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HomeMy WebLinkAbout2009-046 - C&C VideoBILL NO. 2009-46 ORDINANCE NO. 2009 -46 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH C &C GROUP FOR THE PURCHASE AND INSTALLATION OF SECURITY AND VIDEO EQUIPMENT WHEREAS, after evaluating the City of Riverside, Missouri's ( "City ") current security and video system, the City's Police Division has recommended that the City upgrade the systems, and that a new system be implemented for City Hall and the Community Center; and WHEREAS, the City has received competitive bids for the purchase of equipment needed to upgrade the security and video system and the installation thereof (the "Equipment "); and WHEREAS, the City and C &C Group have reached a proposed agreement concerning the provision of and payment for such Equipment. NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section 1 . This Ordinance is intended and is hereby determined and declared to be necessary to accomplish and serve the public purpose of improving public safety at the City Hall and Community Center. Section 2. Based upon the criteria set forth in Section 135.100 of the Municipal Code of the City, the Board of Aldermen finds that C &C Group is the lowest responsible bidder, and the purchase is in the best interests of the City. Section 3 . The City of Riverside shall enter into an agreement with C &C Group whereby C &C Group agrees to provide and install the Equipment as described in Exhibit A attached hereto at a total cost of $281,590.00. Section 4 . The Mayor is authorized to execute an agreement with C &C Group and to take such other actions reasonably necessary to cant' out the intent of this Ordinance on behalf of the City, the execution of the agreement being conclusive evidence of such approval. Section 5. The Mayor, the City Administrator, the City Attorney 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 Ordinance 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. Section 6 . This Ordinance shall be in full force and effect from and after its passage and approval. } Passed this � day of 2009. Mayor Kathleen L. Rose ATTEST: Y Clerk AGREEMENT BETWEEN CITY OF RIVERSIDE AND C & C SALES, INC. DBA C & C GROUP FOR SECURITY ENHANCEMENTS PUBLIC SAFETY, CITY HALL, COMMUNITY CENTER CONTRACTOR: CI]771� U CONTRACT PRICE: C & C SALES, INC. DBA C & C GROUP 2009 -46 $288.590.00 Agreement AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR SECURITY ENHANCEMENTS PUBLIC SAFETY, CITY HALL, COMMUNITY CENTER THIS AGREEMENT, made and entered into as of the day of .J v 2009, by and between the City of Riverside, Missouri ( "City "), and C & C Sales, Inc. d a C & C Group ( "Contractor "), shall govern all Work to be provided by Contractor for City on the Project. HER S City, u der the provisions of Ordinance No. 2009 -46, duly approved A'1 � and by virtue of the authority vested in City by the general ordinay es of City, intends to &ter into one or more contracts for the Project; and WHEREAS, the Mayor is authorized and empowered by City to execute contracts on behalf of City, and the City Administrator ("Administrator ") is authorized to perform Administrator's functions set forth in this Agreement; and WHEREAS, Administrator may designate one or more engineers, architects, or other persons to assist Administrator in performing Administrator's functions under this Agreement; and 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 THE PROJECT AND THE WORK A. Contractor shall provide and pay for all Work for the Project. B. "Project," as used in this Agreement and the other Contract Documents, means the building, facility, and /or other improvements for which Contractor is to provide Work under this Agreement. It may also include construction by City or others. C. "Work," as used in this Agreement and the other Contract Documents, means all labor, services, materials, supplies, tools, equipment, supervision, management, and anything else necessary to Agreement accomplish the results and objectives described in Appendix A to this Agreement (System Configuration, CCTV Camera Matrix, New CCTV/Mic Locations, and Card Readers & Lock Equip), subject to Appendix B to this Agreement (Project Exclusions), and in 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 Article VI of 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. D. 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. ARTICLE II 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 of Two Hundred Eighty -Eight Thousand Five Hundred Ninety and 00 /100 Dollars ($288,590.00). 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." B. 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 Ordinance No. 2009 -46 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 Article VI of this Agreement, and City enacts another ordinance authorizing the amount City agrees to pay under Article VI. ARTICLE III PROGRESS OF WORK /SUBMITTALS A. 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. Contractor shall achieve Substantial Completion (as defined in Article V, Paragraph F of this Agreement) of all the Work not later than 140 calendar days after the date indicated in the Notice to Proceed for commencement of performance of the Work. 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. C. 