federal Government deems appropriate. (3)The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. Access to Records The following access to records requirements apply to this Contract: 1.Where the Purchaser is not a State but a local government and is the FTA Recipient or a sub-grantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(1),the Contractor agrees to provide the Purchaser, the FTA Administrator,the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits,examinations,excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R.633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C.5302(a)1,which is receiving federal financial assistance through the programs described at 49 U.S.C.5307,5309 or 5311. 4 2.Where the Purchaser is a State and is the FTA Recipient or a sub-grantee of the FTA Recipient in accordance with 49 C.F.R. 633.17,Contractor agrees to provide the Purchaser,the FTA Administrator or his authorized representatives, including any PMO Contractor,access to the Contractor's records and construction sites pertaining to a major capital project,defined at 49 U.S.C.5302(a)1,which is receiving federal financial assistance through the programs described at 49 U.S.C.5307,5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000. 3.Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education,a hospital or other non-profit organization and is the FTA Recipient or a sub-grantee of the FTA Recipient in accordance with 49 C.F.R. 19.48,Contractor agrees to provide the Purchaser, FTA Administrator,the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits,examinations,excerpts and transcriptions. 4.Where any Purchaser which is the FTA Recipient or a sub-grantee of the FTA Recipient in accordance with 49 U.S.C.5325(a)enters into a contract for a capital project or improvement(defined at 49 U.S.C. 5302(a)1)through other than competitive bidding,the Contractor shall make available records related to the contract to the Purchaser,the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 5.The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 6.The Contractor agrees to maintain all books,records,accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser,the FTA Administrator,the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation,appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(1)(11). 7. FTA does not require the inclusion of these requirements in subcontracts. Federal Changes The contractor shall at all times comply with all applicable FTA regulations, policies,procedures and directives, including without limitation those listed directly or by reference in the Agreement(Form FTA MA(10)dated October, 2003)between Purchaser and FTA,as they may be amended or promulgated from time to time during the term of this contract.Contractor's failure to so comply shall constitute a material breach of this contract. Civil Rights The following requirements apply to the underlying contract: (1) Nondiscrimination-In accordance with Title VI of the Civil Rights Act,as amended,42 U.S.C. §2000d, section 303 of the Age Discrimination Act of 1975,as amended,42 U.S.C. §6102,section 202 of the Americans with Disabilities Act of 1990,42 U.S.C. §12132,and Federal transit law at 49 U.S.C.§5332,the Contractor agrees that it will not discriminate against any employee or applicant for employment because 5 of race,color,creed, national origin,sex,age,or disability.In addition,the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2)Equal Employment Opportunity-The following equal employment opportunity requirements apply to the underlying contract: (a)Race,Color,Creed, National Origin,Sex-In accordance with Title VII of the Civil Rights Act,as amended,42 U.S.C.§2000e,and Federal transit laws at 49 U.S.C. §5332,the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor(U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,"41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity,"as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity,"42 U.S.C.§2000e note),and with any applicable Federal statutes,executive orders,regulations,and Federal policies that may in the future affect construction activities undertaken in the course of the Project.The Contractor agrees to take affirmative action to ensure that applicants are employed,and that employees are treated during employment,without regard to their race,color,creed,national origin,sex,or age.Such action shall include,but not be limited to,the following:employment,upgrading,demotion or transfer, recruitment or recruitment advertising, layoff or termination;rates of pay or other forms of compensation;and selection for training, including apprenticeship. In addition,the Contractor agrees to comply with any implementing requirements FTA may issue. (b)Age-In accordance with section 4 of the Age Discrimination in Employment Act of 1967,as amended, 29 U.S.C. §§623 and Federal transit law at 49 U.S.C. §5332,the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition,the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities-In accordance with section 102 of the Americans with Disabilities Act,as amended,42 U.S.C. §12112,the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,"29 C.F.R. Part 1630,pertaining to employment of persons with disabilities. In addition,the Contractor agrees to comply with any implementing requirements FTA may issue. (3)The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. Termination of Contract a.Termination for Convenience(General Provision)The City of Jefferson may terminate this contract, in whole or in part,at any time by written notice to the Contractor when it is in the Government's best interest.The Contractor shall be paid its costs, including contract close-out costs,and profit on work performed up to the time of termination.The Contractor shall promptly submit its termination claim to the City of Jefferson to be paid the Contractor. If the Contractor has any property in its possession belonging to the City of Jefferson,the Contractor will account for the same,and dispose of it in the manner the City of Jefferson directs. b.Termination for Default[Breach or Cause](General Provision)If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services,the Contractor fails to perform in the manner called for in the contract,or if the Contractor fails to comply with any other provisions of the contract,the City of Jefferson may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the 6 manner in which the Contractor is in default.The contractor will only be paid the contract price for supplies delivered and accepted,or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City of Jefferson that the Contractor had an excusable reason for not performing,such as a strike,fire,or flood, events which are not the fault of or are beyond the control of the Contractor,the City of Jefferson, after setting up a new delivery of performance schedule, may allow the Contractor to continue work,or treat the termination as a termination for convenience. c.Opportunity to Cure(General Provision)The City of Jefferson in its sole discretion may, in the case of a termination for breach or default, allow the Contractor[an appropriately short period of time]in which to cure the defect. In such case,the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If Contractor fails to remedy to the City of Jefferson's satisfaction the breach or default of any of the terms,covenants,or conditions of this Contract within [ten (10)days]after receipt by Contractor of written notice from the City of Jefferson setting forth the nature of said breach or default,the City of Jefferson shall have the right to terminate the Contract without any further obligation to Contractor.Any such termination for default shall not in any way operate to preclude the City of Jefferson from also pursuing all available remedies against Contractor and its sureties for said breach or default. d.Waiver of Remedies for any Breach In the event that the City of Jefferson elects to waive its remedies for any breach by Contractor of any covenant,term or condition of this Contract,such waiver by the City of Jefferson shall not limit the City of Jefferson's remedies for any succeeding breach of that or of any other term,covenant,or condition of this Contract. e.Termination for Convenience(Professional or Transit Service Contracts)The City of Jefferson, by written notice,may terminate this contract, in whole or in part,when it is in the Government's interest. If this contract is terminated,the Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. f.Termination for Default(Supplies and Service)If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract,the City of Jefferson may terminate this contract for default. The City of Jefferson shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default.The Contractor will only be paid the contract price for supplies delivered and accepted,or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations,it is determined that the Contractor was not in default,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. j.Termination for Convenience of Default(Cost-Type Contracts)The City of Jefferson may terminate this contract,or any portion of it,by serving a notice or termination on the Contractor.The notice shall state whether the termination is for convenience of the City of Jefferson or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract.The Contractor shall account for any property in its possession paid for from funds received from the City of Jefferson,or property supplied to the Contractor by the City of Jefferson. If the termination is for default,the City of Jefferson may fix the fee,if the contract provides for a fee,to be paid the contractor in proportion to the value,if any,of work performed up to the time of termination.The Contractor shall promptly submit its termination claim to the City of Jefferson and the parties shall negotiate the termination settlement to be paid the Contractor. 7 If the termination is for the convenience of the City of Jefferson,the Contractor shall be paid its contract close-out costs,and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. If,after serving a notice of termination for default,the City of Jefferson determines that the Contractor has an excusable reason for not performing,such as strike,fire,flood,events which are not the fault of and are beyond the control of the contractor,the City of Jefferson,after setting up a new work schedule, may allow the Contractor to continue work,or treat the termination as a termination for convenience. Disadvantaged Business Enterprise To the extent required by Federal law, regulation,or directive,the Recipient agrees to take the following measures to facilitate participation by disadvantaged business enterprises(DBE)in the Project: (1) The Recipient agrees and assures that it will comply with TEA-21§ 1101(b),23 U.S.C. §101 note, and U.S. DOT regulations, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,"49 C.F.R. Part 26. (2) The Recipient agrees and assures that it shall not discriminate on the basis of race, color,sex,or national origin in the award and performance of any third party contract,or sub-agreement supported with Federal assistance derived from U.S. DOT or in the administration of its DBE program and will comply with the requirements of 49 C.F.R. Part 26. The Recipient agrees to take all necessary and reasonable steps set forth in 49 C.F.R. Part 26 to ensure nondiscrimination in the award and administration of all third party contracts and sub-agreements supported with Federal assistance derived from U.S. DOT. As required by 49 C.F.R.Part 26 and approved by U.S. DOT,the Recipient's DBE program is incorporated by reference and made part of the Grant Agreement or Cooperative Agreement. The Recipient agrees that implementation of this DBE program is a legal obligation,and that failure to carry out its terms shall be treated as a violation of the Grant Agreement or Cooperative Agreement. Upon notification by U.S. DOT to the Recipient of its failure to implement its approved DBE program, U.S. DOT may impose sanctions as provided for under 49 C.F.R. Part 26 and may, in appropriate cases,refer the matter for enforcement under 18 U.S.C. § 1001,and/or the Program Fraud Civil Remedies Act,31 U.S.C. §§3801 et seq. Incorporation of FTA Terms The Recipient and contractor certify that terms in FTA C 4220.1E which replaces FTA C4220.1D will be incorporated into contracts and sub-contracts. Debarment and Suspension(non-procurement) This contract is a covered transaction for purposes of 49 CFR Part 29. As such,the contractor is required to verify that none of the contractor, its principals,as defined at 49 CFR 29.995,or affiliates,as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.The contractor is required to comply with 49 CFR 29,Subpart C and must include the requirement to comply with 49 CFR 29,Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal,the bidder or proposer certifies as follows:"The certification in this clause is a material representation of fact relied upon by the City of Jefferson. It if is later determined that the bidder or proposer knowingly rendered an erroneous certification,in addition to remedies available to the City of Jefferson,the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29,Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions." 8 Davis Bacon and Copeland Anti-Kickback Acts (1)Minimum wages-(I)All laborers and mechanics employed or working upon the site of the work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project),will be paid unconditionally and not less often than once a week,and without subsequent deduction or rebate on any account(except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act(29 CFR part 3)),the full amount of wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2)of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics,subject to the provisions of paragraph(1)(iv)of this section;also, regular contributions made or costs incurred for more than a weekly period(but not less often than quarterly)under plans,funds,or programs which cover the particular weekly period,are deemed to be constructively made or incurred during such weekly period.Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein:Provided,That the employer's payroll records accurately set forth the time spent in each classification in which work is performed.The wage determination(including any additional classifications and wage rates conformed under paragraph(1)(ii)of this section)and the Davis-Bacon poster(WH-1321)shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A)The contracting officer shall require that any class of laborers or mechanics,including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination.The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1)Except with respect to helpers as defined as 29 CFR 5.2(n)(4),the work to be performed by the classification requested is not performed by a classification in the wage determination;and (2)The classification is utilized in the area by the construction industry;and (3)The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination;and (4)With respect to helpers as defined in 29 CFR 5.2(n)(4),such a classification prevails in the area in which the work is performed. (B) If the contractor and the laborers and mechanics to be employed in the classification(if known),or their representatives,and the contracting officer agree on the classification and wage rate(including the amount designated for fringe benefits where appropriate),a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor,Washington, DC 20210.The Administrator,or an authorized representative,will approve, modify,or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. 9 (C) In the event the contractor,the laborers or mechanics to be employed in the classification or their representatives,and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits,where appropriate),the contracting officer shall refer the questions,including the views of all interested parties and the recommendation of the contracting officer,to the Administrator for determination.The Administrator,or an authorized representative,will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D)The wage rate(including fringe benefits where appropriate)determined pursuant to paragraphs (a)(1)(ii)(B)or (c)of this section,shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii)Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate,the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv)If the contractor does not make payments to a trustee or other third person,the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided,That the Secretary of Labor has found, upon the written request of the contractor,that the applicable standards of the Davis-Bacon Act have been met.The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (v)(A)The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination.The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1)The work to be performed by the classification requested is not performed by a classification in the wage determination;and (2)The classification is utilized in the area by the construction industry;and (3)The proposed wage rate,including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B)If the contractor and the laborers and mechanics to be employed in the classification(if known),or their representatives,and the contracting officer agree on the classification and wage rate(including the amount designated for fringe benefits where appropriate),a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration,Washington, DC 20210.The Administrator,or an authorized representative,will approve, modify,or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C)In the event the contractor,the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits,where appropriate),the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer,to the Administrator for determination.The Administrator,or an authorized 10 representative,will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D)The wage rate(including fringe benefits where appropriate)determined pursuant to paragraphs (a)(1)(v)(B)or(C)of this section,shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (2)Withholding-The City of Jefferson shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor,or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements,which is held by the same prime contractor,so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices,trainees,and helpers,employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice,trainee,or helper, employed or working on the site of the work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project),all or part of the wages required by the contract,the City of Jefferson may, after written notice to the contractor,sponsor,applicant,or owner,take such action as may be necessary to cause the suspension of any further payment,advance,or guarantee of funds until such violations have ceased. (3) Payrolls and basic records-(I)Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work(or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name,address,and social security number of each such worker, his or her correct classification, hourly rates of wages paid(including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B)of the Davis- Bacon Act),daily and weekly number of hours worked,deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B)of the Davis-Bacon Act,the contractor shall maintain records which show that the commitment to provide such benefits is enforceable,that the plan or program is financially responsible,and that the plan or program has been communicated in writing to the laborers or mechanics affected,and records which show the costs anticipated or the actual cost incurred in providing such benefits.Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and trainees,and the ratios and wage rates prescribed in the applicable programs. (ii)(A)The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the City of Jefferson for transmission to the Federal Transit Administration.The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(I)of Regulations,29 CFR part 5.This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents(Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402.The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B)Each payroll submitted shall be accompanied by a "Statement of Compliance,"signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: 11 (1)That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(I)of Regulations,29 CFR part 5 and that such information is correct and complete; (2)That each laborer or mechanic(including each helper,apprentice,and trainee)employed on the contract during the payroll period has been paid the full weekly wages earned,without rebate,either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned,other than permissible deductions as set forth in Regulations,29 CFR part 3; (3)That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed,as specified in the applicable wage determination incorporated into the contract. (C)The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the"Statement of Compliance"required by paragraph(a)(3)(ii)(B)of this section. (D)The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii)The contractor or subcontractor shall make the records required under paragraph(a)(3)(I)of this section available for inspection,copying,or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor,and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available,the Federal agency may,after written notice to the contractor, sponsor,applicant,or owner,take such action as may be necessary to cause the suspension of any further payment,advance,or guarantee of funds. Furthermore,failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4)Apprentices and trainees-(I)Apprentices-Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employ- ment and Training Administration, Bureau of Apprenticeship and Training,or with a State Apprenticeship Agency recognized by the Bureau,or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program,who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprentice- ship Agency(where appropriate)to be eligible for probationary employment as an apprentice.The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program.Any worker listed on a payroll at an apprentice wage rate,who is not registered or otherwise employed as stated above,shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition,any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.Where a contractor is performing con- struction on a project in a locality other than that in which its program is registered,the ratios and wage rates(expressed in percentages of the journeyman's hourly rate)specified in the contractor's or sub- contractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits,apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and 12 Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification,fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training,or a State Apprenticeship Agency recognized by the Bureau,withdraws approval of an apprenticeship program,the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii)Trainees-Except as provided in 29 CFR 5.16,trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval,evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration.The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits,trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices.Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity-The utilization of apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246,as amended, and 29 CFR part 30. (5)Compliance with Copeland Act requirements-The contractor shall comply with the requirements of 29 CFR part 3,which are incorporated by reference in this contract. (6)Subcontracts-The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1)through(10)and such other clauses as the Federal Transit Administration may by appropriate instructions require,and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7)Contract termination:debarment-A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8)Compliance with Davis-Bacon and Related Act requirements-All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 are herein incorporated by reference in this contract. (9)Disputes concerning labor standards-Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract.Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5,6,and 7. Disputes within the meaning of this clause include disputes between the contractor(or any of its 13 subcontractors)and the contracting agency,the U.S. Department of Labor,or the employees or their representatives. (10)Certification of eligibility-(I) By entering into this contract,the contractor certifies that neither it(nor he or she)nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii)The penalty for making false statements is prescribed in the U.S.Criminal Code, 18 U.S.C. 1001. Contract Work Hours and Safety Standards (1)Overtime requirements-No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2)Violation;liability for unpaid wages;liquidated damages-In the event of any violation of the clause set forth in paragraph (1)of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition,such contractor and subcontractor shall be liable to the United States for liquidated damages.Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards,employed in violation of the clause set forth in paragraph(1)of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph(1)of this section. (3)Withholding for unpaid wages and liquidated damages-The(write in the name of the grantee)shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor,or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor,such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph(2)of this section. (4)Subcontracts-The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs(1)through(4)of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(1)through(4)of this section. Energy Conservation Requirements The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 14 4. Protest Procedure For all bids not exempted from the competitive procurement procedures,the City of Jefferson will provide a tabulation of bids and recommendation for award by telephone, fax, or mail to all responding offerors. Offerors wishing to challenge the award decision shall have a specified time, as listed on the recommendation for award,to file a protest with the purchasing agent. The protest period will be two (2) working days for telephone offers,ten (10)working days for informal written offers, and fifteen (15) days for formal sealed proposals. The protest must be filed in writing to the purchasing agent and must specify the grounds upon which the protest is based. A valid protest must 1) come from an actual offeror/bidder for the request, and 2)who claim to be the rightful award. That is, protest is not valid if filed by an offeror/bidder who cannot show they would be awarded the contract if their protest were accepted. The purchasing agent will review the protest and issue a written decision. If the requestor disagrees with the decision of the purchasing agent, the decision may be appealed to the finance director. The request for appeal must be filed within a specified time, as listed on the protest decision, with the purchasing agent. The request must describe the specific reason for the appeal and is limited to those matters that were raised in the original protest letter. The finance director will review the protest and issue a written decision. If the requestor is not satisfied, it may ask that its protest be considered by the city administrator if the award is less than $25,000.00 or the city council if the award is in excess of$25,000.00. Any decision regarding the matter made by the city administrator or city council is final. All protests will be reported to the Federal Transportation Administration. 5. Prompt Payment Clause The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than thirty days from receipt of each payment the prime contract receives from City of Jefferson, Missouri. The prime contractor agrees further to return retainage payments to each subcontractor within thirty days after the subcontractors work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Jefferson, Missouri. This clause applies to both DBE and non-DBE subcontract. 6. BID SUBMISSION AND EVALUATION 6.1. Submission of Bid Bids must be priced, signed, sealed, and returned to the Office of the Purchasing Agent, 320 East McCarty Street, Room 202,Jefferson City, MO 65101 by 1:30 p.m. on November 25, 2014. 15 6.2 Evaluation Process The award of a contract resulting from this request shall be based on the lowest and best bid received in accordance with the evaluation criteria stated below: Cost 50 points Experience and Reliability 25 points Expertise of Personnel 25 points The City of Jefferson reserves the right to consider historic information and fact, whether gained from the contractor's bid, reference, or any other source, in the evaluation process. 7. SPECIFICATIONS—SERVICE CONTRACT HOURLY RATE PLUS PARTS Services will be as requested by each City department. Labor rates will be requested for regular working hours, overtime hours, and Sunday and Holiday hours. 7.1. Service Specifications The semi-annual maintenance, except as noted below, shall include at a minimum the following items: a check off list of each service listed must be completed and submitted to the department where work is being performed before payment will be authorized. This work must be scheduled in advance. 7.1.1. Supply and install all necessary repair and renewal parts except noted. 7.1.2. Inspect and adjust tension of all fan belts. 7.1.3. Inspect, clean, replace as necessary humidifier pans, float balls, and heating elements, etc., effective award date. 7.1.4. Inspect all drainage systems. 7.1.5. Adjust'and functionally clean all system components, motors, starters, drives and accessories. 7.1.6. Inspect and maintain proper levels of refrigerant. 7.1.7. Lubricate all moving parts, by manufacturer's specifications. 7.1.8. Remove scale and foreign matter. 7.1.9. Start up and shut down air conditioning system on a date specified by the owner. 16 7.1.10. Inspect all capacity, temperature, and safety devices, including thermometers and gages which control the equipment. 7.1.11. Replace filters as needed. Note: All Fire Department locations and Parks and Recreation Locations will replace filters through department personnel and will not be included in this requirement. 7.1.12. Check amps and voltage on all motors. 7.1.13. Two (2) regular inspections yearly; before heating season and before cooling season are mandatory in most departments. The Parks and Recreation Department will call successful vendor when inspections are required for parks facilities. 7.1.14. Standard maintenance supplies required for the semi-annual service must be provided by the contractor. it is expected that service personnel will schedule this work and shall be prepared for it upon arrival. Additional trip charges and return calls for standard maintenance supplies required under this section shall not be invoiced to the City of Jefferson. 7.2. Parts and Supplies The following mark-up schedule will be followed when invoicing the City for parts and supplies. 0- $10.00 100% $10.01 -$60.00 50% $60.01 and over 30% Compressors and heating and air conditioning units replaced by the contractor that are not under warranty shall be replaced at the Contractor's actual cost including any and all discounts offered by his supplier. Invoices from the supplier must be attached to the invoice for payment. The City at its option, may furnish the replacement compressors and/or heating and air conditioning units including all materials and labor through competitive bid procedures. The City reserves the option of getting other opinions on replacing complete units. 7.3. Vendor Estimate and Work Write-Up All work performed by the vendor in excess of$1,000.00 will first have a written estimate of cost to the appropriate department head with a copy to the Purchasing Division before proceeding. All work completed will be followed by a work performed write-up given to the department head with a copy to the Purchasing Division at the completion of the service. 17 7.4. Locations of Services Locations of service for the City of Jefferson are as follows: John G. Christ Building Church Annex 320 E. McCarty St., Jefferson City, MO 415 Monroe St., Jefferson City, MO City Annex Whitecotton Law Enforcement Center 427 Monroe St., Jefferson City, MO 401 Monroe St., Jefferson City, MO 305 E Miller St., Jefferson City, MO Fire Station 1 Fire Station 2 621 W. High St., Jefferson City, MO 2400 E. McCarty St., Jefferson City, MO Fire Station 3 Fire Station 4 302 Rock Hill Road, Jefferson City, MO 820 Ellis Blvd., Jefferson City, MO Fire Station 5 Fire Apparatus Building 1005 Fairgrounds Rd., Jefferson City, MO 2304 Hyde Park Rd., Jefferson City, MO Fire Museum Fire Drill Tower 911 E. Miller St., Jefferson City, MO 915 E. Miller St., Jefferson City, MO Jefferson City Memorial Airport Animal Control All Related Buildings 919 E. Miller St., Jefferson City, MO North Jefferson City, MO Animal Control Shelter Parking Division 2308 Hyde Park Rd., Jefferson City, MO 201 Madison St., Jefferson City, MO Transit/Central Maintenance Facility Street Division 820 E. Miller St., Jefferson City, MO 901 E. Miller St., Jefferson City, MO Street Division Water Pollution Control Plant 2310 Hyde Park Rd., Jefferson City, MO All Related Buildings 401 Old Mokane Rd., Jefferson City, MO Collections System Maintenance Binder Sports Complex Rest/Concession 2320 Hyde Park Rd., Jefferson City, MO 280 So. Binder Lake Rd.,Jefferson City, MO Binder Park Caretakers House Binder Park Caretakers House 5525 Henwick Lane, Jefferson City, MO 5518 Rainbow Dr., Jefferson City, MO 18 Binder Park Caretakers House Binder Campground Bath House 5422 Rainbow Dr., Jefferson City, MO 114 Campground Ct., Jefferson City, MO Memorial Park Aquatic Center Washington Park Caretakers House 120 Binder Drive, Jefferson City, MO 900 Indiana St., Jefferson City, MO Washington Park Maintenance Building Green Berry Acres indoor cabin 810 Myrtle Ave., Jefferson City, MO 1915 Green Berry Road, Jefferson City, MO Washington Park Recreation Center Washington Park Ice Arena 1203 Missouri Blvd., Jefferson City, MO Non ice related equipment only 711 Kansas Ave., Jefferson City, MO Oak Hills Golf Course Clubhouse Golf Course Maint. & Operations Ctr. 932 Ellis Blvd., Jefferson City, MO 930 Ellis Blvd., Jefferson City, MO Parks Maint & Operations Center McClung Indoor Pavilion 935 Ellis Blvd., Jefferson City, MO 931 McClung Park Dr., Jefferson City, MO McClung Park Little Theater Bldg. Shikles Recreation Ctr (LaSallette Bldg.) 1005 Chestnut St., Jefferson City, MO 1200 Linden Dr., Jefferson City, MO Riverside Park Historic House Optimist Sports Complex 401 Ellis Porter Dr., Jefferson City, MO 2000 Optimist Ct., Jefferson City, MO North Jefferson City Multipurpose Bldg. 810 Sandstone, Jefferson City, MO And any other location added by the City of Jefferson after the contract has commenced. Those locations to be serviced IF the County of Cole participates in this bid and award will be determined by the county at the time of participation. Please note item 12 paragraphs one through three of BID INFORMATION AND REGULATIONS. Those locations to be serviced IF the Jefferson City Housing Authority participates in this bid and award will be determined by the Housing Authority at the time of participation. Please note item 12 paragraphs one through three of BID INFORMATION AND REGULATIONS. 19 SUBMIT ORIGINAL AND ONE COPY OF THIS PAGE BIDDER RESPONSE YEAR ONE Maintenance Work Prevailing Wage Work Labor Rate Per Hour Labor Rate Per Hour Cost per Hour-Normal Working Hours Commercial 7 C .A1-ro Residential �o 9 (i-t) Cost per Hour-Overtime Working Hours Commercial 6 o4r-v Residential ' loo4-z_4.-3 Cost per Hour-Sunday and Holiday Hours Commercial ' 7 0 :1/4:1-o /6 2:5�v Residential 7oc�-v /0 7. 