Document 7Rg3EVwVypKZbKj8XbMEqDQE6

P. O. BOX 4858 CORPUS CHRISTI, TEXAS 78408 BERRY CONTRACTING, INC Industrial Contractors January 3, 1983 PLAINTIFF'S EXHIBIT 1414 CORN PRODUCTS ROAD AC 512 289-2100 TELEX 778446 Coastal States Petrochemical Co. P. 0. Box 109 Corpus Christi, Texas 78403 Attention: Mr. John Baden Dear Mr. Baden Attached are our revised Labor Rate Schedules, Equipment Rental Rates, both for operated and nonoperated equipment. Consumable Supplies List, Shop Labor Rates, Stress Relieving and X-Ray Rate Schedules which are effective as of January 3, 1983. We will be happy to provide our services to perform any of your requirements for plant construction and maintenance work, or shop pipe, vessel and structural fabrication needs on the following basis: a. PLANT CONSTRUCTION AND MAINTENANCE 1. Labor and Supervision All field labor and supervision required for the performance of work assigned us will be provided at the rates shown in attached "Exhibit A", Labor Rate Schedules. The rates shown on these schedules are your total cost for each craft manhour worked, and include wages and fringes, payroll taxes and insurance, small tools, home office overhead and profit. Small tools are defined as, and limited to, any tool required for the work which has an acquisition cost of under $300.00 and does not appear on the attached "Exhibit C" - Equipment Rental Rates, and "Exhibit D" - Consumable Supplies. 2. Construction Equipment All construction equipment required for the performance of work assigned us will be furnished in accordance with the rates, and on the basis as shown in attached "Exhibit "8" and "Exhibit "C" - Equipment Rental Rates. 3. Materials, Consumables and Subcontract Services For any materials, consumable supplies (Exhibit D) or subcontract services you request we furnish, your cost will be our cost plus 10% markup for overhead and profit. For any materials or consumable supplies we furnish on CED0006440 which there is a cash discount available, if we receive payment in sufficient time to earn the discount, it will be passed on to you, otherwise this discount will remain with us. B. SHOP PIPE. VESSEL AND STRUCTURAL FABRICATION For work performed in our pipe and vessel fabricating shops, the rates set forth in the "Exhibit E" will apply. Any materials or subcontract work which you request we procure in connection with force account work performed in our shops for you, would be furnished on the same basis as stated in A. 3 above. C. STRESS RELIEVING AND X-RAY For Field Stress Relieving and X-Ray performed in the field or our shops, rates as set forth in attached "Exhibit "F" and "Exhibit G" will apply. Stress relieving performed in our 20' wide by 21' high by 79' long car bottom furnace will be priced on application. We will be happy to provide the above services to you for any of your requirements, and assure you we will perform in a manner highly satisfactory to you. Very truly yours, BERRY CONTRACTING, INC. enclosures /db D. t. bpangier Vice President CED0006441 which there is a cash discount available, if we receive payment in sufficient time to earn the discount, it will be passed on to you, otherwise this discount will remain with us. B. SHOP PIPE, VESSEL AND STRUCTURAL FABRICATION For work performed in our pipe and vessel fabricating shops, the rates set forth in the "Exhibit E" will apply. Any materials or subcontract work which you request we procure in connection with force account work performed in our shops for you, would be furnished on the same basis as stated in A. 3 above. C. STRESS RELIEVING AND X-RAY For Field Stress Relieving and X-Ray performed in the field or our shops, rates as set forth in attached "Exhibit "F" and "Exhibit G" will apply. Stress relieving performed in our 20' wide by 211 high by 79' long car bottom furnace will be priced on application. We will be happy to provide the above services to you for any of your requirements, and assure you we will perform in a manner highly satisfactory to you. Very truly yours, BERRY CONTRACTING, INC. enclosures /db D. t. spangier Vice President CED0006442 Craft: Boilermaker BERRY CONTRACTING, INC. Labor Rate Schedule Exhibit "A" Effective: 1/3/83 Page _1 Th rough 6/9/83 Boilermaker Sub-Boilermaker 