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 performance work daily to complete the Work except for Saturdays, Sundays, holidays, and days of inclement weather. This Paragraph C does not preclude Contractor from working Saturdays, Sundays, holidays, or days of inclement Agreement 3 weather. Contractor shall give the City at least 48 hours notice if intending to work on Saturday, Sunday, holidays or days of impending inclement weather. D. 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 V of this Agreement, Contractor shall submit an updated, current schedule. Neither the original schedule nor any update shall exceed time limits current under the Contract Documents. E. In the event Administrator 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, Administrator may, in Administrator'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. F. Contractor shall submit to City for review and approval 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. 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. Review and approval 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. 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 and approval by City any shop drawings, samples, product data, manufacturers' literature, or similar submittals as may reasonably be required by City. Contractor shall perform all Work strictly in accordance with approved submittals. City's approval does not relieve Contractor from responsibility for defective work resulting from errors or omissions of any kind on the approved submittals. ARTICLE IV 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, form the entire agreement between City and Contractor, and are the Contract Documents: 1. This AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR, 2. SYSTEM CONFIGURATION, CCTV CAMERA MATRIX, NEW CCTV /MIC LOCATIONS, AND CARD READER AND LOCK EQUIPMENT (Appendix A to this Agreement). 3. PROJECT EXCLUSIONS (Appendix B to this Agreement). Agreement 4 4. SYSTEM PRICING (Appendix C to this Agreement). 5. PERFORMANCE BOND (Appendix D to this Agreement). 6. PAYMENT BOND (Appendix E to this Agreement). 7. PREVAILING WAGE RATES (Appendix F to this Agreement). 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 V PAYMENTS A. Prior to submitting its first 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 City representative designated in Article XII. In addition to the amount of payment requested in the Application for Payment, each application 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 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. Contractor shall include with each Application all supporting documentation as City may require. City shall pay Contractor within 30 days of delivery of Contractor's Application and all supporting documentation to City's designated representative, provided all Work and documentation are acceptable to City. Within 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 Administrator. Administrator shall review each application for payment and certify for payment such amounts as Administrator determines are due Contractor. From the total amount certified, Administrator shall withhold five percent as retainage until Substantial Completion of all the Work, as defined in Paragraph F below. The City Treasurer, upon presentation of such certificate, 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 Agreement 5 under Ordinance No. o� t 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. D. Neither Administrator's 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. E. With each Application, 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 payment application 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. F. Contractor's retainage shall not be released until Contractor notifies City's designated representative in writing, and Administrator certifies, that all the Work is Substantially Complete. The Work shall not be deemed Substantially Complete until all specific requirements stated in the Contract Documents for achievement of substantial completion of all the Work have been satisfied and the Administrator determines that all the Work is sufficiently complete in accordance with the Contract Documents so that City can occupy or utilize all the Work for its intended use. Retainage shall be paid to Contractor within 30 days of Administrator's certification that all the Work is Substantially Complete. If there are minor items remaining to be completed after Substantial Completion, an amount equal to 200% of the value of each item, as determined by Administrator, shall be withheld until such items are completed. G. Contractor shall not be entitled to final payment for the Work until Contractor submits an application for final payment, all requirements of the Contract Documents are complied with, and Administrator issues his or her certificate to that effect. City, within 30 days after the delivery of Administrator's 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 application for final payment as claimed by Contractor. All claims not identified in the application for final payment are waived. 1. 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, 4. Reasonable evidence that all Work cannot be completed for the unpaid balance of the Contract Amount, Agreement 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. 