4-0 YEAR TWO Maintenance Work Prevailing Wage Work Labor Rate Per Hour Labor Rate Per Hour Cost per Hour-Normal Working Hours Commercial S 3 y- ��z Residential 3 Cost per Hour-Overtime Working Hours Commercial it 3 may;,N Residential G 3 4-0 LSCS Cost per Hour-Sunday and Holiday Hours Commercial 7 3 1fOC.t,,�, Residential 4-1 i c (ptc 20 SUBMIT ORIGINAL AND ONE COPY OF THIS PAGE YEAR THREE Maintenance Work Prevailing Wage Work Labor Rate Per Hour Labor Rate Per Hour Cost per Hour—Normal Working Hours Commercial ',S-6 *...0 v S - ,-- Residential `lS'V ,:` 4 Ss-te0 Cost per Hour—Overtime Working Hours Commercial 4t-G.6 cam-. t Ge- t, Residential �(t) .i.4-,3 6 CC Cost per Hour—Sunday and Holiday Hours w Commercial '1 b a/ a_ 4--c Residential -1 b e-o /0 ,V--Ci Discount for prompt payment on invoices only=%days. (Discount will not be evaluated on bid.) The prices contained in this bid are firm for it S days. Are the items bid manufactured,produced or assembled in the United States? YES NO Do you represent a disadvantaged business enterprise? YES NO.L Do you represent a woman owned business enterprise? YES NO-4. Do you agree to cooperative procurement by Cole County? YES NO Do you agree to cooperative procurement by the Housing Authority? YES. .NO_ Bid tabulation to be sent to fax number 5-7 3 -- (: 3 v - 2-2-3e NAME OF COMPANY Cc„,4e4,I\ . lass, u-7-CS AGENT AND TITLE %i 4kl - P1 P.-eel J ADDRESS `1 3!(7 itt c c_ qc.-f v u,,, (ti I A/L.o 6 s t 0 r TELEPHONE 5--73- &3s-. z YI DATE '/l Z-0 ilk BIDDER SIGNATURE " Formof . J �J Business: Sole Pro 'eto Partnership _0 Corporation _Limited liability Corporation 21 NOTICE TO BIDDERS Section 285.525-285.550 RSMo Effective January 1,2009 Effective January 1,2009 and pursuant to RSMO 285.530(1),No business entity or employer shall knowingly employ, hire for employment,or continue to employ an unauthorized alien to perform work within the state of Missouri. As a condition for the award of any contract or grant in excess of five thousand dollars by the state or by any political subdivision of the state to a business entity,or for a any business entity receiving a state administered or subsidized tax credit,tax abatement,or loan from the state,the business entity shall,by sworn affidavit and provision of documentation,affirm its enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. Every such business entity shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. [RSMO 285.530(2)] An employer may enroll and participate in a federal work authorization program and shall verify the employment eligibility of every employee in the employer's hire whose employment commences after the employer enrolls in a federal work authorization program. The employer shall retain a copy of the dated verification report received from the federal government. Any business entity that participates in such program shall have an affirmative defense that such business entity has not violated subsection 1 of this section. (RSMO 285.530(4)] For vendors that are not already enrolled and participating in a federal work authorization program, E- Verify is an example of this type of program. Information regarding E-Verify is available at http://www.dhs.gov/xprevprot/programs/gc 1185221678150.shtm. 22 Affidavit of Compliance with Section 285.525-285.550 RSMo For All Agreements in Excess of$5,000.00 Effective January 1,2009 State of 1 ' sSo r, )ss County of (.,b ( ) Before me,the undersigned Notary Public, in and for the County of C 1-e_ State of �s S personally appeared yv � , i r1t a+leyy . w- ow- (nam4),name of comeany),(a corporation),(a partnership),(a sole proprietorship),a limited liability company) and is authorized to make this affidavit,and being duly sworn upon oath deposes and says as follows: (1) that said company is enrolled in and participates in a federal work authorization program with respect to the employees working in connection with the contracted services;and (2) that said company does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. The terms used in this affidavit shall have the meaning set forth in Section 285.500 RSMo.,et seq. Documentation of participation in a federal work authorization program is attached to this affidavit. Signature / _J Name ,0- r 1-� , 42-,;, — 1 Subscribed and sworn to before me this _ day of , _ oeag: Notary Public SUE L. SCHLOTZ aoa Notary Public-Notary Seal My commission expires: O STATE OF MISSOURI County of Cole My Commission Expires 4/27/2020 Commission# 12480837 23 _1 E-VeriIy ti a Company ID Number: 323906 Approved by: Employer Centech and Associates Name(Please Type or Print) Title Timothy J Prenger Signature Date Electronically Signed eUlUU how Ida 0 Department of Homeland Security—Verification Division Name(Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 05/03/2010 Page 13 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 • . --- =�,�i •••wu- l,ompanv information Page 2 of 3 State Zip Code Additional Information Employer Identification Number 43165377 Total Number of Employees 1 to 4 Parent Organization P&B Heating and Cooling Inc. Administrator Organization Designation Employer Category None of these categories apply View/Edit I NAICS Code 541 - PROFESSIONAL, SCIENTIFIC, AND TECHNICAL SERVICES I View/Edit I Total Hiring Sites 1 I View/Edit I Total Points of Contact 1 I View/Edit I View Original MOU Template IView MOU I https://e-verify.uscis.gov/web/EmployerWizard.aspx 4/20/2018 SUBMIT ORIGINAL AND ONE COPY OF THIS PAGE CONTACTOR'S QUALIFICATION (TO BE COMPLETED AND TURNED IN WITH THE BID.) NAME OF CONTRACTOR: C ` LI it A`-r ci c.de Type of Service Business: %3 Residential& Light Commercial HVAC Commercial Refrigeration ?' Commercial HVAC )o Industrial Type of Equipment Serviced: 1-30 Ton Direct Expansion System 20 Chillers Boilers Pumps& Piping Systems (\ Electric Temperature Controls Pneumatic Temperature Controls Type of HVAC Systems Experience: ?� Dual Duct A' Variable Air Volume X: Reheat Constant Volume Hot Water X Chilled Water l� Residential >0 Light Commercial Number of Permanent Service Employees 3 Cumulative Years of Experience /0 Number of Years In Business A.S. City of Jefferson License Number q 3 0a 5 i Company Name CF„ 'I' f Assccoteks Title Prest c/x,ik"" 25 SUBMIT ORIGINAL AND ONE COPY OF THIS PAGE STAFF AND EXPERIENCE List total number of staff assigned to this work: Vendor shall list the staff and their experience to be assigned to the City of Jefferson work: Attach additional sheets where needed. Name •,,,, Y; � . Classification `,J v Years with this firm Z S Years of experience: Commercial 3 S Residential 3-5- Description Description of Experience 1-11/4) _l.,a4 ( Name �j a B 16Classification Years with this firm ZS Years of experience: Commercial .3 S Residential 3 5 Description of Experience /4 4 c ,,Z{ Q. v- Name fiiS-t) j Classification 7,M,,, Years with this firm ( 6 Years of experience: Commercial ay Residential 2--c Description of Experience /4-.. AN (- Name Classification Years with this firm Years of experience: Commercial Residential Description of Experience 26 SUBMIT ORIGINAL AND ONE COPY OF THIS PAGE REFERENCES Bidders must submit names and addresses of at least four(4) references for commercial and residential services where services have been performed in the last year. The bidder shall have experience with systems that are the same as the systems in the Whitecotton (Police Department)and Christy(City Hall) buildings. The Animal Shelter building has a Variable Refrigerant Volume System by Dykon. At least one individual must be certified for work on this system. At least two (2)of the references must be with these type systems. COMMERCIAL: Name of Firm C:-\--1 0 Te- Add ress e Address 3 zo L .1k 6:441 Contact Person Telephone No. S-7 3 -- - <F24:4. System Type �1<< c-•'4- � -1 Y yp y y Date of Services of o -I- Brief Description of Services: /-4;,A (L ;r ti 14 Name of Firm Address ( S 3 S F , r ,Y t_ c (14.0 6$ro Contact Person Lk Telephone No. S'7 3 - Ls/f- 7 y,.l System Type 4v a L jot:l( Date of Services Z c Brief Description of Services: L i2, 4 jnit � � Name of Firm Go o Address 3.5-5-c, (�. .�,�,.� C 1,1, tL. i AA, 6;t o � — `-FSP NContact Person 7yf Telephone No. deter System Type ,41.,Xl L Date of Services - Brief Description of Services: /4-v4 C i 27 Name of Firm Address Contact Person Telephone No. System Type Date of Services Brief Description of Services: RESIDENTIAL: Name of Firm .v Met Address 2 11 W O-01 Apt (14 NWS yvvo Gsov3 Contact Person k:,�� W� , Telephone No. S'7 3 & 9 - :I/ System Type I;1- s Date of Services Brief Description of Services: 14v AL. Q,. �1 ,, 6-1..10J14,-,i- Name 1, a„,-,#Name of Firm Pe s Address (Dot w . ,til S T at-t.v t'Sip 4 Contact Person o s L To 6:x4 Telephone No. S ?3 - 11 i -F 7 57 System Type SO. N u c_ �j d t .t r o-c.{f,,f,,L_ Date of Services Brief Description of Services: f-1 v r. Na, Name of Firm Address Contact Person Telephone No. System Type Date of Services Brief Description of Services: 28 Name of Firm Address Contact Person Telephone No. System Type Date of Services Brief Description of Services: Individual certified to work on the Variable Refrigerant Volume System by Dykon: „A. -ptt-enni 4-N-S•Ilt) 29 SUBMIT ORIGINAL AND ONE COPY DISADVANTAGED BUSINESS UTIUZATION AGREEMENT A. The bidder agrees to attempt to expend at least 2.12 percent of the contract, if awarded,for Disadvantaged Business Enterprise (DBE). For purposes of this goal,the term "Disadvantaged Business Enterprise"shall mean a business: 1. Which is at least 51 percent owned by one or more minorities or women,or, in the case of a publicly owned business, at least 51 percent of the stock of which is owned by one or more minorities or women;and 2. Whose management and daily business operations are controlled by one or more such individuals. "Disadvantaged Group Member" or"Disadvantaged" means a person who is a citizen or lawful permanent resident of the United States, and who is: 1. Black (a person having origins in any of the black racial groups of Africa); 2. Hispanic (a person of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean Island, regardless of race); 3. Asian American (a person having origins in any of the original peoples of the Far East,Southeast Asia,the Indian sub-continent,or the Pacific Islands); 4. American Indians and Alaskan Native (a person having origins in any of the original peoples of North America); 5. Member of other groups, or other individuals,found to be economically and socially disadvantaged by the Small Business Administration under Section 8(a) of the Small Business Act, as amended [15 U.S.C. 637(a)]. 6. A female person who requests to be considered as an DBE, and who "owns"and "controls" a business as defined herein. Disadvantaged Business Enterprises may be employed as contractors, subcontractors, or suppliers. 30 B. The bidder must indicate the Disadvantaged Business Enterprise(s) proposed for utilization as part of this contract as follows: Name and Addresses Nature of Dollar Value of Of DBE Firms Participation Participation Total Bid Amount: Total Percentage of Disadvantaged Business Enterprise Participation: 0 % C. The bidder agrees to certify that the disadvantaged business firm(s) engaged to provide materials or services in the completion of this project: (a) is a bona fide Disadvantaged Business Enterprise; and (b) has executed a binding contract to provide specific materials or services for a specific dollar amount. A roster of bona fide Disadvantaged Business Enterprise firms will be furnished by the City of Jefferson. The bidder will provide written notice to the Liaison Officer of the City of Jefferson indicating the Disadvantaged Business Enterprise(s) it intends to use in conjunction with this contract. This written notice is due five days after notification to the lowest bidder. Certification that the Disadvantaged Business Enterprise(s) has executed a binding contract with the bidder for materials or services should be provided to the DBE Coordinator at the time the bidder's contract is submitted to the DBE Coordinator. D. The undersigned hereby certifies that he or she has read the terms of this agreement and is authorized to bind the bidder to the agreement herein set forth. Date y 2<:(11 e ' ,v,o411. ja.✓ Name of Authorized Officer Sign�t e of oilrized Officer J 31 ATTACHMENT A-SAMPLE CONTRACT ATTACHMENT B-PREVAILING WAGE -COLE COUNTY PREVAILING WAGE-CALLAWAY COUNTY 32 SAMPLE CITY OF JEFFERSON HEATING,AIR CONDITIONING AND REFRIGERATION AGREEMENT THIS AGREEMENT made and entered into the date last executed by a party as indicated below,by and between the City of Jefferson, Missouri, a municipal corporation, hereinafter referred to as "City," and hereinafter referred to as"Contractor." WHEREAS,the City of Jefferson, Missouri, is desirous of obtaining maintenance, repair and replacement services for City heating, air conditioning and refrigeration units; and WHEREAS, Contractor is willing to enter into this agreement with respect to their employment and services upon the terms and conditions herein set forth. NOW, THEREFORE,be it agreed as follows: 1. Scope of Services. Contractor agrees to provide all supervision, labor, tools, equipment, materials and supplies for the preventative maintenance, service, repairs,replacement or related work on City heating, air conditioning and refrigeration systems which include the following City buildings: Police Department Fire Training and Storage Building 401 Monroe Street, Jefferson City, MO 911 E. Miller Street, Jefferson City, MO Water Pollution Control Plant Collections System Maintenance (and related buildings) 2320 Hyde Park Road, Jefferson City, MO 401 Old Mokane Road, Jefferson City, MO Animal Control Fire Station No. 1 919 E. Miller Street,Jefferson City, MO 621 W. High Street, Jefferson City, MO Fire Station No. 2 Fire Station No. 3 2400 E. McCarty Street, Jefferson City,MO 302 Rock Hill Road, Jefferson City, MO Fire Station No. 4 Fire Apparatus Building 820 Ellis Boulevard, Jefferson City, MO 2320 Hyde Park Road, Jefferson City, MO Fire Station No. 5 Parking Division 1005 Fairgrounds Road, Jefferson City,MO 201 Madison Street, Jefferson City, MO Jefferson City Memorial Airport Street Division (All related buildings) 901 E. Miller Street,Jefferson City, MO City Annex Fire Drill Tower 427 Monroe Street, Jefferson City,MO 915 E.Miller Street,Jefferson City, MO 305 E. Miller Street,Jefferson City, MO John G. Christy Building Transit/Central Maintenance Facility 320 E.McCarty Street, Jefferson City,MO 820 E.Miller Street,Jefferson City, MO Binder Park- Caretakers House Memorial Park Aquatic Center 5525 Henwick Lane,Jefferson City,MO 120 Binder Drive, Jefferson City, MO - 1 - SAMPLE Binder Park - Caretakers House Washington Park - Caretakers House 518 Rainbow Drive, Jefferson City, MO 900 Indiana Street, Jefferson City, MO Binder Park- Caretakers House Animal Control Shelter 5422 Rainbow Drive,Jefferson City, MO 2308 Hyde Park Road, Jefferson City, MO Binder Campground-Bath House Washington Park Recreation Center 114 Campground Court, Jefferson City,MO 1203 Missouri Boulevard, Jefferson City,MO Washington Park Maintenance Building Golf Course Maintenance & Operations Ctr 810 Myrtle Avenue, Jefferson City, MO 930 Ellis Boulevard,Jefferson City, MO Park Maintenance & Operations Center Historic House - Riverside Park 935 Ellis Boulevard,Jefferson City, MO 401 Ellis Porter Drive,Jefferson City, MO McClung Park-Indoor Pavilion McClung Park- Little Theater Bldg. 931 McClung Park Drive, Jefferson City, MO 1005 Chestnut Street, Jefferson City, MO Washington Park Ice Arena Optimist Sports Complex (NON ICE RELATED EQUIPMENT ONLY) 2000 Optimist Court, Jefferson City, MO 711 Kansas Avenue, Jefferson City, MO Shikles Rec Center(LaSalette Building) Street Division 1200 Linden Drive, Jefferson City, MO 2310 Hyde Park Road Oak Hills Golf Course Clubhouse Church Annex 932 Ellis Boulevard 415 Monroe Street North Jefferson City Multipurpose Bldg. Binder Sports Complex Rest/Concession 810 Sandstone, Jefferson City, MO 280 S. Binder Lake Road, Jefferson City, MO Green Berry Acres Indoor Cabin 1915 Green Berry Road, Jefferson City, MO and any other location added by the City of Jefferson after the contract has commenced. 2. Contract Period. This contract shall be in effect from , 2018 through , 2019. With the consent of both parties, the contract may be extended for two(2) additional one (1)year periods provided notice of intent to extend is given by Contractor at least ninety (90) days prior to any expiration date. 3. Payment. Payment shall be made to Contractor by City on a monthly basis following the submission by Contractor of an itemized,.detailed statement of services rendered, which shall be presented to the Finance Department of the City no later than the fifth(5th) day of the month following rendition of the services. 4. Indemnity. Contractor agrees to indemnify and hold harmless the City for any and all damages, injuries, actions, costs, attorney's fees and other expenses whatsoever arising out of the performance of said work whether the property or persons damaged are the servants and employees of the Contractor or third parties in no manner connected with said work. - 2 - SAMPLE 5. Response Time. Repair service is to be provided on same day the call is received for on next regular working day. In the event emergency service is required, after regular work day, Contractor will be paid the overtime labor rate. 6. Prevailing Ware Law. To the extent that the work performed by Contractor is subject to prevailing wage law, the Contractor and all subcontractors shall pay not less than the prevailing wage hourly rate for each craft or type of workman required to execute this contract as determined by the Department of Labor and Industrial Relations of Missouri, pursuant to Sections 290.210 through 290.340 inclusive, RSMo. 7. Rates. Service will be provided at the following rates: maintenance work prevailing wage work (labor rate per hour) (labor rate per hour) YEAR ONE COST PER HOUR (normal working hours) Commercial $ $ Residential $ $ COST PER HOUR (overtime work hours) Commercial $ $ Residential $ $ COST PER HOUR (overtime, Sunday and holiday) Commercial $ $ Residential $ $ YEAR TWO COST PER HOUR (normal working hours) Commercial $ $ Residential $ $ COST PER HOUR (overtime work hours) Commercial $ $ Residential $ $ COST PER HOUR (overtime, Sunday and holiday) Commercial $ $ Residential $ $ YEAR THREE COST PER HOUR (normal working hours) - 3 - SAMPLE Commercial $ $ Residential $ $ COST PER HOUR (overtime work hours) Commercial $ $ Residential $ $ COST PER HOUR (overtime, Sunday and holiday) Commercial $ $ Residential $ $ 8. Parts and Materials. In the event the City does not provide materials or supplies,the Contractor shall provide same and will be reimbursed for his costs for which he shall provide invoices. All work shall be according to the provisions of the appropriate codes and regulations of the City, state and federal governments. 