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R-2021-033 Awarding City Complex Video and Access Control Project to Kenton Brothers Locksmiths
RESOLUTION NO. R-2021- 033 A RESOLUTION AWARDING THE CITY COMPLEX VIDEO AND ACCESS CONTROL PROJECT TO KENTON BROTHERS LOCKSMITHS, INCORPORATED, AND APPROVING AN AGREEMENT SUCH PROJECT BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: THAT the proposal of Kenton Brothers Locksmiths, Incorporated for the City Complex Video and Access Control Project is hereby accepted and approved: and FURTHER THAT an agreement by and between the City of Riverside and Kenton Brothers Locksmiths, Incorporated in the amount of $703,637.00, in substantially the same form as attached hereto and incorporated herein by reference, is hereby authorized and approved, and the Mayor is authorized to sign such agreement on behalf of the City, and FURTHER THAT the Mayor, the City Administrator, and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Resolution and to execute and deliver for and on behalf of the City all certificates, instruments, agreements, and other documents, as may be necessary or convenient to perform all matters herein authorized. PASSED AND ADOPTED by the Board of Aldermen the 5th day of April 2021. a een L. Rose, Mayor ATTEST: Robin Kincaid, City Clerk AGREEMENT BETWEEN CITY OF RIVERSIDE, MISSOURI AND Contractor: Kenton Brothers Locksmiths, Incorporated FOR COMPLETION OF . CITY COMPLEX VIDEO AND ACCESS CONTROL PROJECT ORDINANCE / RESOLUTION NO.: 0.2"/ - D CONTRACT PRICE: $703,637.00 1 AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR CITY COMPLEX VIDEO AND ACCESS CONTROL PROJECT -tA j THIS AGREEMENT, made and entered into as of the S aL day of f , 20 by and between the City of Riverside, Missouri ("City"), and Kenton Brothers Locksmiths, Incorporated ("Contractor"), shall govern all Work to be provided by Contractor for City on the Project. WHEREAS, City desires to enter into an agreement with Contractor to obtain labor, services, materials, supplies, tools, equipment, supervision, management, and other items as set forth in this Agreement; and WHEREAS, Contractor represents that Contractor is equipped, competent, and able to provide all the Work, in accordance with this Agreement; NOW THEREFORE, in consideration of the mutual covenants and consideration herein contained, IT IS HEREBY AGREED by City and Contractor as follows: ARTICLE I DEFINITIONS As used in this Agreement and the other Contract Documents, the following words and phrases shall have the respective meanings set forth below. Any capitalized terms used but not defined in this Agreement shall have the meanings given to such terms in the other Contract Documents. A. "Administrator"means the City Administrator. B. "Application for Payment" has the meaning set forth in Article VI, Paragraph A of this Agreement. C. "City"has the meaning set forth in the preamble of this Agreement. D. "Change Order" means a change to the Project, which has been approved in accordance with the terms of this Agreement, specifically including, without limitation, the requirements set forth in Article VII of this Agreement. E. "Contract Amount"has the meaning set forth in Article 111,Paragraph A of this Agreement. F. "Contract Documents" has the meaning set forth in Article V, Paragraph A of this Agreement. G. "Contractor"has the meaning set forth in the preamble of this Agreement. H. "Notice to Proceed"has the meaning set forth in Article IV,Paragraph A of this Agreement. 1. "Project"means the City Complex Video and Access Control Project for which Contractor is to provide Work under this Agreement. The Project may also include construction by City or others. 2 J. "Resident Project Representative"means the following employee of the City of Riverside who shall manage the Project on behalf of the City: Jason Ketter. K. "Subcontractor"means a person, firm or corporation supplying labor and materials or only labor for the Work for, and under separate contract or agreement with, the Contractor. L. "Substantial Completion" means the stage in the progress of the Work where the Work or designated portion is sufficiently complete in accordance with the Contract Documents so that the City can occupy or utilize the Work for its intended use. M. "Work"or"Work on the Project"means work to be performed at the location of the Project, including the transportation of materials and supplies to or from the location of the Project by employees of the Contractor and any Subcontractor. Work shall include all labor, services, materials, supplies, tools, equipment, supervision, management, and anything else necessary to accomplish the results and objectives described in Exhibit E(Scope of Work)to this Agreement and the other Contract Documents, in full compliance with all requirements set forth in the Contract Documents, subject to additions, deletions,and other changes as provided for in this Agreement.The Work may refer to the whole Project, or only a part of the Project if work on the Project also is being performed by City or others. ARTICLE II THE PROJECT AND THE WORK A. Contractor shall provide and pay for all Work for the Project. B. Contractor represents that it has evaluated and satisfied itself as to all conditions and limitations under which the Work is to be performed, including, without limitation, (1) the location, condition, layout, and nature of the Project site and surrounding areas, (2) generally prevailing climatic conditions, (3) labor supply and costs, and (4) availability and cost of materials, tools, and equipment. City shall not be required to make any adjustment in either the Contract Amount or the time for performance of the Work because of Contractor's failure to do so. C. The Resident Project Representative shall act as the City's representative during the construction period, shall decide questions which may arise as the quality and acceptability of materials furnished and Work performed, and shall interpret the intent of the Contract Documents in a fair and unbiased manner. The Resident Project Representative may recommend, but cannot approve Change Orders resulting in an increase in time of performance or payments due to Contractor. The Resident Project Representative will make visits to the site and determine if the Work is proceeding in accordance with the Contract Documents. The Contractor will be held strictly to the intent of the Contract Documents in regard to the quality of materials, workmanship, and execution of the Work. Inspections may be at the factory or fabrication plant of the source of the material supply. The Resident Project Representative will not be responsible for the construction means, controls, techniques, sequences, procedures or construction safety. D. Contractor may be furnished additional instructions and detail drawings by the Resident Project Representative, as necessary to carry out the Work required by the Contract Documents. The 3 additional drawings and instructions thus supplied will become a part of the contract drawings, and the Contractor shall carry out the Work in accordance with the additional detail drawings and instructions. ARTICLE III CONTRACT AMOUNT A. Provided Contractor performs all Work in accordance with the Contract Documents and complies fully with each and every obligation of Contractor under the Contract Documents, City shall pay Contractor the sum not to exceed: Seven Hundred and three thousand, six hundred and thirty seven Dollars($703,637.00). This amount shall include all costs,permit fees,profit,overhead,expenses,taxes, and compensation of every kind related to the Work, and shall be referred to as the"Contract Amount." The Contract Amount is determined by the following: Base Project 1. Access Control System (ACS): $275,354.00. 2. Video Management Software System (VMS/CCTV):$348,715.00 3. Integrated Intercom Solutions(IIS): Included in ACS. 4. Evidence Locker Solution: $18,854.00. 5. City Operations Tower/Antenna Systems: $20,000.00. Additional Work: ' 6. Video Wall in dispatch: $32,636.00 7. Additional security access controls for evidence room: a. 1 idemia Bio-reader for access controls to evidence room for heightened security and chain of custody management: $1,778.00. 8. Controlled access locker system to processing&evidence area: a. One 26 door locker system for chain of custody management: $18,854.00. 9. Exit readers" a. Exit readers on exterior egress doors for in building headcount management and employee safety: $6,300.00. Contact Amount: $703,637.00. B. The not-to-exceed Contract Amount is subject to final determination of Work performed at unit prices set forth in the RFP completed by Contractor. The quantities of unit price Work set forth in Contractor's RFP are estimates only, are not guaranteed, and are solely for the purpose of comparing bids and determining an initial Contract Amount. Unless otherwise stated elsewhere in the Contract Documents, (1) determination of the actual quantities and classifications of unit price Work performed will be made by City and(2) final payment for all unit price items set forth in Contractor's RFP will be based on actual quantities as determined by City subject to the not-to-exceed amount. The Contractor is responsible for verifying the unit quantities before excavation and/or installation at the Project site. Contractor shall identify and notify the City of any variance in unit quantities in excess of ten percent 4 (10%)of the amount set forth in Contractor's RFP IN ADVANCE of performing the Work. Any increase in quantities of materials or Work performed as a result of over-excavation by Contractor will not be compensated. C. Payment of the Contract Amount shall be full compensation for all labor, services, materials,supplies,tools,equipment,supervision,management,and anything else necessary to complete the respective items in place, in full compliance with all requirements set forth in the Contract Documents. All costs, permit fees, profit, overhead, expenses, taxes, and compensation of every kind related to the Work are included in the Contract Amount. No labor, services, materials, supplies, tools, equipment, supervision, management, or anything else required by the Contract Documents for the proper and successful completion of the Work shall be paid for outside of or in addition to the Contract Amount. The Work set forth in the Contract Amount shall be itemized in Contractor's RFP. All Work not specifically set forth in Contractor's RFP as a separate pay item is a subsidiary obligation of Contractor, and all costs, permit fees, profit, overhead, expenses,taxes and compensation of every kind in connection therewith are included in the Contract Amount set forth in Contractor's RFP. D. THIS AGREEMENT IS SUBJECT TO THE CITY ORDINANCES, AND PAYMENT SHALL BE LIMITED TO THE AMOUNT OF PARTICULAR APPROPRIATION FOR THE WORK BY THE BOARD OF ALDERMEN. THE TOTAL PAYMENT UNDER THIS AGREEMENT SHALL NOT EXCEED THE APPROPRIATION CONTAINED IN THE APPLICABLE RESOLUTIONS OR ORDINANCES ADOPTED BY THE BOARD OF ALDERMEN AUTHORIZING THE WORK AND CONTRACTOR SHALL NOT SEEK,NOR BE ENTITLED TO, PAYMENT EXCEEDING THIS AMOUNT UNLESS CITY DIRECTS CONTRACTOR TO PERFORM ADDITIONAL WORK IN ACCORDANCE WITH THIS AGREEMENT, AND CITY ENACTS ANOTHER RESOLUTION OR ORDINANCE AUTHORIZING THE AMOUNT CITY AGREES TO PAY UNDER THIS AGREEMENT. ARTICLE IV PROGRESS OF WORK/SUBMITTALS A. COMMENCEMENT OF WORK.The date of beginning and the time for completion of the Work are essential conditions of the Contract Documents. Contractor shall commence performance of the Work on the date indicated in a written notice ("Notice to Proceed") that shall be given by City to Contractor. B. TIME FOR COMPLETION. Contractor shall achieve Substantial Completion, as defined in Article I hereof,no later 180 Calendar Days from Notice to Proceed.The Contractor will proceed with the Work at such rate of progress to ensure Substantial Completion within the contract time. It is expressly understood and agreed, by and between the Contractor and the City, that the contract time to achieve Substantial Completion of the Work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the Work.No extensions will be granted,except in case of unusual(unseasonable)weather conditions or additional work requested by the City under Change Order. Following Substantial Completion, Contractor shall proceed to complete all uncompleted Work items as promptly as permitted by weather conditions or any other conditions affecting completion of the Work. 5 C. TIME OF THE ESSENCE. Time is of the essence in the performance of the Work and any other Contractor obligations under the Contract Documents. Contractor shall upon commencement of construction work daily to complete the Work except for Saturdays, Sundays, holidays, and days of inclement weather. This Paragraph does not preclude Contractor from working Saturdays, Sundays, holidays, or days of inclement weather, provided Contractor shall give the City at least 48 hours notice if intending to work on Saturday, Sunday, holidays or days of impending inclement weather, and provided further that such work schedule must be approved by the City. D. CONSTRUCTION SCHEDULE. Promptly after the execution of this Agreement, and in any event before commencing performance of the Work, Contractor shall submit to City for approval a construction schedule that specifies the dates on which Contractor plans to begin and complete various parts of the Work, including dates on which information and approvals are required from City. Upon City's written approval of the schedule, Contractor shall comply with it unless directed by City to do otherwise. Contractor shall update the schedule on a monthly basis or at more frequent appropriate intervals if required by the conditions of the Work and the Project. With each Application for Payment under Article VI of this Agreement, Contractor shall submit an updated, current schedule. Neither the original schedule nor any update shall exceed time limits for the entire Project under the Contract Documents. E. PHOTOGRAPHS OF PROJECT. The Contractor shall furnish photographs of the Project site in the number,type,and stage as enumerated below. Pictures shall be taken from the same elevation so the building letters. I 1. Pre-Construction photos- minimum of 0 digital shots 2.Construction photos of significant changes -minimum of 0 digital shots 3. Post Construction photos -minimum of 0 digital shots F. DELAY IN PERFORMANCE. In the event the City determines that performance of the Work is not progressing as required by the Contract Documents or that the Work is being unnecessarily delayed or will not be finished within the prescribed time,the City may, in the City's sole discretion and in addition to any other right or remedy City may have, require Contractor, at Contractor's sole cost, to accelerate Contractor's progress. Such acceleration shall continue until the progress of the Work complies with the Contract Documents and clearly indicates that all Work will be completed within the prescribed time. G. SUSPENSION OF WORK. The City may suspend the Work or any portion thereof for a period of not more than ninety(90)days or such further time as agreed upon by the Contractor,by written notice to the Contractor which shall fix the date on which Work shall be resumed. The Contractor will resume the Work on the date so fixed. The Contractor will be allowed an increase in the contract price or an extension of the contract time, or both, directly attributable to any suspension H. DRAWINGS AND SPECIFICATIONS. The intent of the drawings and specifications is that the Contractor shall furnish all labor, materials, tools, equipment and transportation necessary for the proper execution of the Work in accordance with the Contract Documents and all incidental Work necessary to complete the Project in an acceptable manner, ready for use,occupancy or operation by the City. In case of conflict between the drawings and specification, the specifications shall govern. Figure dimensions on drawings shall govern over general drawings. Any discrepancies