DIVISION 17 NOTICE - Lane Blue Print

DIVISION 17 NOTICE

For this project, selected MasterFormat 2004specifications may be displayed in Division 17000.

Applicable Divisions are outlined in the Table of Contents

Division 17000-Other: May Contain one or more of the followingMasterFormat 2004 Divisions:

Division 21 Fire SuppressionDivision 22 PlumbingDivision 23 Heating, Ventilating, and Air ConditioningDivision 25 Integrated AutomationDivision 26 ElectricalDivision 27 CommunicationsDivision 28 Electronic Safety and SecurityDivision 31 EarthworkDivision 32 Exterior ImprovementsDivision 33 UtilitiesDivision 34 TransportationDivision 35 Waterway and Marine ConstructionDivision 40 Process IntegrationDivision 41 Material Processing and Handling EquipmentDivision 42 Process Heating, Cooling, and Drying EquipmentDivision 43 Process Gas & Liquid Handling, Purification, & Storage EquipmentDivision 44 Pollution Control EquipmentDivision 45 Industry-Specific Manufacturing EquipmentDivision 48 Electrical Power Generation

PLEASE CONTACT DODGE TECHSUPPORT@MCGRAW-HILL. COM IF YOU HAVE ANY QUESTIONS ABOUT CONTENTOR TECHNICAL MATTERS.

THANK YOU FOR USING MCGRA W-HILL CONSTRUCTION

CITY OF PLATTSBURG,MISSOURI

PROJECT MANUALFOR

PHASE 2 - WATER TREATMENTPLANT IMPROVEMENTS

October 2012Revised March 2013

PY Project No. 252-212049.2

PONZER-YOUNGQUIST, PAConsulting Engineers and Land Surveyors

p y 227 E Dennis Ave., Olathe, KS 66061 Set No.

PROJECT MANUAL FOR

PHASE 2 – WATER TREATMENT PLANT

IMPROVEMENTS

CITY OF PLATTSBURG, MISSOURI

PY Project No. 252-212049.2

October 2012 Revised March 2013

PONZER-YOUNGQUIST P.A. Consulting Engineers & Land Surveyors

Olathe, KS 66061

TABLE OF CONTENTS

Engineer's Certification

Buy American Certification of Ponzer-Youngquist (Consultant)

Advertisement for Bids .............. ........ RUS Bulletin 1780-26, Attachment E

Instructions to Bidders ........................ RUS Bulletin 1780-26, Attachment F

Bid Form.......................... ....... RUS Bulletin 1780-26, Attachment G

Bid Bond.. ........................ ....... EJCDC C-430

Compliance Statement................... ..... USDA Form RD 400-6

Notice to Prospective Subcontractors of Requirementsfor Certifications of Non-Segregated Facilities

Certification Regarding Debarment, Suspension,Ineligibility and Voluntary Exclusion - Lower TierCovered Transactions.... ............ ...... Form AD-I 048

Labor Standards Provisions .. .................. RD Instruction 1940-C, Exhibit A

Certification for Contracts, Grants and Loans ........ RD Instruction 1940-Q, Exhibit A-i

Disclosure of Lobbying Activities ................. SF-LLL - Form 0348-0046

Notice of Award............... .............. EJCDC C-510

Agreement Between Owner and Contractor forConstruction Contract ......................... EJODC C-520

Performance Bond.... .. ................. .... EJODO C-610

Payment Bond ............. ................. EJODO C-615

Notice to Proceed...........................EJODO C-550

Standard General Conditions of theConstruction Contract ......................... EJODO 0-700

Supplementary Conditions ..................... RUS Bulletin 1780-26, Attachment H

Supplementary Conditions ..................... MO RUS Bulletin 1780-26, Attachment H

A Listing of the Duties, Responsibilities and ProjectLimitations of Authority of the Resident ProjectRepresentative................ ...... Exhibit 1 to Attachment H

Certificate of Owner's Attorney......................RUS Bulletin 1780-26, Exhibit GO-A toAttachment H

Goals and Timetables for Minorities and Women......FmHA Instruction 1901-E, Exhibit DContractor's Application for Payment.............. EJCDC C-620

Change Order. .............................. EJCDC C-941

Certificate of Substantial CompletionC 5..............EJD C-625

Certificate of Contractor's Release ............ USDA Form RD 1924-9

Project Engineer's Certificate of Approval...........USDA RD MO RUS 1780 Guide 8 to

State Wage Rates n.... ....................... Missouri Annual Wage Order No. 19Clinton County

Federal Wage Rates.. ........................ General Decision No. M 30001, 03/0813,MO I - Heavy & Highway - Statewide

