Renovation Proposal Form by rod11726

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									                     PROJECT MANUAL


            BLIND PONY FISH HATCHERY
          RENOVATION OF FISH PRODUCTION
                     PONDS

                SALINE COUNTY, MISSOURI




                               Designed by: Missouri Department of Conservation
                                            Design and Development

                               Bid Date:    January 10.2008

                               Project Job Number: 65-12-45




MISSOURI DEPARTMENT OF CONSERVATI
DESIGN AND DEVELOPMENT
2901 WEST 'TRUMAN BLVD., PO BOX 180
JEFFERSON CITY, MISSOURI 65102
PROFESSIONAL SEALS AND CERTIFICATIONS
               PROJECT MANUAL FOR
             BLIND PONY FISH HATCHERY
        RENOVATION OF FISH PRODUCTION PONDS
              SALINEi COUNTY, MISSOURI
                Project Job Number: 65- 12-45
THIS PAGE INTENTIONALLY LEFT BLANK   .
TABLE OF CONTENTS


SECTION       TITLE                                              NUMBER OF PAGES
          -
DIVISION 0 BIDDING AND CONTRACTING INFORMATION
00000         INTRODUCTORY INFORMATION
              Project Manual Cover
              Professional Seals and Certifications
              Table of Contents
00100         NOTICE TO CONTRACTORS
00200         INSTRUCTIONS TO BIDDERS

              BID DOCLTMENTS
              Proposal Form
              Pay Item Breakdown
              Contracting of Work
              Equipment Rental List
              Contractor's Qualifications
              M/WBE Compliance Evaluation Form
              W      E Eligibility Determination Form
              M/WBE Eligibility Determination
              for Joint Ventures
              MfWBE Application for Waiver
              Wage Rate (Saline County)

              AGREEMENT
              Construction Contract
              STANDARD FORMS
              Performance and Payment Bond
              Affidavit of Compliance with Prevailing Wage Law
              Affidavit for Affirmative Action
              Affidavit for Final Payment
              Partial Receipt of Payment and Release Form
              Final Receipt of Payment and Release Form
              M/WBE Progress Report
              Substitution Request
              GENERAL CONDITIONS

00800         SUPPLEMENTARY GENERAL CONDITIONS

          -
DMSION 1 GENERAL REQUIREMENTS

              List of Drawings
              Summary of Work
              Definition of Pay Items
              Coordination
              Alternates
              Submittals
              Temporary Facilities and Controls
              Execution Requirements
017320         Selective Demolition

TECHNICAL SPECIFICATIONS INDEX:

Division 2-EXISTING CONDITIONS

029 100        Agricultural Work

Division 3-CONCRETE

033000         Cast-In-Place Concrete

Division 4-MASONRY Not Used

Division 5-METALS

055213         Pipe and Tube Railings
055300         Gratings

Division 6-WOOD, PLASTICS, AND COMPOSITES Not Used

Division 7-THERMAL AND MOISTURE PROTECTION Not Used

Division 8-OPENINGS Not Used

Division 9-FINISHES Not Used

Division 10-SPECIALTIES Not Used

Division 11-EQUIPMENT Not Used

Division 12-FURNISHINGS Not Used

Division 13-SPECIAL CONSTRUCTION Not Used

Division 14-CONVEYING SYSTEM Not Used

Division 15-MECHANICAL

150500         Mechanical Work General Requirements
151000         Pipe and Appurtenances
151100         Valves
152000         Pipe Installation and Testing

Division 16-ELECTRICAL Not Used

Division 31-EARTHWORK

31 1000        Site Clearing
3 12000        Earth Moving
SECTION 00100 - NOTICE TO CONTRACTORS

1.0   OWNER:
      A.   The State of Missouri
           Department of Conservation
           Design and Development
           Jefferson City, Missouri

2.0   PROJECT:
      A.   Job Number:          65-12-45
      B.   Job Title:           Blind Pony Fish Hatchery - Renovation of Fish Production Ponds
                                Saline County, Missouri
      C.      Address:          R.R. 2, Box 17, Sweet Springs, MO 65351

3.0   BIDS WILL BE RECEIVED:
      A.    Timemate:    January 10,2008 at 1:30 PM
      B.    Place:       Missouri Department of Conservation, PO Box 180,2901 West Truman
                         Boulevard, Jefferson City, MO 65 102

4.0   DESCRIPTION:
      A.   The project consists of the construction of four new concrete harvesting kettles for production
           ponds at the Blind Pony Fish Hatchery.
      B.   Estimate:         $275,000 - $425,000
      C.   Minority Goals: MBE lo%, WBE 5% (for projects over $100,000)

5.0   PRE-BID MEETING - NON-MANDATORY
      A.    PlacelTime:  December 18,2007; 10:OO am; Blind Pony Fish Hatchery,
                         RR 2, Box 17, Sweet Springs, MO 65351.

6.0   PLANS, SPECIFICATIONS, & WEBSITE
      A.    Drawings, specifications and other related contract ~nformation may be obtained at Docucopy,
            LLC, 3334 Brown Station Road, Columbia, Missouri 65202, telephone (573) 814-1700, fax (573)
            8 14-1725. Paper bid sets are available for a non-refundable fee of $30.00 per set. Checks shall be
            made payable to "Missouri Department of Conservation." Electronic sets are available for
            preview only on a "Searchable CD-ROM" at no cost. You may place your order online and access                .

            the "Plan Holders' List online at www.docucogyllc.com under online planroom. You can also get           -   -



            to the "Plan Holders' List" by going to www.mdc.mo.gov/about~contractsl To be listed as a plan
            holder, you must purchase a paper set of bid documents.

7.0   POINT OF CONTACT
      A.    Bidding Questions:           Greg Trinkle, Contract Specialist phone no. 573152241 15 e-xt.3736, or
                                         fax 5731522-2324.
      B.      Design Questions:          Stephen Atkinson, P.E., Project Engineer, phone no. 5731522-41 15 ext.
                                         3765 or fax 5731522-2324,

8.0   GENERAL INFORMATION
      A.   The State reserves the right to reject any and all bids and to waive all informalities in bids. No bid
           may be withdrawn for a period of 30 days subsequent to the specified bid opening time. The                       -
           contractor shall pay not less than the prevailing hourly rate of wages for work of a similar
           character in the locality in which the work is performed, as determined by the MO Dept. of Labor
           and Industrial Relations and as set out in the detailed plans and specifications
      B.   Bid results are available after 3:00 PM the day of the bid opening by calling: (573) 52241 15 ext.
           3736




00 100 - NOTICE TO CONTRACTORS                                                                     PAGE 1 OF 1
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SECTION - 00200            INSTRUCTION TO BJDDERS
ARTICLE 1 - SPECIAL NOTICE TO BIDDERS.

A. These specifications have bound hereto a complete set of bidding forms. These are for the bidder's convenience
   only and are not to be detached fiom the specifications or filled out or executed. One unbound proposal form
   will be furnished to each bidder and shall be executed and submitted in a sealed envelope provided.

ARTICLE 2 - CONTRACT DOCUMENTS.

A. The number of sets obtainable by any one (1) party may be limited in accordance with available supply.

B. Copies of drawings and specifications are on file at the Missouri Department of Conservation, Design and
   Developmen, 2901 West Truman Blvd., P.O. Box 180, Jefferson City, Missouri 65 102 for the convenience of
   subcontractors and suppliers and may be seen and examined during regular business hours.

ARTICLE 3 - BIDDER'S OBLIGATIONS.

A. Bidders must carehlly examine the entire site of the work and shall make all necessary investigations to inform
   themselves thoroughly as to the facilities available as well as to all the difficulties involved in the completion of
   all work in accordance with the specifications and the plans. Bidders are also required to examine all maps,
   plans and data mentioned in the specifications. No plea of ignorance of conditions that exist, or that may
   hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this
   contract will be accepted as an excuse for any failure or omission on the part of the Contractor to filfill in every
   detail all of the requirements of the contract, nor accepted as a basis for any claims for extra compensation.

B. Under no circumstances will a contractor give plans and specifications to another contractor. Any proposal
   received fiom a contractor whose name does not appear on the list of bidders having made a payment for the
   plans and specifications will be subject to rejection.

AR.TICLE 4 - INTERPRETATIONS.

A. No oral interpretations will be made to any bidder as to the meaning of the plans and specifications or the
   acceptability of alternate products, materials, form or type of construction. Every request for interpretation shall    --
                                                                                                                           .~
   be made in writing and submitted with all supporting documents not less than seven (7) calendar days before
   opening of bids. The request shall be sent directly to the Design and Development, Missouri Department of
   Conservation, 2901 West Truman Blvd., P.O. Box 180, Jefferson City, Missouri 65102. Every interpretation
   made to a bidder will be in the form of an addendum and will be sent as promptly as is practicable to all persons
   to whom plans and specifications have been issued. All such addenda shall become part of the contract
                                                                                                               ~.- -
   documents.

ARTICLE 5 - PROPOSALS AND BIDDING PROCEDURE.

A. All proposals shall be submitted without modification or reservation on the proposal form with each space
    properly filled. Proposals not on this form will be rejected. Modifications of the proposals after delivery to the
    Owner will not be accepted unless submitted on a new proposal form and delivered to the 0-wner in lieu of the
                                                                                                                               -
    original proposal prior to the time set for opening bid proposals.

B. All proposals shall be accompanied by a bid bond, executed by the bidder and a duly authorized surety
   company, certified check, cashier's check or bank draft made payable to the Missouri Department of
   Conservation, State of Missouri, in the amount as set forth in Section 00410 - Proposal Form. Failure of the -
   bidder to submit the fill amount required shall be sufficient cause to reject the bid. The bidder agrees that the
   proceeds of the check, draft or bond shall become the property of the State of Missouri, if for any reason the               -
   bidder withdraws the bid after closing or if on notification of award refuses or is unable to execute tendered              -




00200 - INSTRUCTION TO BIDDERS                                                                            PAGE 1 OF 7
    contract, provide an acceptable performance and payment bond, provide evidence of required insurance
    coverage and provide required copies of affirmative action plans w i h fourteen (14) consecutive calendar days
    after such tender. It is fi,uther agreed that, if a contract is not awarded within thuty (30) days after the opening
    of bids, a bidder may file a written notice with the Owner for the withdrawal of the bid.

C. The check, draft or bond submitted by the successful bidder will be returned after the receipt of an acceptable
   performance and payment bond and execution of formal contract. Checks, drafts or bonds of all other bidders
   will be returned within a reasonable time after it is determined that the bid represented by same will receive no
   fbrther consideration by the State of Missouri.

ARTICLE 6 - SIGNMG OF PROPOSALS.

A. Proposals fiom a partnership shall be signed in the firm name by at least one partner, or in the fm name by
   Attorney-in-fact. If signed by Attorney-in-fact there shall be attached to the proposal a Power of Attorney
   evidencing authority to sign the proposal, dated and executed by all partners of the firm.

B. Proposals fiom a corporation shall have the correct corporate name thereon and the signature of an authorized
   officer of the corporation manually written. Title of office held by the person signing for the corporation shall
   appear along with typed name of said individual. Corporate license number shall be provided and, if a
   corporation organized in a state other than Missouri, A Certificate of Authority to do business in the State of
   Missouri shall be attached.

                                                        im
C. Proposals fiom an individual doing business under a fr name shall be signed in the name of the individual
                                    im
   doing business under the proper fr name.

ARTICLE 7 - RECEIVING BIDS.

A. Proposals are to be presented in sealed envelopes (provided by Owner) which shall be plainly marked with
   project title, bid date and bid time and delivered to the place specified in the Advertisement for Bids. Bidders
   shall be responsible for actual delivery of proposals during business hours, and it shall not be sufficient to show
   that a proposal was dispatched in time to be received before scheduled closing time for receipt of proposal.

B. Bids received prior to the time of opening d l be securely kept, unopened. The office whose duty is to receive
   bids will decide when the specified time for opening bids has arrived, and no bid received thereafter will be
   considered. No responsibility will attach to any officer for the premature opening of a bid not properly
   submitted.

C. - Bidders are cautioned to allow ample time for transmittal of bids by mail or otherwise. If bid is mailed, bidder
     should secure correct information relative to the probable time of arrival and distribution of mail at the place
     where bid is to be received, and make due allowance for possible delays.                                     . . .-

D. No Contractor shall stipulate in the proposal any conditions not contained in the specifications or standard
   proposal form contained in the contract documents.

E. Proposals will be received separately or in combination as shown in and required by the Form of Proposal.
   Proposals will be completed so as to include insertion of all amounts for alternate proposals; unit prices and cost
   accounting data, etc. Failure to complete all required information may be cause for rejection of bid.                   -
F. Biddefs attention is directed to the fact that no bid will be accepted or considered if delivered after the specified
   time for receiving bids.

G . No telephonic, telegraphic, electronic mail, facsimile (FAX), or similar bid transmissions will be accepted or
    allowed.                                                                                                               -
                                                                                                                           -
H. Bidder's proposal price shall include all city, state and federal sales, excise and similar taxes which may be


00200 - rNSTRUCTION TO BIDDERS                                                                            PAGE 2 OF 7
     l a h l l y assessed in connection with the performance of work and purchase of materials to be incorporated in
     the work.

I.   The completed forms shall be without interlineation, alteration or erasure. If contractor desires additional
     copies of forms, a request may be submitted.

J.   The Owner reserves the right to waive informalities in proposals and reject any or all proposals.

AWICLE 8 - WITHDRAWAL OR REVISION OF BIDS.

A. Bidders may withdraw or revise a proposal provided the revision or the request for withdrawal is
   received, at the address specified in the proposal, in writing or by telegram, before the time set for
   opening proposals. Written revisions shall be sealed for confidentiality or if by telegram, the revision
   shall be so worded as not to reveal the amount of the original bid. The revision or request for
   withdrawal shall identify the project name, number, and bid date. The use of facsimile (FAX)
   transmission is not acceptable.

ARTICLE 9 - STATEMENT OF BIDDER'S OUALIFICATIONS.

A. Each bidder must submit as part of the bid proposal, a statement of bidder's qualifications which is a part of the
   proposal form. The Owner shall have the right to take such steps as it deems necessary to determine the ability
   of the bidder to perform the work, and the bidder shall h i s h to the Owner such addtional information and
   data for this purpose as requested. The right is reserved to reject any bid where an investigation or
   consideration of the information submitted by such bidder does not satisfy the owner that the bidder is qualified
   to carry out properly the terms of the contract documents.

ARTICLE 10 - AWARD OF CONTRACT

A. The Owner reserves the right to reject any and/or all bids and M e r to waive all informalities in bidding when
   deemed in the best interest of the State of Missouri.

B. The Owner reserves the right to let other contracts in connection with the work, including but not by way of
   limitation, contracts for the furnishing and installation of furniture, equipment, machines, appliances and other
   apparatus.

C . In awarding the contract the Owner may take into consideration the bidder's skill, facilities, capacity,
     experience, responsibility, previous work record and hancial standing; and, the necessity of prompt and
   - efficient completion of work herein described. Inability of any bidder to meet the requirements mentioned

     above may be cause for rejection of the proposal. However, no contract will be awarded to any individual,
     partnership or corporation, who has had a contract with the State of Missouri declared in default within the   --

     preceding twelve months.

D. Award of alternates, if any, will be made in numerical order to result in the maximum amount of work being
   accepted within available construction funds unless all bids received are such that the order of acceptance of
   alternates does not affect the determination of the low bidder.

ARTICLE 11 - FORM OF CONTRACT AND PERFORMANCERAYMENT BOND.                                                               -
                                                                                                                         -.



A. The forms of the contract and perfomanceJpayrnent bond to be executed are standard forms which are on file
   with Design and Development, Missouri Department of Conservation.

B. The Owner will prepare and forward copies of the contract and performance/payrnent bonds to the bidders to
   whom the contracts for the work are awarded and such bidders shall return the properly executed prescribed                -
   copies of the contract, bond, evidence of required insurance and required copies of affirmative action plans to       -
   the Owner within fourteen (14) consecutive calendar days after their receipt.


00200 - rNSTRUCTION TO BIDDERS                                                                           PAGE 3 OF 7
C. No proposal shall be considered binding upon the Owner until the written contract has been properly executed,
   a satisfactory bond has been h s h e d , evidence of required insurance coverage has been received and
   appropriate affirmative action plan submitted. Failure to execute and return the contract and associated
   documents within the prescribed period of time shall be treated, at the option of the Owner, as a breach of
   biddeis obligation and the Owner shall be under no further obligation to bidder.

D. If the successful bidder is doing business in the State of Missouri under a fictitious name, the bidder shall
   furnish to the Owner, attached to the Proposal Form, a properly certified copy of the Certificate of Registration
   of Fictitious Name fiom the State of Missouri, and such certificate shall remain on file with the Owner. No
   contract will be awarded by the Owner until such certificate is furnished by the bidder.

E. Any successful bidder which is a corporation organized in a state other than Missouri shall fiunish to the
   Owner, attached to the Proposal Form, a properly certified copy of its current Certificate of Authority to do
   business in the State of Missouri, such certificate to remain on file with the Owner. No contract will be
   awarded by the Owner unless such certificate is furnished by the bidder.

F. Any successful bidder which is a corporation organized in the State of Missouri shall furnish at its own cost to
    the Owner, if requested, a Certificate of Good Standing issued by the Secretary of State, such certificate to
    remain on file with the Owner.

ARTICLE 12 - CONTRACT SECURITY.

A. The Contractor shall funaish a performancelpayment bond in an amount at least equal to 100% of the contract
   price as security for the faithful performance of the contract and for payment of all persons performing labor on
   the project and f i s h i n g materials in connection therewith under the contract as set forth in the standard form
   of performancelpayment bond. The Surety on such bond shall be a duly authorized surety company satisfactory
   to the Owner.

B. The Contractor shall h s h at no cost to the Owner, if requested, a properly certified copy of the current
   Certificate of Authority to transact business in the State of Missouri of the surety company executing the
   required bond, such certificate to remain on file with the Owner.

C. If at any time the Owner, for justifiable cause, shall be or become dissatisfied with any surety or sureties then
   upon the perfonnance/payment bond, the Contractor shall within five (5) days after notice fiom the Owner,
   substitute an acceptable bond signed by such other surety or sureties as may be satisfactory to the Owner. The
   premiums on such bond shall be paid by the Contractor. No further payments shall be due nor made until the
   new acceptable bond is furnished to the Owner.

ARTICLE 13 - TIME OF COMPLETION AND LIQUZDATED DAMAGES.

A. Bidders must agree to commence work upon a date specified by the Owner in the "Notice to Proceed", and the
   entire work shall be completed within the time specified. Liquidated damages for delay in completion of the
   work shall be as prescribed (See Article 14 of General Conditions).

ARTICLE 14 - NUMBER OF CONSTRUCTION DOCUMENTS.

A. The Owner will funaish the Contractor a copy of the executed contract.

B. The Owner will h i s h the Contractor fiee of charge the number of complete sets of plans and specifications
   for the work and all applicable subdivisions thereof, as set forth in the supplemental general conditions.
   Additional sets may be obtained at the cost of reproduction.




00200 - INSTRUCTION TO BIDDERS                                                                           PAGE 4 OF 7
ARTICLE 15 - LIST OF SUBCONTRACTORS.

A. Each bidder must submit as part of the bid proposal, a list of subcontractors to be used in performing the work.
   The list shall specify the single designated subcontractor's name and address for each category of work listed in
   the Proposal Form. If work within a category will be performed by more than one subcontractor, list the name
   and address of each subcontractor and specify the exact portion of the work to be done. If
   acceptance/nonacceptance of alternates will affect the designation of a subcontractor, provide information for
   each affected category.

B. Failure to include a complete subcontractor list shall be grounds for rejection of the bid proposal.

ARTICLE 16 - NOTICE TO NON-MISSOURI FJRMS.

A. F'ursuant to the provisions of Section 34.076 RSMo 1986 Missouri contractors on public works are given
   preference to the extent your domiciliary state gives preference to domiciliary contract bidders on public works.
   You may be required to submit an audited fmancial statement should your domiciliary state require it of a
   Missouri bidder on public work.

ARTICLE 17 - MINORITY BUSINESS ENTEWRISE/WOMEN BUSMESS ENTERPRISE @lBE/WBE)
                  PARTICIPATION

A. For bids in amounts greater than or equal to one hundred thousand dollars ($100,000), the following provisions
   shall apply:

       1.   MBE/WBE Percentage Goal:

                a.   The bidder shall have as a goal subcontracting not less than 10% MBE AND 5% WBE of the
                     awarded contract price to MBE/WBE(s).

       2.   Computation of MBE/WBE Percent Goal Participation:

                a.   The total dollar value of the work granted to the MBE/WBE by the successful bidder is
                     counted towards the applicable goal of the entire contract.

                b.    A bidder may count toward hisher MBE/WBE goal only expenditures to MBE/WBEs that
                      perform a commercially useful function in the work of a contract. A MBEIWBE is considered
                      to perform a commercially useful function when it is responsible for executing a distinct
                      element of the work contract and canying out its responsibilities by actually performing,
                      managing and supervising the work involved.
                                                                                                                 . --
                c.    A bidder may count toward its MBE/WBE goals expenditures for materials and supplies
                      obtained fiom MBE/WBE suppliers and manufacturers, provided that the MBE/WBE assumes
                      the actual and contractual responsibility for the provision of the materials and supplies.

                      (1) The bidder may count its entire expenditure to a MBE/WBE manufacturer. A
                          manufacturer shall be defined as an individual or firm that produces goods £?om raw
                          materials or substantially alters them before resale.

                      (2) The bidder may count one hundred (100%) percent of its expenditures to MBE/WBE
                          suppliers that are not manufacturers provided that the MBE/WBE supplier performs a
                          commercially useful function, as defined above in the supply process.

                d.    A bidder may count towards hisfher MBE/WBE goals that portion of the total dollar value
                      granted to a certified joint venture equal to the percentage of the ownership and control of the
                      MBEIWBE partner in the joint venture.


00200 - INSTRUCTION TO BIDDERS                                                                            PAGE 5 OF 7
    3.   Certification by bidder of M B E M E Subcontractors:

            a.   The bidder shall submit with hisher bid proposal the information requested in the M B E M E
                 Compliance Evaluation Form for every M B E M E subcontractor the bidder intends to use on
                 the contract work.

            a.   If the M B E M E subcontractor that the bidder proposes to use on the project is not certified,
                 the bidder shall submit with hislher proposal the information requested in the MBUWBE
                 Eligibility Determination Form. If the proposed subcontractor is c d e d as a M B E M E 6rm
                 by the federal governrnent, any state or government agency or any State of Missouri city or
                 county government agency, the bidder shall so note and provide particulars.

            b.   If the MBEJWBE subcontractor that the bidder intends ta use is a joint venture, and one (1) or
                 more co-venturers is not certified as a M B E M E , the bidder shall submit with hisher
                 proposal the information requested in the MBUWBE Eligibility Deterinination Form for Joint
                 Ventures.