found between the drawings and specifications and site conditions or any inconsistencies or ambiguities in the drawings or 6 specifications shall be immediately reported to the Resident Project Representative in writing, who shall promptly correct such inconsistencies or ambiguities in writing. Work done by the Contractor after discovery of such discrepancies, inconsistencies or ambiguities shall be done at the Contractor's risk. I. SHOP DRAWINGS. Contractor shall submit to Resident Project Representative for review all shop drawings, samples, product data, and similar submittals required by the Contract Documents. Contractor shall be responsible to City for the accuracy and conformity of its submittals to the Contract Documents. Shop drawings shall bear the Contractor's certification that it has reviewed, checked and approved the shop drawings and that they are in conformance with the requirements of the Contract Documents. Contractor shall prepare and deliver its submittals to City in a manner consistent with the construction schedule and in such time and sequence so as not to delay performance of the Work. Portions of the Work requiring a shop drawing or sample submission shall not begin until the shop drawing or submission has been reviewed by the Resident Project Representative. Review of any Contractor submittal shall not be deemed to authorize deviations, substitutions, or changes in the requirements of the Contract Documents unless express written approval is obtained from City specifically authorizing such deviation, substitution,or change. When submitted for the Resident Project Representative's review, any shop drawing which substantially deviates from the requirement of the Contract Documents shall be evidenced by a Change Order. If the Contract Documents do not contain submittal requirements pertaining to the Work, Contractor agrees upon request to submit in a timely fashion to City for review by Resident Project Representative any shop drawings, samples,product data, manufacturers' literature, or similar submittals as may reasonably be required by City. Contractor shall perform all Work strictly to accordance with approved submittals. Resident Project Representative's review does not relieve Contractor from responsibility for defective Work resulting from errors or omissions of any kind on the reviewed submittals. A copy of each shop drawing and each sample shall be kept in good order by the Contractor at the site and shall be available to the Resident Project Representative. J. MATERIALS, SERVICES AND FACILITIES. It is understood that except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature, and all other services and facilities of any nature whatsoever necessary to execute,complete, and deliver the Work within the specified time. Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the Work. Stored materials and equipment to be incorporated in the Work shall be located so as to facilitate prompt inspection. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer. Material, supplies and equipment shall be in accordance with samples submitted by the Contractor and approved by the Resident Project Representative. Materials, supplies or equipment to be incorporated into the Work shall not be purchased by the Contractor or by any Subcontractor subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. K. INSPECTION AND TESTING OF MATERIALS. All materials and equipment used in the construction of the Project shall be subject to adequate inspection and testing in accordance with generally accepted standards, as required and defined in the Contract Documents. The Contractor shall provide at the Contractor's expense the testing and inspection services required by the Contract Documents. The City shall provide all inspection and testing services not required by the Contract Documents. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any Work to specifically be inspected, tested or approved by someone other than the Contractor, the Contractor will give the Resident Project Representative timely notice of readiness. The Contractor will then furnish the Resident Project Representative the required certificates of inspection, testing approval. Inspections, tests or approvals by the Resident Project Representative or others shall not relieve the Contractor from the obligation to perform the Work in accordance with the requirements of the Contract Documents. The Resident Project Representative and the City's representatives will at all times have access to the Work. In addition, authorized representatives and agents of any participating Federal or State agency shall be permitted to inspect all Work,materials,payrolls,records or personnel,invoices of materials and other relevant data and records. The Contractor will provide proper facilities for such access and observation of the Work and also for any inspection or testing thereof. If any Work is covered prior to inspection by the Resident Project Representative it must, if requested by the Resident Project Representative, be uncovered for the Resident Project Representative's observation and replaced at the Contractor's expense. If the Resident Project Representative considers it necessary or advisable that covered Work be inspected or tested by others, the Contractor, at the Resident Project Representative's request,will uncover,expose or otherwise make available for observation, inspection or testing as the Resident Project Representative may require, that portion of the Work in question, furnishing all necessary labor, materials,tools and equipment. L. CORRECTION OF WORK. The Contractor shall promptly remove from the Project site all Work rejected by the Resident Prdject Representative for failure to comply with the Contract'Documents, whether incorporated in the construction or not,and the Contractor shall promptly replace and re-execute the Work in accordance with the Contract Documents and without expense to the City and shall bear the expense of making good all work of other contractors destroyed or damaged by such removal or replacement. All removal and replacement Work shall be done at the Contractor's expense. If the Contractor does not take action to remove such rejected Work within ten(10)days after receipt of written notice,the City may remove such Work and store the materials at the expense of the Contractor. M. SUBSTITUTIONS. Whenever a material, article, or piece of equipment is identified on the drawings and specifications by referenced to brand name or catalog numbers, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacitates, quality and function shall be considered. The Contractor may recommend the substitution of material, article or piece of equipment of equal substance and function for those referred to in the Contract Documents by referenced to brand name or catalog number, if, in the opinion of the City, such material, article or piece of equipment is of equal substance function to that specified, the City may approve, in writing, its substitution and use by the Contractor. Any cost differential shall be deductible from the contract price and in such event the Contract Documents shall be modified by Change Order.The Contractor warrants that if substitutes are approved,no major changes in the function or general design of the Project will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the Contractor without a change in the contract price or contract time. N. SURVEYS, PERMITS AND REGULATIONS. The Contractor shall carefully preserve bench marks, reference points and stakes and, in case of willful or careless destruction, shall be charged with the resulting expense and shall be responsible for any mistake that may be caused by their unnecessary loss or disturbance. 8 Permits and licenses of temporary nature necessary for the prosecution of the Work shall be secured and paid for by the Contractor unless otherwise stated in the supplemental general conditions. Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the City, unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the Work as drawn and specified. If the Contractor observes that the Contract Documents are at variance therewith, the Contractor shall promptly notify the City in writing, and any necessary changes shall be adjusted as provided in Article VII changes in the Work. O. SUBSURFACE CONDITIONS. The Contractor, before bidding the Project, has the responsibility to become familiar with the Project site and the conditions under which Work will have to be performed during the construction period. The Contractor shall promptly, and before such conditions are disturbed (excepting an emergency), notify the City by written notice of subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents. Contractor shall also be required to notify City of any unknown physical conditions at the site of unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents at the location of the Project. The City shall investigate the conditions, and if it is found that such conditions do so materially differ and cause an increase or decrease in the cost of, or in the time required for, performance of the Work,the Contract Documents may be modified by Change Order as provided in Article VII. Any claim of the Contractor for adjustment hereinafter shall not be allowed unless the required written notice has been given; provided that the City may, if the City determines the facts so justify consider and adjust any such Claims asserted before the date of the final payment. P. SUPERVISION BY CONTRACTOR. The Contractor will supervise and direct the Work. The Contractor will be solely responsible for the means,methods,techniques, sequences and procedures of construction. The Contractor will employ and maintain on the Work a qualified supervisor or superintendent who shall have been designated in writing by the Contractor or the Contractor's representative at the site. The supervisor shall have full authority to act on behalf of the Contractor and all communications given to the supervisor shall be a binding as if given to the Contractor. The supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the Work. ARTICLE V CONTRACT DOCUMENTS A. The following documents, and any other documents that are attached to, incorporated by reference into, or otherwise included in them, and all Change Orders, are hereby incorporated into this Agreement, and form the entire agreement between City and Contractor, and are referred to as the Contract Documents: 1. Request for Proposals for City Complex Video and Access Control Project, dated December 4, 2020 2. Addendum dated December 23, 2020 3. Addendum dated January 27,2021 4. Question and Answer- Packet 1 (on file with Resident Project Representative) 9 5. Question and Answer-Packet 2 (on file with Resident Project Representative) 6. Contractor's Proposal for the City of Riverside, Missouri — Bid for City Complex Video& Access Control RFP—dated 02/01/2021, 12pm 7. This Agreement including all of its attachments and exhibits(A-N) 8. Payment Bond B. Contractor represents that it has examined and become familiar with the Contract Documents in their entirety, that any and all ambiguities, inconsistencies, and conflicts observed by Contractor have been called to City's attention in writing and have been resolved in writing to Contractor's satisfaction. Except for actual conflict between provisions in the Contract Documents, making it impossible for Contractor to comply with all provisions of the Contract Documents, the Contract Documents shall be cumulative,and Contractor shall comply with all provisions of all Contract Documents. In case of actual conflict, Contractor shall notify City of the conflict in writing and then shall comply with such provisions of the Contract Documents as City directs. ARTICLE VI PAYMENTS A. Prior to submitting its first application for payment in accordance with the terms hereof in substantially the form attached hereto as Exhibit H (an "Application for Payment"), Contractor shall provide City with a schedule of values dividing the Work, and the Contract Amount, into workable categories in a form acceptable to City.Each Application for Payment shall be based upon the percentage of actual completion of each category, multiplied by the dollar value of such category. B. On or about the first day of Contractor's monthly accounting period, Contractor shall submit an Application for Payment to the Resident Project Representative. In addition to the amount of payment requested in the Application for Payment, each Application for Payment shall list the original Contract Amount,the amount Contractor has invoiced City to date,the amount Contractor has received to date,total additions to and deletions from the Contract Amount pursuant to approved Change Orders, and an itemization of any further additions to or deletions from the Contract Amount that Contractor claims. Contractor shall identify each Subcontractor and supplier whom Contractor intends to pay from the requested payment and shall state the amount Contractor intends to pay each such Subcontractor and supplier.An Application for Payment shall not include a request for payment for any portion of the Work that was performed or furnished by a Subcontractor or supplier if Contractor does not intend to pay such Subcontractor or supplier from such payment, nor shall the Application for Payment include a request for payment for any Work performed deemed unsatisfactory by City. Contractor shall include with each Application all supporting documentation as City may require. The City shall, within fifteen (15) days, review and approve such Application for Payment, or return the Application for Payment to the Contractor indicating in writing the reasons for refusing to approve payment. In the latter case, the Contractor may make the necessary corrections and resubmit the Application. Within fifteen (15) days of its receipt of payment from City, Contractor shall pay all Subcontractors and suppliers to whom payment is owed from the amount paid to Contractor. C. All payments under this Agreement shall be made only upon the approval of Resident Project Representative and Administrator. Resident Project Representative shall review each 10 Application for Payment and certify for payment such amounts as Resident Project Representative determines are due Contractor. From the total amount certified, City shall withhold five percent(5%)as retainage until final completion and acceptance of the Work. The five percent (5%) retainage may be reduced by Change Order if final completion and acceptance of the Work is delayed due to unforeseen circumstances and the Work is usable for its intended purpose by the City. If reduction in the retainage is approved, the remaining retainage shall be an amount equal to or greater than 200%of the estimated amount necessary to complete the Work. D. The City Treasurer,upon presentation of an Application for Payment, shall prepare a check for the sum certified to be due (exclusive of retainage), payable out of the funds in the City Treasury available for Contractor under the authorizing Resolution or Ordinance approved by the Board of Aldermen. Payment shall be made to Contractor after the Board of Aldermen review and approve the payment and authorize the Mayor and City Treasurer to sign and deliver the check. E. Neither Administrator or Resident Project Representative's approval certificate nor payment made to Contractor shall constitute acceptance of any part of the Work.Contractor shall remain obligated to perform all Work in accordance with the Contract Documents. F. With each Application for Payment, Contractor shall submit a signed certificate of receipt of prior payments and release of claims and rights in connection with prior payments, in a form approved by City. City may, at its option, also require a similar receipt and release of claims and rights from each Subcontractor or supplier performing any Work,'prior to making any payment to Contractor. The ' Subcontractors' and suppliers'receipts and releases shall be in a form approved by City and shall