OCT 2012 (Rev Mar2013) TO-i 25-212049.2

LIST OF DRAWINGS

DIVISION I - GENERAL REQUIREMENTS

SECTION 1A - GENERAL REQUIREMENTS

01 Work Under These Contract Documents

02 Legal Address of Owner Project and Contract Limits

03 Project and Contract Limits

04 Work by Others

05 Contractor Use of Premises

06 Construction Sequence

07 Schedule of Operation

08 Drawings

09 Utilities

10 Office and Sanitary Facilities

11 Temporary Utility Facilities

12 Baselines and Benchmarks

13 Protection and Maintenance of Property

14 Barricades and Lights

15 Clean-Up

16 Fences

17 Field Tests and Adjustments

18 Operating Instructions

19 Measurement and Payment

20 Review of Shop Drawings and Samples

21 Working Hours

22 Electrical Qualification

23 Salvage Material

24 Temporary Project Sign

DIVISION 2 - SITEWORK

SECTION 02200 SITE PREPARATION

SECTION 02300 EARTHWORK

SECTION 02335 SUBGRADE PREPARATION

SECTION 02345 GEOTEXTILES

SECTION 02510 EXTERIOR PRESSURE PIPING

SECTION 02511 EXTERIOR PRESSURE PIPING ACCESSORIES

SECTION 02512 EXTERIOR VALVES AND ACCESSORIES

SECTION 02515 TESTING AND FLUSHING - PRESSURE LINES

OCT 2012 (Rev Mar 2013) TC-2 252-212049.2

SECTION 02516 PIPING DISINFECTION

SECTION 02530 GRAVITY LOW HEAD SEWER PIPING

SECTION 02635 STORM SEWER PIPING AND APPURTENANCES

SECTION 02920 LAWNS AND GRASS

DIVISION 3- CONCRETE

SECTION 03110 CONCRETE FORMWORK

SECTION 03150 CONCRETE ACCESSORIES

SECTION 03200 CONCRETE REINFORCEMENT

SECTION 03300 CAST-IN-PLACE CONCRETE

SECTION 03410 PRECAST CONCRETE MANHOLES AND VAULTS

SECTION 03600 GROUT

DIVISION 4- MASONRY

SECTION 04050 BASIC MASONRY MATERIALS AND METHODS

SECTION 04220 CONCRETE MASONRY UNITS

DIVISION 5- METALS

SECTION 05100 STRUCTURAL METAL FRAMING

SECTION 05520 HANDRAILS AND RAILINGS

SECTION 05530 GRATINGS

DIVISION 6- WOOD AND PLASTICS

SECTION 06067 SHEET VINYL

SECTION 06100 ROUGH CARPENTRY

SECTION 06200 FINISH CARPENTRY

DIVISION 7 -THERMAL AND MOISTURE PROTECTION

SECTION 07210 BUILDING INSULATION

SECTION 07600 FLASHING AND SHEET METAL

SECTION 07920 JOINT SEALANTS

DIVISION 8 - DOORS AND WINDOWSal-

SECTION 08100 METAL DOORS AND FRAMES

SECTION 08225 FIBERGLASS REINFORCED DOOR AND DOOR FRAME SYSTEMS

SECTION 08315 HORIZONTAL FLOOR DOORS

SECTION 08330 OVERHEAD COILING DOORS

SECTION 08521 ALUMINUM WINDOWS

SECTION 08700 HARDWARE

SECTION 08800 GLAZING

OCT 2012 (Rev Mar 2013) TC-3 252-212049.2

DIVISION 9- FINISHES

SECTION 09250 GYPSUM WALLBOARD

SECTION 09610 FLOOR TREATMENT

SECTION 09900 PAINTING

SECTION 09975 GLASS FIBER REINFORCED PLASTIC PANELING

DIVISION 10 - SPECIALTIES

SECTION 10400 SAFETY SIGNS

SECTION 10520 FIRE EXTINGUISHERS

DIVISION 11 - EQUIPMENT

SECTION 11214 VERTICAL TURBINE PUMPS

SECTION 11217 SAMPLING PUMP EQUIPMENT

SECTION 11220 RAPID MIXERS

SECTION 11225 SOLIDS CONTACT BASIN EQUIPMENT

SECTION 11231 CENTRIFUGAL AIR BLOWER

SECTION 11232 AIR SCOUR SYSTEM

SECTION 11241 CARBON (PAC) FEEDER EQUIPMENT

DIVISION 13- SPECIAL CONSTRUCTION

SECTION 13121 METAL BUILDING SYSTEMS

SECTION 13209 CLEARWELL BAFFLES

SECTION 13220 FILTER EQUIPMENT

SECTION 13226 FILTER MEDIA

SECTION 13400 MEASUREMENT AND CONTROL INSTRUMENTATION

SECTION 13425 PROCESS FLOW METERS

DIVISION 14 - CONVEYING SYSTEMS

SECTION 14620 TROLLEY HOISTS

SECTION 14651 PORTABLE DAVIT CRANE

OCT 2012 (Rev Mar 2013) TC-4 252-212049.2

DIVISION 15 - MECHANICAL

SECTION 15100 BUILDING SERVICES PIPING

SECTION 15121 PRESSURE GAUGES

SECTION 15162 TRENCH DRAIN SYSTEM

SECTION 15221 PROCESS PIPING

SECTION 15222 PROCESS PIPING ACCESSORIES

SECTION 15223 PROCESS VALVES AND ACCESSORIES

SECTION 15224 VALVE ACTUATORS AND ACCESSORIES

SECTION 15225 AIR VALVES AND ACCESSORIES

SECTION 15226 CHECK VALVES AND ACCESSORIES

SECTION 15227 PILOT-OPERATED CONTROL VALVES AND ACCESSORIES

SECTION 15229 PLANT DISINFECTION

SECTION 15446 SUMP PUMPS

SECTION 15800 AIR DISTRIBUTION

DIVISION 16 - ELECTRICAL

SECTION 16050 BASIC ELECTRICAL MATERIALS AND METHODS

SECTION 16120 CONDUCTORS AND CABLES

SECTION 16130 RACEWAY SYSTEMS

SECTION 16131 CONDUIT FITTINGS AND ACCESSORIES

SECTION 16140 WIRING DEVICES

SECTION 16131 CONDUIT FITTINGS AND ACCESSORIES

SECTION 16140 WIRING DEVICES

SECTION 16262 ADJUSTABLE FREQUENCY DRIVES

SECTION 16274 LIGHTING AND DISTRIBUTION TRANSFORMERS

SECTION 16410 SAFETY SWITCHES AND FUSES

SECTION 16443 PANELBOARDS

SECTION 16491 1/O SIGNAL SURGE VOLTAGE PROTECTION

SECTION 16492 EQUIPMENT SURGE VOLTAGE PROTECTION

SECTION 16500 LIGHTING

APPENDIX

8.6 - Missouri Department of Natural Resources - Design Guide for Community Water Systems -Separation of Water Mains, Sanitary Sewers and Combined Sewers

OCT 2012 (Rev Mar 2013) TC-5 252-212049.2

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O 0IC3

OCT 2012 (Rev Mar 2013) TC-6 252-212049.2

USDA - RURAL DEVELOPMENTMO RUS 1780, GUIDE 26(Rev 10/11)

Engineers Certification

[] This Certification is for the Engineering Agreement.

[X] This certification is for the Contract Documents.

Modifications to the EJCDC documents may be necessary and all modifications to thesedocuments are made by either BOLD fonts for add items and strikethrough font(Strikethrough) for items to be deleted.