    4.   Waiver of M B E M E Participation:

            a.   The bidder is required to make a good faith effort to locate and contract with M B E M E s . If a
                 bidder has made a good faith effort to secure the required M B E M E s and has failed, hetshe
                 may submit with hisher bid proposal the information requested in Application for M B E M E
                 Participation Waiver. The Owner will review the bidder's actions as set forth in the bidder's
                 Application for Waiver, and any other factors deemed relevant by the Owner, to determine if a
                 good faith effort has been made to meet the applicable percentage goal. If the bidder is judged
                 not to have made a good faith effort, the bid shall be rejected. Bidders who demonstrate that
                 they have made a good faith effort to include M B M E participation will be awarded the
                 contract regardless of the percent of MBE/WBE participation, provided the bid is otherwise
                 acceptable.

            b.    In reaching hisher determination of good faith, the Owner may evaluate, but is not limited to,
                  the following factors:

                  (1)       Attendance at pre-bid meetings scheduled by the Owner to inform bidders and
                            M B E M E s of contracting and subcontracting opportunities and responsibilities
                            associated with M B E M E participation;

                  (2)        Attempts by the bidder to advertise in general circulation trade association and
                             minority focus media concerning subcontracting opportunities;                   .   .-




                  (3)        Attempts to provide written notice to specific MBE/WBEs that their services were
                             being solicited, in sufficient time to allow for their effective participation;

                  (4)        Follow-up attempts by the bidder to the initial solicitation(s) to determine with
                             certainty whether M B E M E s were interested;

                  (5)        The extent to which the bidder divided work into projects suitable for
                             subcontracting to M B E M E s ;

                  (6)      Whether the bidder provided interested M B E M E s with sufficiently detailed
                           information about the plans, specifications and requirements about the contract;

                  (7)        Efforts by the bidder to negotiate in good faith with MBWWBEs for specific sub-
                             bids. Documentation should include names, addresses, and telephone numbers of


00200 - INSTRUCTION TO BIDDERS                                                                        PAGE 6 OF 7
                              h s contacted, a description of all information provided the M B E M E s , and an
                              explanation as to why agreements were not reached;

                    (8)       Reasons for rejecting MBUWBE's proposal

                    (9)       The bidder's initiatives to encourage and develop MBElWBEs

                    (10)      The efforts of the bidder to help the MBEIWBE overcome and legal or other barriers
                              impeding the participation of MBEWBE's in the construction contract;

                    (1 1)     The availability of MBUWBEs and the adequacy of the bidder's efforts to increase the
                              participation of such businesses provided by the persons and organizations consulted by
                              the bidder.

B. The Owner reserves the right to provide bidders the opportunity to correct or amplifL information concerning
   MBUWBE goals. The additional information will be telephonically transmitted within 48 hours of a phone request
   fiom the Owner. The telephonic requests will normally be made within 48 hours after bid opening. The telephonic
   information will be confirmed in writing. The written document must be postmarked no later than midnight of the
   second day following the telephonic request.


END OF SECTION 00200




                                                                                                                        -
00200 - INSTRUCTION TO BIDDERS                                                                           PAGE 7 OF 7
THIS PAGE INTENTIONALLY LEFT BLANK
                             MISSOURI DEPARTMENT OF
                                  CONSERVATION
                                          DESIGN AND DEVELOPMENT
                              Bid Date: January 10,2008            Bid Time: 1 :30 PM

SECTION 004 10 - PROPOSAL FORM
1.0   BID

      A.     From:            Bidders's Name:
                              Address:


                              Herein after called the "Bidder".

      B.     To:              Missouri Department of Conservation
                              Design and Development
                              PO Box 180,2901 West Truman Blvd.
                              Jefferson City, MO 65 102

                              herein after called the "Owner."



             For:             Blind Pony Fish Hatchery - Renovation of Fish Production Ponds
                              Saline County, MO


      C.     Job Number:      65- 12-45

      D.     Documents: The undersigned having examined and being familiar with the local conditions
             affecting the work and with contract documents including the Drawings, The Notice to
             Contractors, Instruction To Bidders, Statement of Bidders Qualifications, General Conditions,
             Supplement to General Conditions, and the technical specifications, including:

             Addenda number                through                inclusive                             .    .-



             as issued by the Design and Development, hereby propose to furnish all labor, materials,
             equipment, services, etc.. Required for the performance and completion for the aforementioned
             work, as hereby proposes to perform the Work for the Following:

      E.     Base Bid amount as shown on 'Section 004 1 1-Pay Item Breakdown.




                                                                                                                  --

004 10 - PROPOSAL FORM                                                                           PAGE 1 OF 3
2.0   MBEIWBE PERCENTAGE OF PARTICIPATION: MBE                        % WBE                         Yo
      NOTE: Projects over $100,000 specific goals are: MBE 10 % and WBE 5 %

3.0   BID BOND
      Accompanying the bid is:         5% Bid Bond or       Cashier's Check/Bank Draft of 5% of base bid.
      Payable without condition, to the Department of Conservation, State of Missouri, per Article 5 of
      "Instructions to Bidders."

4.0   CONTRACT COMPLETION TIME AND LIQUIDATED DAMAGES
      A.   The Bidder agrees to complete the work within Eighty Five (85) Working Days from the date
           specified in the written 'Notice to Proceed." The work shall be performed concurrently.
           Contractor further agrees to pay, or allow the State as liquidated damages the sum of EIGHT
           HUNDRED, ($800.00) for each day thereafter, Saturdays, Sundays, National and State holidays
           excepted, that the work remains incomplete.

5.0   ATTACMMENTS TO BID:
      A.   004 11 Pay Item Breakdown
      B.   004 12 Contracting of Work
      C.   004 13 Equipment Rental List
      D.   004 15 Contractor's Qualifications
      E.   00450 W       E Compliance Evaluation Form
      F.   0045 1 W      E Eligibility Determination Form
      G.   00452 M/WBE Eligibility Determination for Joint Ventures
      H.   00453 M/WBE Application for Waiver
      I.          Bid Bond

6.0   BIDDER'S CERTIFICATIONS:
      A.    The Bidder agrees to pay not less than the hourly rate of wages as determined by the Department
            of Labor and Industrial Relations, State of Missouri, in accordance with Section 290.210 to
            290.340 as amended RSMO 1978.

      B.      The Bidder hereby certifies that this bid is genuine and is not made in the interest of or on behalf
              of any undisclosed person, firm,or corporation, and is not submitted in conformity with any
              agreement or rules of any group, association or corporation;

              That helshe has not directly or indirectly induced or solicited any other bidder to put in a false or
              sham proposal;

              That hetshe has not solicited or induced any person, fum or corporation to refiain fiom-submittiig
              a bid;

              That helshe has not sought by collusion or otherwise to obtain for himself any advantage over any
              other bidders or over the Owner.

              That helshe will not discriminate against any employee or applicant for employment because or
              race, creed, color or national origin in the performance of the work.                                    --
               Section 285.230



                                                                                                                        *

                                                                                                                       --

00410 - PROPOSAL FORM                                                                                    PAGE 2 OF 3
7.0       DATE:

          A.        Dated this:              day of                        ,20-.




                                                                               ,
8.0       SIGNATURES:

      r                            1                                                         -
      Individual
      -                Partnership!- Joint Venture               Corporation           LLC

          Business Name:

          Address



          Telephone:                                             Fax
                                                                 No.

          Federal ID No.                                         Social Security
                                                                 No.

          Incorporated under the laws of the State of
          (If a corporation organized in a state other than Missouri, Attach Certificate of Authority to do business in
          the State of Missouri.)




          Bidder's Signature                                     Corporate Secretary's Signature and Seal


          Typed or printed Name of Signor


          Partner/Joint Venture Signature


          Typed or Printed Name of Signor




                                                                                                                          -
004 10 - PROPOSAL FORM                                                                                    PAGE 3 OF 3
THIS PAGE INTENTIONALLY LEFT BLANK-   .
SECTION 00411 - PAY ITEM BREAKDOWN
Project Job Number: 65-12-45

A.      DESCRIPTION:

        It is understood by the undersigned that the quantities given in the following itemized proposal are not
        guaranteed by the Department of Conservation, and may or may not represent the actual quantities
        encountered on the job; and that the sum of the products of the quantities listed on the itemized proposal
        sheet, multiplied by the unit price, shall constitute the base bid. The undersigned offers to do the work
        whether the final quantities are increased or decreased. At the unit prices stated in the following schedule.


                                                   Estimated                              Unit
                   Item                            Quantities            Unit             Bid                Total
BASE BID:
1. Mobilization 1 Demobilization               1                  Lump Sum                             $

2. Concrete Harvesting Kettle                  4                  Each               $                 $

3. Seeding & Mulchlng                          1                  Acre               $                 $




TOTAL BASE BID AMOUNT

                                                                           Dollars                               Cents




Alternate #1                                                          Lump Sum

Alternate #2                                                          Lump Sum




                                                                                                                         -
004 11 PAY ITEM BREAKDOWN                                                                                  PAGE 1 OF 1
THIS PAGE INTENTIONALLY LEFT BLANK
SECTION 00412 - CONTRACTING OF WORK
Project Job No. 65-12-45
1.0     CONTRACTORS/SLTBCONTRACTOR/MATERIAL
                                          SUPPLIER LIST:

         A.                           i m or
                Failure to list your f r , a subcontractor for each category of work listed under "Description of
                Work" shall be cause for rejection of the bid. If more than one 6rm performs work in one
                category, you must designate the portion of work to be performed by each
                contractor/subcontractor. After bid opening, no substitutes of listed f m will be allowed except
                as indicated in SECTION 0700-GENERAL CONDITIONS, Article 23- SUBCONTRACTORS.

         B.     Also list all MBENJ3E subcontractors and material supplier performing work not listed. Check
                the appropriate box for either MBE or WBE. Materials purchased direct from a MBEJWBE
                manufacturer may be counted as 100% toward the MBEIWBE goal. Failure to meet the MBE
                WBE goal set in the Bid Form Section 00410 or to obtain a Waiver of MBENJ3E Participation
                shall be cause for rejection of the bid

         C.     The Bidder hereby certifies that the following Contractor, subcontractors, suppliers and/or
                manufacturers will be used in the performance of the work:

NOTE: List MBE/WBE subcontractors even if there is not MBEWBE goal for the project.




Number            Name of Firm                   Description of Work           MBE        WBE        Amount of Bid

 1
2
3
4
5
6
7
 8 .
9
 10
 11
 12
 13
 14
 15
                                                                                                                     I


                                                                                                                         -
00412 - CONTRACTING OF WORK                                                                          PAGE 1 OF 1
THIS PAGE INTENTIONALLY LEFT BLANK   .
SECTION 00413 - EQUIPMENT RENTAL LIST
Project Job Number: 65-12-45
This page is to be filled out in case of any unforeseen time and material required during the project.

                                                                                                         PRICE PER
       ITEM                  MANUFACTURER                 MODEL NO.              CAPACITY                 HOUR*




                                                                                                              . --




*All cost including operator, fuel, lubricants, tires, repairs, etc.                                                       -
                                                                                                                           -
00413 - EQUIPMENT RENTAL LIST                                                                                PAGE 1 OF 1
THIS PAGE INTENTIONALLY LEFT BLANK.
                          SECTION 00415 - CONTRACTORS QUALIFICATION



Firm Name


Address            City                                   State                              Zip


          Phone Number                          Fax No.                             E-mail Address



      Corporation                          Partnership                          Individual

CONSTRUCTION CAPABILITIES:

     General,        Electrical,      Mechanical,           Excavation,
                                                                                    Other
FOR CORPORATION ONLY:                                     FEDERAL I.D. NUMBER


Date of Incorporation                                     Name of State(s) in which Incorporated


If not incorporated in Missouri,                                  Certificate No.     Date
give Certificate of Authority to do
business in Missouri


Presidentls.Name                                                  Vice President's Name


Secretary's Name                                                   Treasurer's Name

FOR PARTNERSHlP ONLY:                 Federal Tax ID NO.
Partnership:        General           Limited             Association                                .   --
                                                                           Date of Organization

  Name and address of all partners with zip codes


          Use additional sheet if necessary

GENERAL INFORMATION
Percent (%) of work done by Contractor
No. of Permanent employees
Geographical limits of Operation
No. years in business

004 15 - CONTRACTOR QUALIFICATIONS
If you have done business under different name, please give name and location



     im
Has f r ever failed to complete project or defaulted on a contract? If so, state where and
why?

-
Has firm ever been engaged in litigation over any contract? If so, explain




LIST OF COMPLETED PROJECTS WITHIN PAST FIVE YEARS, INCLUDING COST OF EACH AND NAME,
PHONE NUMBERS, AND ADDRESS OF OWNER CONTACT:




LIST OF PROJECTS CURRENTLY UNDER CONSTRUCTION, INCLUDING COST OF EACH AND NAME,_
PHONE NUMBERS, AND ADDRESS OF OWNER CONTACT:




                                                                                                           -
                                                                                                           -
004 15 - CONTRACTOR QUALIFICATIONS                                                           PAGE 2 OF 2
SECTION 00450 - MBErWBE COMPLIANCE EVALUATION FORM
                                          (For Projects of $100,000 or More)

This form is to be completed by bidders and submitted to the Missouri Department of Conservation with the bid
proposal. A condition for remaining in competition for award is the satisfactory completion of this form for each
minoritylwoman-owned f r who will h c t i o n as a subcontractor on the contract.
                         im

The undersigned submits the following data with respect to this firm's assurance to meet the goal for MBE/WBE
participation.

1.       Project:

2.       Name of General Contractor:

3.       Name of MBE/WBE Firm:

                    Designate whether a MBE fm              andlor a WBE fm

                    Address:                                                  Telephone:

                    Type of Business:

                    Officer:                   Title:

4.       Describe the subcontract work to be performed. (List Base Bid work and any Alternate work separately):

                    Base Bid:

                    Alternate(s), (identify separately):

5.       Dollar amount of contract to be subcontracted to the MBEIWBE Firm:

                    Base Bid: $                                    Altemate(s), (identify separately):

6.       Is the proposed subcontractor certified as a MBE/WBE f by any of the following: federal government
                                                                   m
         agencies, state agencies, State of Missouri city or county government agencies?

                             H
                    Yes -No - yes, provide details.
                                                                                                               - --
7.       If the answer is no to the question above, please attach the information requested in the MBE&E
         Eligibility Determination Form.

         Signature:

         Name:

         Title:                                            Date:




00450 - MBEIWBE COMPLIANCE EVALUATION FORM                                                               PAGE 1 OF 1
THIS PAGE INTENTIONALLY LEFT BLANK   .
SECTION 00451 - MIWBE ELIGIBILITY DETERMINATION FORM
                                        (For Projects of $100,000 or More)

     Name of finn:

     Designate whether a MBE firm                       im
                                          andlor a WBE fr

     Address of fum:

     Phone Number of firm:

     Indicate whether fm is sole proprietorship, partnership, joint venture, corporation or other business entity
     (Please specify):

     Nature of firm's business

     Number of years firm has been in business

     Ownership of firm: Identify those who own 5 percent or more of the fums ownership. Columns "e" and "f'
     need be filled out only if the firm is less than 100 percent minority-owned.

     a                 b                  c                  d                     e                    f
     Name              Race               Sex                Year of             Ownership          Voting
                                                             Ownership           Percentage         Percentage




     For f m less than 100 percent minority/woman-owned, list the contributions of money, equipment, real
     estate, or expertise of each of the owners.




                                                                                                                          =
9.   Control of fum: (a) ldentify by name, race, sex, and title those individuals (including owners and non-owners)
     who are responsible for day-to-day management and policy decision making, including, but not limited to,
     those with prime responsibility for:

        A. Financial decisions
           (1) Management decisions, such as:                                                                    .   .-

               a. Estimating
               b. Marketing and sales
               c. Hiring and firing of management personnel
               d. Purchases of field operations
               e. Supervision of field operations
                                                                                                                              -
10. For each of those listed in question 8, provide a brief summary of the person's experience and number of years
    with the firm, indicating the person's qualifications for the responsibilities given him or her.




00451 - W      E ELIGlBlLITY DETERMINATION FORM                                                         PAGE 1 OF 3
1 1. Describe or attach a copy of any stock options or other ownership options that are outstanding, and any
     agreements between owners or between owners and third parties which restrict ownership or control of
     minority owners.




12. Identify any owner (see Item 7) or management official (see Item 8) of the named firm who is or has been an
                          im
    employee of another fr that has an ownership interest in or a present business relationship with the named
    fm. Present business relationships include shared space, equipment, financing, or employees as well as both
    firms having some of the same owners.



13. What are the gross receipts of the fun for each of the last two years?
    Year ending                          $
    Year ending                                      $

14. Name, address and telephone number of bonding company, if any:


     Bonding limits:                              Source of letters of credit, if any

15. Are you authorized to do business in the State of Missouri as well as locally, including all necessary business
    licenses?


16. Indicate if this fm or other firms with any of the same officers have previously received or been denied
    certification or participation as an MBE and describe the circumstances. Indicate the name of the certifying
    authority and the date of such certification or denial.




00451 - M/WBE ELIGIBILITY DETERMINATION FORM                                                           PAGE 2 OF 3
 Affidavit

 "The undersigned swears that the foregoing statements are true and correct and include all material information
 necessary to identify and explain the operation of                        (name of firm) as well as the ownership
 thereof. Further, the undersigned agrees to provide through the prime contractor or directly to the Missouri
 Department of Conservation current, complete and accurate information regarding actual work performed on the
 project, the payment therefor and any proposed changes, if any, of the foregoing arrangements and to permit the
 audit and examination of books, records and files of the named firm. Any material misrepresentation will be
 grounds for terminating any contract which may be awarded and for initiating action under federal or state laws
 concerning false statements."

Note: If, after filing this information and before the work of this firm is completed on the contract covered by this
       regulation, there is any significant change in the information submitted, you must inform the Missouri
       Department of Conservation of the change either through the prime contractor or directly.

 Signature
 Name


 Corporate Seal (where appropriate)




 State of
 County of

 On this        day of               ,20-     before me appeared (name)                            to me personally
 known, who, being duly sworn, did execute the foregoing affidavit, and did state that he or she was properly
 authorized by (name of firm)                                 to execute the affidavit and did so as his or her own     .

 fiee act and deed.




 (Seal)

 Notary Public
 Commission expires




 00451 - Mn;CrBE ELIGIBILITY DETERMINATION FORM                                                           PAGE 3 OF 3
                                                                                                                            -
THIS PAGE INTENTIONALLY LEFT BLANK.
                 SECTION 00452 - M/WBE ELIGIBILITY DETERMINATION
                                    JOINT VENTURES
                                         (For Projects of $100,000 or More)

This form need not be filled in if each of the f m s in the joint venture is minoritylwoman-owned.

1.   Name of Joint venture

                                      1
                                                                '~ '
                                                                7-

2.   Designate whether a MBE firm     1     andlor a W E firm     -




3.   Address of fum

4.   Phone number ofjoint venture

5.   Identify the f m s which comprise the joint venture. (The MBE partner must complete the M B E W E Eligibility
     Determination Form)

         (a.) Describe the role of the MBE firm in the joint venture.




         (b.) Describe very briefly the experience and business qualifications of each non MBElWBE co-venturer.




6.   Nature of the joint venture's business aimed percentage of MBEfWBE ownership?
                                                  -




7.    What is the claimed percentage of MBEIWBE ownership?


8.    Ownership ofjoint venture. Attach a copy of the joint venture agreement. (The following need not be filled in if .- -
      described in the joint venture agreement)



          (a.)     Description of profit and loss sharing.
                                                                                                              ..   --


          (b.)     Description of capital contributions, including equipment.


          (c.)     Description of other applicable ownership interests.




                                                                                                                              -
00452 - MIWBE ELIGIBILITY DETERMINATION JOINT VENTURES                                                       PAGE 1 OF 3 -
9.   Control of and participation in this contract. Identify by name, race, sex, and "firm" those individuals (and their
       titles) who are responsible for day-to-day management and policy decision-making, including, but not limited to,
       those with prime responsibility for:

             a.    Financial decisions
             b.    Management decisions, such as:
                   1. Estimating
                   2. Marketing and sales
                   3. Hiring and firing of management personnel
                   4. Purchasing of Major items or supplies




NOTE - If after filing this information and before the completion of the joint venture's work on the contract covered by
this regulation there is any significant change in the information submitted, the joint venture must inform the Missouri
Department of Conservation, either directly or through the prime contractor.




                                                                                                                           -
00452 - W         E ELIGIBILITY DETERMINATION J O N VENTURES                                                 PAGE 2 OF 3 -
AFFIDAVIT

   "The undersigned swear that the foregoing statements are correct and include all material and information necessary
   to identify and explain the terms and operation of our joint venture and the intended participation by each joint
   venturer in the undertaking. Further, the undersigned covenant and agree to provide the Missouri Department of
   Conservation current, complete and accurate information regarding actual joint venture work and the payment
   therefor and any proposed changes in any of the joint venture arrangements and to permit the audit and examination
   of the books, records, and files of the joint venture, or those of each joint venturer relevant to the joint venture, by
   authorized representatives of the Missouri Department of conservation. Any material misrepresentation will be
   grounds for terminating any contract which may be awarded and for initiating action under Federal or State laws
   concerning false statements."


       Name of Firm                                           Name of Firm


       Signature                                   Signature


       Name                                          Name


       Title                                          Title


       ate                                            Date

Date
State of
County of

On this - of
         day                        ,20         ,before me appeared (name)                        to me personally known,
who, being duly sworn, did execute the foregoing affidavit, and did state that he or she was properly authorized by (name_
                                                                                                                               -
                                                                                                                              .~
of fm)                                to execute the afidavit and did so as his or her free act and deed.

Notary Public                                                   Commission
                                                       (seal)
Date                                                                                                             .   .-



State of

County of

On this        day of                  ,20       , before me appeared (name)                     to me personally known,           .

who, being duly sworn, did execute the foregoing affidavit, and did state that he or she was properly authorized by (name          -
of firm)                                    to execute the affidavit and did so as his or her free act and deed.

Notary Public                                                   Commission expires
                                                                (seal)

                                                                                                                                   -
00452 - MIWBE ELIGIBILITY DETERMINATION JOINT VENTURES                                                         PAGE 3 OF 3 -
THIS PAGE INTENTIONALLY LEFT BLANK.
SECTION 00453 - APPLICATION FOR WAIVER
                                           (For Projects of $100,000 or More)

This form is to be completed when appropriate and submitted with the bid proposal to the Missouri Department of
Conservation. Firms wishing to be considered for award are required to demonstrate that a good faith effort has been
made to include minority/woman-owned enterprises as subcontractors. This form will be used to evaluate the extent to
which a good faith effort has been made. The undersigned submits the following data with respect to the firm's efforts to
meet the goal for MBEIWBE Participation.

1.                                   im
      List pre-bid conferences your fr attended where MBEtWBE requirements were discussed.




2.   Identify advertising efforts undertaken by your furn which were intended to recruit potential minoritylwomen
       subcontractors for various aspects of this project. Provide names of newspapers, dates of advertisements and copies
       of ads that were run.




3. Note specific efforts to contact in writing those MBErWBEs capable of and likely to participate as subcontractors for
    this project.




4.   Describe steps taken by your fm to divide work into areas in which MBEJWBE would be capable of performing.




5.   . Whatefforts were taken to negotiate with prospective MBE/WBEs for specific sub-bids? Include the names, identify
       whether MBE andfor WBE, addresses and telephone numbers of MBENBEs contacted, a description of the
       information given to M B E M E s regarding the plans and specifications for the assigned work, and a s@teme_ntas
       to why additional agreements were not made with M B E M E s .




                                                                                                                             -
                                                                                                                             -
00453 - WWElE APPLICATION FOR WAIVER                                                                        PAGE I OF 2
6.   List reasons for rejecting a MBEIWBE which has been contacted.




7.   Describe efforts your f r may have taken to assist a MBEIWBE in overcoming legal or other requirements which
                            im
      may have to be met.



8.   Describe follow-up contacts with MBEIWBEs made by your f r after the initial solicitation.
                                                             im




9.   Describe the efforts made by your fm to provide interested MBErWBEs with sufficiently detailed information about
      the plans, specifications and requirements of the contract.




10. Describe your fm's efforts to locate MBENBEs, identify whether MBE or WBE, not on the directory list
     and assist MBEiWBEs in becoming certified as such.




Based on the above stated good faith efforts made to locate and supply MBENBEs, the bidder hereby requests that the
MBEIWBE percentage goal set by this regulation be waived and that the percentage goal for this project be set at
-        Percent.