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. This provision shall not confer any right upon any subcontractor or supplier to seek payment directly from City. ARTICLE VI CHANGESICLAIMS 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 Appendix C, 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 Appendix C, by a lump sum as to which Contractor and City mutually agree prior to the commencement of performance of the change; or 3. If the Work involved is not covered by unit prices set forth in Appendix C and agreement to a lump sum is not reached, the change shall be performed on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of a net increase in the cost of Contractor's performance, a reasonable allowance on the net increase for overhead and profit, subject to the following: Contractor shall keep and present, in such form as City may prescribe, an itemized accounting of expenditures and savings together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs shall be limited to the following: costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance; costs of materials, supplies, and equipment, including cost of transportation; rental costs of machinery and equipment, exclusive of hand tools, whether rented from Contractor or Agreement 7 others; costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and additional costs of supervision and field office personnel directly attributable to the change. 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. C. 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. D. 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. E. 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 F below. F. 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 seven calendar 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 seven -day period, it shall be deemed waived. G. 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 VII 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, and any architects, engineers, or Agreement 8 other design professionals engaged by or on behalf of City 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 have not less than the following limits: a. Each occurrence $1,000,000.00 b. General aggregate $2,000,000.00 C. Products /completed operations aggregate $2,000,000.00 d. 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, and any architects, engineers, or other design professionals engaged by or on behalf of City 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 e 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 `B +XI" 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 any architects, engineers, or other design professionals engaged by or on behalf of City, 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 Agreement 9 provided to the additional insureds shall apply, without limitation, to injury or damage caused by work included in the products /completed operations hazard. C. Contractor shall maintain the products and completed operations coverage for not less than ten years 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 D, 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 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 limits 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 VII. The certificate or certificates and copies of policies shall be delivered to City's designated representative not less than seven 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, and architects, engineers, or other design professionals engaged by or on behalf of City. 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 VII. Certificates and copies of policies, satisfactory to City, evidencing the required insurance and compliance with this Article VII shall be delivered to City's designated representative not less than seven days before the subcontractor first performs any of the Work. ARTICLE VIII INDEMNITY A. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless City, its employees, officers, and agents, and any architects, engineers, or other design Agreement 10 professionals engaged by or on behalf of City, 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 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 described in this Paragraph A. B. In claims against any person or entity indemnified under the preceding Paragraph A 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 under Paragraph A 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 IX 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 X COVENANT AGAINST 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. 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 X. Agreement I I ARTICLE XI RECORDS REGARDING PAYMENT For a period of at least two 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 XII NOTICES A. The following persons are designated by the respective parties to act on behalf of such party and to receive all written notices and Payment Applications: For City: David Blackburn City Administrator City of Riverside, MO 2950 NW Vivion Riverside, MO 64150 For Contractor: F bdd KA*f 'rolPc� �anaPa�v C 9 C Ciro uo /oo12- Darnel '5f- Lelnna, /<5 1.0�2.16 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 given when it is received at the address stated above for the addressee or at such other address as the addressee may furnish the other party. 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 XIII DEFAULT 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 Agreement 12 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, or (4) abandonment by Contractor of all or any part of the Work, Contractor shall be in default, and if the default is not corrected to City's satisfaction within 72 hours of Contractor's receipt of written notice to correct from City, City may, in addition to any other right or remedy City may have, furnish any necessary labor, supervision, materials, tools, equipment, services, or other items through City or others, to correct the default, at Contractor's expense, or terminate Contractor's right to proceed with performance of any part or all of the Work and take over and complete the performance of such Work, through City or others, at Contractor's expense. 