9. Unclassified Work. Should the nature of a repair require labor, equipment and/or material not susceptible to classification under any items scheduled in the contract, the City can authorize the use of the unclassified labor. The rule for unclassified labor shall be the number of hours actually worked and the repairs plus reasonable travel time and will consist of the individual's hourly rate plus hourly fringe benefits plus employer's payroll contributions with a fifteen percent (15%)additional for overhead and profit. Payment for equipment not susceptible to classification under any scheduled items in the contract will be limited to: A. For equipment rented by the vendor, the actual rental paid plus fifteen percent(15%)for overhead and profit. B. For equipment owned by the vendor, the monthly rental rate charged by recognized rental organizations times the number of hours the equipment was necessary for repairs plus reasonable travel time from the storage location to the site, all divided by one hundred seventy-six (176)hours. Payment for material not susceptible to classification under any scheduled items in the proposal will be applicable column price plus fifteen percent(15%)for overhead and profit. Prior to payment being authorized, the Contractor shall submit an itemized breakdown of the unclassified labor, equipment and/or material. The breakdown shall include information and documentation sufficient to substantiate the Contractor's claim. 10. Inspection. Unless the nature and extent of the work is known to the City, the Contractor will first receive a request to inspect the proposed work and provide a written report of the following to Purchasing Agent or his designee: A. Description of the work necessary. B. A list of the materials,parts, and supplies needed to complete the work. C. An estimate of work hours. - 4 - SAMPLE 11. Authorization to Repair. Once the Department Director determines the estimate of work hours and material, parts and supplies required are reasonable, the report will be forwarded to the appropriate department for preparation of a requisition for the work. In the event that the repair is of an emergency nature, Contractor shall proceed to make the repair as expeditiously as possible and secure all necessary paperwork after the repair is completed. 12. Reports. The contractor shall maintain a monthly log of all service performed that month, if any. The monthly log shall remain on the premises of each building at a mutually agreed upon location accessible to both the contractor and the designated contact person for each City building. The City shall maintain a monthly log of any service inadequately performed. The contractor shall review this monthly log and correct services within twenty-four(24)hours that were inadequately performed. The contractor must indicate on this form that he has corrected the service that was inadequately performed. The log will be located in each building accessible to both the contractor and the City contact person for each building. 13. Visit Notice. Contractor shall sign in at site locations and enter the date, time in and time out of each service visit, and name and service level (shopman,journeyman, etc.)of the individual performing the service. 14. Identification. Employees of the Contractor shall have proper identification and present same prior to servicing. Identification must show the employee's service level(shopman,journeyman, etc.) 15. Normal Work Hours. Normal working hours are 8:00 a.m. to 5:00 p.m.on weekdays. Overtime hours are 5:00 p.m. to 8:00 a.m., weekdays; Saturday, Sunday and Holiday hours from 12:01 a.m. to 12:00 p.m. The quantity of work during normal work hours for which payment will be made will be for work man hours actually performed at the site. Payment for normal work hours will be paid for the quantity as above determined at the unit price shown above, which price includes cost of labor, equipment normally associated with the type of repair, travel, benefits, overhead,profit, insurance and else necessary therefor and incidental thereto. 16. Overtime Work Hours. The quantity of work during the overtime work hours for which payment will be made will be the number of overtime work man hours actually performed at the site. Payment for overtime work hours will be paid for the quantity as above determined at the unit price bid for the item overtime work hours,in the proposal, which price includes costs of labor, equipment normally associated with the type of repairs, travel, benefits, overhead, profit, insurance and all else necessary therefore and incidental thereto. 17. Insurance. Contractor agrees to obtain and maintain throughout the term of this contract - 5 - SAMPLE A. Workmen's Compensation Insurance for all of its employees to be engaged in work under this contract. B. Contractor's Public Liability Insurance in an amount not less than $3,000,000 for all claims arising out of a single occurrence and $500,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo., and Contractor's Property Damage Insurance in an amount not less than $2,000,000 for all claims arising out of a single accident or occurrence and $300,000 for any one person in a single accident or occurrence. The City shall be endorsed as an additional insured on any such policy for the entire term of this contract; C. Automobile Liability Insurance in an amount not less than $3,000,000 for all claims arising out of a single accident or occurrence and $500,000 for any one person in a single accident or occurrence. E. Subcontracts - In case any or all of this work is sublet, the Contractor shall require the Subcontractor to procure and maintain all insurance required in Subparagraphs (a), (b), and(c)hereof and in like amounts. F. The Certificates of Insurance furnished to the City showing proof of compliance with these insurance requirements shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least fifteen days prior written notice has been given to the City. 18. Performance Bond. This contract is to include all maintenance and new units that are bid and will be approximately $50,000.00 per year. A performance and payment bond in an amount equivalent to one hundred percent (100%) of the contract price must be furnished and executed by the successful bidder or bidders. The issuing surety shall be a corporate Surety Company or companies of recognized standing licensed to do business in the State of Missouri and acceptable to the City of Jefferson. 19. Contract Documents. The contract documents shall consist of the following: a. This Contract f. General Provisions b. Addenda g. Special Provisions c. Information for Bidders h. Technical Specifications d. Notice to Bidders i. Drawings and/or sketches e. Signed Copy of Bid This contract and the other documents enumerated in this paragraph, form the Contract between the parties. These documents are as fully a part of the contract as if attached hereto or repeated herein. 20. Reserved Rights of the City. The City reserves the right to separate any individual unit or location from coverage in this contract and to pursue any other methods of servicing that it desires. 21. Failure to Perform. Should Contractor fail to provide services as set forth pursuant to this contract, or fail to meet any of the contract provisions, this contract may be canceled at the sole option of the City upon giving five (5)days written notice to Contractor. - 6 - SAMPLE 22. Illegal Immigration. Prior to commencement of the work: a. Contractor shall; by sworn affidavit and provision of documentation, affirm its enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. b. Contractor shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. c. If contractor is a sole proprietorship, partnership, or limited partnership, contractor shall provide proof of citizenship or lawful presence of the owner prior to issuance of the Notice to Proceed 23. OSHA Training. a. Contractor shall provide a ten-hour Occupational Safety and Health Administration (OSHA) construction safety program for their on-site employees which includes a course in construction safety and health approved by OSHA or a similar program approved by the department which is at least as stringent as an approved OSHA program. b. All employees subject to this provision are required to complete the program within sixty days of beginning work on such construction project. c. Any employee, agent or subcontractor of the Contractor subject to this provision found on a worksite without documentation of the successful completion of the course shall be afforded twenty days to produce such documentation after which time they shall be removed from the project. d. If Contractor fails the provisions of subsection B, C, or D, the Contractor shall forfeit as a penalty two thousand five hundred dollars plus one hundred dollars for each employee employed by the contractor or subcontractor, for each calendar day, or portion thereof, such employee is employed without the required training. The penalty shall not begin to accrue until the time period in subsections A or B, whichever is applicable, of this section have elapsed. e. The City shall withhold and retain from any amount due under the contract, all sums and amounts due and owing as a result of any violation of this section when making payments to the contractor under the contract. The contractor may withhold from any subcontractor, sufficient sums to cover any penalties the City has withheld from the contractor resulting from the subcontractor's failure to comply with the terms of this section. 24. Cancellation. This contract shall be subject to cancellation by the City at any time following fifteen (15) days notice. 25. Notices. All notices, consents, authorizations, requests and statements hereunder shall be deemed to have been properly given if delivered by and or mailed by first class United States mail, postage prepaid, to the City of Jefferson, 320 East McCarty, Jefferson City, Missouri, 65101, and if to the Contractor at CITY OF JEFFERSON,MISSOURI CONTRACTOR Mayor Title: Date: Date: - 7 - SAMPLE ATTEST: ATTEST: City Clerk Title: APPROVED AS TO FORM: City Counselor - 8 - SAMPLE Federal Funds To be Used The majority of work under this agreement will be funded through City of Jefferson budgeted funds. Work in two divisions, Transit and Central Maintenance, may be funded through the Federal Transit Administration. As a recipient of Federal Transit Administration funds; the following requirements shall be fully considered in preparing bids and performing any work using FTA funds. No Obligation by the Federal Government. (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract)pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. Access to Records The following access to records requirements apply to this Contract: 1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(I), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at - 9 - SAMPLE 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. 2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at$100,000. 3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non- profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations,excerpts and transcriptions. 4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(I)(11). 7. FTA does not require the inclusion of these requirements in subcontracts. Federal Changes The contractor shall at all times comply with all applicable FTA regulations,policies,procedures and directives, including without limitation those listed directly or by reference in the Agreement (Form FTA MA(10) dated October, 2003) between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. Civil Rights The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the - 10 - SAMPLE Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed. National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 el seg., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination;rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition,the Contractor agrees to comply with any implementing requirements FTA may issue. (b)Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. ( c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. Termination of Contract a. Termination for Convenience (General Provision) The (Recipient) may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to (Recipient) to be paid the Contractor. If the Contractor has any property in its possession belonging to the (Recipient), the Contractor will account for the same, and dispose of it in the manner the (Recipient) directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the (Recipient) may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. - 11 - SAMPLE If it is later determined by the (Recipient) that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the (Recipient), after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from (Recipient) setting forth the nature of said breach or default, (Recipient) shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude (Recipient) from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. e. Termination for Convenience (Professional or Transit Service Contracts) The (Recipient), by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. f. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient)may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. j. Termination for Convenience of Default (Cost-Type Contracts) The (Recipient) may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the (Recipient) or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the (Recipient), or property supplied to the Contractor by the (Recipient). If the termination is for default, the (Recipient) may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the (Recipient) and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the (Recipient), the Contractor shall be paid its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. - 12 - SAMPLE If, after serving a notice of termination for default, the (Recipient) determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the (Recipient), after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. Disadvantaged Business Enterprise To the extent required by Federal law, regulation, or directive, the Recipient agrees to take the following measures to facilitate participation by disadvantaged business enterprises (DBE) in the Project: (1) The Recipient agrees and assures that it will comply with TEA-21 § 1101(b), 23 U.S.C. § 101 note, and U.S. DOT regulations, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs," 49 C.F.R. Part 26. (2) The Recipient agrees and assures that it shall not discriminate on the basis of race, color, sex, or national origin in the award and performance of any third party contract, or subagreement supported with Federal assistance derived from U.S. DOT or in the administration of its DBE program and will comply with the requirements of 49 C.F.R. Part 26. The Recipient agrees to take all necessary and reasonable steps set forth in 49 C.F.R. Part 26 to ensure nondiscrimination in the award and administration of all third party contracts and subagreements supported with Federal assistance derived from U.S. DOT. As required by 49 C.F.R. Part 26 and approved by U.S. DOT, the Recipient's DBE program is incorporated by reference and made part of the Grant Agreement or Cooperative Agreement. The Recipient agrees that implementation of this DBE program is a legal obligation, and that failure to carry out its terms shall be treated as a violation of the Grant Agreement or Cooperative Agreement. Upon notification by U.S. DOT to the Recipient of its failure to implement its approved DBE program, U.S. DOT may impose sanctions as provided for under 49 C.F.R. Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001, and/or the Program Fraud Civil Remedies Act, 31 U.S.C. §§ 3801 et seq. Incorporation of FTA Terms The Recipient and contractor certify that terms in FTA C 4220.1E which replaces FTA C4220.1D will be incorporated into contracts and sub-contracts. Debarment and Suspension This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the City of Jefferson. It if is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the City of Jefferson, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Davis Bacon and Copeland Anti-Kickback Acts - 13 - SAMPLE (1)Minimum wages - (I)All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (u) (A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and (2)The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4)With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve,/modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. - 14 - SAMPLE (C)In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (v)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2)The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C)In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting - 15 - SAMPLE officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(v) (B) or ( C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (2) Withholding - The City of Jefferson shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the City of Jefferson may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records - (I) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the City of Jefferson for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(I) of Regulations, 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(I) of Regulations, 29 CFR part 5 and that such information is correct and complete; - 16 - SAMPLE (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned,without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B)of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(I)of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4)Apprentices and trainees - (I)Apprentices -Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau,or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program.Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeshipprogram does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification.If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor - 17 - SAMPLE will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. 1. (5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements - All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility - (I) By entering into this contract, the contractor certifies that - 18 - • SAMPLE neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis- Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii)The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Contract Work Hours and Safety Standards (1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he.or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1)of this section. (3) Withholding for unpaid wages and liquidated damages - The (write in the name of the grantee) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1)through(4)of this section. Energy Conservation Requirements The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. - 19 - r----- Missouri Division of Labor Standards WAGE AND HOUR SECTION T* `\s> _ .> " i fro- , c I:,,..ss,„\•vf-‘2 i,..,,,&_,.._.._.p.,,,,,=,,._r—-,,.,',.z.f ..,„„ :,,,,,,,,,,L,_, zr, wy�occcx o ERIC R. GREITENS, Governor Annual Wage Order No. 24 Section 026 COLE COUNTY In accordance with Section 290.262 RSMo 2000, within thirty (30) days after a certified copy of this Annual Wage Order has been filed with the Secretary of State as indicated below, any person who may be affected by this Annual Wage Order may object by filing an objection in triplicate with the Labor and Industrial Relations Commission, P.O. Box 599, Jefferson City, MO 65102-0599. Such objections must set forth in writing the specific grounds of objection. Each objection shall certify that a copy has been furnished to the Division of Labor Standards, P.O. Box 449, Jefferson City, MO 65102-0449 pursuant to 8 CSR 20-5.010(1). A certified copy of the Annual Wage Order has been filed with the Secretary of State of Missouri. Original Signed by Tammy Cavender Acting Department Director Division of Labor Standards This Is A True And Accurate Copy Which Was Filed With The Secretary of State: March 10,2017 Last Date Objections May Be Filed: April 10,2017 Prepared by Missouri Department of Labor and Industrial Relations Building Construction Rates for REPLACEMENT PAGE Section 026 COLE County Basic Over- OCCUPATIONAL TITLE **Date of Hourly Time Holiday Total Fringe Benefits Increase ' Rates Schedule Schedule Asbestos Worker(H&F)Insulator $32.42 55 60 $22.40 Boilermaker $35.41 126 7 $30.38 Bricklayer and Stone Mason $29.76 59 7 $17.44 Carpenter 6/17 $25.34 60 15 $16.85 Cement Mason $27.82 9 3 $12.92 Communication Technician 6/17 $32.00 28 7 $13.37+ 13% Electrician(Inside Wireman) 6/17 $32.00 28 7 $13.37+ 13% Electrician(Outside-Line Construction1Lineman) $43.50 43 45 $5.50+36% Lineman Operator $37.48 43 45 $5.50+36% Groundman $28.86 43 45 $5.50+36% Elevator Constructor 6/17 a $47.07 26 54 $33.275 Glazier 6/17 $27.32 122 76 Ironworker $28.96 11 8 $24.99 Laborer(Building): General $23.01 42 44 $13.54 First Semi-Skilled $25.01 42 44 $13.54 Second Semi-Skilled $24.01 42 44 $13.54 Lather USE CARPENTER RATE Linoleum Layer and Cutter 6/17 $25.22 60 15 $16.85 Marble Mason 6/17 $22.24 124 74 Marble Finisher 6/17 $13.05 Millwright $14.35 124 74 $9.52 6/17 $26.34 60 15 Operating Engineer $16.85 Group I 6/17 ..Group II 6/17 $29.06 86 66 $26.00 $29.06 86 66 $26.00 Group III 6/17 $27.81 86 66 $26.00 Group III-A 6/17 $29.06 86 66 $26.00 Group IV 6/17 Group V 6/17 $26.83 86 66 $26.00 Gro PGrour 6/17 $29.76 86 66 $26.00 Pile Driver $23'89 18 7 $12.08 $26.16 60 15 $16.10 Pipe Fitter b $38.00 91 69 $26.93 Plasterer $26.33 94 5 $12.97 Plumber b $38.00 91 69 $26.93 Roofer 1 Waterproofer $29.30 12 4 $15.19 Sheet Metal Worker $31.34 40 23 $17.04 Sprinkler Fitter-Fire Protection $34.79 33 19 $20.17 Terrazzo Worker 6/17 $29.55 124 74 $14.76 Terrazzo Finisher 6/17 $19.22 124 74 $14.76 Tile Setter 6/17 $22.24 124 74 $13.05 Tile Finisher 6/17 $14.35 124 74 $9.52 Traffic Control Service Driver $26.415 22 55 $9.045 Truck Driver-Teamster Group I $25.30 101 5 $10.70 Group II $25.95 101 5 Group III $10.70 $25.45 101 5 $10.70 Group IV $25.95 101 5 $10.70 Fringe Benefit Percentage is of the Basic Hourly Rate **Annual Incremental Increase 'SEE FOOTNOTE PAGE ANNUAL WAGE ORDER NO.24 6/17 Building Construction Rates for Section 026 COLE County Footnotes 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 30-3.040(2). Use Heavy Construction Rates on Highway and Heavy construction in accordance with the classifications of construction work established in 8 CSR 30-3.040(3). a-Vacation: Employees over 5 years-8%; Employees under 5 years-6% b- All work over$7 Million Total Mechanical Contract-$38.00, Fringes-$26.93 All work under$7 Million Total Mechanical Contract-$36.66, Fringes-$21.49 **Annual Incremental Increase ANNUAL WAGE ORDER NO.24 3/17 COLE 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. 11: Means eight (8) hours shall constitute a day's work, with the starting time to be established between 6:00 a.m. and 8:00 a.m. from Monday to Friday. Time and one-half (1%) shall be paid for first two (2) hours of overtime Monday through Friday and the first eight(8) hours on Saturday. All other overtime hours Monday through Saturday shall be paid at double (2) time rate. Double (2) time shall be paid for all time on Sunday and recognized holidays or the days observed in lieu of these holidays. NO. 12: Means the work week shall commence on Monday at 12:01 a.m. and shall continue through the following Friday, inclusive of each week. All work performed by employees anywhere in excess of forty(40) hours in one (1)work week, shall be paid for at the rate of one and one-half (1%) times the regular hourly wage scale. All work performed within the regular working hours which shall consist of a ten (10) hour work day except in emergency situations. Overtime work and Saturday work shall be paid at one and one-half (11/2) times the regular hourly rate. Work on recognized holidays and Sundays shall be paid at two(2)times the regular hourly rate. NO. 18: Means the regular work day shall be eight (8) hours. Working hours are from six(6) hours before Noon (12:00) to six (6) hours after Noon (12:00). The regular work week shall be forty (40) hours, beginning between 6:00 a.m. and 12:00 Noon on Monday and ending between 1:00 p.m. and 6:00 p.m. on Friday. Saturday will be paid at time and one- half (11/2). Sunday and Holidays shall be paid at double (2) time. Saturday can be a make-up day if the weather has forced a day off, but only in the week of the day being lost. Any time before six (6) hours before Noon or six (6) hours after Noon will be paid at time and one-half(1'/). NO. 22: Means a regular work week of forty (40) hours will start on Monday and end on Friday. The regular work day shall be either eight(8) or ten (10) hours. If a crew is prevented from working forty(40) hours Monday through Friday, or any part thereof by reason of inclement weather, Saturday or any part thereof may be worked as a make-up day at the straight time rate. Employees who are part of a regular crew on a make-up day, notwithstanding the fact that they may not have been employed the entire week, shall work Saturday at the straight time rate. A workday is to begin between 6:00 a.m. and 9:00 a.m. However, the project starting time may be advanced or delayed if mutually agreed to by the interest parties. For all time worked on recognized holidays, or days observed as such, double(2)time shall be paid. NO. 26: Means that the regular working day shall consist of eight (8) hours worked between 6:00 a.m., and 5:00 p.m., five (5) days per week, Monday to Friday, inclusive. Hours of work at each jobsite 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 6:00 a.m. and 6:00 p.m., four(4) days per week, Monday to Thursday, inclusive. Any work performed on Friday, Saturday, Sunday and holidays, and before and after the regular working day on Monday to Thursday where a four (4) ten (10) hour day workweek has been established, will be paid at two times (2) the single time rate of pay. The rate of pay for all work performed on holidays shall be at two times(2)the single time rate of pay. AW024 026 OT.doc ANNUAL WAGE ORDER NO. 24 Page 1 of 5 COLE COUNTY BUILDING CONSTRUCTION - OVERTIME SCHEDULE NO. 28: Means a regular workday shall consist of eight (8) hours between 7:00 a.m. and 5:30 p.m., with at least a thirty (30) minute period to be taken for lunch. Five (5) days a week, Monday through Friday inclusive, shall constitute a work week. The Employer has the option for a workday/workweek of four(4)ten (10) hour days (4-10's) provided: -The project must be for a minimum of four(4) consecutive days. -Starting time may be within one(1) hour either side of 8:00 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 8:00 a.m. Monday and recognized holidays shall be paid at double (2) the straight time hourly rate of pay. Should employees work in excess of twelve (12) consecutive hours they shall be paid double time (2X) for all time after twelve (12) hours. Shift work performed between the hours of 4:30 p.m. and 12:30 a.m. (second shift) shall receive eight (8) hours pay at the regular hourly rate of pay plus ten (10%) percent for seven and one-half (7%) hours work. Shift work performed between the hours of 12:30 a.m. and 8:00 a.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 (12) hours during the regular working day shall be paid at two (2) times the regular hourly rate. In the event of rain, snow, cold or excessively windy weather on a regular working day, Saturday may be designated as a "make-up" day. Saturday may also be designated as a "make-up" day, for an employee who has missed a day of work for personal or other reasons. Pay for"make-up"days shall be at regular rates. AW024 026 OT.doc ANNUAL WAGE ORDER NO. 24 Page 2 of 5 COLE 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 8:00 a.m. and end at 5:00 p.m. The workweek shall commence at 8:00 a.m. on Monday and shall end at 4:30 p.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 (10) hour days Monday through Friday. If an Employer elects to work five (5) eight (8) hour days during any work week, hours worked more than eight (8) per day or forty (40) hours per week shall be paid at time and one-half (1%) 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%) 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%) 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 8:00 a.m. with one-half(1/2) hour for lunch between 3:30 a.m. and 5:00 a.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 10th 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. 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. 55: Means the regular work day shall be eight(8) hours between 6:00 a.m. and 4:30 p.m. The first two(2) hours of work performed in excess of the eight(8) hour work day, Monday through Friday, and the first ten (10) hours of work on Saturday, shall be paid at one & one-half (1Y2) times the straight time rate. All work performed on Sunday, observed holidays and in excess of ten (10) hours a day, Monday through Saturday, shall be paid at double (2) the straight time rate. NO. 59: Means that except as herein provided, eight(8) hours a day shall constitute a standard work day, and forty(40) hours per week shall constitute a week's work. All time worked outside of the standard eight (8) hour work day and on Saturday shall be classified as overtime and paid the rate of time and one-half (11/2). All time worked on Sunday and holidays shall be classified as overtime and paid at the rate of double (2) time. The Employer has the option of working either five (5) eight hour days or four(4) ten hour days to constitute a normal forty (40) hour work week. When the four (4) ten-hour work week is in effect, the standard work day shall be consecutive ten (10) hour periods between the hours of 6:30 a.m. and 6:30 p.m. Forty (40) hours per week shall constitute a week's work, Monday through Thursday, inclusive. In the event the job is down for any reason beyond the Employer's control, then Friday and/or Saturday may, at the option of the Employer, be worked as a make-up day; straight time not to exceed ten (10) hours or forty (40) hours per week. When the five day eight (8) hour work week is in effect, forty (40) hours per week shall constitute a week's work, Monday through Friday, inclusive. In the event the job is down for any reason beyond the Employer's control, then Saturday may, at the option of the Employer, be worked as a make-up day; straight time not to exceed eight(8) hours or forty(40) hours per week. The regular starting time(and resulting quitting time) may be moved to 6:00 a.m. or delayed to 9:00 a.m. Make-up days shall not be utilized for days lost due to holidays. AW024 026 OT.doc ANNUAL WAGE ORDER NO. 24 Page 3 of 5 COLE COUNTY BUILDING CONSTRUCTION - OVERTIME SCHEDULE NO. 60: Means the Employer shall have the option of working five 8-hour days or four 10-hour days Monday through Friday. If an Employer elects to work five 8-hour days during any work week, hours worked more than eight (8) per day or forty (40) per week shall be paid at time and one-half(1%) 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 make- up 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 6:30 a.m. and 6:30 p.m. in any week, work performed more than ten (10) hours per day or forty(40) hours per week shall be paid at time and one half(1%) the hourly wage rate plus fringe benefits Monday through Friday. If an Employer is working 10-hour days and loses a day due to inclement weather, the Employer may work ten (10) hours on Friday at straight time. All hours worked over the forty (40) hours Monday through Friday will be paid at time and one-half(1Y2) 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(11/2) 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: The regular workday shall consist of eight (8) consecutive hours, exclusive of a thirty (30) minute lunch period, with pay at the straight time rate with all hours in excess of eight (8) hours in any one day to be paid at the applicable overtime rate at time and one-half(1'/). The regular workday shall begin between the hours of 6:00 a.m. and 8:00 a.m. The Employer may have the option to schedule the work week from Monday through Thursday at ten (10) hours per day at the straight time rate of pay with all hours in excess of ten (10) hours in any one day to be paid at the applicable overtime rate at time and one-half (1'/). If the Employer elects to work from Monday through Thursday and is stopped due to inclement weather, holiday or other conditions beyond the control of the Employer, they shall have the option to work Friday at the straight time rate of pay to complete the forty (40) hours for the workweek. All overtime work performed on Monday through Saturday shall be paid at time and one-half(11/2) the hourly rate. Fringe benefits shall be paid at the one and one half the hourly rate. All work performed on Sundays and recognized holidays shall be paid at double (2) the hourly rate. Fringe benefits shall be paid at double the hourly rate. Shifts may be established when considered necessary by the Employer. Shift hours and rates will be as follows. If shifts are established, work on the First Shift will begin between 6:00 a.m. and 9:00 a.m. and consist of eight (8) hours of work plus one-half hour unpaid lunch. Hours worked during the first shift will be paid at the straight time rate of pay. The second shift shall start eight hours after the start of the first shift and consist of eight (8) hours of work plus one-half hour unpaid lunch. Work on the second shift will begin between 2:00 p.m. and 5:00 p.m. and be paid the straight time rate plus $2.50 per hour. The third shift shall start eight hours after the start of the second shift and consist of eight (8) hours plus one-half hour unpaid lunch. Work on the third shift will begin between 10:00 p.m. and 1:00 a.m. and be paid the straight time rate plus $3.50 per hour. The additional amounts that are to be paid are only applicable when working shifts. Shifts that begin on Saturday morning through those shifts which end on Sunday morning will be paid at time and one-half these rates. Shifts that begin on Sunday morning through those shifts which end on Monday morning will be paid at double time these rates. NO. 91: Means eight (8) hours shall constitute a day's work commencing at 7:00 a.m. and ending at 3:30 p.m., allowing one-half (1/2) hour for lunch. The option exists for the Employer to use a flexible starting time between the hours of 6:00 a.m. and 9:00 a.m. The regular workweek shall consist of forty (40) hours of five (5) workdays, Monday through Friday. The workweek may consist of four (4) ten (10) hour days from Monday through Thursday, with Friday as a make-up day. If the make-up day is a holiday, the employee shall be paid at the double (2) time rate. The employees shall be paid time and one-half (1Y2) 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. AW024 026 OT.doc ANNUAL WAGE ORDER NO. 24 Page 4 of 5 COLE COUNTY BUILDING CONSTRUCTION - OVERTIME SCHEDULE NO. 94: Means eight (8) hours shall constitute a day's work between the hours of 8:00 a.m. and 5:00 p.m. The regular workday starting time of 8:00 a.m. (and resulting quitting time of 4:30 p.m.) may be moved 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 9:00 a.