The undersigned hereby certifies, having read the answers contained in the foregoing Application for Waiver, that they are
true and correct to the best of hislher knowledge, information and belief.

Signature:

Name:

Title:

Company:




                                                                                                                             -
00453 - MIWBE APPLICATION FOR WAIVER                                                                       PAGE 2 OF 2
                Missouri
     Division of Labor Standards
                                WAGE AND HOUR SECTION




                                      MATT BLUNT, Governor
                                                                                                            II
           Annual Wage Order No. 14
                                              Section 101
                                       SALINE 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 65102-0499 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
     Allen E. Dillingham, Director
     Division of Labor Standards

  This Is A True And Accurate Copy Which Was Filed With The Secretary of State: March 9,2007

  Last Date Objections May Be Filed: April 9,2007
                                                                                                            I I-
                Prepared by Missouri Department of Labor and Industrial Relations
   Building Construction Rates for                 REPLACEMENT PAGE                                               Section 101
   SALINE County

     OCCLIPATIONAL TITLE




         Construc
        ~gEngine
        I




        (Building




Fringe Benefit Percentage is of the Basic Hourly Rate

Attention Workers: If you are not being paid the appropriate wage rate and fringe benefits contact the Division
of Labor Standards at (573) 751-3403.



**Annual Incremental Increase

   'SEE FOOTNOTE PAGE                             ANNUAL WAGE ORDER NO. 14
     Building Construction Rates for                                                                           Section 101
     SALINE County Footnotes
                             Effective           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(s) and All Immediate Attachments. Use Heavy Construction
rates for remainder of project. For the occupational titles not listed in Heavy Construction Sheets, use Rates shown
on Building Construction Rate Sheet.

a - Vacation: Employees over 5 years - 8%, under 5 years - 6%




                                                  ANNUAL WAGE ORDER NO. 14
                                              SALINE COUNTY
                                 OVERTIME SCHEDULE - BUILDING 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 the maximum of eight (8) hours shall constitute a day's work beginning at 8:00 a.m. to 12:OO noon, 12:30 p.m. to
4:30 p.m. The maximum work week shall be forty (40) hours beginning Monday at 8:00 a.m. and ending Friday at 4:30 p.m.
Because of traffic, parking or other circumstances, the hours of work on any project may be any continuous 8% hours period (8
hours of work plus 30 minutes for lunch) between 7:00 a.m. and 4:30 p.m. When circumstances warrant and when it is mutually
beneficial and agreed to, the Employer may institute a work week consisting of four (4) consecutive ten (10) hour days, between
the hours of 7:00 a.m. and 6:00 p.m. Monday through Thursday, with one-half (%) hour allowed for a lunch period each day.
Friday may be used as a make-up day. After ten (10) hours in a workday, or forty (40) hours in a workweek, overtime shall be
paid at a rate of one and one-half (1%) times the regular rate of pay. Overtime performed Monday through Saturday shall be paid
at the rate of one and one-half (1%) times the regular rate of pay. Sundays and recognized holidays shall be paid at the double (2)
time rate of pay. Labor Day shall be paid at triple (3) time. Shift work may be performed at the option of the Contractor.
However, whenever shift work is performed it must cover a period not less than (5) consecutive working days. 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 shlft employees shall be
paid an additional $0.50 above the regular hourly rate and work seven (7) hours for eight (8) hours pay. In the event a first shift is
not required, a second and third shift employee shall receive an additional 15% of the base rate and receive pay for actual hours
worked.

NO. 13: Means a regular workday shall consist of eight (8) hours between 8:00 a.m. and 4:30 p.m. Forty (40) hours, within five
(5) days -- Monday through Friday inclusive -- shall constitute the regular workweek. The Employer may alter the above stated
hours by two (2) hours for an early starting and quitting time only, not to exceed eight (8) hours of work in any one day. The
employer may institute a work week consisting of four (4) consecutive ten (10) hour days between the hours of 7:00 a.m. and 6:00
p.m., Monday through Thursday. Friday may be used as a make-up day. After ten (10) hours in a workday, or forty (40) hours in
a workweek, overtime shall be paid at a rate of one and one-half (1%) times the regular rate of pay. The first four (4) hours of
overtime after the normal workday, each day Monday through Friday and the first ten (10) hours of overtime on Saturdays shall be
paid for at one and one-half (1%) times the regular straight time rate of pay. All other work performed outside of the regularly
scheduled working hours and outside of the first ten (10) hours worked on Saturdays shall be paid for at double (2) the regular
straight time rate of pay. Sundays and the recognized holidays shall be paid for at double (2) the regular straight time rate of pay,
if worked. Shift work performed between the hours of 4:30 p.m. and 12:30 a.m. (second shift) shall be paid at eight (8) hours pay
at the regular hourly rate 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 be paid at eight (8) hours pay at the regular hourly rate plus Ween (15%) percent for
                                                                                                   l
seven (7) hours work. A lunch period of thuty (30) minutes shall be allowed on each shift. Al 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. 17: Means the regular working day shall consist of eight (8) hours of labor between eight (8) a.m. and five (5) p.m. and the
regular work week shall consist of five (5) consecutive eight (8) hour days of labor beginning on Monday and ending with Friday
of each week. All Ill-time or part-time labor performed during such hours shall be recognized as regular working hours and
paid for at the regular hourly rate. Except as otherwise provided, all work performed outside of regular workmg hours d-yrjng the
regular work week, shall be at double (2) times the regular rate. When circumstances warrant and when it is mutually beneficial
and agreed to by interested parties, the Employer may institute a work week consisting of four (4) consecutive ten (10) hour days,
between the hours of six (6) a.m. and five (5) p.m., Monday through Thursday. Friday may be used as a make-up day. The make-
up day will be voluntary, and a decision not to work may not be held against the employee. When working four (4) ten (10) hour
days overtime will be paid at the time and one-half (1 % ) rate for the eleventh (1 lm)and twelfth ( 1 2 9 hour, all other work will be
paid at the double (2) time rate of pay. The first two (2) hours of overtime, Monday through Friday, and the first eight (8) hours
on Saturday shall be at time and one-half (1 %) for all work. All other overtime shall be at double (2) time. The first two (2) hours - -
of overtime must be concurrent with the regular work day, two (2) hours prior to or following the regular work day are at time and - -
one-half (1%). The regular workday (as previously defined) on Saturday is paid at time and one-half (1 %). Work performed
outside of the regular Saturday work day is at double (2) time. All work performed on recogmzed holidays, or days locally
observed as such, and Sundays shall be paid at the double (2) time rate of pay. The starting time may be varied by one (1)hour.




                                               ANNUAL WAGE ORDER NO. 14
                                                                                                  Page I of 5 Pages
                                             SALINE COUNTY
                                OVERTIME SCHEDULE - BUILDING CONSTRUCTI.ON

NO. 25: Means regular working hours of eight (8) hours shall constitute a working day between the hours of 8:00 a.m. to 4:30
p.m. in a forty (40) hour worlung week of Monday through Friday. Employment on Saturday, Sunday and legal holidays, and
employment before or after the regular working hours shall be considered overtime. Employment on Saturday, Sunday and legal
holidays shall be paid for at twice (2) the regular hourly rate. Employment Erom 4:30 p.m. to 12:OO midnight, Monday through
Friday, shall be paid for at one and one-half (1%) times the regular hourly rate. From 12:OO midnight until 8:00 a.m. on any day
shall be paid for at twice (2) the regular hourly rate.

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, shaU 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.

NO. 30: Means Monday through Sunday shall constitute the work week. Regular starting time shall be 8:00 A.M., except when
the work week is scheduled as a week with starting time advanced or delayed. Starting time may be advanced or delayed by the
employer up to two (2) hours fiom the regular starting time. Eight (8) hours shall constitute the work day. All work performed
prior to or after the regular eight (8) hour work day, as described above, and all work performed on Saturday shall be paid at time
and one-half (1%) the regular rate. In the event that a scheduled eight (8) hour work day is missed (not to include holidays)
because of events out of the control of the contractor, then that missed work day may be made up at straight time the following
Saturday. It is recognized that not all employees working on a Saturday make-up day will have worked the same number of hours
during the regular work week. It is M e r recognized that any work after the forty (40) hours in a week must be paid at time and
one-half (1 %). Saturday make-up day shaU not be used to make up for time lost due to recognized holidays. The employer may
establish a 4-10's schedule on projects (4 days with 10 hours per day). Ifusing a 4-10's schedule, a Friday make-up day is allowed.
If using a 4 (10) schedule, any work more than ten (10) hours in a day or forty (40) hours in a work week shall be paid at the time
and one-half (1 %) rate. Friday make-up day shall not be used to make up for time lost due to recogmzed holidays. All work
performed on Sundays or holidays shall be paid at the double (2) time rate.

NO. 31: Means a regular work week shall consist of not more than forty (40) hours of work and all work performed over and
above ten (10) hours per day and forty (40) hours per week shall be paid at the rate of time and one-half (1%). A workday is to
begin between 6:00 a.m. and 9:00 a.m. at the option of the Employer except when inclement weather or other conditions beyo&
the reasonable control of the Employer, in which event, the starting time may be advanced or delayed. Work performed on
recognized holidays or days observed as such, shall receive time and one-half (1%).

NO. 33: Means the standard work day shall be eight (8) consecutive hours of work between the hours of 6:00 a.m. and 6:00 p.m.,
excludmg the lunch period, or shall conform to the practice on the job site. Four (4) days at ten (10) hours a dapmay 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. 37: The Employer may choose, at his discretion, to work five eight hour days or four ten hour days with a Friday make-up
day, Monday through Friday at straight time. Overtime shall be paid after eight (8) hours when working "five eights" and after ten
hours when working "four tens". All work performed on Sundays and recognized holidays shall be paid for at the rate of double -
                                                                                                            l
(2) time. All Saturday work shall be paid for at the rate of time and one-half (1%) the regular wage rate. Al night work during the ,
                                                                                                                                    -
regular work week other than the above-mentioned days shall be paid for at the rate of time and one-half (1%) the regular wage --
scale until midnight and double (2) time after midnight except make-up time will be allowed under the following condition: In the
event of inclement weather on exterior projects which prevents working the full regular eight (8) hour day, forty (40) hour work
week schedule, a Saturday make-up day can be granted. Then said work on Saturday shall be paid at the straight time rate of pay
up to a maximum total of forty (40) hours per week.




                                               ANNUAL WAGE ORDER NO. 14
                                                                                                 Page 2 of 5 Pages
                                             SALINE COUNTY
                                OVERTIME SCHEDULE - BUILDING CONSTRUCTION

NO. 45: Means eight (8) hours shall constitute a day's work, beginning at 8:00 a.m. and ending at 4:30 p.m. The regular work
week shall be forty (40) hours, beginning Monday, 8:00 a.m. and ending at 4:30 p.m. Friday. Because of traffic, parking and other
circumstances, the hours of work on any project may begin as early as 6:00 a.m. with eight (8) hours worked between 6:00 a.m.
and 4:30 p.m. When circumstances warrant and when it is mutually beneficial and agreed to, the employer may institute a work
week consisting of four (4) consecutive ten (10) hour days, between the hours of 7:00 a.m. and 6:00 p.m., Monday through
Thursday. Friday may be used as a make-up day. After ten (10) hours in a workday, or forty (40) hours in a workweek, overtime
shall be paid at a rate of one and one-half (1 %) times the regular rate of pay. AU overtime Monday through Saturday shall be paid
at the rate of time and one-half (1%) the regular rate of pay. Sunday and recognized holidays shall be paid at double (2) time.
Labor Day shall be paid at triple (3) time. S M work may be performed at the option of the Contractor. However, whenever shift
work is performed it must cover a period not less than (5) consecutive working days. The day shift shall work a regular eight (8)
hours shift as outlined above. The hourly rate for second shift (seven and one-half hours worked for eight hours paid) shall be
twenty-five cents ($0.25) over and above the hourly rate. The hourly rate for third shift (seven hours worked, eight hours paid)
shall be fifty cents ($0.50) above the hourly rate. If no first shift is worked, second and third shift employees shall receive an
additional fifteen percent (15%) over and above the hourly rate for actual hours worked

NO. 46: Means the regular work day shall be eight (8) hours fi-om 6:00 a.m. to 6: 30 p.m. Starting time may be between 6:00 a.m.
and 10:OO a.m. The regular work week shall be forty (40) hours, beginning between 6:00 a.m. and 10:OO a.m. on Monday and
ending between 2:30 p.m. and 6:30 p.m. on Friday. All hours in excess of the regular work day and work week shall be
considered overtime. Overtime on days recognized as regular work days and on Saturday shall be paid for at the rate of time and
one-half (1 %) the regular rate. Sunday and recognized holidays shall be paid for at the rate of double time (2) for time worked.
The Employer may establish a work week consisting of four (4) days, Monday through Thursday, each day consisting of ten (10)
hours at straight time rate of pay. The 4-10's must run for a period of at least four (4) days.

NO. 50: Means eight (8) hours constitute a normal day's work Monday through Friday. Any time worked over eight (8) hours
will normally be paid at time and one-half (1%) except for exclusions stated in some following additional sentences. The
Employer, at his discretion, may start the work day between 6:00 a.m. and 9:00 a.m. Any schedule chosen shall be started at the
beginning of the work week (Monday) and used for at least five days. Work may be scheduled on a four (4) days a week (Monday
through Thursday) at ten (10) hours a day schedule. If such a schedule is employed, then Friday may be used as a make-up day
when time is lost due to inclement weather. Time and one-half (1 %) shall be paid for any work in excess of eight (8) hours in any
regular work day Monday through Friday unless working 4-lo's, then time and one-half (1%) after ten (10) hours. AU work
performed on Saturday will be time and one-half (1 %). Double (2) time shall be paid for all work on Sundays and recognized
holidays.

NO. 52: Means the regular workweek shall consist of five (5) eight (8) hour days, Monday through Friday. The regular workday
shall consist of a eight (8) hour period, to be worked between the agreed upon starting time, and endmg no later than 4:30 p . 6
The agreed upon starting time shall be any time between the hours of 6:00 a.m. and 8:00 a.m. The option exists for the employer
to use a four (4) day, ten (10) hour work week. Days worked shall be Monday through Thursday or Tuesday through Friday. If
the job requires men on duty all five (5) days, then part of the crew may work the first four (4) days and the remainder of the crew
may work the last four (4) days. Hours each day shall be fi-om 7:00 a.m. to 5:30 p.m. Interested party's on the project must agree
to this clause before it may be used. Once ths clause has been put into effect, it shall remain as long as the majority of the
Employees on the project and the Employer agree to keep it. The four (4) day clause shall not be used to circumve& a - ~ o l i d a ~ .
Except as otherwise provided, all work performed outside the regular working hours and performed during the regular work week
(Monday through Friday) shall be at the following rates of pay:
          Holidays-New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Christmas Day (or days observed as
such) shall be recognized as Holidays that shall be paid at two (2) times the regular rate of pay.
          Labor Day-No work shall be performed on Labor Day except in special cases of emergency. Rate of pay shall be at three
(3) times the regular rate of pay.                                                                                                   -
                                                                                                                                     -
          Overtime-Work performed outside of the regular work day (the regular work day shall consist of an eight (8) hour period, .-
to be worked between the agreed upon starting time, and ending not later than 4:30 p.m. The agreed upon starting time shall be
any time between the hours of 6:00 a.m. and 8:00 a.m., by mutual consent of the interested party's.), shall be:
          A. Hours worked Monday through Friday, the first two (2) hours of overtime will be paid at time and one-half (1%).
               All other overtime will be paid at the double (2) time rate.
          B. The first ten (10) hours worked on Saturday will be paid at time and one-half (l%), with all other hours to be paid at
               the double (2) time rate.
                                                                                                                                     _
                                                                                                                                     -
          C. Sundays and Holidays (except Labor Day) shall be paid at the double (2) time rate.



                                              ANNUAL WAGE ORDER NO. 14
                                                                                               Page 3 of 5 Pages
                                             SALINE COUNTY
                                OVERTIME SCHEDULE - BUILDING CONSTRUCTION

NO. 57: 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. The above may be changed by mutual consent of
authorized personnel. When circumstances warrant, the Employer may change the regular workweek to four (4) ten-hour days at
the regular time rate of pay. It being understood that all other pertinent information must be adjusted accordingly. All time
                                                                                             l
worked before and after the established workday of eight (8) hours, Monday through Friday, al 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.

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 weeks 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 (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.

NO. 63: Means eight (8) hours shall constitute the regular work day between time that may be advanced or delayed by two (2)
hours on either side of 8:00 AM. The Employer may establish a work week consisting of four (4) days, Monday through
Thursday, each day consisting of ten (10) hours straight time. The four (4) tens (10s) must run for a period of at least four (4)
days, Monday through Thursday. All work on Friday on a four (4) tens (10) project will be paid at the rate of time and one-half
(1%). All work performed on Saturday shall be paid at time and one-half (1 %). All work performed on Sundays and recognized
                                           l
holidays must be paid at double (2) time. Al work performed prior to or after the regular eight (8) hour work day, or ten (10) hour
work day, as described above shall be paid at time and one-half (1 %) the regular rate.

NO. 65: Means Monday through Sunday shall constitute the work week. Regular starting time shall be 8:00 a.m., with one half
hour for lunch between three and one-half (3%) and five (5) hours after starting time. The starting time may be advanced by two
(2) hours or delayed one (1) hour by the employer horn the regular starting time. All work performed before the advanced starting
time and during the half hour lunch shall be paid at the overtime rate of time and one-half (1%). Work performed outside these
                                                                                                             l
hours shall be paid at the overtime rate of tune and one-half (1 %), except as provided otherwise below. Al work performed on
Sundays or recognized holidays shall be paid at the double (2) time rate. When the start time is delayed past 9:00 a.m., the
employee's pay shall start at 9:00 a.m. and all time, after the normal quitting time (5:30 p.m.), shall be paid at the overtime rate.
Eight (8) hours shall constitute the work day. All work performed prior to or after the regular eight (8) hour work day, as
described above, and all work performed on Saturday shall be paid at time and one-half (1 %) the regular rate. In the event that a
scheduled eight (8) hour work day is missed (not including recognized holidays) because of inclement weather, then that missed
work day may be made up at straight time on the following Saturday. It is recognized that not all employees wbrkkg on a
Saturday make-up day will have worked the same number of hours during the regular work week. It is M e r recognized that any
work after forty (40) hours must be paid at time and one-half (1%). The employer may establish a 4-10's schedule on projects (4
days with 10 hours per day at straight time). In order to use the 4-10's schedule, the employer must schedule the 4-10's for a
minimum of one (1) week. If using a 4-10's schedule, a Friday makeup day is allowed.




                                               ANNUAL WAGE ORDER NO. 14
                                                                                                 Page 4 of 5 Pages
                                             SALINE COUNTY
                                OVERTIME SCHEDULE - BUILDING CONSTRUCTION

NO. 85: Means the work week shall be Monday through Sunday. Eight (8) hours shall constitute a day's work to begin between
6:00 a.m. and 9:00 a.m. and end between 2:30 p.m. to 5:30 p.m. Employees required to work during their lunch period shall
receive the overtime rate. Employees shall receive time and one-half (1%) for al time they are required to work prior to their
                                                                                    l
normal starting time or after eight (8) hours or normal quitting time. Monday through Friday, or all day on Saturday. If an
Employer has started the work week on a five day, eight hours a day schedule, and due to inclement weather misses any time, then
he may switch to a nine or ten hours a day schedule, at straight time, for the remainder of that work week in order to make up for
                                        U
the lost time (10-hour make-up day). A work over ten (10) hours a day or over forty (40) hours a week must be paid at time &
one-half (1%). Sundays and recognized holidays shall be paid at the double (2) time rate of pay. A contractor may alter the
regular work week to four (4) ten (10) hour days at straight time rate of pay. To do this the scheduled 4-10's must be worked at
least one full week and the regular workweek shall be Monday through Thursday with Friday being a make-up day at straight time
for days missed in the regular workweek due to inclement weather. If 5-8's are being worked, Saturday may be used as a make-up
day at straight time if inclement weather prevents work during the normal work week.

NO. 88: Means the regular work week shall consist of five (5) eight (58) hour days, 8:00 a.m. to 4 3 0 p.m., Monday through
Friday, except when the work week is scheduled as a 4-10's week or as a week with start time advanced or delayed as described
below. The starting time may be advanced or delayed by one hour on either side of 8:00 a.m. The advanced or delayed starting
time must run for a period of at least five (5) days. The Employer may establish a work week consisting of four (4) days, during
the regular work week, each day consisting of ten (10) hours at straight time. The 410's must run for a period of at least four (4)
days. Time and one-half (1%) shall be paid for any work in excess of eight (8) hours in any regular work day Monday through
Friday (or ten hours in a 4-10's week), the first eight (8) hours of a Saturday, and it shall be at time and one-half (1%) for the
Friday and Saturday following Thanksgiving. Double (2) time shall be paid for the following time worked on Sunday, New
Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Chnstrnas Day, as well as any work in excess of
eight (8) hours on a Saturday and the Saturday of a three-day weekend (except the Saturday following Thanksgiving).

NO. 94: Means eight (8) hours shall constitute a days 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 dunng 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. 95: Means a regular workday shall consist of eight and one-half (8%) hours elapsed time, including one-half hour for lunch.
The crew starting times shall be flexible within the period of daylight to 8:00 a.m. Any work performed over ten (10) hours of
elapsed time per day including one-half hour for lunch andlor any work performed over forty (40) hours at the straight time rate in
one week shall be paid at time and one-half (1%) the straight time rate. Saturday shall be a voluntary make-up day at straight timg
at the discretion of the contractor and with the consent of the employees. Sunday and recognized holidays shall be paid for at
double (2) time.




                                              ANNUAL WAGE ORDER NO. 14
                                                                                                Page 5 of 5 Pages
                                       SALINE COUNTY
                          HOLIDAY SCHEDULE - BUILDING CONSTRUCTION
NO. 2: All work performed on New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day,
or the days observed as such, shall be paid at the double time rate of pay.

NO. 4: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas Day
shall be paid at the double time rate of pay. If any of the above holidays fall on Sunday, Monday will be observed as the
recognized holiday. If any of the above holidays fall on Saturday, Friday will be observed as the recognized holiday.

NO. 5: All work that shall be done on New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day,
Thanksgiving Day, and Christmas Day shall be paid at the double (2) time rate of pay.

NO. 7: All work done on New Year's Day, Memorial 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
following Monday. If a holiday falls on a Saturday, it shall be observed on the preceding Friday.

NO. 19: All work done on New Y e d 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 the holiday and all work performed on said
day shall be at the double (2) time rate. When one of the holidays falls on Saturday, the preceding Friday shall be considered the
holiday and all work performed on said day shall be at the double (2) time rate.

NO. 22: All work performed on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,
Christmas Day, or days locally observed as such, and Sunday shall be recognized as holidays. If a holiday falls on Saturday,
Friday shall be observed; if it falls on Sunday, Monday shall be observed. All work performed on holidays shall be paid at the
double (2) time rate of pay.

NO. 32: All work performed for the Friday and Saturday following Thanksgiving shall be paid at the time and one-half (1%)
rate of pay. All work performed on Sundays, New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day
and Christmas Day shall be paid at the double (2) time rate of pay. When one of the above holidays falls on Sunday, the
following Monday shall be observed and when one of the above holidays falls on Saturday, the preceding Friday shall be
observed.

NO. 33: All work done on New Year's Day, Memorial Day, Fourth of July, Thanksgiving Day and Christmas Day shall be paid
at the double time rate of pay. Labor Day shall be paid at the triple (3) time rate of pay. If the holiday falls on Sunday, the
following Monday will be observed; if the holiday falls on Saturday, the preceding Friday will be observed.