indicate that(except for retainage) all debts for Work performed or materials supplied included on any previous Application for Payment to City from Contractor have been satisfied and that the Subcontractor or supplier waives and releases any and all claims or rights in connection therewith. G. Contractor shall not be entitled to final payment for the Work until Contractor submits a final Application for Payment, all requirements of the Contract Documents are complied with, and Resident Project Representative issues his or her certificate to that effect. City, within thirty (30) days after the issuance of Resident Project Representative certificate, shall pay Contractor all remaining funds which Contractor is due under this Agreement. H. Acceptance of final payment by Contractor shall release City from all further obligations to Contractor, except as to such amounts, if any, Contractor has identified in its final Application for Payment as claimed by Contractor. All claims not identified in the final Application for Payment are waived. Any payment, however final or otherwise, shall not release the Contractor or its sureties from any obligations under the Contract Documents or the Payment Bond. I. City may withhold final or any other payment to Contractor on any reasonable basis, including but not limited to the following: 1. Unsatisfactory job progress, 2. Defective Work, 3. Failure to make payments to Subcontractors or suppliers, 11 4. Reasonable evidence that all Work cannot be completed for the unpaid balance of the Contract Amount, 5. Damage by Contractor or Subcontractors or suppliers to property of City or others, 6. Contractor's breach of this Agreement, or 7. Contractor's failure to provide requested documentation. J. The Contractor shall,at the request of City,furnish satisfactory evidence that all obligations to Subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, tools and all supplies incurred in the furtherance of the performance of the Work have been paid, discharged or waived. If Contractor does not pay Subcontractors or suppliers for labor and/or material properly provided, City may, but shall not be required to, pay Subcontractors and suppliers directly. Any payments made to Subcontractors and suppliers shall be charged against the Contract Amount. City shall not be liable to Contractor for any such payments made in good faith. This provision shall not confer any right upon any Subcontractor or supplier to seek payment directly from City. K. Notwithstanding any other provision for payment contained herein, in the event the Missouri Department of Labor and Industrial Relations has determined that a violation of Section 292.675 RSMo has occurred and that a penalty shall be assessed, the City shall withhold and retain all sums and amounts due and owning when making payments to Contractor under this Agreement. ARTICLE VII CHANGES/CLAIMS A. City,without invalidating this Agreement,may at any time and without notice to any surety, order additions to, deletions from, or other changes to the Work. Upon receipt of such an order, in writing, Contractor shall proceed as and when directed in the order. Contractor shall not proceed with any addition,deletion,or other change without a written order.No oral direction or order shall constitute authority for Contractor to proceed with any addition,deletion,or other change. If Contractor undertakes any addition,deletion,or other change without a written order from City,Contractor shall not be entitled to any increase in the Contract Amount or the time for performance of the Work, and Contractor shall be solely and completely responsible for the acceptability to City of the addition, deletion, or other change. B. If a change to the Work causes a net increase or decrease in the cost of Contractor's performance,the Contract Amount shall be increased or decreased as follows: 1. If the Work is covered by unit prices set forth in Contractor's Bid for Unit Price Contracts, by application of such unit prices to the quantities of the items involved; or 2. If the Work involved is not covered by unit prices set forth in Contractor's Bid for Unit Price Contracts, by a lump sum as to which Contractor and City mutually agree prior to the commencement of performance of the change. 12 C. If a change to the Work causes an increase or decrease in the time required for Contractor's performance, an equitable adjustment to the time for performance shall be made. D. A change in the Contract Amount or the time for performance of the Work shall be accomplished only by written Change Order, which shall state the increase or decrease, if any, in the Contract Amount or the time for performance.No course of conduct or dealings between the parties, nor express or implied acceptance of alterations or additions to the Work, and no claim that City has been unjustly enriched by any alteration or addition to the Work, whether or not there is, in fact, any such enrichment, shall be the basis of any claim to an increase in any amounts due under the Contract Documents or a change in the time for performance of the Work. E. Agreement on any Change Order shall constitute a final settlement of all matters relating to the change in the Work that is the subject of the Change Order, including but not limited to all direct and indirect costs associated with such change and any and all adjustments to the Contract Amount and time for performance of the Work. F. If Contractor is delayed or interfered with at any time in the commencement or prosecution of the Work by an act or neglect of City,an employee,officer,or agent of City,or an architect or engineer or separate contractor engaged by or on behalf of City, or by changes ordered in the Work, an act of God, fire, or other cause over which Contractor has no control and that Contractor could not reasonably anticipate, the time for performance of the Work shall be equitably extended, provided that Contractor gives notice as provided for in Paragraph G below. ' G. Any claim by Contractor for additional time or money for the performance of the Work, including but not limited to any claim based on or arising out of an addition to, deletion from, or other change to the Work and/or delay to or interference with commencement or prosecution of any of the Work, shall be submitted to City's designated representative within five (5) working days of the beginning of the event for which the claim is made or on which it is based. If any claim is not submitted within the five-day period, it shall be deemed waived. H. No change or claim, nor any delay or dispute concerning the determination of any increase or decrease in the amount of time and money for the performance of the Work, shall excuse Contractor from proceeding with prosecution of the Work, including any Work as changed. ARTICLE VIII INSURANCE A. Contractor shall, at all times during the performance of any of the Work, maintain not less than the following insurance coverages and amounts: 1. COMMERCIAL GENERAL LIABILITY - Contractor shall provide coverage for Contractor, City, its employees, officers, and agents, against claims for damage to property and/or illness of, injury to, or death of any person or persons related to or arising out of the Work. Such coverage shall name the City, together with its employees and officers, as an additional insured and have not less than the following limits: 13 a. Each occurrence $2,000,000.00 b. General aggregate $3,000,000.00 c. The following coverage shall be included: • Blanket contractual liability • Products/completed operations • Personal/advertising injury • Broad form property damage • Independent contractors • Explosion, Collapse, and Underground Damage 2. AUTOMOBILE LIABILITY - Contractor shall provide coverage for Contractor, City, its employees, officers, and agents, against claims for bodily injury and/or property damage arising out of the ownership or use of any owned,hired,and/or non- owned vehicle and shall include protection for any auto, or all owned autos, hired autos, and non-owned autos.The coverage shall have not less than a combined single limit of$1,000,000.00 for each accident. 3. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY-This insurance shall protect Contractor against all claims under applicable state workers' compensation laws. Contractor also shall be protected through employer's liability coverage against claims for injury, disease, or death of employees which, for any reason,may not fall within the provisions of a workers' compensation law. The limits shall not be less than the following: a. Workers' Compensation Statutory b. Employer's Liability: • Bodily injury by accident $1,000,000.00 • Bodily injury by disease $500,000.00 each employee B. All insurance shall be written by an insurer or insurers acceptable to City and with a minimum financial rating not lower than "A-" in Best's Insurance Guide, latest edition. All insurance shall be written on an occurrence basis, and all aggregate limits shall apply in total to the Work only. Each policy providing general liability coverage or automobile liability coverage (including any umbrella or excess policy that provides any required general or automobile liability coverage) shall provide contractual liability coverage for all indemnity obligations of Contractor under the Contract Documents. Each policy providing general liability or automobile liability coverage (including any umbrella or excess policy that provides any required general or automobile liability coverage) shall, in form satisfactory to City, (1) name as additional insureds City, its employees, officers, and agents, and (2) provide that it is primary to any other insurance maintained by any additional insured, which other insurance shall be excess or contingent. The insurance provided to the additional insureds shall apply, without limitation, to injury or damage caused by Work included in the products/completed operations hazard. 14 C. Contractor shall maintain the products and completed operations coverage for not less than one (1)year after the date of final acceptance by City of all of Contractor's Work. D. Contractor shall obtain property insurance upon the entire Work for the full cost of replacement at the time of loss. This insurance shall list as named insureds City, Contractor, Subcontractors,and suppliers.This insurance shall be written as a Builder's Risk/Installation Floater"all risk" or equivalent form to cover all risks of physical loss except those specifically excluded by the policy and shall insure at least against the perils of fire, lightning, explosion, wind storm, hail, smoke, aircraft and vehicles, riot and civil commotion, theft, vandalism, malicious mischief, debris removal, flood, earthquake, earth movement, water damage, wind, testing, and collapse. This insurance shall, without limitation, insure portions of the Work stored on or off the Project site or in transit, when at the risk of City, Contractor, or a Subcontractor or supplier. Contractor shall be solely responsible for any deductible amounts. This insurance shall remain in effect until final payment has been made to Contractor or until no person or entity other than City has an insurable interest in the property to be covered by this insurance, whichever is sooner. City and Contractor waive all rights against each other and their respective employees, agents, contractors, Subcontractors, and suppliers for damages caused by risks covered by the property insurance provided for in this Paragraph,except such rights as they may have to the proceeds of the insurance. E. All policies and certificates of insurance shall provide no less than thirty (30) days' prior written notice to City in the event of cancellation, expiration, non-renewal, alteration, or reduction (including but not limited to reduction by paid claims) of coverage or limit% contained in the policy or evidenced by the certificate of insurance. Contractor shall furnish City a certificate or certificates and copies of policies, all satisfactory to City, evidencing that Contractor has all the required insurance and is in compliance with this Article. The certificate or certificates and copies of policies shall be delivered to City's designated representative not less than seven (7) days before Contractor first performs any of the Work. All policies except Workers' Compensation and Employer's Liability shall contain a waiver of subrogation in favor of City, its employees, officers, and agents. F. Contractor also shall maintain any additional insurance coverages and any higher limits provided for elsewhere in the Contract Documents and shall furnish City any additional insurance documentation provided for elsewhere in the Contract Documents. G. If any part of the Work is subcontracted,each Subcontractor,or Contractor on behalf of the Subcontractor, shall maintain liability and worker's compensation insurance coverages and amounts satisfying all the requirements of this Article. Certificates and copies of policies, satisfactory to City, evidencing the required insurance and compliance with this Article shall be delivered to City's designated representative not less than seven(7)days before the Subcontractor first performs any of the Work. H. If Contractor is a transient employer as defined in Section 285.230 RSMo,Contractor must post in a prominent and easily accessible place at the Work site a clearly legible copy of the following: (1)the notice of registration for employer withholding issued to such transient employer by the Director of Revenue; (2) proof of coverage for workers' compensation insurance or self-insurance signed by the transient employer and verified by the Department of Revenue through the records of the Division of Workers' Compensation; and (3) the notice of registration for unemployment insurance issued to such transient employer by the Division of Employment Security. Any transient employer failing to comply 15 with these requirements shall, under Section 285.234 RSMo be liable for a penalty of$500 per day until the notice required by this Paragraph are posted as required by law. ARTICLE IX INDEMNITY A. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless City, its employees, officers, and agents, from and against claims, damages, losses, and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Work,provided that such claim,damage,loss,or expenses is attributable to bodily injury,sickness, disease, or death or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused or allegedly caused by the negligent or willful acts or omissions of Contractor, a Subcontractor or supplier, or anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. This obligation is not intended to, and shall not, negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person as set forth in this Agreement. B. In claims against any person or entity indemnified herein by an employee of Contractor, a Subcontractor or supplier,or anyone directly or indirectly employed by them or for whose acts they may be liable, the indemnification obligation shall not be limited by a limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or a Subcontractor or supplier under workers' compensation acts, disability benefit acts, or other employee benefit acts. ARTICLE X PATENT LIABILITY Contractor agrees to defend, indemnify, and hold harmless City, its officers, employees and agents from and against any claim, action or suit that may be brought against them for Contractor's infringement of any Letters Patent in the performance of this Agreement or any breach or violation of trademark or proprietary or trade secret rights of others, as well as against any judgments, decrees, damages, costs and expenses sought, adjudicated, or recovered against any of them, on account of any such actual or alleged infringement. ARTICLE XI COVENANT AGAINST LOBBYING AND UNDUE INFLUENCE A. Contractor represents and warrants that it has not employed or retained any company or person,other than a bona fide employee working for Contractor,to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to void this Agreement without liability and, in its discretion, to deduct from the Contract Amount, or otherwise recover,the full amount of such fee, commission, percentage,brokerage fee, gift, or contingent fee. 16 B. Contractor represents and warrants that no payments have been or shall be made, directly or indirectly,by or on behalf of Contractor to or for the benefit of any officer,employee,or agent of City who may reasonably be expected to influence the decision to requisition issue or take any action with respect to this Agreement. Contractor shall allow a mutually agreeable nationally recognized certified public accounting firm to examine, at City's expense, such of Contractor's books and records as may be necessary, in the accountant's reasonable opinion, to verify Contractor's compliance with this Article. C. No official of the City who is authorized in such capacity and on behalf of the City to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspection, construction, or material supply contract or any subcontract in connection with the construction of the Project, shall become directly or indirectly interested personally in this Agreement or in any part hereof.No officer, employee, architect, attorney, engineer,or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any legislative, executive, supervisory,or other similar functions in connection with the construction of the Project,shall become directly or indirectly interested personally in this Agreement or in any part thereof,any material supply contract, subcontract, insurance contract, or any other contract pertaining to the Project. ARTICLE XII RECORDS REGARDING PAYMENT For a period of at least two(2)years after final payment to Contractor,Contractor shall maintain, in accordance with generally accepted accounting principles, such records as are necessary to substantiate that all Applications for Payment hereunder were valid and properly chargeable to City.For lump sum contract Work, the records shall demonstrate that the City was billed at appropriate times for proper percentages of completion and for payments to Subcontractors and suppliers. For any Work, including extra Work, not charged on a lump sum basis, the records to be maintained hereunder include but are not limited to all contracts, subcontracts,material bills,correspondence,accounting records,time sheets, payroll records, canceled checks, orders, and invoices pertaining to City's account. City or its representative shall, upon reasonable prior notice to Contractor, be given the opportunity to audit these records at any time during normal business hours to verify the accuracy of Contractor's invoices and charges. ARTICLE XIII NOTICES A. The following persons are designated by the respective parties to act on behalf of such party and to receive all written notices: If to the City: If to the Contractor: Name: Brian Koral Name: Garrett Scarlett Title: City Administrator Title: Senior Security Consultant Street Address: 2950 NW Vivion Rd Street Address: 3401 E. Truman Road City, State Zip: Riverside, Mo 64150 City, State Zip: Kansas City, Mo 64127 Email: bkoral@riversidemo.com Email: gamtts@kentonbrothers.com 17 B. Any notice required by the Contract Documents to be given in writing or that either City or Contractor wishes to give to the other in writing shall be signed by or on behalf of the party giving notice. The notice shall be deemed to have been completed when sent by certified or registered mail to the other party at the address set forth herein,or delivered in person to said party or their authorized representative. C. Contractor's designated representative shall be available to meet with City at any time during the performance of the Work and shall have full authority to act on Contractor's behalf on any matter related to this Agreement and/or the Work. ARTICLE XIV DEFAULT AND TERMINATION A. If Contractor fails to comply, becomes unable to comply,or with reasonable probability(as determined solely by City)will become unable to comply with any of Contractor's obligations under the Contract Documents, including but not limited to (1) failure at any time to furnish sufficient labor or supervision,sufficient materials or services(including but not limited to insurance and bonds)complying with the Contract Documents, or sufficient or properly operating tools, equipment, or other items necessary for the performance of the Work, (2) failure in any respect to prosecute the Work with promptness and diligence, (3) causing any stoppage of, delay in, or interference with any work of City or any others on the Project, (4) abandonment by Contractor of all or any part of the Work, or (5) bankruptcy, insolvency or general assignment for the benefit of creditors by Contractor,Contractor shall be in default, and if the default is not corrected to City's satisfaction within seventy-two (72) hours of delivery of a written notice to Contractor to correct such default, City may, in addition to any other right or remedy City may have,terminate the services of the Contractor and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and finish the Work by whatever method the City may deem expedient to correct the default, at Contractor's expense. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. If such costs exceed the unpaid balance due to Contractor, the Contractor will pay the difference to the City. B. If City exercises its right to take over and complete any part or all of the Work,City and its designees shall have access to and may take possession of Contractor's materials, tools, equipment, and other items at the Project site,en route to the site,or in storage or being manufactured or fabricated away from the site, as may be necessary to prosecute the Work taken over by City, and may employ Contractor's employees or former employees, all without any liability to Contractor. C. Contractor shall be liable for and shall pay to City all costs and expenses of whatsoever nature incurred by City as a result of any default by Contractor, including but not limited to the cost of labor, supervision,materials,tools,equipment, services,overhead,travel, and legal and accounting fees. Contractor also shall be liable for and shall pay to City all charges, liabilities, fines, penalties, losses, damages,and claims sustained by or assessed against City as a result of any delay or disruption resulting from any default by Contractor. The total amount of such costs, expenses, charges, liabilities, fines, penalties, losses, damages, and claims may be deducted by City from the amount, if any, otherwise due Contractor, and Contractor shall pay City the full amount of any excess of such total over the amount otherwise due Contractor. 18 D. No right or remedy conferred upon or reserved to City by the Contract Documents is exclusive of any other right or remedy provided or permitted in the Contract Documents or by law or equity, but each right or remedy is cumulative of every other right or remedy,and every right or remedy may be enforced concurrently or from time to time. No exercise by City of any right or remedy shall relieve Contractor from full and absolute responsibility for all of Contractor's obligations under the Contract Documents. E. No failure or delay of City to give notice to correct any default of Contractor or to exercise any of City's rights or remedies shall waive or excuse the default, and City shall remain free to pursue all rights and remedies. No failure of City to insist, in any one or more instances, upon the performance of any of Contractor's obligations under the Contract Documents shall be deemed or construed as a waiver or relinquishment of City's right to insist upon strict performance of the obligation in any future instance. F. If through no act or fault of the Contractor,the Work is suspended for a period of more than ninety (90) days by the City or under an order of court or other public authority, or the City fails to act on any request for payment within thirty (30) days after it is submitted, or the City fails to pay the Contractor substantially the sum approved by the Resident Project Representative and Administrator, then the Contractor may after ten (10) days from delivery of written notice to the City terminate the Agreement and recover from the City payment for all Work executed. G. The City, without terminating the service of the Contractor or written notice to the Surety, through the Administrator may withhold, without prejudice to the rights of the City under the terms of the Agreement, or on account of subsequently discovered evidence, nullify the whole or part of any approved partial payment estimate to such extent as may be necessary to protect the City from loss on account of(1)defective Work not remedied, (2)claims filed or reasonable evidence indicating probably filing of claims, (3) failure of Contractor to make payments property to Subcontractors or for material or labor,(4)a reasonable doubt that the Work can be completed for the balance then unpaid,(5)damages to another contractor, or(6)performance of Work in violation of the terms of the Contract Documents. ARTICLE XV TERMINATION FOR CONVENIENCE Notwithstanding anything contained herein to the contrary,City may,at any time,for any reason, and without Contractor's being in default, terminate Contractor's performance of any part or all of the Work for City's own convenience by giving written notice to Contractor. Upon receipt of notice of termination for City's convenience, Contractor shall, to the extent directed by City, stop Work and turn over to City or City's designee materials and equipment purchased for the Work. City shall pay Contractor, in accordance with the Contract Documents, for only so much of the Work as is actually performed as of the termination for convenience.City shall not be obligated to Contractor for any further payment, including but not limited to prospective overhead or profit on unperformed Work. If a termination by City of Contractor's right to proceed on the ground of default by Contractor is determined later to have been improper,the termination automatically shall be converted to a termination for City's convenience, and City's obligation to Contractor shall be limited to payment to Contractor as provided in this Article. ARTICLE XVI 19 COMPLIANCE WITH LAWS A. Contractor shall comply strictly with all federal, state, and local laws, ordinances, rules, regulations, orders, and the like applicable to the Work, including, but not limited to any applicable prevailing wage and prompt payment laws and all U.S. Army Corps of Engineers guidelines, rules, regulations, and criteria for Work within or adjacent to a flood control project area. Contractor shall secure all permits from public and private sources necessary for the fulfillment of Contractor's obligations under the Contract Documents. B. With each Application for Payment submitted by Contractor to City, Contractor shall include (a) a signed statement, in form acceptable to City, showing, for each weekly payroll period that ended during the period covered by the Application for Payment, the name, address, social security number,occupation,and craft of each worker employed by Contractor in connection with the Work and, for each such worker, the number of hours worked each day, the total hours worked during the payroll period, the gross amount earned, an itemization of all deductions, and the net wages paid and (b) a corresponding statement from each Subcontractor of any tier that employed any workers in connection with the Work during the period covered by the Application for Payment. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri. ARTICLE XVII LABOR STANDARDS PROVISIONS A. MISSOURI PREVAILING WAGE LAW. Not less than the prevailing hourly rate of wages established by the Missouri Department of Labor and Industrial Relations Division of Labor Standards,as set out in the wage order set forth in Exhibit C attached to and made a part of, shall be paid to all workers performing work under the Agreement. An Affidavit of Compliance with the Prevailing Wage Law as set forth in Exhibit K shall be completed by Contractor and every Subcontractor employed on the Project prior to final payment. The Contractor will forfeit a penalty to the City of$100 per day (or portion of a day) for each worker that is paid less than the prevailing rate for any work done under the contract by the Contractor or by any Subcontractor B. EXCESSIVE UNEMPLOYMENT. During periods of excessive unemployment (any month immediately following two consecutive calendar months during which the level of unemployment in the state has exceeded five percent(5%)as measured by the United States Bureau of Labor Statistics) only Missouri labors(persons who have resided in Missouri for at least thirty days and intend to become or remain Missouri residents) and laborers from non-restrictive states (persons who are residents of a state which has not enacted state laws restricting Missouri laborers from working on public works projects in that state, as determined by the Labor and Industrial Relations Commission), may be employed under the contract, except that other laborers may be used when Missouri laborers or laborers from nonrestrictive states are not available, or are incapable of performing the particular type of work involved, if so certified by the Contractor and approved by the City. C. UNDERPAYMENT OF WAGES. In case of underpayment of wages by the Contractor or by any Subcontractors to laborers or mechanics employed by the Contractor or Subcontractor upon the Work covered by this Agreement, the City, in addition to such other rights as may be afforded it under 20 this Agreement shall withhold from the Contractor, out of any payments due the Contractor, so much thereof as the City may consider necessary to pay such laborers or mechanics the full amount of wages required by this Agreement. The amount so withheld may be disbursed by the City, for and on account of the Contractor or the Subcontractor(as may be appropriate), to the respective laborers or mechanics to whom the same is due or on their behalf to plans, funds, or programs for any type of fringe benefit prescribed in the applicable wage detennination. D. LIMITATIONS ON EMPLOYMENT. No person under the age of sixteen (16)years and no person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the Work covered by this Agreement. ARTICLE XVIII EQUAL EMPLOYMENT OPPORTUNITY The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants and employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, employment, upgrading, demotion,or transfer;recruitment,or recruitment advertising; layoff or termination;rates of pay or other forms of compensation; and selection for training, including apprenticeship. ARTICLE XIX SUBCONTRACTS,ASSIGNMENT,OR TRANSFER A. Except with the prior written consent of City, Contractor shall not assign this Agreement or any money due or to become due Contractor or issue a subcontract or purchase order to any person or entity for any or all of the Work. City's consent to any assignment, subcontract, or purchase order shall not relieve Contractor from any obligation under the Contract Documents, nor shall it create any obligation from City to any assignee, Subcontractor, or vendor. B. Each subcontract or purchase order issued by Contractor for any of the Work shall be in writing and shall provide that City is an intended third-party beneficiary of the subcontract or purchase order. C. The Contractor shall be fully responsible to the City for the acts and omissions of its Subcontractors,and of person either directly or indirectly employed by them, as the Contractor is for the acts and omissions of person directly employed by it. D. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to bind Subcontractors to the Contractor by the terms of the Contract Documents insofar as applicable to the Work of Subcontractors and give the Contractor the same power as regards terminating any Subcontract that the City may exercise over the Contractor under any provision of the Contract Documents. Nothing contained in this Agreement shall create any contractual relation between any Subcontractor and the City. 21 E. Each subcontract or purchase order issued by Contractor for any of the Work shall provide that it is freely assignable by Contractor to City. Contractor hereby assigns to City all its interest in any present or future subcontract or purchase order issued by Contractor for any or all of the Work. This assignment shall be effective upon acceptance by City in writing and only as to the specific subcontract(s) and/or purchase order(s) that City designates in the writing. This assignment may be accepted by City at any time, whether before or after final payment to Contractor, and may not be withdrawn by Contractor without City's written consent. ARTICLE XX SEPARATE CONTRACTS A. The City reserves the right enter into other contracts in connection with the Project. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their Work, and shall properly connect and coordinate the work with theirs. If the proper execution or results of any part of the Contractor's Work depends upon the work of any other contractor, the Contractor shall inspect and promptly report to the Administrator any defects in such work that render it unsuitable for such proper execution and results. B. The City may perform additional work related to the Project or the City may enter into other contracts containing provisions similar to these.The Contractor will afford the other contractors who are parties to such contracts (or the City, if the City is performing the additional work) reasonable opportunity for the introduction and storage of materials and equipment and the execution of work, and shall properly connect and coordinate the Work with theirs. C. If the performance of additional work by other contractors or the City is not noted in the Contract Documents prior to the execution of the contract, written notice thereof shall be given to the Contractor prior to starting any such addition work. If the Contractor believes that the performance of such additional work by the City or others involves it in additional expense or entitles it to any extension of the contract time the Contractor may make a claim thereof as provided in Article VII. ARTICLE XXI ACCESS TO SITE/CLEANING UP A. Contractor shall ensure that the Work, at all times, is performed in a manner that affords reasonable access, both vehicular and pedestrian, around the site of the Work and all adjacent areas. B. Representatives of City may inspect or review any Work performed by Contractor, and consult with Contractor, at any time. City's inspections or reviews shall not constitute acceptance or approval of Work unless specifically stated in writing. Contractor shall meet with City at the request of City. C. Contractor shall at all times, during performance of the Work, keep the Project site clean and free from debris resulting from the Work. Prior to discontinuing Work in an area, Contractor shall clean the area and remove all rubbish and its construction equipment, tools, machinery, waste, and surplus materials. Contractor shall make provisions to minimize and confine dust and debris resulting from construction activities. If Contractor fails to comply with cleanup duties within twenty-four (24) hours 22 after written notification from City of non-compliance, City may implement cleanup measures without further notice and deduct the cost from any amounts due or to become due Contractor. ARTICLE XXII COMPETENCE Contractor represents and warrants that it maintains all necessary licenses, registration, competence, and experience to perform all the Work. ARTICLE XXIII WARRANTY A. Contractor shall exercise high professional skill, care, and diligence in the performance of the Work, and shall carry out its responsibilities in accordance with customarily accepted good professional practices. The Contractor shall guarantee all materials and equipment furnished and Work performed for a period of one (1) year from the date of completion and acceptance of the Work. The Contractor warrants and guarantees for one (1) year from the date of completion and acceptance of the Work that the completed Work is free from all defects due to faulty materials or workmanship. The date of completion for all scopes of work shall be the last date of acceptance of all Work in this Agreement. Contractor shall promptly make such corrections as may be necessary be reason of such defects including the repair of any other damages that were caused by defects in the Work, at its own expense. The City will give notice of observed defects with reasonable promptness. In the event that the Contractor fails to make such repairs,adjustments or other Work that may be necessary by such defects,the City may do so and charge the Contractor the cost thereby incurred. In emergency where, in the judgment of the City, delay would cause serious loss or damage, repairs and replacement of defects in the Work and damage caused by defects may be made without notice being sent to the Contractor,and the Contractor shall pay the cost thereof. Neither final payment nor any other provision in the Contract Documents shall affect Contractor's obligation to complete the Work free of defects in workmanship and material. B. Contractor shall remain solely responsible for the performance of the Work as required by the Contract Documents, notwithstanding any suggestions or observations made by another person or entity with respect to the Work. C. This Article does not establish a period of limitation with respect to any obligation of Contractor under the Contract Documents, and does not limit the time allowed by law for any action for breach of such obligation. ARTICLE XXIV STORAGE OF MATERIALS AND EQUIPMENT The Contractor shall provide at its own expense and without liability to the City any additional land and access thereto that the Contractor may desire for temporary construction facilities,or for storage of materials. Only materials and equipment that are to be used directly in the Work shall be brought to and stored at the Project site by Contractor. After equipment is no longer required for the Work, it shall be promptly removed from the Project site. Protection of construction materials and equipment stored at the Project site from weather, theft, and all other casualty or damage is solely the responsibility of Contractor. 23 ARTICLE XXV TAXES A Missouri Sales Tax Project Exemption Certificate (Missouri Department of Revenue Form 5060) will be provided by the City for the purchase of any materials or personal property incorporated into or consumed in the Project, pursuant to RSMo 144.062. The Contractor will pay all other sales, consumer, use and other similar taxes required by the State of Missouri or other taxing jurisdiction. ARTICLE XXVI SAFETY A. Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with performance of the Work and shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to(1)employees and other persons at the Project site or who may be affected by the Work, (2)materials and equipment stored at on-site or off-site locations for use in performance of the Work, and (3) other property at the Project site or in its vicinity, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall give notices required by and comply strictly with applicable laws, ordinances, rules, regulations, orders, and the like bearing on safety of persons or property or their protection from damage, injury, or loss. The Contractor will erect and maintain, as required by the conditions and progress of the Work,all necessary safeguards for safety and protections. The Contractor will notify owners of adjacent utilities when prosecution of the Work may affect them. The Contractor will remedy all damage, injury or loss to any property caused directly or indirectly, in whole or part, by the Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or anyone whose acts any of them may be liable. C. The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of its prosecution of the Work. The safety provisions of applicable laws and building and construction codes shall be observed and the Contractor shall take or cause to be taken, such additional safety and health measures as the City may determine to be reasonably necessary. D. Pursuant to Section 292.675 RSMo,Contractor shall provide a ten (10)hour Occupational Safety and Health Administration (OSHA) construction safety program for all employees who will be on-site at the Project. The construction safety program shall include a course in construction safety and health that is approved by OSHA or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program as required by Section 292.675 RSMo. Contractor shall require its on-site employees to complete a construction safety program within sixty(60)days after the date Work on the Project commences. Contractor acknowledges and agrees that any of Contractor's employees found on the Project site without documentation of the successful completion of a construction safety program shall be required to produce such documentation within twenty (20) days, or will be subject to removal from the Project. Contractor shall require all of its Subcontractors to comply with the requirements of this Paragraph and Section 292.675 RSMo. 24 E. Contractor shall forfeit to the City as a penalty two thousand five hundred dollars ($2,500.00), plus one hundred dollars ($100.00) for each on-site employee employed by Contractor or its Subcontractor, for each calendar day, or portion thereof, such on-site employee is employed without the construction safety training required herein. The penalty described in this Paragraph shall not begin to accrue until the time periods herein have elapsed. Violations of this requirement and imposition of the penalty described in this Paragraph shall be investigated and determined by the Missouri Department of Labor and Industrial Relations. F. If City deems any part of the Work or the Project site unsafe, City, without assuming responsibility for Contractor's safety program, may require Contractor to stop performance of the Work or take corrective measures satisfactory to City, or both. If Contractor does not adopt corrective measures, City may perform them or have them performed and deduct their cost from the Contract Amount. Contractor shall make no claim for damages, for an increase in the Contract Amount, or for a change in the time for performance of the Work based on Contractor's compliance with City's reasonable request. ARTICLE XXVII AUTHORIZED EMPLOYEES & CERTIFICATION Contractor acknowledges that Section 285.530 RSMo prohibits any business entity or employer from knowingly employing, hiring for employment, or continuing to employ an unauthorized alien to perform work within the State of Missouri. Contractor therefore covenants that it is not knowingly in violation of subsection 1 of Section 285.530 RSMo, and that it will not knowingly employ, hire for employment,or continue to employ any unauthorized aliens to perform Work on the Project, and that its employees are lawfully eligible to work in the United States. Contractor agrees to comply with Missouri law regarding the Anti- Discrimination Against Israel Act and to execute its certification in the form contained in Exhibit A. ARTICLE XXVIII INDEPENDENT CONTRACTOR Contractor is an independent contractor, and neither Contractor or any Subcontractors, suppliers, employees, or agents shall be deemed an employee or agent of City for any purpose. ARTICLE XXIX CONFLICT Contractor shall promptly upon discovery notify City of any conflict, ambiguity or inconsistency in the Contract Documents, or between any Contract Document and actual field conditions, and City shall resolve such conflict, ambiguity or inconsistency in its sole discretion. ARTICLE XXX PAYMENT BOND The Contractor shall within ten (10) days after the receipt of the Notice of Award furnish the City with a Payment Bond in form set forth in Exhibit B in an amount at least equal to one hundred 25 percent (100%) of the contract price, conditioned upon the performance by the Contractor all undertakings, covenants, terms, conditions and agreements of the Contract Documents, and upon the prompt payment by the Contractor to all persons supplying labor and materials in the prosecution of the Work provided by the Contract Documents. Such bonds shall be executed by the Contractor and a corporate bonding company licensed to transact such business in the state in which the Work is to be performed and named on the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Treasury Department Circular Number 570 and shall have a rating of at least"A-"from Best's. The expense of these bonds shall be borne by the Contractor. If at any time a surety on any such bond is declared a bankrupt or loses its right to do business the state in which the Work is to be performed or is removed from the list of Surety Companies accepted on Federal Bonds, Contractor shall within ten (10)days after notice from the City to do so, substitute an acceptable bond (or bonds) in such form and sum and signed by such other surety or sureties as may be satisfactory to the City. The premiums on such bond shall be paid by the Contractor. No further payment shall be deemed due nor shall payment be made to Contractor until the new surety or sureties shall have furnished an acceptable bond to the City. ARTICLE XXXI SEVERABILITY Should any specific provision of this Agreement or other Contract Documents be found to be unenforceable, the remaining provisions shall remain in full force and effect. ARTICLE XXXII NO PRESUMPTION AGAINST THE DRAFTER No presumption or inference against the City shall be made because of the City's preparation of this Agreement or other Contract Documents. ARTICLE XXXIII DISPUTES/ATTORNEY FEES A. If a dispute arises out of or relates to this Agreement or other Contract Documents, or the breach thereof, and if the dispute cannot be resolved through negotiation, City and Contractor shall first try in good faith to resolve the dispute by mediation before resorting to litigation. Unless City and Contractor agree otherwise,the mediation shall be administered by the American Arbitration Association under its Construction Industry Mediation Rules. B. In the event of litigation between Contractor and City concerning the Project or this Agreement or other Contract Documents,the prevailing party shall be entitled to recover from the other party its reasonable attorney fees, costs, and expenses arising from such litigation. ARTICLE XXXIV TITLES The titles given to the Articles in this Agreement are for ease of reference only and shall not be relied upon or cited for any other purpose. Specifically, but without limitation,the titles shall not define or limit any of the provisions of any of the Articles. 26 ARTICLE XXXV PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included herein,and if through mistake or otherwise any such provision is not inserted,or is not correctly inserted,then upon the application of either party this Agreement shall forthwith by physically amended to make such insertion or correction. All such laws, orders and regulations are applicable to this Project and are made a part hereof by reference. ARTICLE XXXVI ENTIRE AGREEMENT This Agreement and the other Contract Documents constitute the entire agreement between the parties with respect to their subject matter. Any prior agreements, understandings, or other matters, whether oral or written, are of no further force or effect. Subject to Article VII of this Agreement, this Agreement and any other Contract Document may be amended, changed, or supplemented only by written agreement executed by both of the parties. THIS AGREEMENT shall be binding on the parties only after it has been duly executed by City and Contractor. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 27 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives. APPROVED AS TO FORM: ATTORNEY: By: Attorney, �� �' A , Cc,t-4 p2 COUNTERSIGNED BY: CITY PURCHASING AGENT. BWor CITY OF RIVERSIDE: By: ' Kathleen L. Rose, Mayor ATTEST: Robin Kincaid, City Clerk CONTRACTOR: Kenton Brothers Locksmiths, Incorporated By: (Signature) Printed Name: D'�-<o S�n. c W p' d, Title: CDO ATTEST: SECRETARY, (Name Printed) 28 EXHIBITS A. ANTI-DISCRIMINATION AGAINST ISRAEL ACT CERTIFICATION B. PAYMENT BOND C. PREVAILING WAGE RATES D. TIME FOR COMPLETION E. SCOPE OF WORK F. RESERVED G. NOTICE TO PROCEED H. APPLICATION FOR PAYMENT I. CHANGE ORDER J. CERTIFICATE OF SUBSTANTIAL COMPLETION K. RESERVED L. CONTRACTOR AFFIDAVIT OF FINAL PAYMENT M. SUBCONTRACTOR AFFIDAVIT FOR FINAL PAYMENT N. RESIDENT PROJECT REPRESENTATIVE'S CERTIFICATION 29 EXHIBIT A ANTI-DISCRIMINATION AGAINST ISRAEL ACT CERTIFICATION Pursuant to RSMo. §34.600, a public entity shall not enter into a contract to acquire or dispose of services, supplies, information technology, or construction valued at $100,000, or with a contractor having ten or more employees, unless the contract includes a written certification that the person or company is not currently engaged in, and shall not, for the duration of the contract, engage in a boycott of: Goods or services from the State of Israel; Companies doing business in, or with, Israel Companies authorized by, licensed by, or organized under,the laws of the State of Israel; or Persons or entities doing business in the State of Israel. For a definition of the term "boycott", please refer to RSMo. §34.600.3. By signing below, the entity agrees and certifies that it does not currently, and will not for the duration of this contract, engage in any of the types of boycotts listed above. Kenton Brothers Locksmiths, Incorporated: By: Name: asp- Title: &_-5D 30 =- � Document A312 TM - 2010 Payment Bond Bond Number: 2489203 CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place Kenton Brothers Locksmith, Inc. of business) ADDITIONS AND DELETIONS: West Bend Mutual Insurance Company The author of this document has 3401 E Truman Rd PO Box 620976 added information needed for its Kansas City, MO 64127-2228 Middleton,WI 53562 completion.The author may also OWNER: have revised the text of the original AIA standard form.An Additions and (.Name, legal status and address) Deletions Report that notes added City of Riverside, Missouri information as well as revisions to the 2950 NW Vivion Rd standard form text is available from Riverside, MO 64150-1502 the author and should be reviewed.A CONSTRUCTION CONTRACT vertical line in the left margin of this Date:04/19/2021 document indicates where the author Amount:$703,637.00 has added necessary information Description: and where the author has added to or (Name and location) deleted from the original AIA text. Complete Access Control and Surveillance Project This document has important legal consequences.Consultation with an BOND attorney is encouraged with respect Date:04/21/2021 to its completion or modification. (Vot earlier than Construction Contract Date) Any singular reference to Contractor, Surety,Owner or other party shall be Amount: $703,637.00 considered plural where applicable. Modifications to this Bond ® None See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company:'_ orporate Seal) Company: (Corp to al) Kento rothers meth, Inc. West Bend Mutua I an Co any Signature: Signature: Name and Name and Title: Gina Stuelke Title: KEVIN J O'B IEN ,Attorney-In-Fact (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: THE REILLY COMPANY (4rchitect, Engineer or other party:) 608 DELAWARE ST LEAVENWORTH, KS 66048 (913)682-1234 Init. AIA Document A3112--2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This AIA",Document is protected by U.S. Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA'' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:24:00 / ET on 02/17/2021 under Order No.7809530746 which expires on 02/20/2022, and is not for resale. User Notes: (1179994475) §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference,subject to the following terms. §2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harm less the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13) of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit. §5 The Surety's obligations to a Claimant under this Bond shall arise after the following: §5.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim;and .2 have sent a Claim to the Surety(at the address described in Section 13). §5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement.If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. AIA Document A312T —2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This AIA6 Document is protected by U.S. Init. Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA6 Document,or any portion of it,may result in severe 2 civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:24:00 ET on 02/17/2021 under Order No.7809530746 which expires on 02/20/2022, and is not for resale. User Notes: (1179994475) §10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. §11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. §14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. §16 Definitions §16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the performance of the Construction Contract; A a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. §16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract.The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil,gasoline, telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. §16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. AIA Document A312TM—2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This AIAe Document is protected by U.S. Init. Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA"Document,or any portion of it,may result in severe 3 civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:24:00 ET on 02/17/2021 under Order No.7809530746 which expires on 0220/2022, and is not for resale. User Notes: (1179994475) §16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. §18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: NA Signature: NA Name and Title: Name and Title: Address: Address: AIA Document A312--2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This AIA`Document is protected by U.S. Init. Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA"Document,or any portion of it,may result in severe 4 civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:24:00 t ET on 02/17/2021 under Order No.7809530746 which expires on 02/20/2022, and is not for resale. User Notes: (1179994475) WEST BEND THE SILVER LINING" A MUTUAL INSURANCE COMPANY'" Bond No. 2489203 POWER OF ATTORNEY Know all men by these Presents,That West Bend Mutual Insurance Company, a corporation having its principal office in the City of West Bend,Wisconsin does make,constitute and appoint: KEVIN J O'BRIEN lawful Attorney(s)-in-fact, to make,execute, seal and deliver for and on its behalf as surety and as its act and deed any and all bonds, undertakings and contracts of suretyship,provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of: Ten Million Dollars($10,000,000) This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and held on the 21St day of December, 1999. Appointment of Attorney-In-Fact. The president or any vice president or any other officer of West Bend Mutual Insurance Company may appoint by written certificate Attorneys-In-Fact to act on behalf of the company in the execution of and attesting of bonds and undertakings and other written obligatory instruments of like nature. The signature of any officer authorized hereby and the corporate seal may be affixed by facsimile to any such power of attorney or to any certificate relating therefore and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the company,and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the company in the future with respect to any bond or undertaking or other writing obligatory in nature to which it is attached. Any such appointment may be revoked,for cause,or without cause,by any said officer at any time. In witness whereof,the West Bend Mutual Insurance Company has caused these presents to be signed by its president undersigned and its corporate seal to be hereto duly attested by its secretary this 22nd day of Se,tember, 2017. Attest Christopher C.Z*bygart Kevin A.Steiner Secretary '" SEAL Executive Officer/President State of Wisconsin County of Washington On the 22nd day of September, 2017, before me personally came Kevin A. Steiner,to me known being by duly sworn,did depose and say that he resides in the County of Washington, State of Wisconsin;that he is the President of West Bend Mutual Insurance Company, the corporation described in and which executed the above instrument;that he knows the seal of the said corporation;that the seal affixed to said instrument is such corporate seal;that is was so affixed by order of the board of directors of said corporation and that he signed his name thereto by like order. ....;WII.. . '� ,,�� ,_,_ ?........ p►OTAR�.` _ Juli A nedum PMUC ' SeniorlCorporate Attorney Notary Public,Washington Co.,WI My Commission is Permanent The undersigned,duly elected to the office stated below, now the incumbent in West Bend Mutual Insurance Company,a Wisconsin corporation authorized to make this certificate, Do Hereby Certify that the foregoing attached Power of Attorney remains in full force effect and has not been revoked and that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at West Bend,Wisconsin this 21st day of April 2021 1*6 sEAlt. Heather Dunn ~ Vice President—Chief Financial Officer Notice: Any questions concerning this Power of Attorney may be directed to the Bond Manager at NSI, a division of West Bend Mutual Insurance Company. 1900 S. 1811,Ave. West Bend,W1 53095 1 ph(262) 334-6430 1 1-800-236-5004 1 fax(262) 338-5058 1 www.thcsilvcrhning.com t AIA Document A312 - 2010 Performance Bond Bond Number: 2489203 CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place Kenton Brothers Locksmith, Inc. of business) ADDITIONS AND DELETIONS: The author of this document has West Bend Mutual Insurance Company 3401 E Truman Rd PO Box 620976 added information needed for its Kansas City,MO 64127-2228 Middleton,WI 53562 completion.The author may also OWNER: have revised the text of the original AIA standard form.An Additions and (Name, legal status and address) Deletions Report that notes added City of Riverside,Missouri, information as well as revisions to the 2950 NW Vivion Rd standard form text is available from Riverside, MO 64150-1502 the author and should be reviewed.A CONSTRUCTION CONTRACT vertical line in the left margin of this Date: 04/19/2021 document indicates where the author Amount: $ 703,637.00 has added necessary information Description: and where the author has added to or (Varve and locatio deleted from the original AIA text. Complete Access control and Surveillance Project This document has important legal consequences.Consultation with an BOND attorney is encouraged with respect Date: 04/21/2021 to its completion or modification. (Not earlier than Construction Contract Date) Any singular reference to Contractor, Surety,Owner or other party shall be Amount:$703,637.00 considered plural where applicable. Modifications to this Bond: XXXX None See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: orporate Seal) Company: (Corp r t eal Kenton Br a alts ith, Inc. West Bend Mut I uran C pany Sie, ur : Signature: Name d Name and 4Z Title: Gin elke Title: KEVIN J O'BRIEN ,Attorney-In-Fact (Any a nal signatures appear on the last page of this Performance Bond) (FOR INFORI'LATION O LY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: THE REILLY COMPANY (Architect, Engineer or other party:) 608 DELAWARE ST LEAVENWORTH, KS 66048 (913)682-1234 Init. AIA Document A312TM—2010 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This AIA"'Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at t 08:24:00 ET on 02/17/2021 under Order No.7809530746 which expires on 02/20/2022, and is not for resale. User Notes: (1853247317) §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the Contractor's performance.If the Owner does not request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice, request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten (10)business days of the Surety's receipt of the Owner's notice.If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §61f the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. §7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Init. AIA Document A3121—2010 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This AIA`'Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in 2 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:24:00 ET on 02/17/2021 under Order No.7809530746 which expires on 02/20/2022,and is not for resale. User Notes: (1853247317) Surety shall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. §8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns. §10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §14 Definitions §14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. §14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including al I Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. init AIA Document A312r"'—2010 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This AIAO Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA"Document,or any portion of it,may result in 3 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at / 08:24:00 ET on 02/17/2021 under Order No.7809530746 which expires on 02/20/2022, and is not for resale. User Notes: (1853247317) §16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: NA Signature: NA Name and Title: Name and Title: Address: Address: AIA Document A312--20110 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This AIA'`Document is protected by Init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA11 Document,or any portion of it,may result in 4 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:24:00 ET on 02/17/2021 under Order No.7809530746 which expires on 02/20/2022, and is not for resale. User Notes: (1853247317) No. 1161533 WEST BEND AMUTUAL INSURANCE COMPANY'" Power of Attorney Know all men by these Presents, That West Bend Mutual Insurance Company, a corporation having its principal office in the City of West Bend, Wisconsin does make, constitute and appoint: Kevin J. O'Brien Tammy A. Wagner lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf as surety and as its act and deed any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of: $2,500,000 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and held on the 21st day of December, 1999. Appointment of Attorney-In-Fact. The president or any vice president, or any other officer of West Bend Mutual Insurance Company may appoint by written certificate Attorneys-in-Fact to act on behalf of the company in the execution of and attesting of bonds and undertakings and other written obligatory instruments of like nature. The signature of any officer authorized hereby and the corporate seal may be affixed by facsimile to any such power of attorney or to any certificate relating therefore and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the company in the future with respect to any bond or undertaking or other writing obligatory in nature to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any said officer at any time. In witness whereof, the West Bend Mutual Insurance Company has caused these presents to be signed by its president undersigned and its corporate al to be hereto duly attested by its secretary thi 1st day arch, 2009. Attest: :��` RPORAT Pa ;'�� F'. Kevin A.Steiner Se tary `� SF AT. .' Chief Executive Officer/President State of Wisconsin County of Washington On the 1st day of March, 2009 before me personally came Kevin A. Steiner, to me known being by duly sworn, did depose and say that he resides in the County of Washington, State of Wisconsin; that he is the President of West Bend Mutual Insurance Company, the corporation described in and which executed the above instrument, that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the board of directors of said corporation and that he signed his name thereto by like order. .0 F osJk'`< * ' NOTARY * : John . well �. PUBLIC 2 Executive Vice President-Chief Legal Officer 9� .. 