I hereby certify that Ponzer-Youngquist, PA has only made changes to the EJCDC andthe attached USDA RUS documents by fill in the blank and deleted the items allowed in thedocuments as either/or, and by bold fonts or strikethrough fonts only.

I have a copy of the Environmental Assessment (EA) and have reviewed the mitigationmeasures required for this project. The project as designed meets the EA mitigationrequirements.

Contract Documents, Plans and Specification submittals must include a cost estimatebased on the design.

Prior to RD concurrence in final Plans and Specifications a copy of all required constructionpermits must submitted to the RD State Engineer.

FIRM: Ponzer-Younqquist, PA

BY: _ _ _ _ _ _ _ _ _ _ _ _

PRINT NAME: Chester A Bender, PE

DATE: 7//3

PONZER-YOUNGOUIST, P.A.

BUY AMERICAN CERTIFICATION

Mayor David SchauerCITY OF PLATTSBURG114 W Maple St.Plattsburg, MO 64477

Re: Water System Improvements - Phase 2 - Water Treatment Plant improvements

Dear Mayor Shauer:

I have reviewed the plans, specifications, and bidding documents for the subject project. Ihereby certifly that these documents are in compliance with the Buy American provisions,Section 1605 of the American Recovery and Reinvestment Act of 2009. 1 also certify that alliron, steel, and manufactured goods referenced in the contract documents are either producedin the United States or the subject of a waiver of the requirement as approved by the Secretaryof Agriculture.

Sincerely.

Chester A. Bender, PEProject Engineer

J-

t~ &17 1

RUS Bulletin 1780-26 Attachment E

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Rev. 10/2009 00100-1 252-212049.2

Advertisement for Bids

City of Plattsburg, Missouri Owner 114 W Maple St. Address Plattsburg, MO 64477 Separate sealed Bids for the construction of (briefly describe nature, scope, and major elements of the Work) Phase 2 – Water Treatment Plant Improvements Project includes: construction of a Primary Treatment Building with rapid mix basin and bulk bag carbon feed equipment; construction of a 52’ diameter upflow solds contact basin; construction of a secondary rapid mix building; construction of a Filter Building Addition with two gravity filters and contact basin; replacement of 2 vertical turbine pumps at the lake pump station; instllation of two Low Service and one Backwash vertical turbine pumps at the treatment plant; installation of air scour equipment in four existing and two new gravity filters; installation of new valve actuators on existing filter function valves; installation of a SCADA control system; electrical improvements; ventilation improvements; site work; sanitary sewer extension; yard piping; pre-engineered metal building construction; and other miscellaneous construction. will be received by City of Plattsburg, Missouri at the office of City of Plattsburg, 114 W Maple, Plattsburg, MO 64477 PH 816-539-2148 until 2:00 PM, (Local Time) April 18 , 2013 , and then at said office publicly opened and read aloud. The Contract Documents may be examined at the following location(s): Plattsburg City Hall, 114 W Maple St., Plattsburg, MO (PH 816-539-2148) Ponzer-Youngquist Engineers, 227 E Dennis Ave., Olathe, KS 66061 (PH 913-782-0541) Copies of the Contract Documents may be obtained at the Issuing Office, Ponzer-Youngquist Engineers PH 913-782-0541 located at 227 E Dennis Ave., Olathe, KS 66061 upon payment of $550.00 for each set.

The payment is non-refundable. An additional shipping and handling fee of $40.00 will be charged for mailing (USPS “First Class” or “Priority” mail) of bidding documents.

RUS Bulletin 1780-26 Attachment E

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Rev. 10/2009 00100-2 252-212049.2

The Contract Documents will be available for examination or purchase after March 11, 2013.

Complete digital project bidding documents are available online for a non-refundable fee of $100.00 by going to the QuestCDN website at www.questcdn.com and entering Quest Project Number _2512884_ on the website’s project search page. March 7, 2013 ______________________________________________ Date Joe Trotter, City Administrator

RUS Bulletin 1780-26 Attachment F

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Rev. 10/2009 00200-1 252-212049.2

Instructions to Bidders

TABLE OF ARTICLES Page Article 1 - Defined Terms 1 Article 2 - Copies of Bidding Documents 1 Article 3 - Qualifications of Bidders 2 Article 4 - Examination of Bidding Documents, Other Related Data, and Site 2 Article 5 - Pre-Bid Conference 5 Article 6 - Site and Other Areas 5 Article 7 - Interpretations and Addenda 5 Article 8 - Bid Security 6 Article 9 - Contract Times 6 Article 10 - Liquidated Damages 6 Article 11 - Substitute and “Or-Equal” Items 6 Article 12 - Subcontractors, Suppliers, and Others 7 Article 13 - Preparation of Bid 7 Article 14 - Basis of Bid; Comparison of Bids 8 Article 15 - Submittal of Bid 9 Article 16 - Modification and Withdrawal of Bid 9 Article 17 - Opening of Bids 10 Article 18 - Bids to Remain Subject to Acceptance 10 Article 19 - Evaluation of Bids and Award of Contract 10 Article 20 - Contract Security and Insurance 11 Article 21 - Signing of Agreement 11 Article 22 - Sales and Use Taxes 11 Article 23 – Contracts to Be Assigned 11 Article 24 – Wage Rate Requirements 12 ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the

General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Issuing Office--The office from which the Bidding Documents are to be issued and

where the bidding procedures are to be administered.

ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any,

stated in the Advertisement for Bids may be obtained from the Issuing Office. The deposit will be refunded to each document holder of record who returns a complete set of Bidding Documents in good condition within 30 days after opening of Bids.


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2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor

Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 Owner and Engineer in making copies of Bidding Documents available on the above

terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use.

ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder’s qualifications to perform the Work, within five days of

Owner’s request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below requested by Engineer.

ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions

A. The Supplementary Conditions identify:

1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents.

2. Those drawings of physical conditions in or relating to existing surface and

subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Bidding Documents.

B. Copies of reports and drawings referenced in paragraph 4.01.A will be made

available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in paragraph 4.02 of the General Conditions has been identified and established in paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

4.02 Underground Facilities

A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others.


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4.03 Hazardous Environmental Condition

A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that ENGINEER has used in preparing the Bidding Documents.