NO. 35: The following days are recognized as holidays: New Y e d 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 @orked. Ag
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 time and one-half (1 %) the regular rate of pay for such work.

NO. 53: All work done on New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Christmas Day or days
observed as such for these holidays shall be paid at the double (2) time rate of pay. No work shall b e performed on Labor
Day except in special cases of emergency, and then the rate of pay shall be at three (3) times the regular rate of pay. When a
holiday falls on a Sunday, the following Monday shall be observed as the holiday. When a holiday falls on Saturday, the              --

preceding Friday shall be observed as the holiday.

          l
NO. 54: Al work performed on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksg~ving
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.                        %




                                                                                                                                      -



                                              ANNUAL WAGE ORDER NO. 14
                                                                                                 Page 1 of 2 Pages
                                       SALINE COUNTY
                          HOLIDAY SCHEDULE - BUILDING CONSTRUCTION
NO. 67: All work performed on New Year's Day, Memorial Day, Christmas Day, Fourth of July and Thanksgiving Day, kom
midnight to midnight, shall be paid for at the rate of double time (2) the basic rate of pay if required to work in addition to any
other pay otherwise required hereunder as holiday pay. Positively no work shall be performed on Labor Day. Martin Luther
King's Birthday, Veteran's Day, and the day after Thanksgiving Day shall be considered optional holidays, and if the Employer
and employees agree that work will be performed on that day, no premium pay will be required. Should any of the above
holidays fall on Saturday, the holiday will be observed on Friday. Should any of the above holidays fall on Sunday, the holiday
will be observed on Monday.

NO. 68: All work performed on New Year's Day, Decoration Day (Memorial Day), Independence Day (Fourth of July),
Labor Day, Thanksgiving Day, Christmas Day, or days observed as such, shall be paid at the rate of double (2) time. When a
holiday falls on a Saturday, Friday shall be observed. When a holiday falls on a Sunday, Monday shall be observed. No
work shall be performed on the Fourth of July or Labor Day except to save life or property. Where one of the holidays
specified falls or is observed during the work week, then all work performed over and above thlrty-two (32) hours in that
week shall be paid at the rate of time and one-half (1%).

NO. 72: All work performed on New Year's Day, Memorial Day (last Monday in May), Independence Day, Labor Day,
Thanksgiving Day and Christmas Day shall be paid for at double (2) the regular straight time rate of pay. Any one of the above
listed holidays falling on Sunday shall be observed on the following Monday and paid for at double (2) the regular straight time
rate of pay, if worked. Any one of the above listed holidays falling on Saturday shall be observed on the prior Friday and paid
for at double (2) the regular straight time rate of pay, if worked. No work shall be performed on Labor Day except in case of
emergency.




                                               ANNUAL WAGE ORDER NO. 14
                                                                                                  Page 2 of 2 Pages
     Heavy Construction Rates for                   REPLACEMENT PAGE                                  Section 101
     SALINE County
                                     * tffective      Bas~c     Over-
    OCCUPATIONAL TITLE                 Date of        Hourly     Time    Holiday         Total Fringe Benefits
                                      Increase        Rates    Schedule Schedule
CARPENTER

Journeymen                              5/07         $26.26       7       16                    $9.36
Millwright                              5/07         $26.26       7       16                    $9.36
Pile Driver Worker                      5/07         $26.26       7       16                    $9.36
OPERATING ENGINEER




For the occupational titles not listed on the Heavy Construction Rate Sheet, use Rates shown on the
Building Construction Rate Sheet.




      *Annual Incremental Increase                 ANNUAL WAGE ORDER NO. 14
                                SALINE COUNTY
                    OVERTIME SCHEDULE - HEAVY CONSTRUCTION
NO. 4: Means a regular work week shall consist of not more than forty (40) hours of work, Monday
through Saturday, and all work performed over and above ten (10) hours per day and forty (40) hours per
week shall be paid at the rate of time & one-half (1 %). Workers shall receive time and one-half (1 %) for
all work performed on Sundays and holidays. A work day is to begin between 6:00 a.m. and 9:00 a.m. at
the option of the Employer except when inclement weather or other conditions beyond the reasonable
control of the Employer prevent work, in w h c h event, the starting time may be delayed, but not later then
12:OO noon. 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 to the worker(s) unless worked.

NO. 5: Means a regular work week shall consist of not more that forty (40) hours work, Monday through
Saturday, and all work performed over and above ten (10) hours per day and forty (40) hours per week
shall be paid at the rate of time & one-half (1 %). Workmen shall receive time and one-half (1 %) for all
work performed on Sundays and recognized holidays or days observed as such. Double (2) time shall be
paid for work on Sunday or recognized holidays when and only if any other craft employees of the same
employer at work on that same job site are receiving double (2) time pay for that Sunday or holiday. If a
job can't work forty (40) hours, Monday through Saturday, because of inclement weather or other
conditions beyond the control of the Employer, Friday and Saturday may be worked as make up days 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). Make up days shall not be utilized for days lost to holidays. A work day is to begin between 6:00
a.m. and 9:00 a.m. at the option of the Employer except when inclement weather or other conditions
beyond the reasonable control of the Employer, including requirements of the owner, prevent work. In
such event the starting time may be delayed but not later than 12:OO noon. Where one of the holidays
falls or is observed during the work week, then all work performed over and above thirty-two (32) hours
shall be paid at time & one-half (1 %).

NO. 7: Means the regular work week shall start on Monday and end on Friday, except where the
Employer elects to work Monday through Thursday, ten (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 work day shall be either eight (8) or ten (10) hours. If a job can't work
forty (40) hours Monday through Friday because of inclement weather or other conditions beyond the
control of the Employer, Friday or Saturday may be worked as a make-up day at straight time (if working        -

4-10's). Saturday may be worked as a make-up day at straight time (if working 5-8's). Make-up days
shall not be utilized for days lost due to holidays. A workday is to begin at the option of the Employer
but not later than 11:00 a.m. except when inclement weather, requirements of the owner or other
conditions beyond the reasonable control of the Employer prevent work. Except as worked as a make-up
day, time on Saturday shall be worked at one and one-half (1 %) times the regular rate. Work performed  . .-
on Sunday shall be paid at two (2) times the regular rate. Work performed on recognized holidays or days
observed as such, shall also be paid at the double (2) time rate of pay.

NO. 12: Means a regular work week shall consist of not more than forty (40) hours of work and all work
performed over and above ten (1 0) hours per day and forty (40) hours per week shall be paid at the rate of
time & one-half (1 %). A workday is to begin between 6:00 a.m. and 9:00 a.m. at the option of the
                                                                                                                   -
Employer except when inclement weather or other conditions beyond the reasonable control of the                    -
Employer, in which event, the starting time may be advanced or delayed. Workers shall receive time and
one-half (1 %) for all work performed on recognized holidays or days observed as such.




                                      ANNUAL WAGE ORDER NO.14
                                                                                        Page I of I Page
                                      SALINE COUNTY
                          HOLIDAY SCHEDULE - KEAVY CONSTRUCTION
NO. 3: 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. Thls 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 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 time & one-half (1 %) the regular rate
of pay for such work.

NO. 15: The following days are recognized as holidays: New Year's Day, Memorial Day, July Fourth, 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. If workmen are required to work the above enumerated holidays or days observed as such, they
shall receive time and one-half (1 %) the regular rate of pay for such work. Where one of the holidays specified
falls or is observed during the workweek, then all work performed over and above thirty-two (32) hours in that
week shall be paid at the rate of time and one-half (1 %). Workmen shall receive time and one-half (1 %) for all
work performed on Sundays. Double (2) time shall be paid for work on Sunday or recognized holidays when
and only if any other craft employees of the same employer at work on that same job site are receiving double
(2) time for that Sunday or holiday.                                               I




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. 18: All work performed on New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day and Christmas Day shall be paid at the time and one-half (1 %) rate of pay. .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 a forty (40) hour week; however no
reimbursement for this eight (8) hours is to be paid to the working person(s) unless the holiday is worked.




                                        ANNUAL WAGE ORDER NO. 14                                  Page I of 1 Page
                                     REPLACEMENT PAGE

                                   OUTSIDE ELECTRICIAN


These rates are to be used for the following counties:

Bates, Benton, Carroll, Cass, Clay, Henry, Jackson, Johnson, Lafayette, Pettis, Platte, Ray and
Saline
                                     COMMERCIAL WORK

       Occupational Title                      Basic                              Total
                                               Hourly                             Fringe
                                                Rate                             Benefits

*Journeyman Lineman                            $35.14                         $4.75 + 34%
*Lineman Operator                              $32.79                         $4.75 + 34%
*Groundman                                     $23.38                         $4.75 + 34%


                                         UTILITY WORK

       Occupational Title                      Basic                              Total
                                               Hourly                             Fringe
                                                Rate                             Benefits

*Journeyman Lineman                            $31.93                         $4.75 + 34%
*Lineman Operator                              $29.52                         $4.75 + 34%
*Groundman                                     $20.58                         $4.75 + 34%


OVERTIME RATE: Eight (8) hours of work between the hours of 8.00 a.m. and 4:30 p.m. shall
constitute a work day. Forty (40) hours within the five (5) days, Monday through Friday inclusive,
shall constitute the work week. Starting time may be adjusted not to exceed two (2) hours. Work
performed outside of the aforementioned will be paid at the applicable overtime rate. When starting
time has been adjusted, all other provisions concerning the work day shall be adjusted accbrdmglyr
The overtime rate of pay shall be one and one-half (1 %) times the regular rate of wages, other than
on Sundays, holidays and from Midnight until 6:00 a.m., which will be paid at double (2) the
straight time rate.

HOLIDAY RATE: Work performed on New Year's Day, Memorial Day, Fourth of July, Labor
Day, Thanksgiving Day, Christmas Day, or days celebrated as such, shall be paid at the double time      1-
rate of pay. If the holiday falls on Saturday, it will be observed on Friday; if the holiday falls on
Sunday, it will be observed on Monday, and shall be paid for at double (2) the regular straight time
rate of pay.




*Annual Incremental Lncrease

                               ANNUAL WAGE ORDER NO. 14
KC ZONE I AW 14 in4.doc
                                          MISSOURI DEPARTMENT OF CONSERVATION
                                          CONSTRUCTION CONTRACT FORM



THIS AGREEMENT, made the (Contract Day) day of (Month of Contract) in the year Two Thousand and Seven by
and between:

(Contractor's Company Name)
(Company Address 1)
(Company Address 2, Company Address 3)

hereinafter called the "Contractor"
and the MISSOURI DEPARTMENT OF CONSERVATION, hereinafter called the "Owner".

WITNESSETH, that the Contractor and the Owner, for the consideration stated herein agree as follows:

ARTICLE 1.        STATEMENT OF WORK

  The Contractor shall furnish all labor and materials and perform all work required for fimishing and installing all labor,
  materials, equipment and transportation and everything necessarily inferred from the general nature and tendency of the
  plans and specifications for the proper execution of the work for:

     Project Name:         Blind Pony Fish Hatchery - Renovation of Fish Production Ponds,
                           Saline County, Missouri

     Project Job Number: 65-12-45

  in strict accordance with the Contract Documents as enumerated in Article 6, all of which are made a part hereof.

ARTlCLE 2. TIME OF COMPLETION.

  The work to be performed under this contract shall be commenced in the time specified in a written notice to proceed - =
  received from the Owner, and the work covered by this contract shall be completed within Eighty Five (85) Working
  days fiom, and including the date specified in the written order from the Owner instructing the Contractor to commence
  said work.

ARTICLE 3. LIQUIDATED DAMAGES.                                                                                  .   --


  Whenever time is mentioned in this Contract, time shall be and is of the essence of this Contract. The Owner would
  suffer a loss should the Contractor fail to have the work embraced in this Contract filly completed on or before the time
  above specified; THEREFORE, in order to adjust satisfactorily the damages on account of such failure, and the parties
  hereto realizing that it might be impossible to compute accurately or estimate the amount of such loss or damages which
  the Owner would sustain by reason of failure to complete filly said work within the time required by the Contract, the
  Contractor hereby covenants and agrees to pay the Owner, as and for liquidated damages, the sum of EIGHT                  -
  HUNDRED DOLLARS ($800) per day for each and every day, Saturdays, Sundays, National and State holidays
  excepted, during which the work remains incomplete and unfinished. Any sum which may be due the Owner for such
  damages shall be deducted and retained by the Owner from any balance which may be due the Contractor when said
  work shall have been fmished and accepted. But such provisions shall not release the Bond of the Contractor from
  liability according to its terms. In case of failure to complete, the Owner will be under no obligation to show or prove
  any actual or specific loss or damage.                                                                                       -
005 10 - CONSTRUCTION CONTRACT FORM                                                                           PAGE 1 OF 3
ARTICLE 4. CONTRACT SUM.

 The Owner shall pay the Contractor for the prompt, faithhl and efficient performance of the conditions and
 undertakings of the Contract, subject to additions, and deductions as provided herein, in current hnds the sum of


TOTAL CONTRACT AMOUNT: $ (Total Contract Amount)

        PAY ITEM BREAKDOWN: The Owner accepts the following Pay Item Breakdown.

 It is understood by the undersigned that the quantities given in the following itemized proposal are not guaranteed by
 the Department of Conservation, and may or may not represent the actual quantities encountered on the job; and that the
 sum of the products of the quantities listed on the itemized proposal sheet, multiplied by the unit price, shall constitute
 the base bid. The undersigned offers to do the work whether the final quantities are increased or decreased, at the unit
 prices stated in the following schedule.
                    See attached SECTION 00411 PAY ITEM BREAKDOWN DESCRIPTIONS.

UNIT PRICES: The Owner accepts the following Unit Prices:

 For changing specified unit price items £iom those indicated by the contract drawings and specifications, upon written
 instructions of Owner, the following unit prices shall prevail. The unit prices include all labor, overhead and profit,
 materials, equipment, appliances, bailing, shoring, shoring removal, etc., to cover the finished work of the several kinds
 of work called for. Only a single unit price shall be given and it shall apply for either MORE or LESS work than that
 shown on the drawings and called for in the specifications or included in the Base Bid. In the event of more or less
 units than so indicated or included, change orders may be issued for the increased or decreased amount.

 PAYMENTS: By law, payments may not be started until thlrty (30) days after the Contractor has commenced work,
 and thereafter, partial payments shall be made in accordance with the provisions of Section 8.260 RSMo 2000.

ARTICLE 5. - PREVAILING WAGE RATE.

  It is understood and agreed by and between the parties that not less than the prevailing hourly rate of wages for work o c
  a similar character in the locality in which the work is performed and not less than the prevailing hourly rate of wages
  for legal holiday and overtime work in the locality in which the work is performed, both as determined by the
  Department of Labor and Industrial Relations or as determined by the Court o,n appeal, shall be paid to all workers
  employed by or on behalf of the contractor or any sub-contractor, exclusive of maintenance work. Only such workers
  as are directly employed by the Contractor or sub-contractors in actual construction work on the site shall be.deemed to
                                                                                                                .   --
  be employed.

  When the haulmg of materials or equipment includes some phase of the construction other than the mere transportation
  to the site of the construction, workers engaged in this dual capacity shall be deemed employed directly on the project
  and subject to the prevailing wage.




                                                                                                                               -
005 10 - CONSTRUCTION CONTRACT FORM                                                                           PAGE 2 OF 3
ARTICLE 6. - CONTRACT DOCUMENTS

        Contract documents shall consist of the following component parts:
        1.      Advertisement for Bids
        2.      Instructions to Bidders
        3.      The Contract Form
        4.       General Conditions
        5.       Special Conditions
        6.      The Drawings
        7.      The Detailed Specifications/Special Requirements
        8.       Contractor's Proposal as Accepted by the Owner
        9.       Prevailing Wage Determination
        10.      Affidavit - Compliance with Prevailing Wage Law

M WlTNESS WHEREOF, the above bounded parties have executed the within instruments on the                            day




Approved by:


Director                                                   Principal First Name, Principal's Last Name, Principal's
Missouri Department of Conservation                        Title

Approved As To Form Only:                                   1,                                    certify that I am
                                                            Secretary of the corporation above named, that
                                                                                ,who signed said contract on behalf of
General Counsel                                             the corporation was then                              of said
                                                            corporation; that shall Contract was duly signed for and in
                                                            behalf of said corporation by authority of its governing
                                                            body, and is within the scope of its corporate powers.


                                                             Corp Secretary's Name
Recommended Approval:


~ e s i & Development Chief
        ~n
Missouri Department of Conservation




                                                                                                                            -
                                                                                                                            -
005 10 - CONSTRUCTION CONTRACT FORM                                                                        PAGE 3 OF 3
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STATE OF MISSOURI
DEPARTMENT OF CONSERVATION
DESIGN AND DEVELOPMENT

FORM OF PERFORMANCE AND PAYMENT BOND
         KNOW ALL MEN BY THESE PRESENTS, THAT we

as Principal, and                                                                                                       as Surety,

are held and firmly bound unto the MISSOURI DEPARTMENT OF CONSERVATION, in the sum of

                                                    Dollars ($                        ), for payment whereof the Principal and

Surety bind themselves, their heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

         WHEREAS, the Principal has, by means of a written agreement dated the                        day of            , 20-
entered into a contract with the State of Missouri for

                                               (Insert Job Title & Job Number)

         NOW, THEREFORE, if the Principal shall faithfully perform and fulfill all the undertakings, covenants, terms,
conditions and agreements of said contract during the original term of said contract and any extensions thereof that may be
granted by the State of Missouri, with or without notice to the Surety and during the life of any guaranty required under the
contract; and shall also faithfully perform and l l f i l l all undertakings, covenants, terms, conditions and agreements of any and
all duly authorized modifications of said contract that may hereafter be made with or without notice to the Surety; and shall
also promptly make payment for material, lubricants, oil, gasoline, grains, hay, feed, coal and coke, repairs on machinery,
groceries and food stuffs, equipment, and tools, consumed or used in connection with the work set forth in the contract
referred to above, and all insurance premiums, both compensation and all other kinds of insurance, on said work, and for all
labor performed on such work, whether by subcontractor or otherwise, at not less than the prevailing hourly rate of wages for
                                                                                                                                       -
work of a similar character (exclusive of maintenance work) in the locality in which the work is performed and not less than
the prevailing hourly rate of wages for legal holiday and overtime work (exclusive of maintenance work) in the locality in
which the work is performed both as determined by the Department of Labor and Industrial Relations or determined by the
Court on appeal, as provided for in said contract and in any and all duly authorized modifications of said contract *at -may be
hereafter made, with or without notice to the Surety, then, this obligation shall be void and of no affect, but it is expressly
understood that if the principal should make default in or should fail to strictly, faithfully and efficiently do, perform and
comply with any or more of the covenants, agreements, stipulations, conditions, requirements or undertakings, as specified in
or by the terms of said contract, and with the time therein named, then this obligation shall be valid and binding upon each of
the parties hereto and this bond shall remain in full force and effect; and the same may be sued on at the instance of any                 -
                                                                                                                                           -

material man, laborer, mechanic, subcontractor, individual, or otherwise to whom such payment is due, in the name of the
State of Missouri, to the use of any such person.


                                                                                                                                           -
                                                                                                                                           -
00610 - PERFORMANCE PAYMENT BOND                                                                                     PAGE 1 OF 2
AND,IT IS FURTHER specifically provided that any modifications which may hereinafter be made in the terms of the
contract or in the work to be done under it or the giving by the Owner of any extension of the time for the performance of the
contract or any other forbearance on the part of either the Owner or the Principal to the other, shall not in any way release the
Principal and the Surety, or either or any of them, their heirs, executors, administrators and successors, fiom their liability
hereunder, notice to the Surety of any such extension, modifications or forbearance being hereby waived.

         N
         I WITNESS WHEREOF, the above bounden parties have executed the within instrument this
                                   day of                                    0.
                                                                            2-

AS APPLICABLE:

    A. An Individual
                            (Signature)

    B. A Partnership
                            (Signature) Partner


                            (Signature) Partner

    C. Corporation
                            (Firm Name)


                            (Signature) President

    D. Surety




                            (Address of Attorney-in-Fact)


                            (Telephone Number of Attorney-in-Fact)


                            (Signature) Attorney-in-Fact


         NOTE: Surety shall attach Power of Attorney




                                                                                                                                    -
006 10 - PERFORMANCE PAYMENT BOND                                                                                   PAGE 2 OF 2
SECTION 00620
Missouri Department of Labor and Industrial Relations
Division of Labor Standards

                          AFFIDAVIT COMPLIANCE WITH PREVAILING WAGE LAW


Before me, the undersigned Notary Public, in and for the County of                 State of
                 ,personally came and appeared (name and title)
                                                                                    , of the
(name of company)

(a corporation) (a partnership) (a proprietor-ship) and after being duly sworn dld depose and say that all provisions and
requirements set out in Chapter 290, Sections 290.2 10 through and including 290.340, Missouri Revised Statutes, pertaining
to the payment of wages to workmen employed on public works projects have been fully satisfied and there has been no
exception to the full and complete compliance with said provisions and requirements with Annual Wage Order No.
 -Section               issued by the Division of Labor.

Standards (Name of project)

located at (name of ins~tution)

in               County, Missouri, and completed on the               day of                   ,20




Signature

Subscribed and sworn to me this             day of                   , 2 0 . My Commission expires                  ,20-.

Notary Public




                                                                                                                              -
                                                                                                                              -
00620 - COMPLIANCE WITH PREVAILING WAGE LAW                                                                   PAGE 1 OF 1
THIS PAGE l NTENTIONALLY LEFT BLANK.
STATE OF MISSOURI
DEPARTMENT OF CONSERVATION
DESIGN AND DEVELOPMENT

SECTION 00630 - AFFIDAVIT FOR AFFIRMATIW ACTION
(State of Missouri)

(County of                   1
                                     first being duly sworn on hislher oath states: that helshe is the (sole proprietor, partner, or

officer) of                                       a (sole proprietorship, partnership, corporation), and as such (sole proprietor,

partner, or officer) is duly authorized to make this affidavit on behalf of said (sole proprietorship, partnership, corporation);

that under the contract known as "

                                                                      " Project No.                                less than 50

persons in the aggregate will be employed and therefore, the applicable Affknative Action requirements as set forth in

Article 6 of the General Conditions of the State of Missouri have been met.




                                                                                      Contractor


                                                                                      Title




Subscribed and sworn to before me this                                day of                       2-
                                                                                                   , 0.

My Commission expires                           ,20-.




              Notary Public




                                                                                                                                       -
                                                                                                                                       -
00630 - AFFIDAVIT FOR AFFIRMATIVE ACTION                                                                              PAGE 1 OF 1
THIS PAGE l NTENTIONALLY LEFT BLANK.
STATE OF MISSOURI
DEPARTMENT OF CONSERVATION
DESIGN AND DEVELOPMENT

SECTION 00631 -                                    AFFIDAVIT

TO ALL WHOM IT MAY CONCERN:
      KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, the undersigned

 Contractor                          Address           City                     State
hereinafter referred to as Contractor, and the Missouri Department of Conservation, hereinafter referred to as Depaitment,
have heretofore entered into a certain written contract dated the        day of                     ,20_, covering work to
be performed and material to be fi.unished

                                                     (Project Title)

         WHEREAS, Contractor has performed work and -shed           materials provided for, under said contract up to and
including the date hereof, and upon supplying proper waiver of liens is entitled to payment fkom the Department for the sum
of $                7

                                                DOLLARS, balance of said contract.
(written amount)

          NOW, THEREFORE, in order to induce the Department to make payment of said sum, and if said sum represents
the balance due under said contract, to induce the acceptance of said work and materials by the Department, Contractor
hereby represents that all work performed and materials f i s h e d under said contract up to and including the date hereof,
includmg work and materials, if any, performed or furnished by subcontractors and material men, have been paid in 111, and
Contractor hereby waives any and all liens, rights of liens, and claims on or against the premises at the address above given,
or on any and all structures and buildings located thereon, arising under any law of the State wherein said premises are
situated, and hereby releases and agrees to save harmless the Department fiom and against any and all claims for and on
account of work performed, or materials furnished by or for Contractor under said contract or otherwise Contractor represents
that all Sales and Use taxes, if any, applicable to any material furnished by or for Contractor, have been paid in full.