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 6:30 a.m. and 6:30 p.m. Forty(40) hours per week shall constitute a week's work Monday through Thursday, inclusive. In the event the job is down for any reason beyond the Employer's control, then Friday and/or Saturday may, at the option of the Employer, be worked as a make-up day; straight time not to exceed ten (10) hours per day or forty (40) hours per week. Starting time will be designated by the employer. When the five (5) day eight (8) hour work week is in effect, forty(40) hours per week shall constitute a week's work, Monday through Friday, inclusive. In the event the job is down for any reason beyond the Employer's control, then Saturday may, at the option of the Employer, be worked as a make-up day; straight time not to exceed eight (8) hours per day or forty (40) hours per week. Make-up days shall not be utilized for days lost due to holidays. NO. 122: Means the regular workday shall be(8) hours. The regular work week shall be forty(40) hours, beginning 6:00 a.m. on Monday and ending 6:00 p.m. on Friday. Saturday will be time and one-half(1%). Sunday and Holidays shall be double(2)time. Saturday can be a make-up day if weather has forced a day off. NO. 124: Means eight (8) hours shall constitute a day's work on all classes of work between the hours of 6:00 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 8:00 a.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(11/2)times the hourly wage rate. NO. 126: Means eight (8) hours per day shall constitute a day's work and forty (40) hours per week, Monday through Friday, shall constitute a week's work. The regular starting time shall be 8:00 a.m. If a second or third shift is used, the regular starting time of the second shift shall be 4:30 p.m. and the regular starting period for the third shift shall be 12:30 a.m. These times may be adjusted by 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(1Y2) except in cases where work is part of an employee's regular Friday shift. All time worked on Sunday and recognized holidays shall be paid at the double (2) time rate of pay except in cases where work is part of an employee's previous day's shift. For all overtime hours worked $29.14 of the fringe benefits portion of the prevailing wage shall be paid at the same overtime rate at which the cash portion of the prevailing wage is to be paid. The remaining $1.24 of the fringe benefit portion of the prevailing wage may be paid at straight time. AW024 026 OT.doc ANNUAL WAGE ORDER NO. 24 Page 5 of 5 COLE COUNTY HOLIDAY SCHEDULE - BUILDING CONSTRUCTION NO. 3: All work done on New Year's Day, Decoration Day, July 4th, Labor Day, Veteran's Day, Thanksgiving and Christmas shall be compensated at the double (2) time rate of pay. When any of these holidays fall on a Sunday, the following Monday shall be observed. NO. 4: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas Day shall be paid at the double time rate of pay. If any of the above holidays fall on Sunday, Monday will be observed as the recognized holiday. If any of the above holidays fall on Saturday, Friday will be observed as the recognized holiday and holidays falling on Sunday will be observed on the following Monday. NO. 5: All work that shall be done on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day shall be paid twice the amount of his or her regular hourly wage rate for each hour or fraction thereof worked on any such day . NO. 7: The following days are assigned days and are recognized as holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day. If a holiday falls on a Sunday, it shall be observed on the following Monday. 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. 8: All work performed on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day, or the days observed in lieu of these holidays, shall be paid at the double time rate of pay. NO. 15: All work accomplished on the recognized 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. 19: All work done on New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day, and Christmas Day shall be paid at the double time rate of pay. The employee may take off Friday following Thanksgiving Day. However, the employee shall notify his or her Foreman, General Foreman or Superintendent on the Wednesday preceding Thanksgiving Day. When one of the above holidays falls on Sunday, the following Monday shall be considered a holiday and all work performed on either day shall be at the double (2) time rate. When one of the holidays falls on Saturday, the preceding Friday shall be considered a holiday and all work performed on either day shall be at the double(2)time rate. NO. 23: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Christmas Day and Sundays shall be recognized holidays and shall be paid at the double time rate of pay. When a holiday falls on Sunday, the following Monday shall be considered a holiday. When a holiday falls on Saturday, Friday is recognized as a holiday. NO. 44: All work done on New Year's Day, Decoration Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day:and Christmas Day shall be paid at the double time rate of pay. If a holiday falls on a Sunday, it shall be observed on the Monday following. If a holiday falls on a Saturday, it shall be observed on the proceeding Friday. No work shall be performed on these days except in emergency to protect life or property. All work performed on these holidays shall be compensated at double the regular hourly rate for the work performed. Overtime shall be computed at half-hour intervals. NO. 45: 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. ANNUAL WAGE ORDER NO. 24 AW024 026 BHol.doc Page 1 of 2 Pages COLE COUNTY HOLIDAY SCHEDULE - BUILDING CONSTRUCTION NO. 54: All work performed on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving Day, and Christmas Day shall be paid at the double(2)time rate of pay. When a holiday falls on Saturday, it shall be observed on Friday. When a holiday falls on Sunday, it shall be observed on Monday. NO. 55: The following days are recognized as holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. If a holiday falls on a Sunday, it shall be observed on the following Monday. No work shall be performed on Labor Day except in case of jeopardy to work under construction. This rule is applied to protect Labor Day. When a holiday falls during the normal work week, Monday through Friday, it shall be counted as eight(8) hours toward the forty(40) hour week; however, no reimbursement for this eight(8) hours is to be paid the workmen unless worked. An Employer working a four(4)day, ten (10) hour schedule may use Friday as a make up day when an observed holiday occurs during the work week. Employees have the option to work that make up day. If workmen are required to work the above enumerated holidays, or days observed as such, they shall receive double(2)the regular rate of pay for such work. NO. 60: All work performed on New Year's Day, Armistice Day(Veteran's Day), Decoration Day(Memorial Day), Independence Day(Fourth of July), Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. No work shall be performed on Labor Day except when triple (3) time is paid. When a holiday falls on Saturday, Friday will be observed as the holiday. When a holiday falls on Sunday, the following Monday shall be observed as the holiday. NO. 66: All work performed on Sundays and the following recognized holidays, or the days observed as such, of New Year's Day, Decoration Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day, shall be paid at double (2) the hourly rate plus an amount equal to the hourly Total Indicated Fringe Benefits. Whenever any such holidays fall on a Sunday,the following Monday shall be observed as a holiday. NO. 69: All work 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 July, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day, shall be paid at double(2) time of the hourly rate of pay. In the event one of the above holiday's falls on Saturday, the holiday shall be celebrated on Saturday. If the holiday falls on Sunday, the holiday will be celebrated on Monday. NO. 76: The following days are recognized as holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas. No work of any pretense shall be performed on Charismas Day or Independence Day. Any work performed on the other holidays shall be paid for at least two (2) times the regular rate of pay. If a holiday falls on a Sunday, the following Monday will be observed. If a holiday falls on a Saturday, the preceding Friday will be observed. ANNUAL WAGE ORDER NO. 24 AW024 026 BHol.doc Page 2 of 2 Pages Heavy Construction Rates for REPLACEMENT PAGE Section 026 COLE County Basic Over- OCCUPATIONAL TITLE * Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Schedule Schedule Carpenter 6/17 $31.02 23 16 $16.85 Electrician (Outside-Line Construction\Lineman) $43.50 9 12 $5.50+ 36% Lineman Operator $37.48 9 12 $5.50+ 36% Lineman-Tree Trimmer $24.53 32 31 $9.98 + 3% Groundman $28.86 9 12 $5.50+ 36% Groundman- Tree Trimmer $18.14 32 31 $7.19 + 3% Laborer General Laborer 6/17 $28.56 2 4 $13.52 Skilled Laborer 6/17 $28.56 2 4 $13.52 Millwright 6/17 $31.02 23 16 $16.85 Operating Engineer Group I 6/17 $28.14 21 5 $25.89 Group II 6/17 $27.79 21 5 $25.89 Group III , 6/17 $27.59 21 5 $25.89 Group IV6/17 $23.94 21 5 $25.89 Oiler-Driver 6/17 $23.94 21 5 Pile Driver $25.89 6/17 $31.02 23 16 $16.85 Traffic Control Service Driver $26.415 28 27 $9.045 Truck Driver-Teamster Group I 6/17 $29.87 25 21 $12.85 Group II 6/17 $30.03 25 21 $12.85 _ Group III 6/17 $30.02 25 21 $12.85 Group IV 6/17 $30.14 25 21 $12.85 Use Heavy Construction Rates on Highway and Heavy construction in accordance with the classifications of construction work established in 8 CSR 30-3.040(3). Use Building Construction Rates on Building construction in accordance with the classifications of construction work established in 8 CSR 30-3.040(2). If a worker is performing work on a heavy construction project within an occupational title that is not listed on the Heavy Construction Rate Sheet, use the rate for that occupational title as shown on the Building Construction Rate sheet. *Annual Incremental Increase ANNUAL WAGE ORDER NO.24 6/17 REPLACEMENT PAGE COLE 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 (10) hours per day or 40 hours per week shall be paid at time and one-half the hourly rate Monday through Friday. When working a five 8-hour day schedule and an Employer is prevented from working forty(40) hours Monday through Friday, or any part thereof, by reason of inclement weather, Saturday or any part thereof may be worked as a make-up day at the straight time rate. If an Employer is working a four 10-hour day schedule and loses a day due to inclement weather, he may work 10 hours Friday at straight time. All hours worked over the 40 hours Monday through Friday will be paid at 1 1/2 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 (10) hours exclusive of lunchtime. When three shifts are worked the first day or day shift will consist of eight (8) hours exclusive of lunchtime. The second or swing shift shall consist of seven and one-half(7 1/2) hours work for eight hours pay, exclusive of lunchtime, and the third or the graveyard shift shall consist of seven (7) hours work for eight (8) hours pay, exclusive of the lunchtime. All time in excess of normal shifts shall be considered overtime. Multiple shift (the two or three shift) operation will not be construed on the entire project if at anytime it is deemed advisable and necessary for the Employer to multiple shift a specific operation. However, no shift shall be started between midnight and six a.m. except the graveyard shift on a three-shift operation, or except in an unusual or emergency situation. If an Employer starts a shift between midnight and 6 a.m. except the graveyard shift on a three-shift operation, he shall reimburse all employees for the entire shift at the double time rate. Completion of the second shift on a two-shift operation or completion of the graveyard shift on a three-shift operation that carries over into Saturday morning, shall be at the straight time rate. Overtime shall be computed at% hour intervals. 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 10th 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 paid for at the rate of double(2)time. NO. 21: Means the regular workday for which employees shall be compensated at straight time hourly rate of pay shall, unless otherwise provided for, begin at 8:00 a.m. and end at 4:30 p.m. However, the project starting time may be advanced or delayed at the discretion of the Employer. At the discretion of the Employer, when working a five (5) day eight (8) hour schedule, Saturday may be used for a make-up day. 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 (10) hours per day at the straight time rate of pay with all hours in excess of ten (10) hours in any one day to be paid at the applicable overtime rate. If the Employer elects to work from Monday through Thursday and is stopped due to circumstances beyond his control, he shall have the option to work Friday or Saturday at the straight time rate of pay to complete his forty(40) hours. If an Employer is prohibited from working on a holiday, that Employer may work the following Friday or Saturday at the straight time rate. Overtime will be at one and one-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. ANNUAL WAGE ORDER NO. 24 AW024 026 HOT int Page 1 of 2 Pages REPLACEMENT PAGE COLE COUNTY • OVERTIME SCHEDULE - HEAVY CONSTRUCTION NO. 23: Means the regular workweek shall start on Monday and end on Friday, except where the Employer elects to work Monday through Thursday, (10) hours per day. All work over ten (10) hours in a day or forty (40) hours in a week shall be at the overtime rate of one and one-half(1%) times the regular hourly rate. The regular workday shall be either eight (8) or ten (10) hours. If a job can't work forty (40) hours Monday through Friday because of inclement weather or other conditions beyond the control of the Employer, Friday or Saturday may be worked as a make-up day at straight time (if working 4-10's). Saturday may be worked as a make-up day at straight time (if working 5-8's). An Employer, who is working a four (4) ten (10) hour day work schedule may use Friday as a make-up day when a workday is lost due to a holiday. A workday is to begin at the option of the Employer but not later than 11:00 a.m. except when inclement weather, requirements of the owner or other conditions beyond the reasonable control of the Employer prevent work. Except as worked as a make-up day, time on Saturday shall be worked at one and one-half (1%) times the regular rate. Work performed on Sunday shall be paid at two (2) times the regular rate. Work performed on recognized holidays or days observed as such, shall also be paid at the double (2) time rate of pay. For all overtime hours worked during the week or on Saturday $16.25 of the fringe benefits portion of the prevailing wage shall be paid at time and one-half (1'%). For all overtime hours worked on Sundays or recognized holidays $16.25 of the fringe benefits portion of the prevailing wage shall be paid double time. The remaining $.60 of the fringe benefit portion of the prevailing wage shall be paid at straight time. NO. 25: Means a regular work week of forty (40) hours, starting on Monday and ending on Friday. The regular work day shall be either eight(8)or ten (10) hours. If a crew is prevented from working forty(40) hours Monday through Friday, or any part thereof by reason of inclement weather, Saturday or any part thereof maybe worked as a make-up day at the straight time rate. Employees who are part of a regular crew on a make-up day, notwithstanding the fact that they may not have been employed the entire week, shall work Saturday at the straight time rate. A work day is to begin between 6:00 a.m. and 9:00 a.m. However, the project starting time maybe advanced or delayed if mutually agreed to by the interest parties. All hours worked on recognized holidays, or days observed as such, double(2)time shall be paid. NO. 28: Means a regular work week of forty(40) hours will start on Monday and end on Friday. The regular work day shall be either eight(8) or ten (10) hours. If a crew is prevented from working forty(40) hours Monday through Friday, or any part thereof by reason of inclement weather, Saturday or any part thereof may be worked as a make-up day at the straight time rate. Employees who are part of a regular crew on a make-up day, notwithstanding the fact that they may not have been employed the entire week, shall work Saturday at the straight time rate. A workday is to begin between 6:00 a.m. and 9:00 a.m. However, the project starting time may be advanced or delayed if mutually agreed to by the interest parties. For all time worked on recognized holidays, or days observed as such, double(2)time shall be paid. NO. 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. ANNUAL WAGE ORDER NO. 24 AW024 026 HOT int Page 2 of 2 Pages COLE COUNTY HOLIDAY SCHEDULE—HEAVY CONSTRUCTION NO. 4: All work performed on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, or observed as such, shall be paid at the double time rate of pay. When a Holiday falls on a Sunday, Monday shall be observed. No work shall be performed on Labor Day, except in case of jeopardy to life or property. This is applied to protect Labor Day. NO. 5: The following days are recognized as holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day. If a holiday falls on a Sunday, it shall be observed on the following Monday. If a holiday falls on a Saturday, it shall be observed on the preceding Friday. No work shall be performed on Labor Day except in case of jeopardy to work under construction. This rule is applied to protect Labor Day. When a holiday falls during the 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 10's Monday through Friday work week. The ten (10) hours shall be applied to the forty(40) hour work week. NO. 12: All work performed on New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day, Christmas Day, or days celebrated as such, shall be paid at the double time rate of pay. When one of the foregoing holidays falls on Sunday, it shall be celebrated on the following Monday. When one of the foregoing holidays falls on Saturday, it shall be celebrated on the Friday before the holiday. NO. 16: The following days are recognized as holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day. If a holiday falls on Sunday, it shall be observed on the following Monday. If a holiday falls on Saturday, it 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. 