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. 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. ARTICLE XIV TERMINATION FOR CITY'S CONVENIENCE 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 Agreement 13 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 XIV. ARTICLE XV 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. 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 XVI 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. 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) Agreement 14 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 XVII 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 24 hours 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 XVIII COMPETENCE Contractor represents and warrants that it maintains all necessary licenses, registration, competence, and experience to perform all the Work. ARTICLE XIX 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. If any defects in the Work are discovered within one year from final completion of the Work, Contractor shall promptly remedy such defects at its own expense. This obligation shall be in addition to Contractor's obligation to perform its Work properly. Neither final payment, Administrator's final certificate, 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 XIX 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. Agreement 15 ARTICLE XX STORAGE OF MATERIALS AND EQUIPMENT 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. ARTICLE XXI 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. C. 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 fiom 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 XXII INDEPENDENT CONTRACTOR Contractor is an independent contractor, and neither Contractor nor any subcontractors, suppliers, employees, or agents shall be deemed an employee or agent of City for any purpose. ARTICLE XXIII 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. Agreement 16 ARTICLE XXIV BONDS Prior to commencing any Work, Contractor shall obtain from a recognized surety acceptable to Administrator, a performance bond and a payment bond, in the forms at Appendixes D and E to this Agreement. Each such bond shall be for the full Contract Amount. The premium for these bonds is included in the Contract Amount. ARTICLE XXV 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 XXVI NO PRESUMPTION AGAINST THE DRAFTER No presumption or inference against City shall be made because of City's preparation of this Agreement or other Contract Documents. ARTICLE XXVII DISPUTE,SlATTORNEY 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 XXVIII 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. Agreement 17 ARTICLE XXIX 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 VI 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives. tt1 Agreement 18 Appendix A — System Configuration February 21d, 2009 ACCESS CONTROL SYSTEM Software The access control system will be a GE Facility Commander Winx system. This software solution will be installed on a City of Riverside provided server located in the Command and Control center in the Public Works building. Readers and Doors Card readers will be installed on various doors in the Public Safety building, City Hall, and the Community Center. We are providing the HID RP series of card readers that are capable of reading both standard HID proximity cards as well as HID I Class Smart cards. At high security areas in the Public Safety building we will provide a duial tech proximity/keypad reader that will allow officers to enter these areas with either a card or an individual code. Appropriafe electrified door hardware will be installed on card reader doors that are not currently equipped with electrified door hardware. , Exterior doors with panic hardware will be upgraded to electrified versions of the same hardware, Door contacts and audible alarms will be installed on exterior reader equipped door's in the Public Safety building only. Included is a matrix of doors, locations, reader types, and electrified door hardware to cover both existing and proposed configurations. Controllers The flexibility of the GE Facility Commander system provides the ability to support several different door controllers, so that the appropriate sized unit/cost can be utilized in the system design. We will be using the Micro 5PXN Plus controller which can be connected to the Facility Commander server over Ethernet or R8422 at Public Safety and City Hall. It also supports the ability to communicate with each other over both communications path types. This small form controller provides the ability to connect up to 16 doors and have 3 open slots for inputs' and outputs. We have included two Micro 5's for the Public Safety Building. One Micro with two 8RP reader interface boards and a DO to drive visual alarms for the duress system, and the other Micro with one 8RP. This will provide an initial capacity of 24 readers expandable to 32 with the purchase of an additional 8RP board, before needing any additional controllers in Public Safety. City Tull will have one Micro 5 