02C' Notary Public,Washington Co.WI My Commission is Permanent The undersigned, duly elected to the office stated below, now the incumbent in West Bend Mutual Insurance Company, a Wisconsin corporation authorized to make this certificate, Do Hereby Certify that the foregoing attached Power of Attorney remains in full force effect and has not been revoked and that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. II Signed and sealed at West Bend, Wisconsin this 2( � day of A�21(t 6 20 rf SFAT, ' Dale J. Kent '`ta� Executive Vice President- _ Chief Financial Officer Notice: Reproductions are not binding on the company. Any"q"uestions concerning this Power of Attorney may be directed to the Bond Manager at NSI, a division of West Bend Mutual Insurance Company. 8401 Greenway Blvd. Suite 1100 1 P.O.Bos 620976 i Middleton,WI 53562 1 ph(608)410-3410 1 www.thesilverlining.coin EXHIBIT B PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS: that a [insert corporation, partnership or individual], hereinafter called Principal, and [insert name of surety], hereinafter called Surety, are held and firmly bound unto the CITY OF RIVERSIDE, MISSOURI ("City"), and unto all persons, firms and corporations who or which may furnish labor, or who furnish materials to perform as described under the Agreement and Contract Documents more fully described below and to their successors and assigns in the total aggregate penal sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that WHEREAS,the Principal entered into a certain Agreement with the City, dated the day of , 20_, for the construction of City Complex Video and Access Control Project approved by Ordinance/ Resolution No. 0d-( -033 NOW,THEREFORE,in the event Principal shall pay the prevailing hourly rate of wages for each craft or type of worker required to execute the Work required by the Contract Documents described in the Agreement in the locality as determined by the Department of Labor and Industrial Relations of Missouri or by final judicial determination pursuant to the provisions of Sections 290.010 to 290.340 and 290.550 through 290.580, inclusive, of the Revised Statutes of Missouri, and shall timely pay to the proper parties all amounts due for material, machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums, workers' compensation, and all other kinds of insurance, on such Work, and for all labor performed in such Work whether by Principal, Subcontractor, or otherwise, then this obligation to be void, otherwise to remain in full force and effect, and the same may be sued on at the instance of any Subcontractor, material supplier, laborer, mechanic, or other interested party, in the name of the City of Riverside, to the use of such parties, for any breach of the considerations hereof. 31 Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Work to be performed thereunder shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Work. The Payment Bond above is accepted by the City this day of ,20 CON O AS P By: _ (Signature) Printed Name: Title: (!�-D I hereby certify that (1) I have authority to execute this document on behalf of Surety; (2) Surety has an A.M. Best rating of A- or better; (3) Surety is named in the current list of Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies: as published in Circular 570 (most current revision) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury; and (4) Surety is duly licensed to issue bonds in the State of Missouri and in the jurisdiction in which the Project is located. SURETY By: (Signature) Printed Name: Title: Date: Note: • Date of Bond must NOT BE PRIOR TO DATE OF AGREEMENT • If Contractor is a partnership, all partners must execute the Bond. SURETY POWER OF ATTORNEY MUST BE ATTACHED 32 EXHIBIT C PREVAILING WAGE RATES Prevailing hourly rates of wages follow, as determined by the Division of Labor Standards, Jefferson City, Missouri. 33 Missouri Division of Labor Standards WAGE AND HOUR SECTION P THF w � h � o O .d Uu sura"• Q� MICHAEL L. PARSON, Governor Annual Wage Order No. 27 Section 083 PLATTE COUNTY In accordance with Section 290.262 RSMo 2000, within thirty (30) days after a certified copy of this Annual Wage Order has been filed with the Secretary of State as indicated below, any person who may be affected by this Annual Wage Order may object by filing an objection in triplicate with the Labor and Industrial Relations Commission, P.O. Box 599, Jefferson City, MO 65102- 0599. Such objections must set forth in writing the specific grounds of objection. Each objection shall certify that a copy has been furnished to the Division of Labor Standards, P.O. Box 449, Jefferson City, MO 65102-0449 pursuant to 8 CSR 20-5.010(1). A certified copy of the Annual Wage Order has been filed with the Secretary of State of Missouri. Original Signed by Taylor Burks, Director Division of Labor Standards Filed With Secretary of State: March 10, 2020 Last Date Objections May Be Filed: April 9, 2020 Prepared by Missouri Department of Labor and Industrial Relations Building Construction Rates for REPLACEMENT PAGE Section 083 PLATTE County —Prevailing OCCUPATIONAL TITLE Hourly Rate Asbestos Worker $6604 Boilermaker "$28 32 Bricklayer $5742 Carpenter $5736 Lather Linoleum Layer Millwright Pile Driver Cement Mason "$28.32 Plasterer Communications Technician $58.21 Electrician(Inside Wireman) $65.07 Electrician Outside Lineman •$28.32 Lineman Operator Lineman-Tree Trimmer Groundman Groundman-Tree Trimmer Elevator Constructor •$28.32 Glazier $55.03 Ironworker $6415 Laborer $45.80 General Laborer First Semi-Skilled Second Semi-Skilled Mason •$28 32 Marble Mason Marble Finisher Terrazzo Worker Terrazzo Finisher Tile Setter Tile Finisher Operating Engineer $56.63 Group I Group II Group III Group III-A Group IV Group V Painter $47.99 Plumber $69.83 Pipe Fitter Roofer $53.40 Sheet Metal Worker $67.16 Sprinkler Fitter "$28 32 Truck Driver '$28.32 Truck Control Service Driver Group I Group II Group III Group IV 'The Division of Labor Standards received less than 1,000 reportable hours for this occupational title. Public works contracting minimum wage is established for this occupational title using data provided by Missouri Economic Research and Information Center. "The Prevailing Hourly Rate includes any applicable fringe benefit amounts for each occupational title ANNUAL WAGE ORDER NO. 27 3131120 Heavy Construction Rates for REPLACEMENT PAGE Section 083 PLATTE County "Prevailing OCCUPATIONAL TITLE Hourly Rate Carpenter $59.23 Millwright Pile Driver Electrician (Outside Lineman) *$28,32 Lineman Operator Lineman - Tree Trimmer Groundman Groundman - Tree Trimmer Laborer $48.37 General Laborer Skilled Laborer Operating Engineer $55.71 Group I Group II Group III Group IV Truck Driver $47.34 Truck Control Service Driver Group I Group II Group III Group IV Use Heavy Construction Rates on Highway and Heavy construction in accordance with the classifications of construction work established in 8 CSR 30-3.040(3). Use Building Construction Rates on Building construction in accordance with the classifications of construction work established in 8 CSR 30-3.040(2). If a worker is performing work on a heavy construction project within an occupational title that is not listed on the Heavy Construction Rate Sheet, use the rate for that occupational title as shown on the Building Construction Rate Sheet. *The Division of Labor Standards received less than 1,000 reportable hours for this occupational title. Public works contracting minimum wage is established for this occupational title using data provided by Missouri Economic Research and Information Center. **The Prevailing Hourly Rate includes any applicable fringe benefit amounts for each occupational title. ANNUAL WAGE ORDER NO. 27 3/31/20 OVERTIME and HOLIDAYS OVERTIME For all work performed on a Sunday or a holiday, not less than twice (2x) the prevailing hourly rate of wages for work of a similar character in the locality in which the work is performed or the public works contracting minimum wage, whichever is applicable, shall be paid to all workers employed by or on behalf of any public body engaged in the construction of public works, exclusive of maintenance work. For all overtime work performed, not less than one and one-half(1%) the prevailing hourly rate of wages for work of a similar character in the locality in which the work is performed or the public works contracting minimum wage, whichever is applicable, shall be paid to all workers employed by or on behalf of any public body engaged in the construction of public works, exclusive of maintenance work or contractual obligation. For purposes of this subdivision, "overtime work" shall include work that exceeds ten hours in one day and work in excess of forty hours in one calendar week; and A thirty-minute lunch period on each calendar day shall be allowed for each worker on a public works project, provided that such time shall not be considered as time worked. HOLIDAYS January First; The last Monday in May; July Fourth; The first Monday in September; November Eleventh; The fourth Thursday in November; and December Twenty-Fifth; If any holiday falls on a Sunday, the following Monday shall be considered a holiday. ANNUAL WAGE ORDER NO. 27 3/20 EXHIBIT D Time for Completion City Complex Video and Access Control Proiect Time for Completion: 180 Calendar Days from Notice to Proceed 34 EXHIBIT E SCOPE OF WORK The Project's Scope of Work is as provided for in the following documents: 1. Request for Proposals for City Complex Video and Access Control Project, dated December 4, 2020 2. Addendum dated December 23, 2020 3. Addendum dated January 27,2021 4. Question and Answer- Packet 1 (on file with Resident Project Representative) 5. Question and Answer- Packet 2 (on file with Resident Project Representative) 35 EXHIBIT F RESERVED 36 EXHIBIT G CITY OF RIVERSI Upstreom (turn ordmary NOTICE TO PROCEED DATE: .IDJJ PROJECT: City Complex Video and Access Control Project 1 ORD/RESO: -R-aD;)-1 - D3 3 (approved TO: Contractor: 1`1 E►.��o t.� 2� V�E►2 Sn C . (address) 3'�D 1 C. %P—r t nli c) 1-4 A& L° 14w VIA p (oq l Z7 You are hereby notified to commence work on or after the a9 day of R�` 2020 in accordance with the Agreement dated " a OQ-( The date of substantial completion i0�1. The project shall be completed and ready for final payment by 3�� DD a CITY BY: Br' n E. y 7Njstratr Receipt of the a ve NOTICE TO PROCEED is hereby acknowledged BY: 40�w ( nature) (Printed) (Title) )a /� (Company) this the �C� 1 day of A a,� , 2021. 37 MISSOURI DEPARTMENT OF Form REVENUE_ 506 Project Exemption Certificate This form is to be completed and given to your contractor. Name of Exempt Entity Issuing the Certificate Missouri Tax Exemption Number CITY OF RIVERSIDE 1 2 4 9 3 1 2 1 Address 7CIty State ZIP Code 2950 NW VIVION ROAD RIVERSIDE MO 64150 E-mail Address .00MI Project Number Project Begin Date(MM/DD/YYYY) Estimated Project End Date(MM/DD/YYYY) 2021-033 JOL 2—D_ZI A–/2—lLZL Description of Project RM"on No-2021-033-CiLY Complex Vdeo and Access control Prpliect for Pubic Sallt{y,City Hal,Commtnity Center,Old PS Garage,Pubbc Warks,and Parks. Project Location �Ticate Expiration Date(MM/DD/YYYY) 2950 NW Vivian li 44Warfi us WW facilities within Riverside MO / / 2 1 Provide a signedcopy of this certificate, along with a copy of the exempt entity's Missouri Sales and Use Tax Exemption Letter to each contractor or subcontractor who will be purchasing tangible personal property for use in this project. It is the responsibility of thb exeti-npi_grtCty to ensure the validity of the information on the certificate. The exempt entity must issue a new certificate if any of"the infation changes. Si of ,,Authori a empt§ptity.•' Printed Name of Authorized Exempt Entity Date(MM/DD/YYYY) Robin Kincaid,City Clerk _-0--A i Z 9-i 2—!L 2— The The Missouri exempt entity named above hereby authorizes the purchase, without sales tax, of tangible personal property to be incorporated or consumed in'the construction project identified herein and no other, pursuant to fti;tillorr 144.062 RSMo. Under penalties of perjury, I declare that the above information and any attached supplement is true,complete, and correct. Name of Purchasing Contractor Signature oDate(MM/DD/YYYY) Kenton ftd*!rs Inc Address City State ZIP Code 3401 E.TrumanKansas MO 64127 Contractors-Present this to your supplier in order to purchase the necessary materials tax exempt. Complete the Subcontractor portion if extending the certificate to your subcontractor. The contractor must sign the form in the space provided below. Name of Purchasing Subcontractor EAddress Cit Y State ZIP Code tu�:fC(ntractor Contractor's Printed Name Date(MM/DD/YYYY) Form 5060(Revised 11-2019) Taxation Division Phone: (573)751-2836 P.O Box 358 Fax: (573)522-1666 Jefferson City, MO 65105-0358 E-mail: salestaxexemotionsCc)dor mo gov Visit htOo"//dor mo govlbusiness/sales/sales use-exemptions.pho for additional information. K. City of Riverside ACS/VMS/11S Project PROPOSAL-AUTHORIZED SIGNATi1RE PAGE By signing below, the undersigned Proposer agrees that if this Proposal is accepted, it will enter into an agreement with the City,in a form approved by the City Attorney,to complete all work as specified herein and for the price time indicated below. The undersigned certifies that he/she has the authority to bind the company to this Proposal and in a Contract to supply the requested commodity or service in accordance with all terms, conditions, and pricing specified herein. Please type or print the information below. COMPANY NAME TELEPHONE NUMBER A&JOA f61 L-8y2- Vot) STREET ADDRESS FAX *3&jol E Tn. - 4471-Im CITY,STATE,ZIP ENTAIL o4glels (e.-4,14 Mo VV Z-7 AUTHORIZED REPRESENTATIVE TITLE (PRINT) j7,,,�:., Sl,r►cls-lov�o� (!Ao . AUT ED SIGNATURE DATE TAX ID# ENTITY TYPE(Corporation,LLC,Sok Proprietor,Partnership) 22 City of Riverside ACS/VMS/IIS Project Proposal for Work: Listed breakdown below reflects full installation costs per project section. Contractor shall be responsible for all costs described above for this project. PROJECT BREAKDOWN Access Control System(ACS): S td75.354 A,ae "jej Fol rk, at Video Management Software/System(VMS)(CCTV): S t3f,715 TIme N owi +,E±f-r'v,,A-d Seven 9A,tJ ced r4feeA Wlar'S Integrated Intercom Solutions(IIS):$ 1�yJed t,n AC.S Evidence Locker Solution: $ It ,S 64►-►tS1.4 "rej E_j Q..c W616 City Operations Tower/Antenna System S �g , N,. 'fl,ovs d Cve ►-ted F o�r- 8wt Project Total: 06W,q81 si" Fk+v Two 1",,J 4Lw add EJ�4j 0346 t�01 brS Additional Work(Optional by City of Riverside) Add Exit Reader(Per Door)S -*350 A me- U,%,,8mA v-;.t}-,, x,11 acs Add Idemia Biometric Reader(Per Door)$17 —Irv,t+ Gired {y Jrse W 6r,- Add Install and Program CIC Key Cabinet 25 Key S 9 96G VJ or, 9"4Are� (:i 4+y 56,Qbi1 Add Install and Program CIC Key Cabinet 12 Key&A0 V.J'W+ IWVr� "4Y dntlec. Add Install and Program CIC Key Cabinet 50 Key$4110131 4-,4fed Iwrc 0O-Onik Add NEDAP RFID Reader System in Fire bays and sally port(Per Bay)S `5,(003 ,, tb.Y. (Note: Include all equipment and labor to cover in/out garage doors front and back with 2 RFID devices each.) Add Remove and replace existing MESH network system in parks with new point to point network system$ ,..I,adr� n V MS 23 City of Riverside ACS/VMS/Its ftojw EXPERIENCE QUESTIONNAIRE (To be completed by each Bidder and submitted with Proposal, FAILURE TO COMPLETE THIS FORM AILL RES LT IN THE REMCTION OF THE PROPOSAL &lion 5,roAtw-s (Company Name) (Pj;mvy Coctact Nam) 3401 F_ Td-W o4o G4q-7 (Address) (Cita,, State,Zip CO&) ajL_ "?--? 