                                                                                 Contractor

Personally appeared before me, a Notary Public, w i t h and for the County of            ,
signed the foregoing Affidavit for the purposes therein stated.
Subscribed and sworn to before me this          day of                 ,20-.

                                                         (Signature of Official Taking Acknowledgment) ..         ~   .   -
                                                                                                                          .



My Commission Expires




                                                                                                                                 s


                                                                                                                                 -
0063 1 - AFFIDAVIT FOR FINAL PAYMENT                                                                            PAGE l OF 1
THIS PAGE INTENTIONALLY LEFT BLANK.   .
STATE OF MISSOURI
DEPARTMENT OF CONSERVATION
DESIGN AND DEVELOPMENT

SECTION 00640 - PARTIAL RECEIPT OF PAYMENT AND RELEASE FORM


Subcontractor/supplier Name


Contractor Name


Project Title                                                                             Project Job Number

         KNOW ALL MEN BY THESE PRESENTS THAT: the Subcontractor or Supplier named herein has theretofore

entered into a subcontract with the above named Contractor for the performance of work andlor the h s h i n g of material for

the construction of a project for the Department of Conservation (Owner) which said subcontract is by this for and in

consideration of payment by Contractor.

A.       ACKNOWLEDGE that he has been paid all sums due him through
                                                                                                   (date)
         for everyhng done by him, or done by his subcontractors, material vendors, equipment and fixture suppliers, agents
         and employees, or otherwise in the performance of the work called for by the aforesaid contract and all
         modifications or extras or additions approved to date, for the construction of said project or otherwise.

         REPRESENT that all of hls employees, subcontractors, material vendors, equipment and fixture suppliers and
         everyone else has been paid all sums due them to date, or any of them, in connection with performance of said work,
         or anythmg done or omitted by them or any of them in connection with the construction of said improvements, or
         otherwise.


DATED this                            day of                              ,20-.



Name of Subcontractor or Supplier


Type or Printed Name


Signature


Title




                                                                                                                                -
                                                                                                                                -
00640 - PARTIAL RECEIPT OF PAYMENT & RELEASE FORM                                                               PAGE 1 OF 1
THIS PAGE INTENTIONALLY LEFT BLANK.
STATE OF MISSOURJ
DEPARTMENT OF CONSERVATION
DESIGN AND DEVELOPMENT


SECTION 00641 - FINAL RECEIPT OF PAYMENT AND RELEASE FORM

KNOW ALL MEN BY THESE PRESENTS THAT:

hereinafter called "Subcontractor" or "Material Supplier" who heretofore entered into a subcontract with
                                                                                           ,hereinafter called "Contractor", for
the performance of work andlor the fiunishing of material for the construction of a project entitled:


           (Project Title and Project Number)


(Address of Project)

for the Missouri Department of Conservation, (Owner) which said subcontract is by this reference incorporated herein, in
consideration of such final payment by Contractor, DOES HEREBY:

1.        ACKNOWLEDGE that the Subcontractor, or material supplier has been PAID IN RILL all sums due for
          everything done by the Subcontractor, or done by its subcontractors, material vendors, equipment and fixture
          suppliers, agents and employees, or otherwise in the performance of the work called for by the aforesaid contract
          and all modifications or extras or additions thereto, for the construction of said project or otherwise.

2.        RELEASE and fully, finally and forever discharge Contractor and the Owner of and 6om any and all suits and
          actions, claims and demands of whatsoever kind or character arising out of or in any manner related to anything and
          everything done or omitted by Subcontractor or material suppliers, its subcontractors, material vendors, equipment
          and fixture suppliers, agents and employees, in the performance of or connected with itsltheir performance of said
          work, or otherwise.       .


3.        REPRESENT that all of their employees, subcontractors, material vendors, equipment and fixture suppliers and
          everyone else has been paid in full all sums due them, or any of them, in connection with performance of said work,
          or anything done or omitted by them or any of them in connection with the construction of said improvements, or
          otherwise.
                                                                                                                     .   --

     DATED this                                 day of                    0
                                                                          -
                                                                         2.



          (Name of Subcontractor or Supplier)


          (Signature)                                                    (Typed or printed name)


          (Title)
                                                                                                                                   -
                                                                                                                                   -
00641 - FINAL RECEIPT OF PAYMENT AND RELEASE FORM                                                                 PAGE 1 OF 1
THIS PAGE INTENTIONALLY LEFT BLANK
SECTION 00642 - MBEJWBE PROGRESS REPORT
(For Projects $100,000 or more) (SUBMIT WITH MONTHLY WORK & MATERIAL ESTIMATE)


DATE:                                                        PROJECT NUMl3ER:


PROJECT TITLE:


LOCATION:


GENERAL CONTRACTOR:


TOTAL CONTRACT AMOLNT OF THIS PROJECT:




THE PERCENTAGE AND DOLLAR AMOUNT OF THIS PROJECT THAT ARE TO BE MBE/WBE AS
INDICATED IN THE AWARDED CONTRACT: % , $


M = MBE          ITEM OF     AMOUNT OF          $ AMOUNT &      SUBISUPPLIER NAME
W = WBE           WORK       SUBCONTRACT        % COMPLETE      ADDRESSPHONE
                                                (PAID TO        NAME TO CONTACT
                                                DATE)




                                                                                         -




                                                                                                      -
                                                                                                  -       .

00642 - MBENBE PROGRESS REPORT                                                      PAGE 1 OF 1
THIS PAGE INTENTIONALLY LEFT BLANK.   .
SECTION 00650 - SUBSTITUTION REQUEST
                  CHECK APPROPRIATE BOX:

                  SUBSTITUTION PRIOR TO BID OPENING
                  (Minimum of 10 days prior to receipt of bids as per Article 4 - Instructions to Bidders)

                  SUBSTITUTION FOLLOWING AWARD
                  (Maximum of 30 days from Notice to Proceed as per Article 16 - General Conditions)


PROJECT TITLE:                                                                                 PROJECT NUMBER:




BIDDER/CONTRACTOR REQUESTING SUBSTITUTION:


Bidderlcontractor hereby requests acceptance of the following product or systems as a substitution in accord with provisions of Division
One of the bidding documents:


SPECIFIED PRODUCT OR SYSTEM:


SPECIFICATION SECTION NUMBER:


SUPPORTING DATA:

              Product data for proposed substitution is attached. (include description of product, standards, performance and test data)
     -

     3 Sample                                   -1    Sample will be sent if requested.


QUALITY COMPARISON
                                            I         SPECIFIED PRODUCT              I         SUBSTITUTION REOUEST
NAME BRAND:
                                            I                                        I
CATALOG NUMBER:

MANUFACTURER:

VENDOR:

PREVIOUS INSTALLATIONS

PROJECT:                                                        I ARCHITECTIENGINEER:
                                                                I
LOCATION:                                                       I    DATE INSTALLED:
                                                                 I

SIGNIFICANT VARIATIONS

                                                                                                                                            -
                                                                                                                                            -
00650 - SUBSTITUTION REQUEST                                                                                                  PAGE 1 OF 2
REASON FOR SUBSTITUTION:




PROPOSED SUBSTITUTION AFFECTS OTHER PARTS OF WORK:

                          I

                     YES'    -




IF YES, EXPLAIN




SUBSTlTUTION REQUIRES DIMENSIONAL REVISION OR REDESIGN OF STRUCTURE OR A&E WORK:




BIDDER'S/CONTRACTOR'S            STATEMENT     OF    CONFORMANCE           OF   PROPOSED    SUBSTITUTION   TO    CONTRACT
REQUIREMENT:

I/we have investigated the proposed substitution. I/we believe that it is equal o r superior in all respects to
specified product, except as stated above; that I t will provide the same warranty as specified product; that
I/we have included complete implications of the substitution; that I/we will pay redesign and other costs
caused by the substitution which subsequently become apparent; and that I/we will pay costs to modify
other parts of the Work as may be needed, to make all parts of the Work complete and functioning
resulting from the substitution.


BIDDER/CONTRACTOR:                                                              I      DATE:

REVLEW AND ACTION

          Resubmit substitution request with the following additional information:




   0       Substitution is accepted

          Substitute is accepted with the following comments:




   0       Substitution is not accepted


ARCHITECTIENGINEER                                                                   DATE



                                                                                                                                  -
                                                                                                                              -       .


00650 - SUBSTlTUTlON REQUEST                                                                                    PAGE 2 OF 2
SECTION 00700- GENERAL CONDITIONS

                                          GENERAL CONDITIONS

                                                    INDEX



ARTICLE         1.    Definitions
                2.    Drawings and Specifications
                3.    Rights and Responsibilities of Owner and Consultant
                4.    Inspection of the Work
                5.    Compliance with Laws, Permits, Regulations and Inspections.
                6.    Nondiscrimination in Employment
                7.    Anti-Kickback
                8.    Patents and Royalties
                9.    Statutory Preference
                10.   Communications
                11.   Duties of Contractor
                12.   Bonds
                13.   Commencement and Completion of Work
                14.   Liquidated Damages/Substantial Completion
                15.   Progress and Scheduling
                16.    Substitutions and "Or Approved Equal"
                17.    Superintendence
                18.    Shop Drawings
                19.    Samples, Tests and Certificates
                20.    Materials and Workmanship
                21.    Insurance
                22.    Separate Contracts and Cooperation
                23.    Subcontracts
                24.    Assignment of Contract
                25.    Indemnification
                26.    Changes in the Work
                27.    Payment to Contractor
                28.    Partial Occupancy/Substantia1Completion
                29.    Disputes and Disagreements
                30.    Termination OR Suspension For cause
                31.    Record Drawings     '



                32.    Warranties and Operating Instructions
                33.    General Guarantee
                34.    MBElWBE Requirements
                35.     Domestic Products Procurement
                36.    Termination or Suspension For Convenience




 August 200 1

                                                                                                   -
                                                                                                   -
 00700 - GENERAL CONDITIONS                                                         PAGE 1 OF 26
GENERAL CONDITIONS

A.   These General Conditions apply to each section of these specifications and must be carehlly read by the contractor
     and subcontractor, as all are subject to the provisions contained herein.

B.   The General Conditions are intended to define the relationship of the owner, consultant and all contractors thereby
     establishing certain rules and provisions governing the operation and performance of the work so that the work may be
     performed in a safe, orderly, expeditious and workmanlike manner.

ARTICLE I - DEFNTIONS

A.   As used in these contract documents, the following terms shall have the meanings and refer to the parties designated in
     these definitions.

     1.    "OWNER: Whenever the term "Owner" is used, it shall mean the Missouri Department of Conservation.

     2.    "DIRECTOR": Whenever the tern "Director" is used, it shall mean the Director of the Missouri Department of
           Conservation.

     3.    "CONSULTANT": When the term "Consultant" is used herein, it shall refer to the Design and Development
           Division, Missouri Department of Conservation or a duly authorized representative. The representative may be
           a consultant retained by the Owner.

     4.    "CONTRACT SUPERVISOR": Whenever the term "Contract Supervisor" is used, it shall mean the Owners
           designated employee representative or other authorized agent at the work site.

     5.    "CONTRACTOR": Party or parties who have entered into a contract with the Owner to fimish work under
           these specifications and drawings.

     6.    "SUBSTANTIALLY COMPLETE: The stage in the progress of the work when the work or designated portion
           thereof is sufficiently complete in accordance with the contract documents so the Owner may occupy or utilize
           the work for the intended use.

     7.    "WRITTEN NOTICE": Any notice to the Contractor fiom the Owner relative to any part of this contract shall -
           be in writing and considered delivered and service thereof complete when said notice is posted by registered or- :
           certified mail to said Contractor at the last given address, or delivered in person to said Contractor or the
           authorized representative on the work.

     8.     "SUBCONTRACTOR: Party or parties who contract under, or for the performance of part or all of the
            contract between the Owner and Contractor. The subcontract may or may not be direct with the ContFacter.

     9.     "WORK": Labor, material, supplies, plant and equipment required to perform and complete the service agreed
            to by the Contractor in safe, expeditious, orderly and workmanl~kemanner so that the project shall be complete
            and h s h e d in the best manner known to each respective trade.

     10.    "CONTRACT DOCUMENTS": The "Contract Documents" shall consist of the executed contract, the
            Supplemental Conditions, the General Conditions, the Advertisement for Bids, the Instructions to Bidders, the      =
            Proposal, the Prevailing Wage Determination, the Specifications and Drawings, including all modifications as       --
            set forth in Addenda or Change Orders to any of the above, the required Certificates of Insurance and
            Performance/Payment Bond, and Notice to Proceed.

     11.    "CONTRACT TIME": The number of working days or calendar days shown in the proposal as the time
            allowed for the completion of the work contemplated in the contract. If calendar days are shown, the work           -
            contemplated shall be completed by the date established by the number of calendar days.                             -
00700 - GENERAL CONDITIONS                                                                                   PAGE 2 OF 26
ARTICLE 2 - DRAWINGS AND SPECIFICATIONS.

A.   Drawings are intended to show general arrangements, design and extent of work and are partly diagrammatic. As
     such, they are not intended to be scaled for roughing-in measurements or to serve as shop drawings.

B.   Specifications are separated into titled divisions for convenience of reference only and to facilitate letting of contracts
     and subcontracts. The Contractor is responsible for establishng the scope of work for subcontractors, which may cross
     titled divisions. Neither the Owner or Consultant will establish limits and jurisdiction of subcontracts.

C.   Figured dimensions take precedence over scaled measurements and details over smaller scale general drawings. In the
     event of conflict between any of the documents contained within the contract, the documents shall take precedence and
     be controlhg in the following sequence: addenda, supplemental conditions, general conditions, specifications,
     drawings, bid form and instructions to bidders.

D.   In case of discrepancy between drawings and specifications, specifications shall govern. Should discrepancies in
     architectural drawings, structural drawings and mechanical drawings occur, architectural drawings shall govern and, in
                       t
     case of c o d ~ cbetween structural and mechanical drawings, structural drawings shall govern.

E.   Anything shown on drawings and not mentioned in these specifications or vice versa, as well as any incidental work
     which is obviously necessary to complete the project within the limits established by the drawings and specifications,
     although not shown on or described therein, shall be perfomed by the Contractor as a part of the contract.

F.   Data concerning lot size, ground elevations, present obstructions on or near the site, locations and depth of sewers,
     conduits, pipes, wires, etc., position of sidewalks, curbs, pavements, etc., and nature of ground and subsurface
     conditions have been obtained fiom sources the Consultant and/or Owner believe reliable, although accuracy of such
     data is not ,wanteed.

G.   Upon encountering conditions differing materially &om those indicated in the contract documents and/or ordinarily
     encountered and generally recognized as inherent to the work provided for in this contract, the Contractor shall
     promptly notify the Consultant in writing before such conditions are disturbed. The Consultant shall promptly
     investigate said conditions and, if the Owner and Consultant find that the conditions do materially differ and cause an
     increase or decrease in contract cost or time required for completion of any portion of the work, a change order will be
     initiated as outlined in Article 26 of these General Conditions.

H.   Only work included in the contract documents is authorized, and the Contractor shall do no work other than that
     described herein or in accordance with appropriately authorized and approved change orders.

ARTICLE 3 - RIGHTS AND RESPONSIBILITIES OF OWNER AND CONSULTANT
A.   The Owner, and/or the Consultant acting for the Owner, shall give all orders and directions contemplated unilefihe
     contract relative to the execution of the work. The Owner, normally represented by the Consultant, shall determine the
     amount, quality, acceptability and fitness of kind of work and materials which are to be paid for under this contract. In
     the event any question shall arise between the parties hereto, relative to the contract or specifications, determination or
     decision of the Consultant shall be a condition precedent to the right of the Contractor to receive any money or
     payment for work under the contract affected in any manner or to any extent by such question,
                                                                                                                                   -
B.   The Owner may file written notice to the Contractor to dismiss forthwith any of the subcontractors, superintendents or        ;-
     other employees whom the Owner may deem incompetent, careless or a hindrance to proper or timely execution of the
     work, and contractor shall comply with such notice as promptly as practicable without detriment to the work or its
     progress.

C.   If Contractor or the subcontractors refuse to cooperate with the instructions and reasonable requests of other
                                                                                                                                   =
     Contractors or other subcontractors in the overall coordinating of the work, the Owner may take such appropriate
                                                                                                                                   -
00700 - GENERAL CONDITIONS                                                                                      PAGE 3 OF 26
     action and issue such instructions as may be required to avoid unnecessary and unwarranted delay.

D.   If in the judgment of the Owner it becomes necessary at any time to accelerate work, the Contractor, when ordered by
     the Owner in writing, shall cease work at any point and transfer workers to such point or points and execute such
     portions of the work as may be required to enable others to hasten and properly engage and carry out their work, all as
     directed by the Owner.

ARTICLE 4 - INSPECTION OF THE WORK.

A.   The Owner and any authorized representative of the Owner shall at all times have access to the work whenever it is in
     preparation or progress, and Contractors shall provide proper facilities for such access and for inspection and
     supervision.

B.   During progress of work the Owner will be represented at the project by the Contract Supervisor and Consultant,
     whose duties will be to see that the contract is properly hlfilled.

C.   The Contract Supervisor's and Consultant's inspections are for the purpose of assuring the Owner that the drawings
     and specifications are being properly executed. Although the Contract Supervisor and Consultant are instructed to
     confer with the Contractor regarding interpretation of drawings and specifications, such assistance shall not relieve the
     Contractor of any responsibility for the work.

D.   The fact that the Contract Supervisor, Consultant or Owner has failed to observe faulty work, or work done which is
     not in accordance with the drawings and specifications, shall not relieve the Contractor from responsibility for
     correcting such work without additional compensation.

E.   The Owner shall have the right to direct the Contractor to uncover any completed work:

     1.    If the Contractor fails to adequately notify the Consultant or Contract Supervisor, as required by the Contract
           Documents, the Contractor shall upon written request uncover the work. The Contractor shall bear all costs
           associated with uncovering and again covering the work exposed.

     2.     If the Owner or Consultant directs work to be uncovered, which was not otherwise required to be inspected, and
            the work is found to be defective in any respect, no compensation shall be allowed for this work. If, however,
            such work is found to meet the requirements of the contract, the actual cost of
                                                                                                                           -
            labor and material necessarily involved in the examination and replacement plus 10% shall be allowed the
            Contractor.

F.   If the Contractor fails to proceed at once with the correction of rejected defective materials or workmanship, the
     Owner may by contract or otherwise have the defects remedied or rejected, materials removed fiom the site and charge
     the cost of the same against any monies which may be due the Contractor without prejudice to any other rights o    r
     remedies of the Owner on the premises.

G.   The Contractor must notify the Consultant or Contract Supervisor at least one working day before placing concrete or
     burying underground utilities, pipelines, etc.

ARTICLE 5 - COMPLIANCE WITH LAWS, PERMITS, REGILATIONS AND INSPECTIONS.
                                                                                                                                 -
                                                                                                                                 -
k    Since the Owner is the State of Missouri, municipal or political subdivision ordinances, zoning ordinances,
     construction codes and other like ordinances are not applicable to construction on Owner's property, and Contractor
     will not be required to submit drawings and specifications to any municipal or political subdivision authority, obtain
     construction pennits or any other licenses or permits fiom or submit to inspections by any municipality or political
     subdivision relating to the construction of this project. All pennits or licenses required by municipality or political
                                                             to
     subdivision for operation on property not b e 1 o n . h ~ Owner shall be obtained by and paid for by Contractor. Each
     Contractor shall comply with all applicable laws, ordinances, rules and regulations as it is not the intent of the Owner    -
                                                                                                                                 -
00700 - GENERAL CONDITIONS                                                                                     PAGE 4 .OF 26
     to arbitrarily dismiss the authorities identified above.

                              N
ARTICLE 6 - NONDISCRIMINATION I EMPLOYMENT.
A.   The Contractor and subcontractors will not discriminate against individuals based on race, color, religion, national
     origin, sex, disability, or age but may use restrictions which relate to bona fide occupational qualifications.
     Specifically, the Contractor and subcontractors shall not discriminate:

     1.       Against recipients of service on the basis of race, color, religion, national origin, sex, disability or age.

     2.       Against any employee or applicant, for employment on the basis of race, color, religion, national origin, sex or
              otherwise qualified disability status.

     3.       Against any applicant for employment or employee on the basis of age, where such applicant or employee is
              between ages 40 and 70 and where such contractor employs at least 20 persons.

     4.       Against any applicant for employment or employee on the basis of that person's status as a disabled or Vietnam-
              era veteran.

          The Contractor and subcontractors will take affmative action to insure applicants for employment and employees
          are treated without regard to race, color, religion, national origin, sex, disability, or age. Such action shall include,
          but not be limited to, the following: employment, upgrading, demotion and transfer; recruitment or recruitment
          advertising; and selection for training, including apprenticeship. The Contractor and Subcontractors will give
          written notice of their commitments under this clause to any labor union with which they have bargaining or other
          agreements.

B.   The Contractor andlor subcontractors shall develop, implement, maintain and submit in writing to the Owner an
     affirmative action program if at least fifty (50) persons in the aggregate are employed under this contract. If less than
     fifty (50) persons in the aggregate are to be employed b y him] under this contract, the Contractor shall submit, in lieu
     of the written afKrmative action program, a properly executed Affidavit for Affirmative Action in the form as included
     in the contract specifications. For the purpose of this section, an "aflirmative action program" means positive action to
     influence all employment practices (including, but not limited to, recruiting, hiring, promoting and training) in
     providing equal employment opportunity regardless of race, color, sex, national origin, religion, age (where the person
     affected is between age 40 and 70), disabled and Vietnam-era veteran status, and disability. Such " a f f i t i v e action
     program" shall include:

     1.       A written policy statement committing the total organization to affirmative action and assigning management
              responsibilities and procedures for evaluation and dissemination;

     2.       The identification of a person designated to handle a b t i v e action;
                                                                                                                          . --
     3.       The establishment of non-discriminatory selection standards, objective measures to analyze recruitment, an
              upward mobility system, a wage and salary structure, and standards applicable to lay-off, recall, discharge,
              demotion and discipline;

     4.       The exclusion of discrimination fiom all collective bargaining agreements; and

     5.        Performance of an internal audit of the reporting system to monitor execution and to provide for future
               planning.

          In the enforcement of this non-discrimination clause, the Owner may use any reasonable procedures available,
          including, but not limited to: requests, reports, site visits and inspection of relevant documents of contractorsand
          subcontractors.
                                                                                                                                      -
C.   In the event of the Contractor's or a Subcontractor's noncompliance with any provisions of this Article of the contract,         -
00700 - GENERAL CONDITIONS                                                                                           PAGE 5 OF 26
     the Owner may cancel this contract in whole or in part or require the Contractor to terminate their contract with the
     subcontractor.

ARTICLE 7 - ANTI-KICKBACK.
A.   No official of the Owner who is authorized in such capacity and on behalf of the Owner to negotiate, make, accept or
     approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspection,
     construction or material supply contract or any subcontract in connection with the construction of the project, shall
     become directly or indirectly interested personally in this contract or in any part hereof. No officer, employee,
     architect, attorney, engineer or inspector of or for the Owner who is authorized in such capacity and on behalf of the
     Owner to exercise any legislative, executive, supervisory or other similar functions in connection with the construction
     of the project, shall become directly or indirectly interested personally in this contract, any material supply contract,
     subcontract, insurance contract, or any other contract pertaining to the project.