B. Copies of reports and drawings referenced in paragraph 4.03.A will be made available

by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in paragraph 4.06 of the General Conditions has been identified and established in paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective

Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4.06 of the General Conditions.

4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations,

investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to locating of excavation and utility.

4.06 Additional Owner Provided Information:

A. Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such other work.

B. Paragraph 6.13.C of the General Conditions states that if an Owner safety program

exists it will be noted in the Supplementary Conditions. 4.07 It is the responsibility of each Bidder before submitting a Bid to:


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A. Examine and carefully study the Bidding Documents, the other related data identified in the Bidding Documents, and any Addenda;

B. Visit the Site and become familiar with and satisfy Bidder as to the general, local,

and Site conditions that may affect cost, progress, and performance of the Work; C. Become familiar with and satisfy Bidder as to all Federal, State, and local Laws and

Regulations that may affect cost, progress, or performance of the Work; D. Carefully study all: (1) reports of explorations and tests of subsurface conditions at

or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and (2) reports and drawings of Hazardous Environmental Conditions at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions;

E. Obtain and carefully study (or accept consequences for not doing so) all additional

or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto;

F. Agree at the time of submitting its Bid that no further examinations, investigations,

explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents;

G. Become aware of the general nature of the work to be performed by Owner and

others at the Site that relates to the Work as indicated in the Bidding Documents; H. Correlate the information known to Bidder, information and observations obtained

from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents;

I. Promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and


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J. Determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work.

4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that

Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 5 - PRE-BID CONFERENCE 5.01 A pre-Bid conference will be held at the Plattsburg City Hall on March 28, 2013 at

1:00 pm. An inspection tour of the Water Treatment Plant will be held after the conference. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or

permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor.

ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted

to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than five days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed

advisable by Owner or Engineer.


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ARTICLE 8 - BID SECURITY 8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of

5% of Bidder’s maximum Bid price and in the form of a certified check or a Bid bond (EJCDC No. C-430, 2007 Edition) issued by a surety meeting the requirements of paragraphs 5.01 and 5.02 of the General Conditions. BID BOND MUST BE SUBMITTED ON THE FORM INCLUDED IN THE BID DOCUMENTS – (EJCDC NO. C-430). AN ELECTRONIC COPY CAN BE PROVIDED TO THE BIDDER BY THE ENGINEER IF NECESSARY. BID BOND CANNOT BE SUBMITTED ELECTRONICALLY.

8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed

the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned.

8.03 Bid security of other Bidders whom OWNER believes do not have a reasonable chance

of receiving the award will be returned within seven days after the Bid opening. ARTICLE 9 - CONTRACT TIMES 9.0 The number of days within which, or the dates by which, the Work is to be substantially

completed and ready for final payment are set forth in the Agreement. ARTICLE 10 -LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND “OR-EQUAL” ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or

described in the Bidding Documents, or “or-equal” materials and equipment as defined in paragraph 6.05 of the General Conditions, or those substitute materials and equipment approved by the Engineer and identified by Addendum. The materials and equipment described in the Bidding Documents establish a standard of required type, function and quality to be met by any proposed substitute or “or-equal” item. Request for Engineer’s clarification of materials and equipment considered “or-equal” prior to the Effective Date of the Agreement must be received by the Engineer at least 5 days prior to the date for receipt of Bids. No item of material or equipment will be considered by Engineer as a substitute unless written request for approval has been


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submitted by Bidder and has been received by Engineer at least 15 days prior to the date for receipt of Bids. Each request shall conform to the requirements of paragraph 6.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon the Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any proposed substitute item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner.

ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain Subcontractors,

Suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, without an increase in the Bid.

12.02 If apparent Successful Bidder declines to make any such substitution, Owner may

award the Contract to the next lowest responsible Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner and Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 6.06 of the General Conditions.

12.03 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or

entity against whom Contractor has reasonable objection. 12.04 The Contractor shall not award work to Subcontractor(s) in excess of the limits stated

in SC 6.06. ARTICLE 13 - PREPARATION OF BID 13.01 The Bid form is included with the Bidding Documents. Additional copies may be

obtained from Engineer. 13.02 All blanks on the Bid form shall be completed in ink and the Bid signed in ink.

Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A


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Bid price shall be indicated for each Bid Item listed therein, or the words “No Bid,” “No Change,” or “Not Applicable” entered.

13.03 A Bid by a corporation shall be executed in the corporate name by the president or a

vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be provided on the Bid Form.

13.04 A Bid by a partnership shall be executed in the partnership name and signed by a

partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be provided on the Bid Form.

13.05 A Bid by a limited liability company shall be executed in the name of the firm by a

member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown.

13.06 A Bid by an individual shall show the Bidder’s name and business address. 13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner

indicated on the Bid form. The official address of the joint venture must be provided on the Bid Form.

13.08 All names shall be printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers and

dates of which shall be filled in on the Bid form. 13.10 The postal and email addresses and telephone number for communication regarding

the Bid shall be shown. 13.11The Bid shall contain evidence of Bidder’s authority and qualification to do business in

the state or locality where the Project is located or Bidder shall covenant in writing to obtain such qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.


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Rev. 10/2009 00200-9 252-212049.2

ARTICLE 14 - BASIS OF BID; COMPARSION OF BIDS 14.01 Lump Sum

A. Bidders shall submit a Bid on lump sum basis as set forth in the Bid form. B. The total of all bid prices will be the sum of the products of the estimated

quantity of each item and the corresponding unit price. The final quantities and Contract Price will be determined in accordance with paragraph 11.03 of the General Conditions.

14.02 Allowances

A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 11.02.B of the General Conditions.

ARTICLE 15 - SUBMITTAL OF BID 15.01 With each copy of the Bidding Documents, a Bidder is furnished one separate

unbound copy of the Bid Form, and the Bid bond form. The unbound copy of the Bid Form is to be completed and submitted with all the attachments outlined in Article 7 of the Bid Form.