19ff-7 -sxJ^,P,k&w6A (Pbw Number) (Fax Nu=ber) (E-mail) Federal ID Number: -q4i- q)3 I-L-7-70 or SSW: Name of S t a I e ( s ) in which incorpo7- a , � J : NSI:5-O&O.C. Date(s) of incorporation:- ----------- Attacb Cerddc"e of Good Standing for State in whicli wicoWrated. If not incorporated in Missouri, aka attach Certificate &( Authoriq to do Busine.", in Missouri. Certificaw Number: _C EKT-1 U 51,2JN Date: A, Nam of the following officers: (PresiJent's Name) (Vice-President's Narne) NP71 LJk_ (Secretary's Name) (Treasurer's Name) Date ofOrgan i zat ion: 5cuftuCw Type of Partnership: _—General _-Limited Association 24 City-of Riverside ACS/V o[ 1S Names and addresses of all partners (use additional sheet if necessary): - ---- (Name ) (Address) (City, State,. ) {IwTarrte) (Ad&�eas �ity �State,Zip) 1.i now many years has ' been in business as a contractor under your present business name?) 2. List all other prior business names and locations under wt icfi you or any garner, pnnCiPal,or other officer of your company has ever done business: 25 IVERSID CITY OF RIVERSIDE EXPIRATION DATE BUSINESS LICENSE 12/31/2021 DATE ISSUED LICENSE NUMBER 4/27/2021 1765 LICENSE FOR LOCATION OF BUSINESS CONTRACTOR This license is to be displayed conspicuously at the location of business,and is not transferable or assignable. FEE CLASS $36.00 SECURITY THIS LICENSE IS ISSUED PURSUANT TO THE KENTDAVID STRITHERS PROVISIONS OF THE CITY CODE OF THE CITY 3401 E BROTHERS INC OF RIVERSIDE AND AMENDMENTS THERETO. 3401 E TRUMAN ROAD KANSAS CITY MO 64127 Mayor Clerk City of Riverside ACSA,%4S/IIS Pro}ea AFFIDAVIT or W"ORk At'TIIORI7ATtr� s (As required by Section 285.530, Revised Statutes of 1,Jlssoun) As used iaa this Affidavit,the followarag temis shall have the following meanings.. EMPLOYEE: Any person performing work or service of.arty kind or character for faire willun tie State:of M s our-i. FEDERAL WORK AUTHORIZATION PROGRAM: Anv of d w electronic verification of work autharization Progrwris operated by the United States DL-partment of Homeland Security-or an equivalent fedeW work authorization progratr operated by the United States Department of Homela33d Security to verify information of newhired employees, under the ImmigrationReform and Control Act of 1986(IRC;A), P.L. 99-6:03, KNOWINGLY: A person acts knowingly or with knowledge, (a) With respect to the person's :oonduct or to attendant circumstances when the person is aware of the naturae of the person's conduct or.that those circumstances exist, or (b) With respect to a result of the person's conduct ether the person is aware that the person's conduct is practically certain to cause thatresult. UNAUTHORIZED ALIEN: An alien ;vho does not have the Lcga1 right or authorization sunder f'e+deral law to work in the United States, as defined in 8 U.S.C. 1324:a(h)(3). State of (+luaus A County,of �3a �. a ss: BEFORE ME, the undersigned notary , personally appeared whom, being drily sworn; states on his4ier oath or affirm.ation as follows: 2i City.of Riverside ACS/VMS/IIS Projw L My name is Af=115,46n 14'viw- wid 1 aau 0"tently tlac -o id ems' o �' -Z-40^+ (bereinafter"Contractor"),whose business address is P 4,c -n a 040`, It l arra authorized to make this Affidavit. 2. 1 am of 6ound tal4ind 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 M connection with the scrvices contracted between Contractor and the City of Riverside. 4. Contractor does not l<_nowingly employ any person who is an unauthorized alien in connection with the contracted senices 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 saith not. atut�$,eofr Af aan ^ Printed Name: Subfiaibed and sworn to before tree this 'Lr �&y of �•►�+e�ts-� _ �}�. ��� r I+1otay a 01 -- KA,SSIE LYONS Notary public, notary Sea! State of Wssowri Jackson County Commission# 17234909 %AV Corr mission Expires 10-18-2021 28 OF MISSO John R, Ashcroft Secretary of S CERTIFICATE OF GOOD STANDING 1, John R. Ashcroft, Secretary of State of the STATE OF MISSOURI, do hereby certify that the records in my office and in my cane and custody reveal that 1KENTON BROTHERS LOCKSMITHS, INCORPORATED 0005395€ A Missouri entity was created under the lavas of this State on 6/18/193`, and in Good Standing, having fully complied wit a�, the requirements of this office. IN TESTII.AONY'VtIHEREOF, I hereunto set my Hand and cause to be affixed the GREAT SEAL of the State of Nlissouri. Done at tie City of Jefferson, the 21st day of January, 2021. 7; of.State u meati©n fV tuber CERT-iN52213 i CERTIFICATE OF LIABILITY INSURANCE CATS /02/2a'v OLOZl2�11 t THIS CERTIFICATE IS tSSUEC AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER_THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. if SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement or. Itf>tis certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 00ftliGtR C ONTAC r NAME. Jane Hanson The Reilly Company LLC PHO N' f011,6A2.1234 -- AX 1913),682-8136 JAC 608 Delaware St i E-MAIM 'jane.hansonC Itliyinswrance.com ADDRES 9.0 Box 9 INSURERtS)AFFORD04G COVERAGE swc t Leavenworth KS 660.18-000 WSURER A: Cincinnati insurance Corripan,es 10677 INSURED INSURER 13: Accident Fun: 10166 Kenton Brothers!ooksmiths.Inc S Travelers 31194 IN 3401 E.Truman Rd. ,INSURER D INSURER E Kansas C4 MO 64127-2-228 I INSURER F. COVERAGES CERTIFICATE NUMBER: Master 2021 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE DS T ED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER100 INDICATED NOTNITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO tI KCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED 8 Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES UNITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS N R. ADDL SUBRI POLICY FFF POLICY EXP LTR TYPE OF INSURANCE NsWVD POLICY NUIII MtOD MVJDD: LAMBS COMMERCIAL GENERAL UASILITY 1,000900 EACH v'�DCt,Htf�iCE S CLAWS-WADE Q OCCUR PlItaillISIES CELs ocaxaence �, 500,000 X Automatic Additional Insured MED EXP tAny orae Perscn) a 10,000 A -Per Written Contract Y EPP0367664 01/01/2021 01f01r'2022 PERSONAL 6ADVINJURY 1,000,000 GEIJ'L AGGREGATE U 7 APPLIES PER. I GENERAL AGGREGATE a 2'000'000 POLICY © PRP- ❑ I 2,060,1)00 /ECT Loc PRDIwc-s CDMFPIOPAGG a OTHER b FI AUTOMOBILE LMi1LiTY SMIGI LIMITE 1.000;000 }—� acddea) xI adv a.JTO I I I � BODILY+►:JURY(Per Person! f A ONNED SCHEDULED EBA0367664 01/01/2021 01/01x2022 BODILY WARY iPe,amidenv S AUTOS ONLY AUTOS HIRED *ON-OM)MED ! PROPERTY DAMAGE S EDEDAUTOS ONLY At1TO3 ONLY PerMedial payments a 5,000 UMBRELLA LIA9 OCCUR I EACH OCCURRENCE 62,0(30,000AEXCESS LIAS cLawnst.aDE EPP0367664 01/01/2021 01/01/2022 AGGREGATE S ZOWAW�/I X' RETENTION v G S WORKERS COMPENSATION OTK- AND EMPLOYERS'LUBiLITV Y N .STATUTE %? n';IdYPPOPRSETORIPARTNERrExECUTIVE N/A 14`CVfi1373rs6 C1/01/2G21 0^1C1/2G22 E.L.EACMACCIDENT S 1.000,000 OFFICER/MEMBER EXCLUDED� 1 OOO,QDD (Mandatory In MH) E DISEASE-EA EMPLOIEE S if yes ditr*c under 1,000,OOC DESCRIPTION OF OPERATIOIIS De;o+; Ei DSEA$E-POLICY UMI' Third Party Cnrr-- Single Loss Limit: ! � '61,000.000 C 105875023 101/01/2021 01/01/2022 Deductible j E 10,000 I I i DESCRIPTION OF OPERATIONS I LOCATIONS i VE4M-.UE.S IACORD"l,Additional VAmorks Schedule,may be attached H more space is required) City of Riverside,NO is an Additional Insured as respects Gene,at Liability for wail'performea na written contract CERTIr4CATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELNSREED IN City of Riverside,MO ACCORDANCE WITH THE POLICY PROVISIONS 2950 NYJ Viwon Road AUTHORIZED REPRESENTATIVE/�, Riverside MO 84150 g". - 19888.2"'0115 ACORD CORPORATION. At'rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD EXHIBIT H APPLICATION FOR PAYMENT Continuation Sheet for Application for Payment (Contact Jason Ketter,jketter@rive rsidemo.com,with the City for an electronic version) rrr ra WAPPUCUM W- a4m u Rr.rtww o.. �ssx au' w,y.emw.. alri.r6 srvr.�r �rr✓cr Orlslf�ml•wrm i Y...d'r.LfeOr 5 - ..om.bu.er.el..ra m.n.v..m.rese tlnr 2 �aTtiO.M'mv.L 'Y..tr•a.rm6r 3 iA.tr.ion.a.p..emm.aMra mw«nr�•. R�mC®bm.NM.LK-Ymy 4 • 1'�../9r1YrYmma.. L - Ys•..�:5 �r.rca.(r.e�.am rd-.m... s w.ov�q.r,ms: �R.d•r�.w.s:5 - mm.�n.nrMa�m.S Wnum Min Rq.e.Miiy Mm4: - hw.wm.xi....-3w1..P4.+o-roan d.N.ry rrc rrrme�.rmmr.rs rrr+� - rwrw -- �m�r.....m p,���r.raw..a+►,e..ww.w. ae ��m..J.m.�.m.�+rr..mr.+s�m.�rz..�.• r' .�xrrn�.wm.r<m. rw�rTrrr.l1laullr rt➢fTan aec•rrmnw�'Lr�+nao•,w •rte �. ur v... .m.• m� w..� We .• Llmmwt r.� A1m AM1i. 1 L Y 38 EXHIBIT I CHANGE ORDER (Contact Jason Ketter,jketter(&riversidemo.com, with the City for an electronic version) �//CI�u or CHANGE ORDER NO. Q.v� :pfFFSAtb •Y- Contractor Name: o,reFreFa� Project . ranPdaf�l3ge The fel mi,g o"ang-s w the onginal 1ln 1 am—nt arerc--a to—er 9 t ncu—by the Prgct Loeser by Te o—as a result or a:hange n J+e acaual constlr^uc3etl q—tes trom the estim—I—Ae sh—an ne Bio F-a sal C.WM Cosiam Corrwm _rie 2.n+b Prmala preyimes pRwaus REQUIRE®,.NIWASMPRESEYT,CON[RACT Unn Price 3i Not Co Cty 2:U A—t Bern itesa¢c+ondReasan for Cha Groer.Please sesame non taeba.na men nsawrrara�reasan!igr Change Omen N— Nw> Nnra Jnn 11 y, nkl 9:ae naeans AdPsltl � 3.g 3C.CC Req—Aed binwlporakd mptm4geos w u WAD KOO 100-00 DD 1 50.00 m.W _.as Tcca MjuYea Togl Na Qage 000 SOL—A of^witraR n�ifna Cattrag Anmum tre Artwm-IP—Aaanans $g.® Ne,.;'attract Amoum Prgr a Th s=egxs $11m A—c`This Repest $0W Mew'�orNaa Amoum $0-W Per.-em hange.I Comma Am-m owe DESIGN ENGINEER: CITY OF RIVERSIDE.MISSOURI: s^-11y Taws I.., area ;ate vmx Pmga coy Ad m ruarar ;�� ��rnus area axe _sae CONTRACTOR: ON-SITE PROJECT MANAGER: CONTRACTOR"S Cend.ation fm Change Order: ON-SITE PROJECT MANAGER Cerfihcrhon I.,Channe Orae,. gas maasgnea,Cvx.A,L'tCR eemnes:tnai numger in accadaeoe rM me Camas CaaurwEns.fie ansae obuvua•mms.ane #S-1tsM afq:e are neF.Ee[ay in oitlerb 111!CCNTWTOR b Ile.aompnsn,y the charge omler.me-Prang manager a2.f- TcueaarmeseyrosnmRe eraa+ans.anmaa me R>Jw ID—that tol best ofthe—ft aged—,VWe w*owcage tear�aatlme xsartegagi reeVert®ate acre rrfem'a:cn,vW belef Ree abase 2kre.W! the etages ale—t -owerro anapahl u+a®Rus:tretge goer. p—eec xm r_`eeggon gtM rnritrab emarr�na.amt that^+e vales sbtcc atwre are m,rect umh resp—W It.—o a pv un Ta j,.w artier ,aoa�y - vars Frtme] r6are T'-ae0 .'xgl6b �,ea =ae =nle 39 MY OF EXHIBIT J Certificate of Substantial Completion to be completed after substantial completion of the project) Project Name: City Complex Video and Access Control Project Re uestor of Project: City of Riverside This [tentative] [definite] Certificate of Substantial Completion applies to: ❑ All Work under the Contract Documents: ❑ The following specified portions of the Work: Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of the City and Contractor, and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby declared and is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. A [tentative] [definitive] list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The responsibilities between the City and Contractor for security,operation,safety, maintenance, heat,utilities,insurance and warranties shall be as provided in the Contract Documents except as amended as follows: i]Amended Responsibilities F Not Amended The City's Amended Responsibilities: Contractor's Amended Responsibilities: 40 The following documents are attached to and made part of this Certificate: This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract Documents. Accepted by Contractor (Print& Sign) Date Accepted by the City (Print& Sign) Date 41 EXHIBIT K RESERVED 42 EXHIBIT L CONTRACTOR AFFIDAVIT FOR FINAL PAYMENT (to be completed at conclusion of project) City Complex Video and Access Control Proiect STATE OF ) SS: COUNTY OF ) The Undersigned, of lawful age,being first duly sworn,states under oath as follows: 1. I am the of who is the general CONTRACTOR on the above referenced project. 2. All payrolls,material bills,use of equipment and other indebtedness connected with the Work for this Project have been paid and all Claims of whatever nature have been satisfied,as required by the Contract. 3. ( ) Prevailing wage does not apply;or ( ) All provisions and requirements set forth in Chapter 290, Section 290.210 through and including 290.340, Missouri Revised Statutes,pertaining to the payment of wages to xyorkmen employed on public works projects have been fully satisfied and there has been no exception to the full and complete compliance with these provisions and requirements and the Annual Wage Order contained in the Contract in carrying out the Contract and Work. CONTRACTOR has fully complied with the requirements of the prevailing wage law as required in the Contract and has attached affidavits from all Subcontractors on this Project,regardless of tier,affirming compliance with the prevailing wage law as stipulated in the Contract. 4. CONTRACTOR certifies that each Subcontractor has received full payment for its respective work in connection with the Contract. 5. This affidavit is made in behalf of the CONTRACTOR for the purpose of securing from the City of Riverside, Missouri,the certification of completion of the Project and receiving payment therefore. CONTRACTOR By Title On this day of 20_ before me appeared to me personally known to be the of , and who executed the foregoing instrument and acknowledged that (s)he executed the same on behalf of as its free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year first above written. My commission expires: Notary Public 43 EXHIBIT M SUBCONTRACTOR AFFIDAVIT FOR FINAL PAYMENT (to be completed at conclusion of project) City Complex Video and Access Control Proiect STATE OF ) SS: COUNTY OF ) After being duly sworn the person whose name and signature appears below hereby states under penalty of perjury that: 1. 1 am the duly authorized officer of the business indicated below (hereinafter Subcontractor)and I make this affidavit on behalf of Subcontractor in accordance with the requirements set forth in Section 290.290, RSMo. Subcontractor has completed all of the Work required under the terms and conditions of a subcontract as follows: Subcontract with: ,Contractor Work Performed: Total Dollar Amount of Subcontract and all Change Orders:$ 2. Subcontractor fully complied with the provisions and requirements of the Missouri Prevailing Wage Law set forth in Sections 290.210,RSMo through 290.340,RSMo. Business Entity Type: Subcontractor's Legal Name and Address (_)Missouri Corporation (�Foreign Corporation (_)Fictitious Name Corporation (�Sole Proprietor (�Limited Liability Company Phone No. (�Partnership Fax: (�Joint Venture E:mail: (�Other(Specify) Federal ID No. I hereby certify that I have the authority to execute this affidavit on behalf of Subcontractor. By: (Signature) (Print Name) (Title) (Date) NOTARY Subscribed and sworn to before me this day of 120 . My Commission Expires: (Signature) 44 EXHIBIT N RESIDENT PROJECT REPRESENTATIVE CERTIFICATION For Acceptance and Final Payment (to be completed at conclusion of project) City of Riverside, Missouri Project Name: City Complex Video and Access Control Project Contractor: Contract Date: Date of Completion and Acceptance: The Contractor has notified me that he has completed all work in accordance with the Contract Documents and that it is functioning properly. I hereby certify that a final inspection of all work under the Contract Documents was conducted by me and to the best of my knowledge;the work has been completed in accordance with the drawings and specifications and is functioning properly. I have approved all payment estimates, and prepared and received approval of all change orders. I have received the required certifications; instructions for operating the equipment,manuals,and other documents that are applicable to this project from the Contractor and have delivered them to the City. The Ci his now responsible for the security, operation, safety, maintenance and insurance as applicable to the project. The Contractor will warranty all specified work for a period of one(1)year(or a longer period if governed by Missouri Statutes) from this date of completion. Notification has been given to the proper Government agencies that the work is completed. I recommend, under the provision of the Contract Documents that the Work be accepted and that final payment be made. Executed by the Resident Project Representative on this day 20 Signature: (SEAL) Typed Name: The work described above accepted by the consultant is hereby acknowledged and final payment authorized. Kathleen L. Rose, Mayor (SEAL) Date: Attest: Robin Kincaid, City Clerk cc: Contractor 45