ARTICLE 8 - PATENTS AND ROYALTIES.
A.   The Contractor shall hold and save the Owner and its officers, agents, servants and employees harmless fiom liability
     of any nature or kind, including cost and expenses, for, or on account of, any patented or unpatented invention,
     process, article or appliance manufactured or used in the performance of the contract, including its use by the Owner,
     unless otherwise specifically stipulated in the contract documents.

B.   If the Contractor uses any design, device or materials covered by letters, patent or copyright, there shall be provisions
     for such use by suitable agreement with the Owner of such patented or copyrighted design, device or material. It is
     mutually agreed and understood, without exception, that the contract prices shall include all royalties or costs arising
     fiom the use of such design, device or materials in any way involved in the work. The Contractor andlor the sureties
     shall indemnify and save harmless the Owner of the project from any and all claims for inhgement by reason of the
     use of such patented or copyrighted design, device or materials or any trademark or copyright in connection with work
     agreed to be performed under this contract and shall indemnify the Owner for any cost, expense or damage it may be
     obliged to pay by reason of such in£ringement at any time during the prosecution of the work or after completion of the
     work

ARTICLE 9 - STATUTORY PREFERENCE.
A.   By virtue of statutory authority a preference will be given to Missouri labor and to products of mines, forests and
     quarries of the State of Missouri when they are found in marketable quantities in the State, and all such materials shall
     be of the best quality and suitable character that can be obtained at reasonable market prices, all as provided for in    -
     Section 8.280, Missouri Revised Statutes 1994 and Cumulative Supplements.

B.   Furthermore, pursuant to Section 34.076 Missouri Revised Statutes 1994 and Cumulative Supplements, a preference
     shall be given to those persons doing-business as Missouri firms, corporations, or individuals, or which maintain
     Missouri offices or places of business, when the quality of performance promised is equal or better and the price
     quoted is the same or less. In addition, in order for a non-domiciliary bidder to be successful, his bid must be h a t
     same percentage lower than a domiciliary Missouri bidder's bid, as would be required for a Missouri bidder to
     successfully bid in the non-domiciliary's state.

ARTICLE 10 - COMMUNICATIONS.
A.   All notices, requests, instructions, approvals and claims must be in writing and shall be delivered to the Contract
     Supervisor or Consultant unless otherwise specified by the Owner in writing. All papers required to be delivered to           -
     the Owner shall, unless otherwise specified by the Owner in writing be delivered to the Missouri Department of
     Conservation, Design and Development Division, 2901 West Truman Blvd., P.O. Box 180, Jefferson City, Missouri
     65102-0180. Any such notice shall be deemed to have been given as of the time of actual receipt.

ARTICLE 11 - DUTIES OF CONTRACTOR.
A.   The Contractor shall supply sufficient labor, material, plant and equipment and pay when due any laborer,                     .
                                                                                                                                   -

     subcontractor or supplier for supplies h i s h e d and otherwise prosecute the work with diligence to prevent work            -
00700 - GENEFL4L CONDITIONS                                                                                     PAGE 6 OF 26
     stoppage and insure completion thereof within the time specified. The Contractor shall pay not less than the prevailing
     hourly rate of wages for work of a similar character in the locality in which the work is performed, as determined by
     the Department of Labor and Industrial Relations of the State of Missouri and as set out in the contract specifications.
     A copy of the wage determination issued for the project and included as a part of the contract documents shall be
     posted in a prominent and easily accessible location at the site of construction. The Wage Rate notice shall remain
     posted during the full time that any workers shall be performing work included in this construction contract. The
     Contractor or any subcontractor found guilty of one or more prevailing wage violations will be disqualified fiom doing
     business with the state in accordance with Section 290.330 Missouri Revised Statutes 1994 and Cumulative
     Supplements.

B.   The Contractor and subcontractor or subcontractors shall submit to the Owner, through the Consultant, such schedules
     of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data as may be requested
     concerning work performed or to be performed under the contract.

C.   The Contractor shall give access to, upon written request from the Owner, all time cards, material invoices, payrolls,
     profit and loss statements, and all other direct or indirect costs related to this work.

D.   The Contractor shall be responsible for laying out all the work and for any damage which may occur to work of any
     other contractor because of errors or inaccuracies, as well as be responsible for unloading and handling of all materials
     and equipment to be erected or placed by them, whether furnished by Contractor or others. Layout of mechanical and
     electrical work shall be coordinated with layouts of Contractor for general construction work. Unless otherwise
     directed by Consultant or Owner, salvage materials, waste and scrap resulting from such work shall be promptly
     removed from the site by the responsible contractor.

E.   Contractors shall limit operations and storage of materials to the area within the project, except as necessary to connect
     to existing utilities, and shall not encroach on neighboring property.

F.   Contractors shall prearrange time with the Consultant or Contract Supervisor in case it becomes necessary for the
     interruption of any service to make connections, alterations or relocations and shall h l l y cooperate with Owner in
     doing work so as to cause the least annoyance and interference with the continuous operation of the facility. Unless
     otherwise specified in these documents, all connections, alterations or relocations will be performed during normal
     working hours.

G.   Each Contractor shall coordinate all work so there shall be no prolonged interruption of existing equipment operation.
     Any existing plumbing, heating, ventilating, air conditioning or electrical disconnections necessary which affect
     portions of this construction or building or any other building must be scheduled with the Consultant or Contract
     Supervisor to minimize or avoid any disruption of facility operations. In no case, unless previously approved in
     writing by the Owner, or Consultant shall utilities be left disconnected at the end of a work day or over a weekend.
     Any interruption of utilities either intentionally or accidentally shall not relieve the Contractor, responsible for the
     interruption, from repairing and restoring the utility to normal service. Repairs and restoration shall be made before
                                                                                                                       . --
     the workmen responsible for the repair and restoration leave the job.

H.   Each Contractor shall be responsible for repair of their damage to property on or off the project occuning during
     construction of the project, and all such repairs shall be made to the satisfaction of the property owner.

I.   Contractors shall not overload, or permit others to overload, any part of any structure during the performance of this
     contract.
                                                                                                                                  -
J.   Each Contractor shall be responsible for shoring required to protect the work or adjacent property and improvements
     of Owner and shall be responsible for shoring or for giving any required notice to adjacent property owners and shall
     pay for any damage caused by failure to shore or by improper shoring or by failure to give proper notice. Shoring
     shall be removed only after completion of permanent supports.

K.   During the performance of work the Contractor shall be responsible for providing and maintaining warning signs,
                                                                                                                                  --

00700 - GENERAL CONDITIONS                                                                                     PAGE 7 .OF 26
      lights, signal devices, barricades, guard rails, fences and other devices appropriately located on site whlch will give
      proper and understandable warning to all persons of danger of entry onto land, structure or equipment. Such warning
      and protective devices shall be removed only when approved by the Consultant.

L.    The Contractor shall be responsible for protection, including weather protection, and proper maintenance of all
      equipment and materials installed or to be installed.

M.    The Contractor shall be responsible for care of all finished work and must protect same from damage or defacement
      until fmal acceptance by the Owner. If the work is damaged by any cause, the Contractor shall immediately begin to
      make repairs in accordance with the drawings and specifications. Contractor would be liable for all damage or loss
      unless attributable to the acts or omissions of the Owner or Consultant. Any claim for reimbursement shall be
      submitted in accordance with Article 26.

N. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in
      connection with the performance of the Contract.

      1.     In the event the Contractor encounters on the site material reasonably believed to be hazardous materials not
             otherwise identified in the contract documents, which has not been rendered harmless, the Contractor shall
             immediately stop work in the area affected and report the condition to the Owner or Consultant in writing. The
             work in the affected area shall not thereafter be resumed except by written agreement of the Owner and
             Contractor if in fact the material is hazardous and has not been rendered harmless. The work in the affected
             area shall be resumed in the absence of hazardous materials, or when it has been rendered harmless, by written
             agreement of the Owner and Contractor, or in accordance with final determination by the Consultant.

      2.     The Contractor shall not be required pursuant to Article 26 to perform, without the Contractor's consent, any
             work relating to hazardous materials.

      3.     The Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to
             prevent damage, injury or loss to:

             a.   Employees on the work site and other persons who may be affected thereby;

             b.   The work and materials and equipment to be incorporated therein, whether in storage on or off the site,
                  under care, custody or control of the Contractor or the Contractor's Subcontractors or sub-subcontractors;
                                                                                                                           .-
                  and
             c.   Other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways,
                  structures and utilities not designated for removal, relocation or replacement in the course of construction.

      4.     The Contractor shall give notices and comply with applicable State and Federal laws, ordinance.^, rules,
             regulations and lawful orders bearing on safety of persons or property or their protection from damage, inrury or
             loss.

      5.     When use or storage of explosives or other hazardous materials or equipment or unusual methods are approved
             by the Owner for execution of the work, the Contractor shall exercise utmost care and carry on such activities
             under supervision of properly qualified personnel.
                                                                                                                                  -
      6.     The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty          -
                                                                                                                                  ;
             shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise
             designated by the Contractor in writing to the Owner or Consultant.

      7.     In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion,
             to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the
             Contractor on account of an emergency shall be determined as provided in Article 26.
                                                                                                                                  -
                                                                                                                                  -
00700 - GENERAL CONDITIONS                                                                                       PAGE 8 OF 26
0.   The Contractor, at the Contractor's option, may employ worker or workers for watchman service at all times outside
     of regular working hours, and at such times during working hours when work is not in progress, from the time the
     work is started until the entire work is complete. This watchman service will in no way relieve the Contractor of the
     responsibility for replacing or making good any theft or damage.

P.   The Contractor shall give the Contract Supervisor andor Consultant notice of any error or omission found in the plans
     andor specifications andor surveys and shall not perform any erroneous work until instructions are received from the
     Consultant on how to proceed. If the Contractor knowingly constructs or performs erroneous work it shall be corrected
     at the Contractor's expense.

Q.   Before commencing work, Contractors shall confer with the Owner or Consultant and ascertain 111 knowledge of all
     rules and regulations affecting the working conltions for the area. Rules and regulations in force at the area shall take
     precedence over rules and regulations that exist outside of the institution's jurisdiction. If the Contractor observes that
     the drawings and specifications are at variance therewith, they shall promptly notify the Consultant in writing, and any
     necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs
     any work to be contrary to such laws, ordinances, rules and regulations and without such notice, the Contractor shall
     bear all costs arising therefrom and save the Owner "harmless".

R.   Project signs will only be erected on major projects and only as specified. If no sign is specified, none shall be
     erected.
S.   Contractor must verify all measurements and all cumulative dimensions and accommodate installation of fixtures and
     equipment during all phases of construction. No extra charges or compensation will be allowed as a result of failure to
     verify dimensions before ordering materials or fabricating items.

T.   The Contractor shall provide at the proper time such material as is required for support of the work. If openings or
     chases are required, whether shown on drawings or not, the Contractor shall see that they are properly constructed
     whether by the Contractor or Subcontractor whose duty it is to construct the same.

U.   All rubbish, debris and dirt resulting from the Contractor's work shall be cleaned up as required, and removed fiom the
     buildingtsite. The premises shall at all times be kept in a clean, safe and workmanlike manner.

V.   The Contractor shall request in writing, a substantial completion inspection in accordance with Article 14. Prior to
     inspection, the Contractor shall remove manufacturer's advertising labels from windows, fixtures, equipment and shall
     leave the work "broom clean1'or its equivalent, unless more exactly specified in the contract documents. Prior to
     receiving final payment, the Contractor shall complete all punchlist items, provide all close-out documentation,
     provide as-builts and manuals, and remove all rubbish, tools, scaffold, etc., from the site.

W.   If any work is required to be specially tested or approved, Contractor shall give the Contract Supervisor andor
     Consultant timely notice of date for such inspection.
                                                                                                                     . --

ARTICLE 12 - BOND.
A.   Contractor shall furmsh a performancelpayment bond in an amount at least equal to 100% of the contract price to
     guarantee faithful performance of the contract and to guarantee the payment of all persons performing labor on the
     project and h s h i n g materials in connection therewith under this contract as set forth in the standard form of
     performancelpayment bond included in the contract documents. The surety on such bond shaH be issued by a surety               .

     company authorized by the Missouri Department of Insurance to do business in the state of Missouri.                           -

B.   All PerformancePayment Bonds h s h e d in response to this provision shall be provided by a bonding company with
     a rating of B+ or higher as established by A.M. Best Company, h c . in their most recent publication. This requirement
     may only be waived upon written approval of the Division Administrator.


                                                                                                                                   -
00700 - GENERAL CONDITIONS                                                                                      PAGE 9 OF 26
ARTICLE 13 - COMMENCEMENT AND COMPLETION OF WORK.
A.   Before a "Notice to Proceed" will be issued the Contractor must submit the following properly executed instruments to
     the Owner:

     1.    Contract

     2.    Performancelpayment bond as described in Article 12.

     3.    Certificates of Insurance, or the actual policies themselves, showing that the Contractor has obtained the
           insurance coverage required by Article 2 1. If provided, the certificates of insurance shall comply with the
           requirements of Article 2 1.

     4.    Written Afiirmative Action Plans as required in Article 6. These items must be received by the Owner within
           fourteen (14) consecutive calendar days after the Contractor receives the letter directing submittal of said items.
           If not, the Owner may treat the failure to timely submit them as a refusal by the Contractor to accept a contract
           for this work and may retain as liquidated damages the Contractor's bid bond, cashier's check or certdied check
           as provided in the Lnstruction to Bidders.

B.   Within ten (10) days following receipt of the "Notice to Proceed," the Contractor shall submit to the Consultant for
     approval the following:

     1.    A progress and payment schedule as described in Article 15

     2.    A complete breakdown of the Contractor's proposal as described in Article 27.

           No payments to the Contractor will be made until the Contractor has submitted these items and they have been
           approved by the Consultant and the Owner; provided, however, that should the Contractor not receive written
           notification from either the Consultant or the Owner of the disapproval of any of these items within twenty-one
           (2 1) calendar days of their receipt by the Consultant, the Contractor may consider them approved and may
           proceed accordmgly.

C.   Contractor shall commence work upon a date to be specified by the Owner in the "Notice to Proceed". Contractor
     shall prosecute the work with faithfulness and energy, and shall complete the entire work on or before the completion       -

     time stated in the contract documents, or pay to the Owner the damages resulting from the failure to timely complete
     the work as set out in Article 14. The Contractor has the right to finish the work before the contract completion date.
     The Owner assumes no liability for any hindrances to the Contractor unless the Owner caused delays to the contract
     completion date.

D.   If the time for completion of the work is based upon calendar days, the work shall be completed by the corresponding
     calendar date. If the time for completion of the work is based upon working days, the work shall be completed within
     that number of workmg days specified in the contract. A workmg day is defined as any day when, in the judgment of
     the Owner or Consultant, soil and weather conditions are such as would permit any then major operation of the project.
     Saturdays, Sundays, National holidays, and holidays established by the laws of the State are not considered as working
     days.

E.   Extension of time stipulated in the Contract for completion of the work will be made when changes in the work occur,
     as provided in Article 26, when the work is suspended as provided in Article 13; or when the work of the Contractor is          --
     delayed on account of conditions which could not have been foreseen, or which were beyond the control of the
     Contractor, subcontractors or suppliers, and which were not the result of their fault or negligence. Extension of time
     for completion shall also be allowed for any delays in the progress of the work caused by any act (except as provided
     elsewhere in these General Conditions) or neglect of the Owner or the Owner's employees or by other Contractors
     employed by the Owner, or for any delay in the f i s h i n g of drawings and necessary information by the Consultant,
     or delay in return of shop drawings, or for any other cause which in the opinion of the Owner entitles the Contractor to         -   .

00700 - GENERAL CONDITIONS                                                                                   PAGE 10 OF 26
     an extension of time, including but not restricted to fires, floods, unusually severe weather, or labor strikes. If the time
     for completion of the work is based upon working days, extension of time will be made for days that are not-working
     days due to soil and bad weather conditions when these conditions preclude performance of the major or critical work
     for 50% or more of the Contractor's scheduled work day. The Contractor's and the Owner's representatives shall
     agree monthly on the number of "non-work" days. This determination d l be documented in writing and signed by
     the Contractor's and Owner's representatives. If there is a failure to agree on the number of "non-work" days for a
     particular month, that disagreement shall be noted on this written document and signed by each party's representative.
     Failure of the Contractor's representative to sign the "non-work" day documentation after it is presented, with or
     without the notes of disagreement, shall constitute agreement with the determination contained in that document.

F.   The Contractor shall notify the Owner and Consultant promptly in writing and no later than within seven ( 7 ) days of
     any occurrence or conditions which in the Contractor's opinion entitles the Contractor to an extension of time.
     Following such notice the Contractor shall promptly provide all necessary supporting materials with details of any
     resultant costs and in ample time, but no later than thlrty (30) days of occurrence, to permit full investigation and
     evaluation of the Contractor's claim. The Owner or Consultant shall promptly acknowledge the Contractor's notice
     and, after investigation, the Owner shall provide a decision to the Contractor. Failure on the part of the Contractor to
     provide such information within the times specified shall constitute a waiver by the Contractor of any claim.

G.   When conditions at the site of the proposed work are considered by the Owner to be unsatisfactory for prosecution of
     the work, Contractor may be ordered in writing to suspend the work or any part thereof until reasonable conditions
     exist. When such suspension is not due to fault or negligence of the Contractor, time allowed for completion of such
     suspended work will be extended by a period of time equal to that lost due to delay occasioned by ordered suspension.

ARTICLE 14 - LIQUIDATED DAMAGESISUBSTANTIAL COMPLETION
A.   It is agreed that the Owner may deduct fiom the contract price and retain as liquidated damages, and not as penalty or
     forfeiture, the sum stipulated in the contract for each working day after date specified for completion of the project that
     the entire work is not substantially complete. Working days are defined as all calendar days except Saturdays ( unless
     a scheduled work day ) and Sundays and the following holidays: New Year's Day, Martin Luther King, Jr. Day,
     Lincoln Day, Washington's Birthday ( observed ), Truman Day, Memorial Day, Independence Day, Labor Day,
     Veterans Day, Thanksgiving Day, Christmas Day. Requests for extensions of time shall be for working days only.

B.    When the Contractor determines the work is substantially complete, the Contractor shall request the Consultant to
     inspect the work at least five (5) full work days before the requested inspection date. The request shall include a list of
     outstanding items known to the Contractor. If the work is not substantially complete, the Consultant shall issue a list -
     of items to the Contractor which are incomplete or require correction before substantial completion can be issued. If - =
     the work is acceptable, the Consultant shall identify all outstanding items and shall then determine that substantial
     completion be issued. After substantial completion is issued, the Contractor, within seven (7) calendar days, shall
     provide to the Consultant an estimate of cost to complete or correct identified items. The Consultant shall review the
     Contractor's estimate for reasonableness. If the Contractor fails to provide an acceptable timely estimate, the
     Consultant's estimate shall be used. The Owner may also establish a value for the close-out documents. The - -
     Contractor shall correct all items within forty-five (45) calendar days of the date of the substantial completion unless
     additional time is granted by the Owner's representative. Up to 200% of the value of any identified items not
     satisfactorily completed within the forty-five (45) days may be deducted fiom the Contractor's final payment and
     retained by the Owner. However, this does not relieve the Contractor of the requirements concerning final completion
     and of Article 33 - General Guarantee.

C.   Only certification by the Owner as to substantial completion of the work within the time specified shall be conclusive         =
     and binding on the Owner and Contractor for the purpose of determining whether or not liquidated damages shall be              --

     assessed under the terms hereof and the sum total amount due.

D.   Liquidated damages or any matter related thereto shall not relieve the Contractor or the surety of any responsibility or
     obligation under this contract.
                                                                                                                                         -
E.   In the event the substantial completion is not given by the owner, the Owner may deduct the costs of reinspection fiom          -
00700 - GENERAL CONDITIONS                                                                                      PAGE 11 OF 26
     the Contractor's contract.

F.   If substantial completion has not been given by the date set forth in the contract for final completion, then the Owner,
     without prejudice to any other rights, claims, or remedies the Owner may have including the right to liquidated
     damages, may back charge the Contractor for all additional expenses incurred by the Owner or the Consultant as the
     result of the extended contract period and through final inspection.

ARTICLE 15 - PROGRESS AND SCHEDULING
A.   Each Contractor shall submit for the Consultant's approval, in reproducible form, a progress schedule showing the rate
     of progress the Contractor agrees to maintain and the order in which the Contractor proposed to carry on various
     phases of work. The schedule shall be a comprehensive, fully developed, horizontal bar-chart-type, contractor's
     construction schedule. The Contractor for General Construction shall prepare the construction schedule for the entire
     project.

B.   Values employed in preparation of any schedules will be used only for detennining the basis for partial payments and
     will not be considered as a basis for additions to or deductions fiom the contract price.

C.   There will be no payments of any periodic estimates until the progress schedule has been approved by the Consultant.
     An updated schedule to reflect actual conditions, shall be presented with the periodic estimates or as requested for
     approval by the Consultant. Subsequent payments may be suspended if the project schedule has not been adequately
     updated.

D.   Contractor shall employ and supply a sufficient force of workers, material, and equipment and shall pay when due, any
     worker, subcontractor or supplier and otherwise prosecute the work with such diligence so as to maintain the rate of
     progress indicated on the progress schedule, prevent work stoppage, and insure completion of the project within the
     time specified.

ARTICLE 16 - SUBSTITUTIONS AND "OR APPROVED EOUAL"
A.   Whenever in any of the contract documents any article, appliance, device or material is designated by the name of the
     manufacturer or vendor or by any proprietary or trade name and such name is followed by the words "or approved
     equal", "or as approved" or preceded by the words "similar and equal to", the standard products of manufacturers other
     than those specified will be accepted when, prior to the ordering or use thereof, it is proven to the satisfaction of the
     Consultant and Owner that they are equal in design, strength, durability, usefulness and convenience for the purpose
     intended.                                                                                                                 .-


B.   The Contractor may request the use of any article, device, product, material, fixture, form or type of construction
     which in the judgment of the Consultant is equal in all respects to that named. Any changes required in the details and
     dimensions indicated on the drawings for the substitution of products other than those called for shall be properly
     made as approved by the Consultant at the expense of the Contractor requesting the substitution or change. . . - -

C.   In the event the Contractor desires to substitute any article, device, product, material, fixture, form or type of
     construction for that specified, the Contractor shall submit a request for such substitutions in writing to the Consultant
     within thirty (30) days after the date of the "Notice to Proceed". Thereafter no consideration will be given to alternate
     forms of accomplishing the work. This article does not preclude the Owner exercising the provisions of Article 26
     hereof.
                                                                                                                                    -
D.   Any request for substitution by the Contractor, or on behalf of hisher subcontractors, as provided by Article 16, shall        :-
     be submitted on Substitution Request Form included as SECTION 00650 of these documents.

ARTICLE 17 - SUPERINTENDENCE

A.   The Contractor shall have at the work site during the progress of any work, a competent superintendent satisfactory to         -
     the Owner. The superintendent shall represent the Contractor in the Contractor's absence and all directions given to           -
00700 - GENERAL CONDITIONS                                                                                     PAGE 12 OF 26
     the Superintendent shall be as binding as if given to the Contractor. The Superintendent shall carellly study and
     compare all drawings, specifications and other instructions and shall, at once, report to the Consultant any error,
     inconsistency or omission which may be discovered. The superintendent shall not be changed except with the consent
     of the Owner.

ARTICLE 18 - SHOP DRAWINGS
A.   The Contractor shall submit, with such promptness as to cause no delay in the work or in that of any other contractors,
     all shop and setting drawings. Such drawings shall be submitted to the Consultant in four (4) copies for the Owner's
     use and additional copies as required for the Contractors, subcontractors, material suppliers, and to meet the
     requirements for maintenance manuals, etc., as described in Article 32.