15.02 A Bid shall be submitted no later than the date and time prescribed and at the place

indicated in the Advertisement for Bids and shall be enclosed in an opaque sealed envelope plainly marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation “BID ENCLOSED.” When using the mail or other delivery system, the Bidder is totally responsible for the mail or other delivery system delivering the Bid at the place and prior to the time indicated in the Advertisement for Bid. A mailed Bid shall be addressed to Owner at address in Article 1.01 of Bid Form.

ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in

the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids.

16.02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice

with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid,


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Rev. 10/2009 00200-10 252-212049.2

that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid or negotiated, that Bidder will be disqualified from further bidding on the Work. This provision to withdraw a Bid without forfeiting the Bid security does not apply to Bidder’s errors in judgment in preparing the Bid.

ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement for Bids and,

unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid

Form, but Owner may, at its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder.

19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

19.03 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

19.04 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions.

19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the contract Documents.


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19.06 If the Contract is to be awarded, Owner will award the Contract to the responsible Bidder whose Bid, conforming with all the material terms and conditions of the Instructions to Bidders, is lowest, price and other factors considered. If detailed in the bid form, factors such as discounts, transportation costs, and life cycle costs may be used to determine which bidder, if any, is to offered the award.

ARTICLE 20 - CONTRACT SECURITY AND INSURANCE

20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds.

ARTICLE 21 - SIGNING OF AGREEMENT

21.01 When Owner gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within ten days thereafter, Owner shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification.

21.02 This Contract is expected to be funded in part with funds provided by the United States Department of Agriculture, Rural Utilities Service (RUS). Refer to Supplementary General Conditions for Federal requirements.

21.03 Concurrence by RUS in the award of the Contract is required before the Contract is effective.

ARTICLE 22 - SALES AND USE TAXES 22.01 OWNER is exempt from Missouri State State sales and use taxes on materials and

equipment to be incorporated in the Work; Exemption No. 12492698. Said taxes shall not be included in the Bid. Refer to paragraph 6.10 of the Supplementary Conditions for additional information.

ARTICLE 23 – CONTRACTS TO BE ASSIGNED 23.01 Owner as “buyer” [has executed] [will execute] a contract with

______________________ as “seller” for the procurement of goods and special services for _________________________. The materials and equipment provided for in the procurement contract are to be furnished and delivered to the Site [or other location] for installation by Contractor. The said procurement contract will be assigned by Owner to Contractor as set forth in the Agreement. Contractor will accept the assignment and assume responsibility for the “seller,” who will become a Subcontractor to Contractor.


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Rev. 10/2009 00200-12 252-212049.2

23.02.A Bidders may examine the contract documents for the procurement of goods and special services for____________________________________________________________at __________________________________________________________________.

ARTICLE 24 – WAGE RATE REQUIREMENTS

24.01 The prevailing wage rates of the State of Missouri apply to this contract as do any requirements of the State of Missouri associated with the use of these State Prevailing wages.

24.02 The prevailing wage rates of the Department of Labor apply to this project. The Labor Standards Provisions found at 29 CFR 5.5(a) apply to this project if the prevailing wage rates of the Department of Labor apply. If the contract cost is in excess of $100,000, provisions of the Contract Work Hours and Safety Standards Act at 29 CFR 5.5(b) also apply.

RUS Bulletin 1780-26 Attachment G

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00800-1 252-212049.2

Bid Form

Project Identification: Phase 2 – Water Treatment Plant Improvements

Plattsburg, Missouri

Contract Identification and Number: Phase 2 – Water Treatment Plant Improvements PY Project No. 252-212049.2

TABLE OF ARTICLES Page Article 1 - Bid Recipient 1 Article 2 - Bidder’s Acknowledgments 1 Article 3 - Bidder’s Representations 1 Article 4 – Bidder’s Certification 3 Article 5 - Basis of Bid 4 Article 6 - Time of Completion 5 Article 7 - Attachments to Bid 5 Article 8 - Defined Terms 6 Article 9 - Bid Submittal 6 ARTICLE 1 - BID RECIPIENT 1.01 This Bid Is Submitted To: City of Plattsburg

114 W Maple St. Plattsburg, MO 64477

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an

Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in the Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 - BIDDER’S ACKNOWLEDGMENTS 2.01 Bidder accepts all of the terms and conditions of the Advertisement and Instructions to

Bidders, including without limitations those dealing with the dispositions of Bid security. The Bid will remain subject to acceptance for 90 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.


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00800-2 252-212049.2

ARTICLE 3 - BIDDER’S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged:

Addendum No. Addendum Date ____________ _____________ ____________ _____________ ____________ _____________ ____________ _____________ ____________ _____________

B. Bidder has visited the Site and become familiar with and is satisfied as to the

general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and is satisfied as to all Federal, state, and local Laws and

Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface

conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in SC-4.02, and (2) reports and drawings of Hazard Environmental Conditions, if any, at the Site that have been identified in SC-4.06 as containing reliable “technical data.”

E. Bidder has considered the information known to Bidder; information commonly

known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs.

F. Based on the information and observations referred to in Paragraph 3.01.E above, Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents.

G. Bidder is aware of the general nature of the Work to be performed by Owner and

others at the Site that relates to the Work as indicated in the Bidding Documents.


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00800-3 252-212049.2

H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder.

I. The Bidding Documents are generally sufficient to indicate and convey

understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

J. Bidder will submit written evidence of its authority to do business in the State or

other jurisdiction where the Project is located not later than the date of its execution of the Agreement.

ARTICLE 4 - BIDDER’S CERTIFICATION 4.01 Bidder further represents that:

A. This Bid is genuine and not made in the interest of or on the behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation;

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit

a false or sham Bid; C. Bidder has not solicited or induced any individual or entity to refrain from bidding;

and D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in

competing for the Contract. For the purposes of this Paragraph 4.01.D:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.


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ARTICLE 5 - BASIS OF BID 5.01 Bidder will complete the Work in accordance with the Contract Documents for the

following price(s):

BID SCHEDULE

PHASE 2 – WATER TREATMENT PLANT IMPROVEMENTS - 2012

No.

Item

Bid Amount (Words)

Bid Amount (Figures)

1. Water Treatment Plant Improvements

________________________________

________________________________

________________________________

$_______________________________

All specified cash allowances are included in the price(s) set forth above, and have been computed in accordance with Paragraph 11.02 of the General Conditions.