21: The following days are recognized as holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. If a holiday falls on a Sunday, it shall be observed on the following Monday. No work shall be performed on Labor Day except in case of jeopardy to work under construction. This rule is applied to protect Labor Day. When a holiday falls during the normal work week, Monday through Friday, it shall be counted as eight (8) hours toward the forty(40) hour week; however, no reimbursement for this eight(8) hours is to be paid the workman unless worked. An Employer working a four(4) day, ten (10) hour schedule may use Friday as a make-up day when an observed holiday occurs during the work week. Employees have the option to work that make-up day. 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 (10) hour schedule may use Friday as a make up day when an observed holiday occurs during the work week. Employees have the option to work that make up day. If workmen are required to work the above enumerated holidays, or days observed as such, they shall receive double (2) the regular rate of pay for such work. NO. 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. AW024 026 HHol.doc ANNUAL WAGE ORDER NO. 24 Page 1 of 1 ---: Missouri Division of Labor Standards WAGE AND HOUR SECTION • * . • 1 • 1.• •,\A ie \'r I-, 5 0 .::,a 19T, ERIC R. GREITENS, Governor Annual Wage Order No. 24 Section 014 CALLAWAY COUNTY In accordance with Section 290.262 RSMo 2000, within thirty (30) days after a certified copy of this Annual Wage Order has been filed with the Secretary of State as indicated below, any person who may be affected by this Annual Wage Order may object by filing an objection in triplicate with the Labor and Industrial Relations Commission, P.O. Box 599, Jefferson City, MO 65102-0599. Such objections must set forth in writing the specific grounds of objection. Each objection shall certify that a copy has been furnished to the Division of Labor Standards, P.O. Box 449, Jefferson City, MO 65102-0449 pursuant to 8 CSR 20-5.010(1). A certified copy of the Annual Wage Order has been filed with the Secretary of State of Missouri. Original Signed by Tammy Cavender Acting Department Director Division of Labor Standards This Is A True And Accurate Copy Which Was Filed With The Secretary of State: March 10,2017 Last Date Objections May Be Filed: April 10,2017 ._...............2 Prepared by Missouri Department of Labor and Industrial Relations Building Construction Rates for REPLACEMENT PAGE Section 014 CALLAWAY County Basic Over- OCCUPATIONAL TITLE "Date of Hourly Time Holiday Total Fringe Benefits Increase • Rates Schedule Schedule Asbestos Worker(H&F)Insulator $38.42 55 60 $22.40 Boilermaker $35.41 126 7 $30.38 Bricklayer and Stone Mason $29.76 59 7 $17.44 Carpenter 6/17 $25.34 60 15 $16.85 Cement Mason $27.82 9 3 $12.92 Communication Technician 6/17 $32.00 28 7 $13.37+13% Electrician(Inside Wireman) 6/17 $32.00 28 7 $13.37+13% Electrician(Outside-Line Construction\Lineman) $43.50 43 45 $5.50+36% Lineman Operator $37.48 43 45 $5.50+36% Groundman $28.86 43 45 $5.50+36% Elevator Constructor 6/17 a $47.07 26 54 $33.275 Glazier 6/17 $27.32 122 76 $12.08 Ironworker $33.43 11 8 $24.775 Laborer(Building): General $23.01 42 44 $13.54 First Semi-Skilled $25.01 42 44 $13.54 Second Semi-Skilled $24.01 42 44 $13.54 Lather USE CARPENTER RATE Linoleum Layer and Cutter $25.04 60 15 $16.10 Marble Mason 6/17 $22.24 124 74 $13.05 Marble Finisher 6/17 $14.35 124 74 $9.52 Millwright 6/17 $26.34 60 15 $16.85 Operating Engineer Group I 6/17 $29.06 86 66 $26.00 Group II 6/17 $29.06 86 66 $26.00 Group III 6/17 $27.81 86 66 $26.00 Group III-A 6/17 $29.06 86 66 $26.00 Group IV 6/17 Group V 6/17 $26.83 86 66 $26.00 6/17 $29.76 86 66 $26.00 PainterPile Driver 6/17 $23.69 18 7 $12.08 $26.34 60 15 $16.85 Pipe Fitter b $38.00 91 69 $26.93 Plasterer $17.00 FED Plumber b $38.00 91 69 $26.93 Roofer 1 Waterproofer $29.30 12 4 $15.19 Sheet Metal Worker $31.34 40 23 $17.04 Sprinkler Fitter-Fire Protection $34.79 33 19 $20.17 Terrazzo Worker 6/17 $29.55 124 74 $14.76 Terrazzo Finisher 6/17 $19.22 124 74 Tile Setter 6/17 $22.24 124 74 $13.05 Tile Finisher 6/17 $14.35 124 74 $9.52 Traffic Control Service Driver $26.415 22 55 $9.045 Truck Driver-Teamster Group I $25.30 101 5 $10.70 Group II $25.95 101 5 $10.70 Group III $25.45 101 5 $10.70 Group IV $25.95 101 5 $10.70 Fringe Benefit Percentage is of the Basic Hourly Rate "Annual Incremental Increase *SEE FOOTNOTE PAGE ANNUAL WAGE ORDER NO.24 6/17 Building Construction Rates for Section 014 CALLAWAY County Footnotes 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 30-3.040(2). Use Heavy Construction Rates on Highway and Heavy construction in accordance with the classifications of construction work established in 8 CSR 30-3.040(3). a-Vacation: Employees over 5 years-8%; Employees under 5 years-6% b-All work over$7 Million Total Mechanical Contract-$38.00, Fringes-$26.93 All work under$7 Million Total Mechanical Contract-$36.66, Fringes-$21.49 c-Vacation: Employees after 1 year-2%; Employees after 2 years-4%; Employees after 10 years-6% **Annual Incremental Increase ANNUAL WAGE ORDER NO.24 3/17 CALLAWAY 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. 11: Means eight (8) hours shall constitute a day's work, with the starting time to be established between 6:00 a.m. and 8:00 a.m. from Monday to Friday. Time and one-half (1%) shall be paid for first two (2) hours of overtime Monday through Friday and the first eight(8) hours on Saturday. All other overtime hours Monday through Saturday shall be paid at double (2) time rate. Double (2) time shall be paid for all time on Sunday and recognized holidays or the days observed in lieu of these holidays. NO. 12: Means the work week shall commence on Monday at 12:01 a.m. and shall continue through the following Friday, inclusive of each week. All work performed by employees anywhere in excess of forty(40) hours in one (1) work week, shall be paid for at the rate of one and one-half (1%) times the regular hourly wage scale. All work performed within the regular working hours which shall consist of a ten (10) hour work day except in emergency situations. Overtime work and Saturday work shall be paid at one and one-half (1%) times the regular hourly rate. Work on recognized holidays and Sundays shall be paid at two(2)times the regular hourly rate. NO. 18: Means the regular work day shall be eight (8) hours. Working hours are from six (6) hours before Noon (12:00) to six (6) hours after Noon (12:00). The regular work week shall be forty (40) hours, beginning between 6:00 a.m. and 12:00 Noon on Monday and ending between 1:00 p.m. and 6:00 p.m. on Friday. Saturday will be paid at time and one- half (11/2). Sunday and Holidays shall be paid at double (2) time. Saturday can be a make-up day if the weather has forced a day off, but only in the week of the day being lost. Any time before six (6) hours before Noon or six (6) hours after Noon will be paid at time and one-half(1%). NO. 22: Means a regular work week of forty (40) hours will start on Monday and end on Friday. The regular work day shall be either eight (8) or ten (10) hours. If a crew is prevented from working forty(40) hours Monday through Friday, or any part thereof by reason of inclement weather, Saturday or any part thereof may be worked as a make-up day at the straight time rate. Employees who are part of a regular crew on a make-up day, notwithstanding the fact that they may not have been employed the entire week, shall work Saturday at the straight time rate. A workday is to begin between 6:00 a.m. and 9:00 a.m. However, the project starting time may be advanced or delayed if mutually agreed to by the interest parties. For all time worked on recognized holidays, or days observed as such, double(2)time shall be paid. NO. 26: Means that the regular working day shall consist of eight (8) hours worked between 6:00 a.m., and 5:00 p.m., five (5) days per week, Monday to Friday, inclusive. Hours of work at each jobsite 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 6:00 a.m. and 6:00 p.m., four(4) days per week, Monday to Thursday, inclusive. Any work performed on Friday, Saturday, Sunday and holidays, and before and after the regular working day on Monday to Thursday where a four (4) ten (10) hour day workweek has been established, will be paid at two times (2) the single time rate of pay. The rate of pay for all work performed on holidays shall be at two times (2)the single time rate of pay. AW024 014 OT.doc ANNUAL WAGE ORDER NO. 24 Page 1 of 5 CALLAWAY COUNTY BUILDING CONSTRUCTION - OVERTIME SCHEDULE NO. 28: Means a regular workday shall consist of eight (8) hours between 7:00 a.m. and 5:30 p.m., with at least a thirty (30) minute period to be taken for lunch. Five (5) days a week, Monday through Friday inclusive, shall constitute a work week. The Employer has the option for a workday/workweek of four(4)ten (10) hour days (4-10's) provided: -The project must be for a minimum of four(4) consecutive days. -Starting time may be within one (1) hour either side of 8:00 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 8:00 a.m. Monday and recognized holidays shall be paid at double (2) the straight time hourly rate of pay. Should employees work in excess of twelve (12) consecutive hours they shall be paid double time (2X) for all time after twelve (12) hours. Shift work performed between the hours of 4:30 p.m. and 12:30 a.m. (second shift) shall receive eight (8) hours pay at the regular hourly rate of pay plus ten (10%) percent for seven and one-half (7%) hours work. Shift work performed between the hours of 12:30 a.m. and 8:00 a.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(11/2)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'/2). 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 (12) hours during the regular working day shall be paid at two (2) times the regular hourly rate. In the event of rain, snow, cold or excessively windy weather on a regular working day, Saturday may be designated as a "make-up" day. Saturday may also be designated as a "make-up" day, for an employee who has missed a day of work for personal or other reasons. Pay for"make-up"days shall be at regular rates. AW024 014 OT.doc ANNUAL WAGE ORDER NO. 24 Page 2 of 5 CALLAWAY 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 8:00 a.m. and end at 5:00 p.m. The workweek shall commence at 8:00 a.m. on Monday and shall end at 4:30 p.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 (10) hour days Monday through Friday. If an Employer elects to work five (5) eight (8) hour days during any work week, hours worked more than eight (8) per day or forty (40) hours per week shall be paid at time and one-half (1%) 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%) 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(11/2) overtime rate. Overtime shall be computed at half-hour intervals. Shift Work: Two (2) or three (3) shifts shall be permitted, provided such shifts are scheduled for a minimum of three (3) consecutive days. The second shift shall begin at 4:30 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 8:00 a.m. with one-half(1/2) hour for lunch between 3:30 a.m. and 5:00 a.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 10th 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. 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. 55: Means the regular work day shall be eight(8) hours between 6:00 a.m. and 4:30 p.m. The first two(2) hours of work performed in excess of the eight (8) hour work day, Monday through Friday, and the first ten (10) hours of work on Saturday, shall be paid at one & one-half (1%) times the straight time rate. All work performed on Sunday, observed holidays and in excess of ten (10) hours a day, Monday through Saturday, shall be paid at double (2) the straight time rate. NO. 59: Means that except as herein provided, eight (8) hours a day shall constitute a standard work day, and forty(40) hours per week shall constitute a week's work. All time worked outside of the standard eight (8) hour work day and on Saturday shall be classified as overtime and paid the rate of 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 (10) hours or forty (40) hours per week. When the five day eight (8) hour work week is in effect, forty (40) hours per week shall constitute a week's work, Monday through Friday, inclusive. In the event the job is down for any reason beyond the Employer's control, then Saturday may, at the option of the Employer, be worked as a make-up day; straight time not to exceed eight(8) hours or forty(40) hours per week. The regular starting time(and resulting quitting time) may be moved to 6:00 a.m. or delayed to 9:00 a.m. Make-up days shall not be utilized for days lost due to holidays. AW024 014 OT.doc ANNUAL WAGE ORDER NO. 24 Page 3 of 5 CALLAWAY COUNTY BUILDING CONSTRUCTION - OVERTIME SCHEDULE NO. 60: Means the Employer shall have the option of working five 8-hour days or four 10-hour days Monday through Friday. If an Employer elects to work five 8-hour days during any work week, hours worked more than eight (8) per day or forty (40) per week shall be paid at time and one-half(1%) 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 make- up 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 6:30 a.m. and 6:30 p.m. in any week,work performed more than ten (10) hours per day or forty(40)hours per week shall be paid at time and one half(1%) the hourly wage rate plus fringe benefits Monday through Friday. If an Employer is working 10-hour days and loses a day due to inclement weather, the Employer may work ten (10) hours on Friday at straight time. All hours worked over the forty(40) hours Monday through Friday will be paid at time and one-half(1%) the hourly wage rate plus fringe benefits. All Millwright work performed in excess of the regular work day and on Saturday 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: The regular workday shall consist of eight (8) consecutive hours, exclusive of a thirty(30) minute lunch period, with pay at the straight time rate with all hours in excess of eight (8) hours in any one day to be paid at the applicable overtime rate at time and one-half(1%). The regular workday shall begin between the hours of 6:00 a.m. and 8:00 a.m. The Employer may have the option to schedule the work week from Monday through Thursday at ten (10) hours per day at the straight time rate of pay with all hours in excess of ten (10) hours in any one day to be paid at the applicable overtime rate at time and one-half (11/2). If the Employer elects to work from Monday through Thursday and is stopped due to inclement weather, holiday or other conditions beyond the control of the Employer, they shall have the option to work Friday at the straight time rate of pay to complete the forty (40) hours for the workweek. All overtime work performed on Monday through Saturday shall be paid at time and one-half(1%) the hourly rate. Fringe benefits shall be paid at the one and one half the hourly rate. All work performed on Sundays and recognized holidays shall be paid at double (2) the hourly rate. Fringe benefits shall be paid at double the hourly rate. Shifts may be established when considered necessary by the Employer. Shift hours and rates will be as follows. If shifts are established, work on the First Shift will begin between 6:00 a.m. and 9:00 a.m. and consist of eight (8) hours of work plus one-half hour unpaid lunch. Hours worked during the first shift will be paid at the straight time rate of pay. The second shift shall start eight hours after the start of the first shift and consist of eight (8) hours of work plus one-half hour unpaid lunch. Work on the second shift will begin between 2:00 p.m. and 5:00 p.m. and be paid the straight time rate plus $2.50 per hour. The third shift shall start eight hours after the start of the second shift and consist of eight (8) hours plus one-half hour unpaid lunch. Work on the third shift will begin between 10:00 p.m. and 1:00 a.m. and be paid the straight time rate plus $3.50 per hour. The additional amounts that are to be paid are only applicable when working shifts. Shifts that begin on Saturday morning through those shifts which end on Sunday morning will be paid at time and one-half these rates. Shifts that begin on Sunday morning through those shifts which end on Monday morning will be paid at double time these rates. NO. 91: Means eight (8) hours shall constitute a day's work commencing at 7:00 a.m. and ending at 3:30 p.m., allowing one-half(%) hour for lunch. The option exists for the Employer to use a flexible starting time between the hours of 6:00 a.m. and 9:00 a.m. The regular workweek shall consist of forty(40) hours of five (5) workdays, Monday through Friday. The workweek may consist of four(4) ten (10) hour days from Monday through Thursday, with Friday as a make-up day. If the make-up day is a holiday, the employee shall be paid at the double(2)time rate. The employees shall be paid time and one-half(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. AW024 014 OT.doc ANNUAL WAGE ORDER NO. 24 Page 4 of 5 CALLAWAY COUNTY BUILDING CONSTRUCTION - OVERTIME SCHEDULE 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 9:00 a.