1st Pd. App. 70% 2nd Pd. App. 75% 3rd Pd. App. 80% 4th Pd. App. 85% 5th Pd. App. 90% 6th Pd. App. 95% Assistant Foreman Foreman General Foreman Superintendent Straight Time $23.78 18.47 17.41 18.47 19.53 20.59 21.66 22.72 24.61 25.06 25.38 26.02 Time & One Half $33.74 25.94 24.38 25.94 27.50 29.06 30.62 32.18 34.96 35.62 36.09 37.03 The above rates include wages, benefits, applicable payroll burdens such as F.I.C.A., Withholding Tax, and the premiums on insurance, overhead and profit. These rates do not include any other costs or contin gencies such as rework or uninsured losses. CED0006443 Craft BERRY CONTRACTING, INC. Labor Rate Schedule Exhibit "A" CarpentersEffect! ve; 1/3/83Through: Page 2 3/31/83 Carpenters 1st Pd. App. 55% 2nd Pd. App. 65% 3rd Pd. App. 70% 4th Pd. App. 75% 5th Pd. App. 80% 6th Pd. App. 85% 7th Pd. App. 90% 8th Pd. App. 95% Saw Operator - Filer General Foreman Foreman Straight Time $16.09 9.47 10.94 11.67 12.41 13.14 13.88 14.61 15.36 16.24 18.01 16.73 Time & One Half $22.98 13.26 15.42 16.49 17.58 18.65 19.74 20.81 21.91 23.21 _25.80 23.92 The above rates include wages, benefits, applicable payroll burdens such as F.I.C.A., Withholding Tax, and the premiums on insurance, overhead and profit. These rates do not include any other costs or contin gencies such as rework or uninsured losses. CED0006444 BERRY CONTRACTING, INC. Labor Rate Schedule Exhibit "A" Craft: Cement FinishersEffective: 1/3/83Through: 3/31/83 Finisher Machine Finisher 1st Pd. App. 60% 2nd Pd. App. 70% 3rd Pd. App. 80% 4th Pd. App. 90% Foreman Straight Time $16.25 16.57 9.75 11.38 13.00 14.63 16.89 Time & One Half 23.87 24.34 14.32 16.71 19.09 21.49 24.81 Hie above rates include wages, benefits, applicable payroll burdens such as F.I.C.A., Withholding Tax, and Che premiums on insurance, overhead and profit. These rates do not include any other costs or contin* gencies such as rework, or uninsured losses. CED0006445 BERRY CONTRACTING, INC. Labor Rate Schedule Exhibit "A" Craft: IronworkersEffecti ve: 1/3/83Through: Page 4 3/31/83 Ironworker 1st Pd. App. 60% 2nd Pd. App. 70% 3rd Pd. App. 75% 4th Pd. App. 80% 5th Pd. App. 85% 6th Pd. App. 90% Foreman General Foreman Straight Time $18.71 12.43 13.99 14.78 15.57 16.35 17.14 20.03 20.83 Overtime $26.07 16.84 19.13 20.30 21.45 22.60 23.76 28.01 29.18 The above races include wages, benefits, applicable payroll burdens such as F.I.C.A., Withholding Tax, and the premiums on insurance, overhead and profit. These rates do not include any other costs or contin gencies, such as rework or uninsured losses. CED0006446 BERRY CONTRACTING, INC. Labor Rate Schedule Exhibit "A" Cra ft LaborersEffective: 1/3/83Through: 3/31/83 Page 5 Laborer Power Tool Operator Craft Tender Operator Helper Labor Foreman Concrete Foreman Gen Labor Foreman Labor/Cement Finisher Straight Time $10.82 11.07 11.20 12.10 12.22 12.42 12.47 Time & One Half $15.40 15.77 15.96 17.28 17.46 17.75 17.82 The above races include wages, benefits, applicable payroll burdens such as F.I.C.A., Withholding Tax, and the premiums on insurance, overhead and profit. These rates do not Include any other costs or contin gencies such as rework or uninsured losses. CED0006447 BERRY CONTRACTING, INC. Labor Rate Schedule Exhibit "A" Craft: MillwrightsEffecti ve: 1/3/83Through: 3/31/83 Millwright Millwright Helper 1st Pd. App. 6025 2nd Pd. App. 65% 3rd Pd. App. 7025 4th Pd. App. 75% 5th Pd. App. 80% 6th Pd. App. 85% 7th Pd. App. 90% 8th Pd. App. 95% Foreman General Foreman Straight Time 18.240 $10,945 10.945 11.850 12.775 13.685 14.590 15.500 16.420 17.330 19.520 20.610 Overtime 26.790 $16,075 16.075 17.405 18.765 20.100 21.430 22.765 24.120 25.455 28.670 29.610 The above races include wages, benefits, applicable payroll burdens such as F.I.C.A., Withholding Tax, and the premiums on insurance, overhead and profit. These rates do not include any other costs or contin gencies, such as rework or uninsured losses. CED0006448 BERRY CONTRACTING, INC. Labor Rate Schedule Exhibit "A" Craft: OperatorsEffecti ve: 1/3/83Through: Page___7 3/31/83 Utility Operator Heavy Equip Operator Light Equip Operator Light Equip Driver 1st Year Oiler 2nd Year Oiler Foreman Straight Time $19.97 19.81 17.67 17.67 16.54 16.73 20.45 Time & One Half $28.48 28.24 25.10 25.10 23.43 23.72 29.18 The above rates include wages, benefits, applicable payroll burdens such as F.I.C.A., Withholding Tax, and the premiums on insurance, overhead and profit. These rates do not include any other costs or contin gencies such as rework or uninsured losses. CED0006449 Craft: PaintersEffective: BERRY CONTRACTING, INC. Labor Rate Schedule Exhibit "A" 1/3/83Through: Page___8 6/30/83 Painter 1st Pd. App. 53% 2nd Pd. App. 60% 3rd Pd. App. 65% 4th Pd. App. 72% 5th Pd. App. 78% 6th Pd. App. 85% Foreman NEW CONSTRUCTION Straight Time $16.26 9.07 10.15 10.91 11.98 12.90 13.97 16.74 Overtime $23.43 12.87 14.45 15.57 17.14 18.49 20.06 24.13 The above rates include wages, benefits, applicable payroll burdens such as F.X.C.A., Withholding lax, and the premiums on insurance, overhead and profit. These rates do not include any other costs or contin gencies such as rework or uninsured losses. CED0006450 BERRY CONTRACTING, INC. Labor Rate Schedule Exhibit "A" Craft: PaintersEffective: 1/3/83Through: Page 8A 6/30/83 Painter 1st Pd. App. 53% 2nd Pd. App. 60% 3rd Pd. App. 65% 4th Pd. App. 72% 5th Pd. App. 78% 6th Pd. App. 85% Foreman MAINTENANCE Straight Time $15.50 8.68 9.68 10.41 11.43 12.30 13.32 15.98 Overtime $22.31 12.29 13.76 14.84 16.33 17.61 19.11 23.01 The above rates include wages, benefits, applicable payroll burdens such as F.I.C.A., Withholding Tax, and the premiums on insurance, overhead and profit. These rates do not include any other costs or contin gencies such as rework or uninsured losses. CED0006451 Craft: Pipefitters BERRY CONTRACTING, INC. Labor Rate Schedule Exhibit "A" Effective 1/3/83 Page ___9 Through: 4/4/83 Pipefitter Pipefitter Helper Sub-Journeyman 1st Pd. App. 40% 2nd Pd. App. 50% 3rd Pd. App. 55% 4th Pd. App. 60% 5th Pd. App. 65% 6th Pd. App. 70% 7th Pd. App. 75% 8th Pd. App. 80% Foreman Area Foreman General Foreman Superintendent Straight Time $19.50 8.75 12.33 8.75 10.54 11.44 12.33 13.23 14.12 15.02 15.92 20.78 21.10 21.61 22.89 Overtime $27.90 12.11 17.37 12.11 14.74 16.06 17.37 18.69 20.00 21.32 22.64 - 29.78 30.25 31.00 32.88 The above races include wages, benefits, applicable payroll burdens such as F.I.C.A., Withholding Tax, and the premiums on Insurance, overhead and profit. These rates do not include any other costs or contin gencies such as rework or uninsured losses. CED0006452 BERRY CONTRACTING, INC. Labor Rate Schedule Exhibit "A" Craft: Miscellaneous PersonnelEffective: 1/3/83Through: Page ___M 6/30/83 Time Keeper Field Office Manager Field Engineer Planner/Scheduler Assistant Superintendent Superintendent Project Manager Tool Room Attendant Straight Time $ 9.70 16.56 19.25 21.00 28.00 32.00 35.00 9.61 Overtime $13.90 20.16 27.65 -- -- -- -- 13.96 The above rates include wages, benefits, applicable payroll burdens such as F.I.C.A., Withholding lax, and the premiums on insurance, overhead and profit. These rates do not include any other costs or contin gencies such as rework, or uninsured losses. CED0006453 Craft: Operators BERRY CONTRACTING, INC. Labor Rate Schedule Exhibit "A" Page___H Effeetive: As Below Through: See Below All manned and maintained rates are based on straight time only. For any overtime worked, the straight time rates will be increased for the premium portion of the operator's wages as listed below: OPERATORS - EXPIRATION DATE 3/31/83 Straight Time Premium Heavy Equipment Operator Light Equipment Operator Truck Driver $19.81 17.67 17.67 $8.43 7.43 7.43 For support crafts, the following hourly rates will apply: Expiration Dates Rigger, Welder & Swamper Rigger Superintendent & Foreman 6/9/83 3/31/83 Straight Time - Overtii Rigger Superintendent Rigger Foreman Rigger Welder Truck Swamper $25.38 25.06 19.81 19.81 10.35 $36.09 35.62 28.24 28.24 15.04 Out-of-Town Expenses will be charged at the rate of $35.00 per man per day. Travel time to and from job for above crafts, when applicable, will be charged at the applicable straight time rate. The above rates include wages, benefits, applicable payroll burdens such as F.I.C.A., Withholding Tax, and the premiums on insurance, overhead and profit. These rates do not include any other costs or contin gencies such as rework or uninsured losses. CED0006439