B.   Each drawing andlor series of drawings submitted must be accompanied by a letter of transmittal giving a list of the
     titles and numbers of the drawings. Each series shall be numbered consecutively for ready reference and each drawing
     shall be marked with the following information:
     1.      Date of Submission
     2.      Name of Project
     3.      Location
     4.      Division of Work
     5.      State Project Number
     6.      Name of Submitting Contractor
     7.      Name of Subcontractor
     8.      Identify as either a base bid item or an alternate number
     9.      Indicate if item is submitted as specified, an approved equal or as substitution.

C.   All subcontractors' shop drawings and schedules shall be submitted by the Contractor and shall bear the stamp of the
     Contractor as evidence that the Contractor has received and approved them. Any shop drawings and schedules
     submitted without this stamp, will be returned for resubmittal and the drawings and schedules will be considered as
     never having been submitted.

D.   The Contractor shall include with the shop drawing, a letter indicating all deviations from the drawings and/or
     specifications. Failure to so notify all such deviations will be grounds for subsequent rejection of the related work or
     materials. If, in the opinion of the Consultant, the deviations are not acceptable, the Contractor will be required to
     h i s h the item as specified and indicated on the drawings.

E.   It is the Contractor's obligation and responsibility to check all of the shop drawings and schedules and to be hlly      =
                                                                                                                             .~

     responsible for them and for their coordination with connecting work. Shop drawings and schedules shall indicate in
     detail all parts of an item of work, including erection and setting instructions and engagements with the work of other
     trades.

F.   The Consultant shall check shop drawings and schedules with reasonable promptness and approve theh only if-they
     conform to the design concept of the project and compliance with the information given in the contract documents.
     The approval shall not relieve the contractor fiom the responsibility for deviations from the drawings and
     specifications, unless the Contractor has called the Consultant's attention to the deviation, in writing, at the time of
     submission. An approval of any such modification will be given only if it is in the interest of the Owner, to affect an
     improvement in the work, does not increase the contract sum andlor completion time, is subject generally to all
     contract stipulations and covenants, and is without prejudice to any and all rights under the surety bond.
                                                                                                                                  -
                                                                                                                                  -
                                                                                                                                  --
G.   No extension of time will be granted the Contractor because of their failure to submit shop drawings and schedules in
     ample time to allow for review and possible re-submittals. Fabrication of work shall not commence until the
     Contractor has received approval. The Contractor shall fiunish prints of the approved shop drawings and schedules to
     all contractors whose work is in any way related to the work under the contract. Only prints bearing all approvals will
     be allowed on the site of construction.
                                                                                                                                   -
H.   All shop drawings must be submitted prior to the receipt of the third partial payment request. After the second               -
00700 - GENERAL CONDITIONS                                                                                    PAGE 13 OF 26
     payment has been made, no further payments will be made without the written consent of the Owner untd all shop
     drawings have been submitted.

I.   On completion of the work, and as a condition precedent to receiving final payment, all shop drawings and schedules
     of all work for all trades shall be corrected to a true and actual representation of the work actually performed, erected
     and installed. Drawings showing the actual installation of all underground services, utilities and structures of every
     description shall be h s h e d the Consultant upon completion of the work. (See Article 3 1).

ARTICLE 19 - SAMPLES, TESTS AND CERTIFICATIONS
A.   The Contractor shall prepare samples of all items requested or required by the specification Samples shall be properly
     identified and submitted with such promptness as to cause no delay in the work or in that of any other contractor and
     to allow for consideration by the Consultant and Owner.

B.   Each set of samples submitted must be accompanied by a letter of transmittal containing the following mformation:

     1.    Date of Submission
     2.    Name of Project
     3.    Location
     4.    Section Number of Specification
     5.    State Project Number
     6.    Name of Submitting Contractor
     7.    Name of Subcontractor

C.   No materials shall be delivered to the site of construction or incorporated into the work until the Contractor has
     received approval. Any materials installed prior to receipt of such approval shall be subject to rejection by the
     Consultant.

D.   Samples shall be labeled to designate material or product represented, grade, place of origin, name of producer and
     name of Contractor.

E.   Approval of material is general and shall not constitute waiver of Owner's right to demand full compliance with
     contract requirements.

F.   Rejected samples will be destroyed unless the Contractor requests return of the samples at the Contractor's expense.        -
                                                                                                                                 .--

G.   After delivery of any materials the Consultant may, with concurrence of the Owner, make such tests as is deemed
     necessary. The Contractor shall f i s h test samples at no cost to the owner. If the material, equipment or accessory
     fails to meet the contract requirements, all costs of testing shall be paid by the Contractor. If the item meets the
     contract requirements, costs of testing will be paid by Owner.
                                                                                                                     - . --
H.   On the basis of the test results, materials, workmanship, equipment or accessories may be rejected even though general
     approval has been given. If the rejected items have been incorporated in work, the
             1.      Consultant may require the contractor to remove and replace the item with one meeting contract -
                     requirements or to demand and secure such reparation to the Owner from the Contractor as is equitable.

I.   The Consultant reserves the right to require the Contractor to fUmish a certificate guaranteeing that material or
     equipment as submitted, complies with contract requirements. Certificates shall be in notarized affidavit form. If                -
     statement originates with manufacturer, the Contractor shall endorse all claims and submit the statement in h s own               --
     name.

J.   When directed by the Consultant, and unless otherwise required within the technical ~pecifications,   samples of -
     finished masonry and field applied paints and finishes shall be located as directed and shall include sample panels
     constructed at site of approximately 20 square feet each.
                                                                                                                                        -
00700 - GENERAL CONDITIONS                                                                                     PAGE 14 OF 26
K.   All tests required by the specifications shall be paid for by the Contractor and performed by testing laboratories
     approved by the Consultant.

ARTICLE 20 - MATERIALS AND WORKMANSHIP

A.   Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of the best quality.
     If required by the Consultant, satisfactory evidence shall be h s h e d as to the kind and quality of the materials and
     workmanship.

B.   All materials and workmanship used in the work shall be subject to the inspection of the Consultant, and any work
     which is deemed defective shall be removed, rebuilt or made good immediately upon notice. The cost of such
     correction shall be borne by the Contractor. Contractor shall not be entitled to an extension of'the contract completion
     date in order to remedy defective work. All condemned materials shall be immediately removed fiom the site of the
     work.

C.   Failure or neglect on the part of the Owner to condemn or reject bad or lnferior materials or workmanship shall not be
     construed to imply an acceptance of any work. The work herein specified to be done is not to be considered as finally
     accepted until it is so stated in writing by the Owner.

D.   Unless otherwise provided and stipulated within these specifications, the Contractor shall furnish, construct, andlor
     install and pay for materials, devices, mechanisms, equipment, all necessary personnel, utilities including, but not
     limited to water, heat, light and electric power, transportation services, applicable taxes of every nature, and all other
     facilities necessary for the proper execution and completion of the work.

E.   All temporary shoring, bracing, etc., required for the removal of existing work andlor for the installation of new work
     shall be included in this contract. Thls must be done to the entire satisfaction of the Owner but the Contractor must
     assume full responsibility for the work. The Contractor shall make good, at no cost to the Owner, any damage caused
     by improper support or failure of shoring in any respect.

F.   Contractor shall, at all times, enforce strict discipline and good order among the employees, and shall not employ on
     the work any unfit person or any person not skilled in the work assigned to them.

G.   Contractor shall carellly examine the plans and drawings and shall be responsible for the proper fitting of all material,
     equipment and apparatus into the building.
                                                                                                                                  .-

H.   Contractor shall base the proposal only on materials, method of construction and equipment as indcated. Contractor
     may make a written proposal to Consultant to use alternate materials, methods or fixtures, in accordance with Article
     16, Substitutions.

I.   Contractor shall promptly remove at their expense all rejected materials fiom site of work                       . --


J.   When a material has been approved no change in brand or make will be permitted unless:

     1.     Written verification is received fiom the manufacturer stating they cannot make delivery on the date previously
            agreed, or

     2.     Material delivered fails to comply with contract requirements.

ARTICLE 2 1 - INSURANCE

A.   The successful Contractor shall procure and maintain for the duration of the contract issued a policy or policies of
     insurance for the protection of both the Contractor and the Owner and their respective officers, officials, agents,
     consultants and employees. The Owner requires certification of insurance coverage from the Contractor prior to
     commencing work. Please carefully review the requirements outlined below.
00700 - GENERAL CONDITIONS                                                                                      PAGE 15 OF 26
B.   It is highly recommended that you confer with your insurance brokerlagent or other insurance company representative,
     prior to submitting your bid, to determine that availability and applicable cost, if any, of certificates, endorsements,
     coverage, and limits required.
C.   Minimum Scope and Extent of Coverage
     1.    General Liability
           Commercial General Liability, I S 0 coverage form number CG 00 01 ("occurrence" basic), or I-SO coverage
           form number CG 0002, or I S 0 equivalent.

           If I S 0 equivalent or manuscript general liability coverage fonns are used, minimum coverage will be as
           follows: Premises/Operations; Independent Contractor; Products/Completed Operations; personal Injury; Broad
           Form Propem/ Damage including Completed Operations; Broad Form Contractual Liability Coverage to
           include Contractor's obligations under Article 25 Indemnifications.
     2.    Automobile Liability
           Business Automobile Liability Insurance, I S 0 Coverage form number CA 00 0 1 covering automobile liability,
           code 1 "ANYAUTO".
     3.     Workers' Compensation and Emplover's Liability
            Statutory Workers' Compensation Insurance for Missouri, endorsement for incidental contact and standard
            Employer's Liability Insurance is required where applicable.
     4.     Builder's Risk or Installation Floater Insurance
            Insurance upon the work and all materials, equipment, supplies, temporary structures and similar items which
            may be incident to the performance of the work and located at or adjacent to the site, against loss or damage
            from fire and such other casualties as are included in extended coverage in broad "All Risk" form, including
            coverage for Flood and Earthquake, in an amount not less than the replacement cost of the work or this contact
            price, whichever is greater, with loss payable to Contractor and Owner as their respective interests may appear.
            Contractor shall maintain sufficient insurance to cover the full value of the work and materials as the work
            progresses, and shall furnish Owner copies of all endorsements. If Builder's Risk Reporting- Fonn of
            Endorsement is used, Contractor shall make all reports as required therein so as to keep in force an amount of
            insurance which will equal the replacement cost of the work, materials, equipment, supplies, temporary
            structures, and other property covered thereby; and if, as a result of Contractor's failure to make any such report,
            the amount of insurance so recoverable shall be less than such replacement cost, Contractor's interest in the-:
            proceeds of such insurance, if any, shall be subordinated to Owner's interest to the end that Owner may receive
            fill reimbursement for its loss.
D.   Minimum Limits of Insurance
     1.     General Liability
            Contractor
            $1,000,000    Combined single limit per occurrence for bodily injury, personal injury, and property damage.
            $1,000,000             Annual aggregate
            Subcontractor
            $1,000,000              Combined single limit per occurrence for bodily injury; personal injury, and                   .
            property damage                                                                                                        -
                                                                                                                                   -

            $1,000,000              Annual aggregate
     2.     Automobile Liability
            $1,000,000 Combined single limit per occurrence for bodily injury and property damage
                                                                                                                                   -
                                                                                                                                   -
00700 - GENERAL CONDITIONS                                                                                    PAGE 16 OF 26
     3.    Workers' Compensation and Emvloyers Liability
           Workers' Compensation limits as required by applicable State Statutes (generally unlimited) and minimum of
           $1,000,000 limit per accident for Employer's Liability.
           General Liability and Automobile Liability insurance may be arranged under individual policies for the full
           limits required or by a combination of underlying policies with the balance provided by a form-following
           Excess or Umbrella Liability policy.
E.   Deductibles and Self-Insured Retentions
     All deductibles, co-payment clauses, and self-insured retentions must be declared to and approved by the Owner. The
     Owner reserves the right to request the reduction or elimination of unacceptable deductibles or self-insured retentions,
     as they would apply to the Owner, and their respective officers, officials, agents, consultants and employees.
     Alternatively, the Owner may request Contractor to procure a bond guaranteeing payment of losses and related
     investigations, claims administration, and defense expenses.
F.   Other Insurance Provisions and Requirements
     The respective insurance policies and coverage, as specified below, must contain, or be endorsed to contain the
     following conditions or provisions:
     1.    General Liability
           The Owner, and its respective commissioners, officers, officials, agents, consultants and employees shall be
           endorsed as additional insureds by I S 0 form CG 20 26 Additional Insured - Designated Person or Organization.
           As additional insureds, they shall be covered as to work performed by or on behalf of the Contractor or as to
           liability which arises out of Contractor's activities or resulting fiom the performance of services or the delivery
           of goods called for by the Contract.
           Contractor's insurance coverage shall be primary with respect to all additional insureds. Lnsurance of self-
           insurance programs maintained by the designated additional -insureds shall be excess of the Contractor's
           insurance and shall not contribute with it.
           Additionally, the Contractor and Contractor's general liability insurer shall agree to waive all rights of
           subornation against the Owner and any of their respective officers, officials, agents, consultants or employees
           for claims, losses, or expenses which arise out of Contractor's activities or result from the performance of
           services or the delivery of goods called for by the Contract.
           Contractor's failure to comply with the terms and conditions of these insurance policies shall not affect or           -
           abridge coverage for the Owner, or for any of their officers, officials, agents, consultants or employees.
     2.     Automobile Lnsurance
            The Owner, and their respective officers, officials, agents, consultants and employees shall be endorsed as
            additional insureds by I S 0 form CA 20 26 - Additional Insured Designated Person or Organization. As
            additional insureds, they shall be covered as to work performed by or on behalf of the contractor or as to-
            liability which arises out of Contractor's activities or resulting from the performance of services or the delivery
            of goods called for by the Contract.
            Contractor's insurance coverage shall be primary with respect to all additional insureds. Insurance or self-
            insurance programs maintained by the designated additional insureds shall be in excess of the Contractor's
            insurance and shall not contribute with it.
            Additionally, the Contractor and Contractor's automobile insurer shall agree to waive all rights of subornation           <
            against the Owner and any of their respective officers, officials, agents, consultants or employees for claims,
            losses, or expenses which arise out of Contractor's activities or result fiom the performance of services or the
            delivery of goods called for by the Contract.
            Contractor's failure to comply with the terms and conditions of these insurance policies shall not affect or
            abridge coverage for the Owner or for any of its officers, officials, agents, consultants or employees.                   -
      3.   Workers' Com~ensationlEmployer's
                                          Liability                                                                                   -
00700 - GENERAL CONDITIONS                                                                                     PAGE 17 OF 26
           Contractor's workers' compensation insurance shall be endorsed with IS0 form WC 00 03 01 - Alternate
           Employer Endorsement. The Alternate Employer Endorsement shall designate the Owner as "alternate
           employers."
           Additionally, the Contractor and Contractor's workers' compensation insurer shall agree to waive all rights of
           subornation against the Owner and any of their respective officers, -officials, agents, consultants or employees
           for claims, losses, or expenses which arise out of Contractor's activities or result from the performance of
           services or the delivery of goods called for by the Contract.
     4.    All Coverage
           Each insurance policy required by this section of the Contract shall contain a stipulation, endorsed if necessary,
           that the Director will receive a thuty (30) day advance notice of any policy cancellation other than cancellation
           for non-payment of premium. Ten (10) days advance notice is required for policy cancellation due to non-
           payment of premium.

G.   Insurer Oualifications and Accmtability

     Insurance required hereunder shall be issued by an A.M. Best, 'B+" rated, Class IX insurance company approved ytto
     conduct insurance business in the state of Missouri.

H.   Verification of Insurance Coverage

     Prior to Owner issuing a "Notice to Proceed," the Contractor shall f i s h the Owner with Certificate(s) of Insurance
     and with any applicable original endorsements evidencing the required insurance coverage. The insurance certificates
     and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf All
     certificates and endorsements received by the Owner are subject to review and approval by the Director. The Owner
     reserves the right to require certified copies of all required policies at any time. If the scope of this contract will
     exceed one (1) year or, if any of Contractor's applicable insurance coverage expires prior to completion of the work or
     services required under this contract, the Contractor will provide a renewal or replacement certificate before
     continuing work or services hereunder.

ARTICLE 22 - SEPARATE CONTRACTS AND COOPERATION

A.   The Owner reserves the right to let other contracts in connection with this work. The contractor shall afford other
     contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work   .=
     and shall properly connect and coordinate the Contractor's work with theirs.

B.   The Contractor shall consult the drawings for all other contractors in connection with this work Any work conflicting
     with the above shall be brought to the attention of the Consultant before the work is performed. If the Contractor fails
                 and
     to do t h ~ s constructs any work which interferes with the work of another contractor, the Contractor shall remove
                                                                                                                  - . --
     any part so conflicting and rebuild same, as directed by the Consultant, at no additional cost to the Owner.

C.   No Contractor shall delay any other Contractor by neglecting to perform work at the proper time. Each Contractor
     shall be required to coordinate all work with other contractors so as to afford others reasonable opportunity for
     execution of their work. If any Contractor causes delay to another, that Contractor shall be liable directly to that
     Contractor for such delay in addition to any liquidated damages which might be due the Owner.
                                                                                                                                   <

D.   Each Contractor shall be responsible for damage to Owner's or other Contractor's property by them or workers in their         =
     employ through fault or negligence.

E.   Should a Contractor sustain any damage through any act or omission of any other contractor having a contract with the
     Owner, the Contractor so damaged shall have no claim or cause of action against the Owner for such damage, but shall
     have a claim or cause of action against the other Contractor to recover any and all damages sustained by reason of the
     acts or omissions of such contractor. The phrase "acts or omissions" as used in this section shall be defined to include, -
                                                                                                                                   -
00700 - GENEFL4.L CONDITIONS                                                                                 PAGE 18 .OF 26
     but not be limited to, any unreasonable delay on the part of any such Contractors.

ARTICLE 23 - SUBCONTRACTS
A.   Subcontractor assignments as identified in the bid proposal shall not be changed without written approval of the
     Owner. The Owner will not approve changes of a listed subcontractor unless the subcontractor cannot or will not
     perform the work as specified.

B.   The Contractor agrees to accept 1 1 1 responsibility to the Owner for the acts and omissions of any subcontractors and
     of persons either directly or indirectly employed by them.

C.   Every subcontractor shall be bound by the applicable terms and provisions of the contract documents, but no
     contractual relationship shall exist between any subcontractor and the Owner unless the right of the Contractor to
     proceed with the work is suspended or the contract is terminated as herein provided, and the Owner in writing elects to
     assume the subcontract.

D.   The Contractor shall upon receipt of "Notice to Proceed" and prior to submission of the first payment request, notify
     the Consultant and Contract Supervisor in writing of the names of any subcontractors to be used in addition to those
     identified in the bid proposal and all major material suppliers proposed for all parts of the work.

ARTICLE 24 - ASSIGNMENT OF CONTRACT

A.   No assignment by Contractor of any amount or any part of this contract or of the funds to be received thereunder will
     be recognized unless such assignment has had the written approval of the Owner and the surety has been given due
     notice of such assignment and has fiunished written consent thereto. In addition to the usual recitals in assignment
     contracts, the following language must be set forth: "It is agreed that the funds to be paid to the assignee under this
     assignment are subject to performance by the Contractor of the contract and to claims or liens for services rendered or
     materials supplied for the performance of the work called for in said contract in favor of all persons, firms or
     corporations rendering such services or supplying such materials".

ARTICLE 25 - INDEMNIFICATION

A.   Contractor agrees to indemnify and save harmless Owner and Consultant, their agents, servants and employees, f?om
     and against any and all liabhty for damage arising fiom injuries to persons or damage to property occasioned by any               -
                                                                                                                                   -
     acts or omissions of Contractor, any subcontractors, agents, servants or employees, including any and all expense,
     legal or otherwise, which may be incurred by Owner or Consultant, its agents, servants or employees, in defense of
     any claim, action or suit, irrespective of any claims that an act, omission or negligence of Owner or Consultant, its
     agents, servants or employees contributed to such injury or damage.

B.   The obligations of the Contractor under this paragraph shall not extend to the liability of the Consultan't, the . - -
     Consultant's agents or employees, arising out of (1) the preparation or approval of maps, drawings, opinions, reports,
     surveys, change orders, design or specifications, or (2) giving of or the failure to give directions or instructions by the
     Consultant, the Consultant's agents or employees as required by the contract documents provided such giving or
     failure to give is the primary cause of the injury or damage.

ARTICLE 26 - CHANGES IN THE WORK
                                                                                                                                           -
                                                                                                                                           T




A.   The Owner and no other, without giving notice to the surety and without invalidating the contract, may order extra
     work or make changes by altering, adding to or deducting fiom the work, the contract sum being adjusted accordingly.
     All such work shall be executed under the conditions of the original contract except that any claim for extension of
     time caused thereby shall be adjusted at the time of ordering such change.

B.   The amount of any adjustment in the contract price for authorized changes shall be agreed upon before such changes
                                                                                                                                           -
00700 - GENERAL CONDITIONS                                                                                      PAGE 19 OF 26
     or authorizations become effective and shall be determined, through submission of a request for proposal prepared by
     the Consultant, as follows:

     1.    By unit prices contained in Contractor's original proposal and incorporated in the construction contract.

     2.    By an acceptable unit price or lump sum proposal from Contractor and subcontractor. Proposal shall include all
           takeoff sheets of each Contractor and subcontractor. Breakdown shall include a listing of each item of material
           with unit prices and number of hours of labor for each task. Labor costs per hour shall be included with labor
           burden identified, which shall be not less than the prevailing wage rate, etc. Overhead and profit shall be shown
           separately for each subcontractor and the Contractor.

     3.    By a cost-plus-fixed-fee (percentage) basis with maximum price, total cost not to exceed said maximum.
           Breakdown shall include a listing of each item of material with unit prices and number of hours of labor for
           each task. Labor costs per hour shall be included with labor burden identified, which shall be not less than the
           prevailing wage rate, etc. Overhead and profit shall be shown separately for each subcontractor and the
           Contractor.

C.   Overhead and Profit on Change Orders and Field Work Authorizations shall be applied as follows:

           The overhead and profit charge by the Contractor and all subcontractors shall be considered to include, but is
           not limited to: performance/payrnent bond, job site office expense, incidental job burdens, truck expense
           including mileage, small hand tools, project supervision including field supervision, company benefits and
           general office overhead. The percentages for overhead and profit charged on Change Orders and Field Work
           Authorizations shall be negotiated and may vary according to the nature, extent and complexity of the work
           involved. However, the overhead and profit for the Contractor or subcontractor actually performing the work
           shall not exceed 15%. When one or more tiers of subcontractors are used, in no event shall any Contractor or
           subcontractor receive as overhead and profit more than 7% of the cost of the work performed by any of hisher
           subcontractors. In no case shall the total overhead and profit paid by the Owner on any Change Order exceed
           twenty five percent (25%) of the cost of materials, labor and equipment necessary to put the change order work
           in place. Equipment rental shall be paid at the rates listed in the Schedule of Equipment Rental, or at the
           Owner's option at other rates agreed upon in writing. Equipment rental rates shall include all costs ,including
           operators, hel, and all other operating costs. If the equipment is not on the project grounds, an allowance will
           be made for mobilization. No percentage markup shall be applied to those equipment rental rates listed in the
           Schedule of Equipment Rental. The percentage markups provided herein are intended to include the costs
           associated with all delay, dsruption, extended job site presence and home office overhead resulting from the ---
           changed work.

     2.    On proposals covering both increases and decreases in the amount of this contract, the application of overhead
           and profit shall be on the net change in the cost of the work.