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 6:30 a.m. and 6:30 p.m. Forty(40) hours per week shall constitute a week's work Monday through Thursday, inclusive. In the event the job is down for any reason beyond the Employer's control, then Friday and/or Saturday may, at the option of the Employer, be worked as a make-up day; straight time not to exceed ten (10) hours per day or forty (40) hours per week. Starting time will be designated by the employer. When the five (5) day eight (8) hour work week is in effect, forty(40) hours per week shall constitute a week's work, Monday through Friday, inclusive. In the event the job is down for any reason beyond the Employer's control, then Saturday may, at the option of the Employer, be worked as a make-up day; straight time not to exceed eight (8) hours per day or forty (40) hours per week. Make-up days shall not be utilized for days lost due to holidays. NO. 122: Means the regular workday shall be(8) hours. The regular work week shall be forty(40) hours, beginning 6:00 a.m. on Monday and ending 6:00 p.m. on Friday. Saturday will be time and one-half(1%). Sunday and Holidays shall be double (2) time. Saturday can be a make-up day if weather has forced a day off. NO. 124: Means eight (8) hours shall constitute a day's work on all classes of work between the hours of 6:00 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 8:00 a.m. on any day shall be paid for at twice the regular hourly rate. All time worked on Sundays and the recognized holidays shall be paid at the rate of double (2) time. It is understood that forty (40) hours shall constitute a regular workweek, (5-8's) Sunday Midnight through Friday Midnight, understanding anything over eight(8) hours is one and one-half(1%) times the hourly wage rate. NO. 126: Means eight (8) hours per day shall constitute a day's work and forty(40) hours per week, Monday through Friday, shall constitute a week's work. The regular starting time shall be 8:00 a.m. If a second or third shift is used, the regular starting time of the second shift shall be 4:30 p.m. and the regular starting period ll be 12:30 a.m. These times may be adjusted by the employer. The day shift shall work a regular eightt(8) h ours ss haft 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 $29.14 of the fringe benefits portion of the prevailing wage shall be paid at the same overtime rate at which the cash portion of the prevailing wage is to be paid. The remaining $1.24 of the fringe benefit portion of the prevailing wage may be paid at straight time. AW024 014 OT.doc ANNUAL WAGE ORDER NO. 24 Page 5 of 5 CALLAWAY COUNTY HOLIDAY SCHEDULE - BUILDING CONSTRUCTION NO. 3: All work done on New Year's Day, Decoration Day, July 4th, Labor Day, Veteran's Day, Thanksgiving and Christmas shall be compensated at the double (2) time rate of pay. When any of these holidays fall on a Sunday, the following Monday shall be observed. NO. 4: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas Day shall be paid at the double time rate of pay. If any of the above holidays fall on Sunday, Monday will be observed as the recognized holiday. If any of the above holidays fall on Saturday, Friday will be observed as the recognized holiday and holidays falling on Sunday will be observed on the following Monday. NO. 5: All work that shall be done on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day shall be paid twice the amount of his or her regular hourly wage rate for each hour or fraction thereof worked on any such day . NO. 7: The following days are assigned days and are recognized as holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day. If a holiday falls on a Sunday, it shall be observed on the following Monday. 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. 8: All work performed on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day, or the days observed in lieu of these holidays, shall be paid at the double time rate of pay. NO. 15: All work accomplished on the recognized 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. 19: All work done on New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day, and Christmas Day shall be paid at the double time rate of pay. The employee may take off Friday following Thanksgiving Day. However, the employee shall notify his or her Foreman, General Foreman or Superintendent on the Wednesday preceding Thanksgiving Day. When one of the above holidays falls on Sunday, the following Monday shall be considered a holiday and all work performed on either day shall be at the double (2) time rate. When one of the holidays falls on Saturday, the preceding Friday shall be considered a holiday and all work performed on either day shall be at the double (2)time rate. NO. 23: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Christmas Day and Sundays shall be recognized holidays and shall be paid at the double time rate of pay. When a holiday falls on Sunday, the following Monday shall be considered a holiday. When a holiday falls on Saturday, Friday is recognized as a holiday. NO. 44: All work done on New Year's Day, Decoration Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day shall be paid at the double time rate of pay. If a holiday falls on a Sunday, it shall be observed on the Monday following. If a holiday falls on a Saturday, it shall be observed on the proceeding Friday. No work shall be performed on these days except in emergency to protect life or property. All work performed on these holidays shall be compensated at double the regular hourly rate for the work performed. Overtime shall be computed at half-hour intervals. NO. 45: 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. ANNUAL WAGE ORDER NO. 24 AW024 014 BHol.doc Page 1 of 2 Pages CALLAWAY COUNTY HOLIDAY SCHEDULE - BUILDING CONSTRUCTION NO. 54: All work performed on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving Day, and Christmas Day shall be paid at the double(2)time rate of pay. When a holiday falls on Saturday, it shall be observed on Friday. When a holiday falls on Sunday, it shall be observed on Monday. NO. 55: The following days are recognized as holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. If a holiday falls on a Sunday, it shall be observed on the following Monday. No work shall be performed on Labor Day except in case of jeopardy to work under construction. This rule is applied to protect Labor Day. When a holiday falls during the normal work week, Monday through Friday, it shall be counted as eight(8) hours toward the forty(40) hour week; however, no reimbursement for this eight(8) hours is to be paid the workmen unless worked. An Employer working a four(4)day, ten (10) hour schedule may use Friday as a make up day when an observed holiday occurs during the work week. Employees have the option to work that make up day. If workmen are required to work the above enumerated holidays, or days observed as such, they shall receive double(2)the regular rate of pay for such work. NO. 60: All work performed on New Year's Day, Armistice Day(Veteran's Day), Decoration Day(Memorial Day), Independence Day(Fourth of July), Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. No work shall be performed on Labor Day except when triple (3) time is paid. When a holiday falls on Saturday, Friday will be observed as the holiday. When a holiday falls on Sunday, the following Monday shall be observed as the holiday. NO. 66: All work performed on Sundays and the following recognized holidays, or the days observed as such, of New Year's Day, Decoration Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day, shall be paid at double (2) the hourly rate plus an amount equal to the hourly Total Indicated Fringe Benefits. Whenever any such holidays fall on a Sunday,the following Monday shall be observed as a holiday. NO. 69: All work 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 July, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day, shall be paid at double (2) time of the hourly rate of pay. In the event one of the above holiday's falls on Saturday, the holiday shall be celebrated on Saturday. If the holiday falls on Sunday, the holiday will be celebrated on Monday. NO. 76: The following days are recognized as holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas. No work of any pretense shall be performed on Charismas Day or Independence Day. Any work performed on the other holidays shall be paid for at least two (2) times the regular rate of pay. If a holiday falls on a Sunday, the following Monday will be observed. If a holiday falls on a Saturday, the preceding Friday will be observed. ANNUAL WAGE ORDER NO. 24 AW024 014 BHol.doc Page 2 of 2 Pages Heavy Construction Rates for REPLACEMENT PAGE Section 014 CALLAWAY County Basic Over- OCCUPATIONAL TITLE *Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Schedule Schedule Carpenter 6/17 $31.02 23 16 $16.85 Electrician(Outside-Line Construction\Lineman) $43.50 9 12 $5.50+36% Lineman Operator $37.48 9 12 $5.50+36% Lineman-Tree Trimmer $24.53 32 31 $9.98+3% Groundman $28.86 9 12 $5.50+36% Groundman-Tree Trimmer $18.14 32 31 $7.19+ 3% Laborer General Laborer 6/17 $28.56 2 4 $13.52 Skilled Laborer 6/17 $28.56 2 4 $13.52 Millwright 6/17 $31.02 23 16 $16.85 Operating Engineer Group I 6/17 $28.14 21 5 $25,89 Group II 6/17 $27.79 21 5 $25.89 Group III 6/17 $27.59 21 5 $25.89 Group IV 6/17 $23.94 21 5 $25.89 Oiler-Driver 6/17 $23.94 21 5 $25.89 Pile Driver 6/17 $31.02 23 16 $16.85 Traffic Control Service Driver $26.415 28 27 $9.045 Truck Driver-Teamster Group I 6/17 Group II $29.87 25 21 $12.85 Group III 6/17 $30.03 25 21 $12.85 6/17 $30.02 25 21 $12.85 Group IV 6/17 $30.14 25 21 $12.85 Use Heavy Construction Rates on Highway and Heavy construction in accordance with the classifications of construction work established in 8 CSR 30-3.040(3). Use Building Construction Rates on Building construction in accordance with the classifications of construction work established in 8 CSR 30-3.040(2). If a worker is performing work on a heavy construction project within an occupational title that is not listed on the Heavy Construction Rate Sheet, use the rate for that occupational title as shown on the Building Construction Rate sheet. *Annual Incremental Increase ANNUAL WAGE ORDER NO.24 6/17 REPLACEMENT PAGE CALLAWAY 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 (10) hours per day or 40 hours per week shall be paid at time and one-half the hourly rate Monday through Friday. When working a five 8-hour day schedule and an Employer is prevented from working forty (40) hours Monday through Friday, or any part thereof, by reason of inclement weather, Saturday or any part thereof may be worked as a make-up day at the straight time rate. If an Employer is working a four 10-hour day schedule and loses a day due to inclement weather, he may work 10 hours Friday at straight time. All hours worked over the 40 hours Monday through Friday will be paid at 1 % 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 (10) hours exclusive of lunchtime. When three shifts are worked the first day or day shift will consist of eight (8) hours exclusive of lunchtime. The second or swing shift shall consist of seven and one-half(7 1/2) hours work for eight hours pay, exclusive of lunchtime, and the third or the graveyard shift shall consist of seven (7) hours work for eight (8) hours pay, exclusive of the lunchtime. All time in excess of normal shifts shall be considered overtime. Multiple shift (the two or three shift) operation will not be construed on the entire project if at any time it is deemed advisable and necessary for the Employer to multiple shift a specific operation. However, no shift shall be started between midnight and six a.m. except the graveyard shift on a three-shift operation, or except in an unusual or emergency situation. If an Employer starts a shift between midnight and 6 a.m. except the graveyard shift on a three-shift operation, he shall reimburse all employees for the entire shift at the double time rate. Completion of the second shift on a two-shift operation or completion of the graveyard shift on a three-shift operation that carries over into Saturday morning, shall be at the straight time rate. Overtime shall be computed at 1/2 hour intervals. 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 10th 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 paid for at the rate of double(2) time. NO. 21: Means the regular workday for which employees shall be compensated at straight time hourly rate of pay shall, unless otherwise provided for, begin at 8:00 a.m. and end at 4:30 p.m. However, the project starting time may be advanced or delayed at the discretion of the Employer. At the discretion of the Employer, when working a five (5) day eight (8) hour schedule, Saturday may be used for a make-up day. 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 (10) hours per day at the straight time rate of pay with all hours in excess of ten (10) hours in any one day to be paid at the applicable overtime rate. If the Employer elects to work from Monday through Thursday and is stopped due to circumstances beyond his control, he shall have the option to work Friday or Saturday at the straight time rate of pay to complete his forty(40) hours. If an Employer is prohibited from working on a holiday, that Employer may work the following Friday or Saturday at the straight time rate. Overtime will be at one and one-half (11/2) 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. ANNUAL WAGE ORDER NO. 24 AW024 014 HOT int Page 1 of 2 Pages REPLACEMENT PAGE CALLAWAY COUNTY OVERTIME SCHEDULE - HEAVY CONSTRUCTION NO. 23: Means the regular workweek shall start on Monday and end on Friday, except where the Employer elects to work Monday through Thursday, (10) hours per day. All work over ten (10) hours in a day or forty (40) hours in a week shall be at the overtime rate of one and one-half(1'/) times the regular hourly rate. The regular workday shall be either eight (8) or ten (10) hours. If a job can't work forty (40) hours Monday through Friday because of inclement weather or other conditions beyond the control of the Employer, Friday or Saturday may be worked as a make-up day at straight time (if working 4-10's). Saturday may be worked as a make-up day at straight time (if working 5-8's). An Employer, who is working a four (4) ten (10) hour day work schedule may use Friday as a make-up day when a workday is lost due to a holiday. A workday is to begin at the option of the Employer but not later than 11:00 a.m. except when inclement weather, requirements of the owner or other conditions beyond the reasonable control of the Employer prevent work. Except as worked as a make-up day, time on Saturday shall be worked at one and one-half (1'h) times the regular rate. Work performed on Sunday shall be paid at two (2) times the regular rate. Work performed on recognized holidays or days observed as such, shall also be paid at the double (2) time rate of pay. For all overtime hours worked during the week or on Saturday $16.25 of the fringe benefits portion of the prevailing wage shall be paid at time and one-half (11/2). For all overtime hours worked on Sundays or recognized holidays $16.25 of the fringe benefits portion of the prevailing wage shall be paid double time. The remaining $.60 of the fringe benefit portion of the prevailing wage shall be paid at straight time. NO. 25: Means a regular work week of forty (40) hours, starting on Monday and ending on Friday. The regular work day shall be either eight(8)or ten (10) hours. If a crew is prevented from working forty(40) hours Monday through Friday, or any part thereof by reason of inclement weather, Saturday or any part thereof maybe worked as a make-up day at the straight time rate. Employees who are part of a regular crew on a make-up day, notwithstanding the fact that they may not have been employed the entire week, shall work Saturday at the straight time rate. A work day is to begin between 6:00 a.m. and 9:00 a.m. However, the project starting time maybe advanced or delayed if mutually agreed to by the interest parties. All hours worked on recognized holidays, or days observed as such, double (2)time shall be paid. NO. 28: Means a regular work week of forty(40) hours will start on Monday and end on Friday. The regular work day shall be either eight(8) or ten (10) hours. If a crew is prevented from working forty(40) hours Monday through Friday, or any part thereof by reason of inclement weather, Saturday or any part thereof may be worked as a make-up day at the straight time rate. Employees who are part of a regular crew on a make-up day, notwithstanding the fact that they may not have been employed the entire week, shall work Saturday at the straight time rate. A workday is to begin between 6:00 a.m. and 9:00 a.m. However, the project starting time may be advanced or delayed if mutually agreed to by the interest parties. For all time worked on recognized holidays, or days observed as such, double(2) time shall be paid. NO. 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. ANNUAL WAGE ORDER NO. 24 AW024 014 HOT int Page 2 of 2 Pages CALLAWAY 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 10's Monday through Friday work week. The ten (10) hours shall be applied to the forty (40) hour work week. NO. 12: All work performed on New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day, Christmas Day, or days celebrated as such, shall be paid at the double time rate of pay. When one of the foregoing holidays falls on Sunday, it shall be celebrated on the following Monday. When one of the foregoing holidays falls on Saturday, it shall be celebrated on the Friday before the holiday. NO. 16: The following days are recognized as holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day. If a holiday falls on Sunday, it shall be observed on the following Monday. If a holiday falls on Saturday, it 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. 21: The following days are recognized as holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. If a holiday falls on a Sunday, it shall be observed on the following Monday. No work shall be performed on Labor Day except in case of jeopardy to work under construction. This rule is applied to protect Labor Day. When a holiday falls during the normal work week, Monday through Friday, it shall be counted as eight (8) hours toward the forty (40) hour week; however, no reimbursement for this eight(8) hours is to be paid the workman unless worked. An Employer working a four (4) day, ten (10) hour schedule may use Friday as a make-up day when an observed holiday occurs during the work week. Employees have the option to work that make-up day. 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 (10) hour schedule may use Friday as a make up day when an observed holiday occurs during the work week. Employees have the option to work that make up day. If workmen are required to work the above enumerated holidays, or days observed as such, they shall receive double (2) the regular rate of pay for such work. NO. 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. AW024 014 HHol.doc ANNUAL WAGE ORDER NO. 24 Page 1 of 1