ARTICLE 6 - TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete and will be completed and

ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

6.02 Bidder accepts the provisions of the Agreement as to liquidated damage. ARTICLE 7 - ATTACHEMENTS TO THIS BID 7.01 The following documents are attached to and made a condition of the Bid:

A. Required Bid security in the form of a Bid Bond (EJCDC No. C-430) or Certified Check (circle type of security provided);

B. List of Proposed Subcontractors; C. List of Proposed Suppliers; D. List of Project References; E. Evidence of authority to do business in the state or jurisdiction of the Project; or a

written covenant to obtain such license within the time frame for acceptance of Bids; F. Contractor’s License No.: ____________ or Evidence of Bidder’s ability to obtain a

State Contractor’s License and a covenant by Bidder to obtain said license within the time for acceptance of Bids;

G. Required Bidder Qualification Statement with Supporting Data; and


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00800-5 252-212049.2

H. If Bid amount exceeds $10,000, signed Compliance Statement (RD 400-6). Refer to

specific equal opportunity requirements set forth in paragraph 18.10 of the General Conditions;

I. If Bid amount exceeds $25,000, signed Certification Regarding Debarment,

Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions (AD-1048);

J. If Bid amount exceeds $100,000, signed RD Instruction 1940-Q, Exhibit A-1,

Certification for Contracts, Grants, and Loans.

ARTICLE 8 - DEFINED TERMS 8.01 The terms used in this Bid with the initial capitol letters have the meanings indicated in

the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE 9 - BID SUBMITTAL 9.01 This Bid is submitted by: If Bidder is: An Individual

Name (typed or printed): ____________________________________________________ By: _____________________________________________________________________ (Individual’s signature) Doing business as: _______________________________________________________________

A Partnership

Partnership Name: _________________________________________________________ By: _____________________________________________________________________ (Signature of general partner -- attach evidence of authority to sign) Name (typed or printed): __________________________________________________________

SEAL, if required

by State

SEAL, if required

by State


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00800-6 252-212049.2

A Corporation

Corporation Name: _______________________________________________________________ State or Jurisdiction of Incorporation: ______________________________ Type (General Business, Profession, Service, Limited Liability): By: ___________________________________________________________________ (Signature -- attach evidence of authority to sign) Name (typed or printed): ___________________________________________________________ Title: ____________________________________________ Attest ____________________________________________________________ (Signature of Corporate Secretary) Date of Qualification to do business in ____________ is ___/___/______ (State)

A Joint Venture

Name of Joint Venture: ________________________________________________________ First Joint Venture Name: ____________________________________________________ By: ____________________________________________________________________ (Signature of joint venture partner -- attach evidence of authority to sign) Name (typed or printed): _ Title: ____________________________________________ Second Joint Venture Name: ____________________________________________________ By: ____________________________________________________________________ (Signature of joint venture partner -- attach evidence of authority to sign) Name (typed or printed): Title: ____________________________________________ (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is party to the venture should be in the manner indicated above.)

CORPORATE SEAL,

if required by State

SEAL, if required

by State

SEAL, if required

by State


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00800-7 252-212049.2

Bidder’s Business address: __________________________________________________ ________________________________________________________________________ Business Phone No. (_____)______________ Business FAX No. (_____)_____________ Business E-Mail Address _______________________________________________________________________ State Contractor License No. ____________________________________. (If applicable) Employer’s Tax ID No. _______________________________________ Phone and FAX Numbers, and Address for receipt of official communications, if different from Business contact information: ________________________________________________________________________ ________________________________________________________________________

9.02 Bid submitted on ______________________________, 20___.


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00800-8 252-212049.2


EJCDC C-430 Bid Bond (Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee.

Page 1 of 2

BID BOND

Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.

BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): CITY OF PLATTSBURG 114 W Main St. Plattsburg, MO 64477 BID Bid Due Date: Description (Project Name and Include Location): BOND Bond Number: Date (Not earlier than Bid due date): Penal sum $ (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER SURETY (Seal) (Seal) Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note: Above addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary.

EJCDC C-430 Bid Bond (Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee.

Page 2 of 2

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2 All Bids are rejected by Owner, or

3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.

USDA Form Approved

Form RD 400-6 OMB No. 0575-00 18

(Rev. 4-00) COMPLIANCE STATEMENT

This statement relates to a proposed contract with

(Name ofborrower or grantee)

who expects to finance the contract with assistance from either the Rural Housing Service (RHS), RuralBusiness-Cooperative Service (RBS), or the Rural Utilities Service (RUS) or their successor agencies,United States Department of Agriculture (whether by a loan, grant, loan insurance, guarantee, or other formof financial assistance). I am the undersigned bidder or prospective contractor, I represent that:

1. l I have, E have not, participated ha previous contract or subcontract subject to Executive11246 (regarding equal employment opportunity) or a preceding similar Executive Order.

2. Iff have participated in such a contract or subcontract, fI have, O have not, filed allcompliance reports that have been required to file in connection with the contract or subcontract.

If the proposed contract is for $50,000 or more and I have 50 or more employees, I also represent that:

3. El I have, E have not previously had contracts subject to the written affirmative actionprograms requirements of the Secretary of Labor.

4. If I have participated in such a contract or subcontract, fI have, O have not developed andplaced on file at each establishment affirmative action programs as required by the rules andregulations of the Secretary of Labor.

I understand that if I have failedto file any compliance reports that have been required of me, I am noteligible and will not be eligible to have my bid considered or to enter into the proposed contract unless anduntil I make an arrangement regarding such reports that is satisfactory to either the RHS, RBS or RUS, or tothe office where the reports are required to be filed.