     3.    The percentages for overhead and profit credit to the Owner on Change Orders that are solely decreases ifthe
           quantity of work or materials shall be negotiated, and may vary according to the nature, extent and complexity
           of the work involved, but in no case shall be less than ten percent (10%).

D.   No claim for an addition to this contract sum shall be valid unless authorized as aforesaid in writing by the Owner. In
     the event that none of the foregoing methods are agreed upon, the Owner may order work performed by force account
                                                                                                                               .
     or accounts. The cost of such work shall be determined by the Contractor's actual labor and material cost to perform
     the work plus overhead and profit as outlined in paragraph C above. The Consultant and Contract Supenisor shall           Z
     approve the Contractor's daily time and material invoices for the work involved.

E.   If the Contractor claims that any instructions involve extra cost under this contract, the Contractor shall give the
     Owner written notice thereof within a reasonable time after the receipt of such instructions, and in any event before
     proceeding to execute the work. No such claim shall be valid unless so made and authorized by the Owner, in writing.
                                                                                                                               -
                                                                                                                               -
00700 - GENERAL CONDITIONS                                                                                  PAGE 20 OF 26
F.   In an emergency affecting the safety of life or of the structure or of adjoining property, the Contractor, without special
     instruction or authorization from the Owner, is hereby permitted to act at their discretion to prevent such threatened
     loss or injury. Any compensation claimed by the Contractor on account of such emergency work shall be submitted in
     writing and determined by agreement with the Owner.

ARTICLE 27 - PAYMENT TO CONTRACTORS

A.   PAYMENTS:

     1.    Payments on account of this contract will be made monthly in proportion to the work which has been
           completed. For contracts over $100,000 refer to Article 34 for Minority Report requirements. Request for
           payment must be submitted on the Owner's form as provided. No other pay request will be processed.
           Supporting breakdowns must be provided if requested by the Owner. The Owner shall make payment within
           (30) days after the application and certification for payment is received by the Owner's fiscal officer. The
           Owner reserves the right to reduce the amount of the payment, as requested, if the Owner determines that the
           work has not progressed to the level claimed by the Contractor. The Owner shall retain ten (10) percent of the
           amount of each such payment application until fmal completion and acceptance of all work covered by this
           contract. Upon completion of fifty (50) percent of this contract work, the Contractor may at the Contractor's
           option request a reduction in retainage to five (5) percent. The request for a reduction must be in the form of a
           written request to the Owner and shall be submitted through the Consultant for concurrence. The Owner must
           approved reduction of the retainage before the Contractor may submit a pay application showing the reduced
           retainage. The request shall be accompanied by a complete file of releases fiom subcontractors and material
           suppliers evidencing satisfactory payment for work performed and materials provided to date. The releases
           shall be on the "Partial Receipt of Payment and Release Form" included in the contract specifications. If in the
           opinion of the Owner the work has progressed satisfactorily and there is no reason to believe the Contractor
           may default in the execution of the balance of the work, the Contractor will be notified that retainage on
           subsequent pay applications may be reduced to five (5) percent. Upon the issuance of a certificate of substantial
           completion, the Contractor shall provide the Owner with a price to complete any outstanding work items. Upon
           receipt of these prices, the Contractor may request release of retainage in excess of 200% of the value of the
           outstanding work items.

     2.     Each payment made to Contractor shall be on account of the total amount payable to Contractor and all material
            and work covered by paid partial payment shall thereupon become the sole property of Owner. No such
            payment shall be deemed to be approval for any item or items for which such payment is made, and this
                                                                                                                         -
            provision shall not be construed as relieving Contractor fiom sole responsibility for care and protection of
            materials and work upon which payments have been made or restoration of any damaged work or as a waiver of
            the right of Owner to require fdfillrnent of all terms of this contract.

     3.     Materials delivered on site of work and not incorporated in work if suitably stored on the site or in an approved
            warehouse in accordance with the requirements of Section 8.3 10 Missouri Revised Statutes 1994 and . - -
            Cumulative Supplements, will be allowed in the Application and Certification for Payment on the basis of one
            hundred (100%) percent of value, subject to the 5% or 10% retainage in effect, providing:

            a.   Material has previously been approved through submittal and acceptance of shop drawings conforming to
                 requirements of Article 18 of General Conditions.

            b.   Delivery is made in accordance with the time frame on the approved schedule.

            c.   Materials, equipment, etc., are properly stored and protected from damage and deterioration and remain so -
                 if not, previously approved amounts will be deleted from subsequent pay applications.

            d.   The payment request is accompanied by a breakdown identifylug the material equipment, etc. in sufficient
                 detail to establish quantity and value.                                                                          -
                                                                                                                                  -
00700 - GEXERAL CONDITIONS                                                                                    PAGE 21 OF 26
      4.    The Contractor shall be allowed to include in the application and certification for payment, one hundred (100%)
            of the value, subject to retainage, of major equipment and material stored off the site if all of the following
            conditions are met:

            a.   The request for consideration of payment for materials stored off site is made at least 21 days prior to
                 submittal of the Application for Payment including such material.

            b.   Materials stored in one location off site are valued in excess of $25,000.

            c.   That a Certificate of Insurance is provided indicating adequate protection from loss, theft conversion or
                 damage in transit for materials stored off site. This Certificate shall show the State of Missouri as an
                 additional insured for this loss.

            d.   The materials are stored in a facility approved and inspected, by the Owner's representative.

            e.   Contractor shall be responsible for, Owner costs to inspect out of state facilities, and any delays in the
                 completion of the work caused by damage to the material or for any other failure of the Contractor to have
                 access to this material for the execution of the work.

B.   PAYMENTS WITHHELD: The Owner may withhold or nullify in whole or part any certificate to such extent as may
      be necessary to protect the Owner from loss on account o f

      1.    Defective work not remedied. When a notice of noncompliance is issued on an item or items, corrective action
            shall be undertaken immediately. Until corrective action is completed, no monies will be paid and no additional
            time will be allowed for the item or items. The cost of corrective action(s) shall be borne by the Contractor.

      2.    A reasonable doubt that this contract can be completed for the balance then unpaid.

      3.    Failure of the Contractor to provide monthly payroll records.

      4.    Failure of the Contractor to update the schedule.

     When the Owner is satisfied the Contractor has remedied above grounds, for withholding payment, payment shall be
     made for amounts withheld.

     FMAL PAYMENT:

      1.    Final payment shall be due at such time as the work is fully completed and all provisions of the contract have
            been satisfactorily M a l e d . An amount equal to 200% of the value of the incomplete items may be deducted
            from the final payment per Article 14.
                                                                                                                   . --
      2.    Upon receipt of written notice from the Contractor to the Consultant that the work is ready for final inspection
            and acceptance, the Consultant and Contract Supervisor shall promptly make such inspection. If the work is
            acceptable and the contract filly performed, the Contractor will be directed to submit a final estimate for
            certification. If the Owner approves the same, the entire balance shall be due and payable.

      3.    Where the specifications provide for the performance by the Contractor of certain tests for the purpose of
            balancing and checking the air conditioning and heating equipment and the Contractor shall have liunished and
            installed all such equipment in accordance with the specifications, but said test cannot then be made because of
            weather conditions, such test shall be considered as required under the provisions of the specifications, Article
            19 of General Conditions, and the contract may be certified as satisfactorily completed and the work accepted.
            However, full payment will not be made until the tests have been made. If the tests are not completed when
            scheduled, the Owner may deduct 200% of the value of the tests from the h a 1 payment as noted in Article 14.


00700 - GENERAL CONDITIONS                                                                                     PAGE 22 OF 26
     4.    Neither the final payment nor any part of the retained percentage shall become due until the Contractor delivers
           to the Consultant: 1) a complete file of releases, on a standard form prescribed by the Director and included in
           this contract documents as "Final Receipt of Payment and Release Fom", from subcontractors and material
           suppliers evidencing payment in fill for services, equipment and materials, as the case may require, or a release
           from the bond company accepting liability for any unpaid amounts, 2) an Affidavit for Final Payment, 3)an
           Affidavit of Compliance with Prevailing Wage Law, in the form as included in this contract specifications,
           properly executed by each subcontractor, and the Contractor, 4) certified copies of all payrolls, consisting of
           name, occupation and craft, number of hours worked and actual wages paid for each individual, of the
           Contractor and all subcontractors working on the project, and 5) as-built documents (redlines).

D.   If any lien or claim remains unsatisfied after all payments are made, the Contractor shall refund to the Owner all
     monies that the latter may be compelled to pay in discharging such a lien or claim including all costs and a reasonable
     attorney's fee.

E.   The Contractor shall remove all Contractor's equipment, fimishings, and materials from the work site within thuZy
     (30) days after receipt of final payment. The Owner, on failure of Contractor to remove said equipment and etc., upon
     giving the Contractor written notice and thirty (30) days to remove the equipment and etc., may have the equipment
     impounded and stored. The equipment and etc., will be released to the Contractor upon payment of damage and
     storage cost.


ARTICLE 28 - PARTIAL OCCUPANCY/SUBSTANTIAL COMPLETION.

A.   When the Contractor believes that the Work, or any part of it which the Owner desires to accept separately, is
     substantially complete, the Contractor shall so notify the Owner. The Owner and/or Owner's Representative shall
     conduct an inspection of the Work. The Owner shall prepare a list of aU outstanding items of Work or corrections to
     the Work which need to be completed ("Punch List"). If, in the opinion of the Owner, the Work is not substantially
     complete, the Owner shall specify those items which must be satisfactorily completed before a certificate of
     Substantial Completion shall be issued. The Contractor shall notify the Owner and/or Owner's Representative when
     these items are complete so that another inspection can be made.
B.   The Owner shall determine when the project is substantially complete and shall issue a certificate of substantial
     completion which shall establish the date of Substantial Completion and shall set forth the responsibilities of the
     Owner and the Contractor for utilities, security maintenance, damage to the work and risk of loss. The Certificate of
     Substantial Completion shall also set the time for completion of all remaining items of outstanding work.
                                                                                                                              .-
C.   Contractor agrees that Owner, upon advance notification to Contractor in writing, will be permitted to occupy and use
     any completed or partially completed portions of the project when such occupancy and use is to the Owner's best
     interest If such prior occupancy increases the cost of the work or delays its completion, provided that the same occur
     prior to the completion date fixed by the "Notice to Proceed", and as amended by contract change orders, and provided
     the Contractor submits written notification of such cost increase or time delay, the Contractor shall he entitled -to extra
                                                                                                                   .
     compensation or extension of time, or both.

ARTICLE 29 - DISPUTES AND DISAGREEMENTS.

A.   In order to prevent all disputes or disagreements between the parties aforesaid in relation to the performance hereof of
     this Contract, it is hereby expressly agreed and understood that in case any controversy or difference of opinion shall -
     arise as to the quantity or value of the work, or material, the interpretation of plans, specifications and provisions of the r
     contract documents, or any other matter connected with the work, or the performance of the covenants and agreements --
     herein contained, the decision of the Owner shall be h a 1 and binding on all parties.

ARTICLE 30 - TERMINATION OR SUSPENSION FOR CAUSE
A.   If the Contractor shall file for bankruptcy, or if the Contractor should make a general assignment for the benefit of the
     Contractor's creditors, or if a receiver should be appointed on account of the Contractor's insolvency, or if the -

00700 - GENERAL CONDITIONS                                                                                     PAGE 23 OF 26
     Contractor should persistently or repeatedly refuse or fail to supply enough properly skilled workers or proper
     materials or if the Contractor should fail to make prompt payment to subcontractors or for material or labor, or
     persistently disregard laws, ordinances or the instructions of the Owner, or otherwise be guilty of a substantial
     violation of any provision of the contract, then the Owner may serve notice on the Contractor and the Contractor's
     surety setting forth the violations and demanding compliance with the contract. Unless withm ten (10) consecutive
     calendar days after serving such notice, such violations shall cease and satisfactory arrangements for correction be
     made, the Owner may suspend the Contractor's right to proceed with the work or terminate the contract.

B.   In the event the Owner suspends Contractor's right to proceed with the work or terminates the contract, the Owner may
     demand that the Contractor's surety take over and complete the work on the contract, after the surety submits a written
     proposal to the Owner and receives written approval and upon the surety's failure or refusal to do so within ten (10)
     consecutive calendar days after demand therefor, the Owner may take over the work and prosecute the same to
     completion and the Owner may take possession of and utilize in completing the work such materials, supplies,
     appliances and plant as may be on the site of the work, and all subcontractors, if the Owner elects, shall be bound to
     perform their contracts.

C.   The Contractor and the surety shall be and remain liable to the Owner for any excess cost or damages occasioned to
     the Owner as a result of the actions above set forth.

D.   The Contractor in the event of such suspension or termination shall not be entitled to receive any fiu-ther payments
     under the contract until the work is wholly finished. Then if the unpaid balance under the contract shall exceed all
     expenses of the Owner as certified by the Consultant, such excess shall be paid to the Contractor; but, if such expenses
     shall exceed the unpaid balance as certified by the Consultant, the Contractor and the surety shall be liable for and
     shall pay the difference and any damages to the Owner.

E.   In exercising Owner's right to secure completion of the work under any of the provisions hereof, the Owner shall have
     the right to exercise Owner's sole discretion as to the manner, methods and reasonableness of costs of completing the
     work

F.   The rights of the Owner to suspend or terminate as herein provided shall be cumulative and not exclusive and shall be
     in addition to any other remedy provided by law.

G.   The Contractor in the event of such suspension or termination may be declared ineligible for Owner contracts for a
     minimal period of twelve (12) months. Further, no contract will be awarded to any Contractor who lists in the
     proposal any subcontractor whose prior performance has contributed, as determined by the Owner, to a breach of a _
     contract. In order to be considered for State awarded contracts after t h ~ speriod, the contractor/subcontractor will be-
     required to forward acceptance reports to the Owner regarding successful completion of non-State projects during the
     intervening twelve (12) months from the date of default. No State contracts will be awarded to a
     ~ubcontractor/contractoruntil the ability to perform responsibly in the private sector has been proven to the Owner.
                                                                                                                  .   --
ARTICLE 3 1 - RECORD DRAWINGS.
A.   Contractors shall, at the completion of their work and prior to submission of request for fmal payment, complete and
     turn over to the Consultant a marked up set of the drawings provided for construction. The corrections shall show any
     addenda all field changes that were made to adapt to field conditions, changes resulting fiom contract change orders
     and all buried installations of piping, conduit, and utility services. All buried and concealed items both inside and
     outside shall be accurately located as to depth and referenced to two permanent features such as interior or exterior .
     wall faces and dimensions shall be given in a neat and legible manner in a contrasting colored pencil or ink.         -
                                                                                                                           -      -
ARTICLE 32 - WARRANTIES AND OPERATING INSTRUCTIONS.
A.   Warranties and operating instructions of various equipment items, according to the manufacturer's policy covering-
     their products, shall be delivered in two (2) copies to the Owner prior to submission of the h a 1 pay estimate.

ARTICLE 33 - GENERAL GUARANTEE.

00700 - GENERAL CONDITIONS                                                                                   PAGE 24 .OF 26
A.   Neither the final certificate of payment or any provision in the contract documents nor partial use or occupancy of the
     premises by the Owner shall constitute an acceptance of work not done in accordance with the contract documents or
     relieve the Contractor or the sureties of liability in respect to c y latent defects, express warranties or responsibility for
     faulty materials, workmanship or liquidated damages.

B.   The Contractor or the sureties shall remedy any defects in the work and pay for any damage to other work resulting
     therefrom which shall appear within a period of one (1) year from the date of substantial completion unless a longer
     period is otherwise specified. The Owner will give notice of observed defects with reasonable promptness.

C.   In case of default on the part of the Contractor in hlfilling this part of the contract, the Owner may correct the work or
     repair the damage and the cost and expense incurred in such event shall be paid by or recoverable fiom the Contractor.

D.   Should Contractor be required to perform tests that due to climatic conditions must be delayed, it is understood that
     such tests will be accomplished by Contractor at the earliest possible date with the provisions of the General Guarantee
     beginning upon satisfactory completion of said test.

ARTICLE 34 - MBEANBE REOUIREMENTS
     For contracts in an amount greater than or equal to one hundred thousand dollars ($100,000), the following provisions
     shall apply:

A.   The Contractor shall have a goal of subcontracting not less than the percent indicated in the awarded contract to
     MBEJWBE (s).

B.   If the Contractor fails to meet or maintain stated percent, the Contractor must satisfactorily explain to the Owner why
     the requirement cannot be achieved and why meeting the requirement was beyond the Contractor's control.

C.   If the Owner finds the Contractor's explanation unsatisfactory, the Owner may take any appropriate action including,
     but not limited to:

     1.     Declaring the Contractor ineligible to participate in any state contracts administered through the Missouri
            Department of Conservation for a period not to exceed six (6) months; and

     2.     Directing that the Contractor be declared in breach of the contract.

D.   If a MBEIWBE is replaced during the course of the contract, the Contractor shall make a good faith effort to replace itz
     with another MBEANBE. All substitutions shall be approved by the Owner.

E.   The Contractor shall provide the Director with regular reports on its progress in meeting its MBE/WBE obligations.
     As a minimum, the dollar-value of work completed by each MBEANBE subcontractor during the preceding month and
     as a cumulative total shall be reported with each monthly application for payment. A final report shalt.include the total
     dollar-value of work completed by each minority subcontractor during the total contract.

ARTICLE 35 - DOMESTIC PRODUCTS PROCUREMENT
A.   In accordance with the Missouri Domestic Products Procurement Act (Senate Bill 74, 84th General Assembly, First
     Regular Session), any manufactured goods or commodities used or supplied in the performance of this contract or any
                                                                                                                                      .
     subcontract thereto shall be manufactured, assembled or produced in the United States, unless the specified products             v

     are not manufactured, assembled or produced in the United States in sufficient quantities to meet the agency's
     requirements or cannot be manufactured, assembled or produced in the United States within the necessary time in
     sufficient quantities to meet the contract requirements, or if obtaining the specified products manufactured, assembled
     or produced in the United States would increase the cost of this contract for purchase of the product by more than ten
     percent.

B.   The Contractor shall certify, through each pay application, that all manufactured goods or commodities used or
                                                                                                                                      -
                                                                                                                                      -
00700 - GENERAL CONDITIONS                                                                                       PAGE 25 .OF 26
       supplied in the performance of the work for which payment is requested were manufactured, produced or assembled in
       the United States. If the goods used or supplied in the performance of the work for which payment is requested were
       not manufactured, produced or assembled in the United States, the Contractor must certify that the goods needed (1)
       are not manufactured in the United States, (2) are not manufactured in sufficient quantities to meet the needs of this
     ' contract, (3) cannot be manufactured, assembled or produced in the United States within the necessary time to meet

       the requirements of this contract, or (4) would increase the cost of this contract for the purchase of the product by more
       than ten percent (10%) if purchased fiom a manufacturer or producer in the United States.

ARTICLE 36 - TERMINATION OR SUSPENSION FOR CONVENlENCE
A.   The Owner may terminate or suspend the Contract or any portion of the Work without cause at any time, and at the
     Owner's convenience. Notification of a termination or suspension shall be in writing and shall be given to the
     Contractor and hislher surety. If the Contract is suspended, the notice will contain the anticipated duration of the
     suspension or the conditions under which work will be permitted to resume.

B.    Upon receipt of noti£ication, the Contractor shall:

      1.     Cease operations when directed.

      2.    Take actions to protect the work and any stored materials.

      3.                                                                             s
            Place no hrther subcontracts or orders for material, supplies, s e ~ c e or facilities except as may be necessary to
            complete the portion of the Contract that has not been terminated. No claim for payment of materials or
            supplies ordered after the termination date shall be considered.

      4.    Terminate all existing subcontracts, rentals, material, and equipment orders.

      5.     Settle all outstanding liabilities arising fiom termination with subcontractors and suppliers.

      6.     Transfer title and deliver to the Owner, work in progress, completed work, supplies and other material produced
             or acquire for the work terminated, and completed or partially completed plans, drawings information and other
             property that, if the Contract had been completed, would be required to be furnished to the Owner.

C.    For termination without cause and at the Owner's convenience, in addition to payment for work completed prior to
      date of termination, the Contractor may be entitled to payment of other documented costs directly associated with the
      early termination of the contract. Payment for anticipated profit and un-applied overhead will not be allowed.       -
                                                                                                                          .-




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00700 - GENERAL CONDITIONS                                                                                      PAGE 26 OF 26
SECTION 00800 - SUPPLEMENTARY GENERAL CONDITIONS

10
 .    GENERAL:
      A.    These Supplementary General Conditions clarify, add, delete, or otherwise modify standard terms and
            conditions of DMSION 0, BIDDING AND CONTRACTING REQUIREMENTS.

20
 .    DEFINITION:

      A.    Designer:                  Missouri Department of Conservation
                                       Design and Development
                                       PO Box 180
                                       290 1 West Tnunan Blvd.
                                       Jefferson City, MO 65 102-0180
                                       Telephone :      573-52241 15
                                       Fax:             573-522-2324

      B.    Project Engineer           Stephen Atkinson, P.E.
                                       Design and Development
                                       PO Box 180
                                       290 1 West Tnunan Blvd.
                                       Jefferson City, MO 651 02-01 80
                                       Telephone:       573-522-41 15 ext 3765
                                       Fax:             573-522-2324

      C.    Contract Specialist:       Greg Trinkle
                                       Design and Development
                                       PO Box 180
                                       2901 West Truman Blvd.
                                       Jefferson City, MO 65 102-b 180
                                       Telephone:       573-522-4115 ext 3736
                                       Fax:             573-522-2324

3.0   FURNISHING CONSTRUCTION DOCUMENTS:

      A.    The Owner will fiunish the Contractor up to five (5) complete sets of drawings and specifications at no
            charge.

      B.    The Owne~ furn~sh Contractor up to five (5) sets of explanatory or change drawings at no charge.
                    will    the
                                                                                                              ..   --

      C.    The Contractor may make copies of the documents as needed with no additional cost to the Owner.

40
 .    PREVAILING WAGE L A W
      A.    PREVAILING WAGE LAW - SECTION 290.250

            The Contractor shall forfeit as a penalty to the state, county, city and county, city, town, district or other   -
            political subdivision on whose behalf the contract is made or awarded, ten dollars for each workman
            employed, for each calendar day, or portion thereof, such workman is paid less than the said stipulated rates
            for any work done under said contract, by him or by any subcontractor under him.

       B.   PREVAILMG WAGE LAW - SECTION 290.290

                                                                                                                             -
00800 - SUPPLEMENTARY GENERAL CONDITIONS                                                                   PAGE 1 OF 2
                    Each Contractor or subcontractor shall file with the contracting public body upon completion of
                    the public work and prior to final payment therefore an affidavit stating that he had hlly complied
                    with the provisions and requirements of h s Prevailing Wage Law and no public body shall be
                    authorized to make final payment until such affidavit is filed therewith in proper form and order.

      EXCESSIVE UNEMPLOYMENT:

      A.    This contract will be awarded during a period of excessive unemployment as defined in RSMo 290.560.
            Accordingly, the Contractor will only use Missouri labor from non-restrictive states in the conduct of the
            work under h s contract. The determination of a worker's home state is based on permanent address.
            Failure to use Missouri labor or labor from non-restrictive states during the conduct of the work hereunder
            will expose the Contractor to penalties assessed by the Missouri Department of Labor Standards. Non-
            restrictive states are: Arkansas, Colorado, Georgia, Hawaii, Indiana, Kansas, Kentucky, Louisiana,
            Nebraska, New Hampshire, Maryland, Michigan, Minnesota, New Mexico, New Jersey, New York, North
            Carolina, Ohio, Oregon, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia,
            Washington, West Virginia, and Wisconsin.




END OF SECTION 00800




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00800 - SUPPLEMENTARY GENERAL CONDITIONS                                                                 PAGE 2 OF 2

								
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