with one 8Rp board. This Micro is currently full, but like Public Safety, an additional 8RP board can be added to this controller to provide 8 additional reader ports for this facility, A Micro PX2000N networked controller will be installed in the elevator control room for the elevator readers. The PX2000N is limited to 4 readers, 10 inputs, and 10 outputs, which are all included. We selected this controller as it has adequate capacity to handle the elevator requirements for this project. A Direct Door 2 Door controller is proposed for the Community Center. This controller is an Ethernet only controller that can control up to 2 reader doors. This controller was selected for this facility, as it is unlikely additional readers will be required in the future. if for some reason additional readers are added in the future, additional Direct Door controllers can be added. DURESS SYSTEM The duress system will integrate into the access control system for the monitoring of duress buttons and the annunciation of strobes. This integration will provide the ability to send duress alarms to specific strobes and provide software control of how the duress buttons and strobes are routed, scheduled, tested, and documented in history files. Wireless duress buttons will be utilized in the Court Room, Alderman Chambers, Administrative office, and the booth in the Community Center. The wireless transmitters can be either mounted or left loose for mobility, and resemble a garage door opener. Initially all buttons will trigger strobes in the PD areas of the Public Safety building. The Aldermans Chambers buttons will also trigger a discreet light in the Alderman Chambers, The administrative office window button will trigger two strobes in the hallway behind this office. This programming and routing can be software changed at any time, and buttons can be easily added, Power for the wireless receivers and strobes will be provided by the access control system. Included is a matrix of button and strobe locations. CCTV SYSTEM The front end system for CCTV will be the American Dynamics Intellex and Video Edge platform. The final configuration will provide a hybrid solution that allows both the use of the existing analog cameras at Public Safety and City Hall, as well as the implementation of IP cameras for new camera locations, Intellex Recorders Two American Dynamics Intellex analog recorders with 2Tb of hard drive capacity each will be installed in existing rack in the technology room in Public Safety. A third Intellex will be provided with a 6Tb RSS unit for the detention area cameras. These three units will be the recording devices and video servers for the 38 existing cameras at Public Safety and City Hall. Two additional cameras will be installed in the detention center for a total of 40 cameras recorded on these units. The system is currently configured so that the 10 detention cameras are recorded on one of the Intellex recorders, so that these critical cameras can managed with higher parameters such as record speeds, resolution, size, and retention periods, All three Intellex units will be connected to the City's network for remote command and control functions via Ethernet. Pelco Switcher A Pelco CM9760 matrix switcher is included to provide pan/tilt/zoom control to these cameras in the system. The CM9760 will communicate to one of the Intellex recorders so that these cameras can be controlled via a keyboard in the Command and Control center and on any network attached client station. Video Edge Recorders An American Dymanics Video Edge recorder will be installed in City Hall and in the Community Center. Each recorder will have I I IP/Networked cameras connected to it. The Video Edge recorders will be connected to the City's network for remote command and control functions via Ethernet. Sofhvare Currently the Intellex recorders and Video Edge products run on different software platforms. The product road map and plan for these two products is to have a single software package. We have designed the command and control center to utilize both software platforms for the initial system configuration and will update the software to the single platform as soon as it is released by the manufacture (American Dynamics), as a part of this proposal. Monitoring Locations The initial design for the monitoring locations is as follows: 1. Public Safety Command and Control a. One video client for Intellex connected to Two 42" wall mount monitors for multi screen display, and Two 17" desk monitors for camera call up and specific camera surveillance in greater detail. b. One video client for Video Edge connected to Two 42" wall mount monitors for multi screen display, and Two 17" desk monitors for camera call up and specific camera surveillance in greater detail. 