I also certify that I do not maintain or provide for my employees any segregated facilities at any of myestablishments, and that I do not permit my employees to perform their services at any location, under mycontrol, where segregated facilities are maintained. I certify further that I will not maintain or provide for myemployees any segregated facilities at any of my establishments, and that I will not permit my employees toperform their services at any location, under my control, where segregated facilities are maintained. I agree thata breach of this certification is aviolation of the Equal Opportunity clause inmy contract. As used in thiscertification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and wash rooms,restaurants and other eating areas time clocks, locker rooms and other storage or dressing areas, parking lots,drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided foremployees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color,or national origin, because of habit, local custom, or otherwise. I further agree that (except where I haveobtained identical certifications for proposed subcontractors for specific time periods) I will obtain identicalcertifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are notexempt from the provisions of the Equal Opportunity clause, that I will retain such certifications in my files,and that I will forward the following notice to such proposed subcontractors (except where the proposedsubcontractors have submitted identical certifications for specific time periods): (See Reverse).

According to the Papereork Reduction Act of1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection ofinformationunless it displays the valid OMB control number. The valid OM control number for this information collection is 0575-018. The time required to complete thisinformation collection is estimated to average JO minutesper response, including the time for reviewing instruction, searching exlsting data sources, gatheringand maintaining the data needed, and completing and reviewing the collection ofinformaton.

Position 6 RD 400-6 (Rev. 4-00)


NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS FORCERTIFICATIONS OF NON-SEGREGATED FACILITIES

A certification of Nonsegregated Facilities, as required by the May 9, 1967, order (32F.R. 7439, may 19, 1967) onElimination of Segregated Facilities, by the Secretary of Labor, must be submitted prior to the award of a subcontractexceeding $ 10,000 which is not exempt from the provisions of the Equal Opportunity clause. The certification may besubmitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually).

NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

Date(Signature ofBidder or Prospective Contractor)

Address (including Zip Code)


U.S. DEPARTMENT OF AGRICULTURE

Certification Regarding Debarment, Suspension, Ineligibilityand Voluntary Exclusion - Lower Tier Covered Transactions

This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7CFR Part 3017, Section 3017.510, Participants' responsibilities. The regulations were published as Part IV of theJanuary 30, 1989, Federal Register (pages 4722-4733). Copies of the regulations may be obtained by contacting theDepartment of Agriculture agency with which this transaction originated.

(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)

(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor itsprincipals is presently debarred, suspended, proposed for debarment declared ineligible, or voluntarilyexcluded from participation in this transaction by any Federal department or agency.

(2) Where the prospective lower tier participant is unable to certify to any of the statements in thiscertification, such prospective participant shall attach an explanation to this proposal.

Organization Name PR/AwardNumber or Project Name

Name(s) and Title(s) of Authorized Representative(s)

Signature(s) Date

1

Form AD-1048 (1/92)

Instructions for Certification

1. By signing and submitting this form, the prospective lower tier participant is providing the certificationset out on the reverse side in accordance with these instructions.

2. The certification in this clause is amaterial representation of fact upon which reliance was placed whenthis transaction was entered into. If it is later determined that the prospective lower tier participant knowinglyrendered an erroneous certification, in addition to other remedies available to the Federal Government, thedepartment or agency with which this transaction originated may pursue available remedies, including suspensionand/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which thisproposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneouswhen submitted or has become erroneous by reason of changed circumstances.

4. The terms "covered transaction," "debarred," "suspended," "ineligible," " lower tier covered transaction,""participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in thisclause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this form that, should the proposed coveredtransaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who isdebarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unlessauthorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this form that it will include thisclause titled " Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower TierCovered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lowertier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in alower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the coveredtransaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency bywhich it determines the eligibility of its principals. Each participant may, but is not required to, check theNonprocurement List

8. Nothing contained in the foregoing shall be construed to require establishment of a system of recordsin order to render in good faith the certification required by this clause. The knowledge and information of aparticipant is not required to exceed that which is normally possessed by a prudent person in the ordinary course ofbusiness dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a coveredtransaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to theFederal Government, the department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment.

2Form AD-1048 (1/92)

DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMBComplete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046

(See reverse for public burden disclosure.)1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:

a. contract a. bid/offer/application a initial filingb. grant b. initial award b. material changec. cooperative agreement c, post-award For Material Change Only:d. loan year _ quartere. loan guarantee date of last reportf. loan insurance

4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name5 Primec p Subawardee and Address of Prime:

Tier I___ if known,

Congressional District, if known: 4c Congressional District. if known:6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable:

8. Federal Action Number, if known: 9. Award Amountm if known:

10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if(if individual, last name, first name, Ml): different from No ria)

(last naTe, first name, Ml):

1 .Inforrmation requested through this form is authonzed by tire 31 UZ2 C section Sg aue1352 This disclosure of iobbying activities is a matonal repre entatnn of tafctnknoupon which reliance was placed by the tier above when this transaction was madeor entered into This diadoume is requyed puuant to 7. UF So g 352. This Print Nanerinformation will be available for public inspection Any person who falla to file therequired disclosure shall be subject to a civil penalty ot not less than $1A m000 and Title

10.oa Nmoe and00 Adrehsc fLobyneitanr.IdvdaleefrigSevcs(nldigadesi

(n dieuphnamee first nameMI):ere No.: Date.from:No10a

Federal Use Only Authorized for Loca Reproduction

o m tStandard Form LLL (Rev. 7-S7)

INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES

This disclosure form shall be completed by the reporting entity, whethersubawardeeor prime Federal recipient, at the initiation or receipt of a covered Federalaction, or a material changeto a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreementto makepaymentto any lobbying entity for influencing or attemptingto influence an officer or employeeof any agency, a Member of Congress, an officer or employeeofCongress, or an employeeof a Memberof Congress in connection with a covered Federalaction. Completeall items that applyfor both the initial filing and materialchange report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.

2. Identify the status of the covered Federal action.

3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enterthe year and quarter in which the change occurred. Enter the date of the last previouslysubmitted report by this reporting entity for this covered Federalaction.

4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classificationof the reporting entity that designatesif it is, or expectsto be, a prime or subaward recipient, Identythetier of the subawardee,e.g., the first subawardeeof the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

5. If the organization filing the report in item 4 checks "Subawardee,"then enter the full name, address, city, State and zip code of the prime Federalrecipient. Include Congressional District, if known.

6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizationallevel below agency name, if known. Forexample, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance(CFDA) number for grants, cooperative agreements, loans, and loan commitments.

8. Enter the most appropriate Federal identifying number availablefor the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number;Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control numberassigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the awardlioancommitment for the prime entity identified in item 4 or 5.

10. (a) Enterthe full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reportingentity identified in item 4 to influence the covered Federal action.

(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, andMiddle Iniial (MI).

11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.

According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB ControlNumber. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information isestimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the dataneeded, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection ofinformation, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington,DC 20503.

RD Instruction 1940-C Exhibit A

Page 1

LABOR STANDARDS PROVISIONS The following clauses shall be made part of the contract documents for projects subject to the Davis-Bacon and Related Acts: (Section a) Davis-Bacon Act (40 U.S.C. 276a - 276a-7).

(1) Minimum Wages

.

(i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project) will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section, also, regular contributions made or costs incurred for more than a weekly period (but less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during each weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraph (4) of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records actually set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.

(10-30-96) PN 267

RD Instruction 1940-C Exhibit A Page 2

(ii) This paragraph has been suspended indefinitely (58 FR 58955, Nov. 5, 1993).

(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program

(v) Additional Classifications

.

(A) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met:

(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the Wage and Hour Division, Employment


Page 3

Standards Administration, U.S. Department of Labor, Washington, D.C., 20210. The Administrator, or an authorized representative will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary.

(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting Officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(v)(B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

(2) Withholding

. The Agency or Contracting Officer shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor, the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the Agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

(10-30-96) PN 267


(3) Payrolls and basic records

.

(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under paragraph (1)(iv) of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

(ii) Payrolls

.

(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Agency if the Agency is a party to the contract, but if the Agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the Agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph (3)(i) of this section. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.


Page 5

(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:

(1) That the payroll for the payroll period contains the information required to be maintained under paragraph (3)(i) of this section and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed in the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph (3)(ii)(B) of this section.

(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.

(iii) The contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Agency or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Agency may, after written notice to the contractor, sponsor, applicant, or owner, take

(10-30-96) PN 267


such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

(4) Apprentices and Trainees

.

(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification,


Page 7

fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(ii) Trainees

. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(iii) Equal employment opportunity

. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.

(10-30-96) PN 267


(5) Compliance with Copeland Act requirements

. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.

(6) Subcontracts

. The contractor or subcontractor shall insert in any subcontracts the clauses contained in paragraphs (1) through (10) of this section and such other clauses as the Agency may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section.

(7) Contract termination: debarment

. A breach of the contract clauses in this section may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

(8) Compliance with Davis-Bacon and Related Act requirements

. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.

(9) Disputes concerning labor standards

. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the Contracting Officer, the U.S. Department of Labor, or the employees or their representatives.

(10) Certification of Eligibility

.

(i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code 18 U.S.C. 1001.


Page 9

(Section b) Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333).

(1) Overtime requirements

. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

(2) Violation; liability for unpaid wages; liquidating damages

. In the event of any violation of the clause set forth in paragraph (1) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.

(3) Withholding of unpaid wages and liquidating damages

. The Agency or Contracting Officer shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.

(4) Subcontracts

. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.

o0o (10-30-96) PN 267


STATE OF MISSOURI ) ) ss: COUNTY OF )

AFFIDAVIT (as required by Section 285.530, Revised Statues of Missouri)

As used in this Affidavit, the following terms shall have the following meanings: EMPLOYEE: Any person performing work or service of any kind for hire within the State of Missouri. FEDERAL WORK AUTHORIZATION PROGRAM: Any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, under the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603. KNOWINGLY: A person acts knowingly or with knowledge, (a) with respect to the person’s conduct or to attendant circumstances when the person is aware of the nature of the person’s conduct or that those circumstances exist; or (b) with respect to a result of the person’s conduct when the person is aware that the person’s conduct is practically certain to cause that result. UNAUTHORIZED ALIEN: An alien who does not have the legal right or authorization under federal law to work in the United States, as defined in 8 U.S.C. 1324a(h)(3). BEFORE ME, the undersigned authority, personally appeared ____________________________________________________________, who, being duly sworn, states on his oath or affirmation as follows:

1. My name is __________________________________________ and I am currently the President of _________________________________________________________(hereinafter “Contractor”), whose business address is _____________________________________________ “and I am authorized to make this Affidavit. 2. I am of sound mind and capable of making this Affidavit and am personally acquainted with the facts stated herein.

3. Contractor is enrolled in and participates in a federal work authorization program with respect to the employees working in connection with the following services contracted between Contractor and __________________________________________________________

4. Contractor does not knowingly employ any person who is an unauthorized alien in connection with the contracted services set forth above. 5. Attached hereto is documentation affirming Contractor’s enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. Further, Affiant sayeth not. __________________________________________________ Affiant Subscribed and sworn to before me this __________day of ________________, 201__.

Commission

RD Instruction 1940-QExhibit A-1

CERTIFICATION FOR CONTRACTS, CRANTS AND LOANS

The undersigned certifies, to the best of his or her knowledge and belief,that,

1. No Federal appropriated funds have been paid or will be paid, by oron behalf of the undersigned, to any person for influencing or attempting toinfluence an officer or employee of any agency, a Member of Congress, anofficer or employee of Congress, or an employee of a Member of Congress inconnection with the awarding of any Federal contract, the making of anyFederal grant or Federal loan, and the extension, continuation, renewal,amendment, or modification of any Federal contract, grant or loan.

2. If any funds other than Federal appropriated funds have been paid orwill be paid to any person for influencing or attempting to influence anofficer or employee of any agency, a Member of Congress, an officer oremployee of Congress, or an employee of a Number of Congress in connectionwith this Federal contract, grant or loan, the undersigned shall complete andsubmit Standard Form - LLL, "Disclosuxe of Lobbying Activities," in accordancewith its instructions.

3. The undersigned shall require that the language of this certificationbe included in the award documents for all subawards at all tiers (includingcontracts, subcontracts, and subgrants under grants and loans} and that allsubrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon whichreliance was ulaced when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering intothis transaction imposed by section 1352, title 31, U.S. Code. Any person whofails to file the required certification shall be subject to a civil penaltyof not less than $10,000 and not more than $100,000 for each such failure.

{namel (date)

{title)

000

{08-21-911 PN 171