2. City Hall a. One video client for Intellex connected to 17" desk monitor for multi screen display of the existing analog cameras in City Hall b. One video client for Video Edge connected to 17" desk monitor for multi screen display of proposed IP cameras in City Hall 3. Community Center a, One video client for Video Edge connected to a 17" desk monitor for multi screen display -of proposed IP cameras in the Community Center Included is a system diagram showing the video servers, client workstations, LCD monitors, and equipment locations. Existing PanffittlZoom Cameras The existing P/TIZ cameras at Public Safety are a Panasonic coax only controlled dome. The P/TIZ cameras in City Hall are Pelco 422 controlled domes. The Panasonic domes in Public Safety will be replaced with Pelco coax controlled domes so that the existing cabling and power supplies can be re -used: The - Pelco domes at City Hall will remain, so that when the project is complete all the dome cameras at City Hall and Public Safety are Pelco. Existing Fixed Cameras All of the existing fixed cameras at Public Safety and City Hall will be re -used and connected to the new system head end. Public Safety Proposed Fixed Cameras Two new cameras will be provided for Public Safety and are both located in the detention area. One will be located at the booking desk and will be zoomed into the counter to document property exchange, The other camera will be located in the evidence area to document evidence handling. Both of these cameras will be analog cameras and connected to the proposed Intellex recorders in the Technology Closet. Both will be Pelco fixed mini -dome cameras, City Hall Proposed Fixed Cameras The 11 new fixed cameras proposed for City Hall will all be fixed IP mini domes with vari -focal lenses. The cameras will record a Video Edge recorder located in City Hall and will transmit to the recorder in MJPEG compression for better quality video then MPEG4 technology. The cameras are all capable of up to 30 IPS at VGA resolution. The varifocal lenses will provide the ability to adjust the cameras field of view once installed for optimal viewing areas. Community Center Proposed Cameras The 10 fixed cameras for the Community Center will be fixed IP mini domes with vari-focal lenses. These 10 cameras will be provided in the vandal resistant version with high impact dome covers and metal casings. The cameras will record on a Video Edge recorder located in the Community Center and will transmit to the recorder in MJPEG compression for better quality video then MPEG4 technology. The cameras are all _ . capable of up to 30 IPS at VGA resolution. The varifocal lenses will providethe ability to adjust the cameras field of view once installed for optimal viewing areas. The exterior fixed cameras will be equipped with day /night function for low light surveillance and are equipped with heaters and blowers, The PTZ camera viewing the pool area will be a Sony IP PTZ dome mounted in an American Dynamics Environmental Housing. This dome was selected for compatibility with the Video Edge recorder in the Community Center. INTERVIEW ROOM RECORDING Camera — A high quality mini dome camera will be utilized with a vari -focal lens, so that image quality can be improved along with providing a more appropriate field of view on the recordings. An IP camera with dual output will be installed so it can be connected to existing or proposed recording equipment and could also be connected to the building network for viewing on any connected PC (connection not included). 1Vllerophone— The current microphone is in the small camera housing in the corner and does not provide good quality audio. A wall mounted Louroe microphone will be installed at or about interview table level. The microphone will look like a stainless steel blank switch plate cover with a small hole drilled into the face plate. Recording— The current recording system is done on .Panasonic .combination - DVR/DVD players that are consumer grade units. We will upgrade to the Sanyo CIMM system, which includes both a DVR and a networked software package for storing, retrieving, and assembling electronic case files for all types of electronic media for a case. This could include the interviews, field taken audio recordings, word documents, pdf files, spreadsheets, etc. The C1MM system can be re- configured to turn on the recorder and the interview room red light with the flick of a switch, making use of the system that simple. If the light is on, you are recording, if it is out, you are not. 7 PLC SYSTEM REPLACEMENT The existing PLC system will be removed from the technology closet and devices connected to the access control system with the existing cabling, The proposed access control system controllers will be mounted in the existing PLC cabinets, and the existing cabling for open/close /stop and interlocks for the overhead, sallyport, detention slider,. and currently connected pedestrian doors will be connected to the card access system for control and monitoring. A map or graphical control panel will be created in the proposed access control system for a graphical control screen for these doors. An interlock circuit for the sally port overhead doors and pedestrian doors and detention slider door will be installed so that only one of these doors can be operated at a time. A wire will be installed from the controller location through existing conduit to the parking gate in the lot for control. 9 d � d � c`b o u � a N O q d a 4 O o b d X zu� � G .......... 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Three IntelexDVR 's— Technology Room —3 Connections 3. GE Facility Commander Server— Command and Control — I Connection 4. Two ADNideo Edge Clients — Command and Control — 2 Connection 5. Micro PX2000N — Elevator Control Room -1 Connection 6. Optional Interview Room Systems — Up to 5 Connections 7. 120Vac will be required at the North Entrance and Garage entrance to power the electrified panic hardware 8. C &C Group assumes conduit to gate is not crushed or damaged and that a cable can be pulled through. If this conduit is not usable, the cost to add or install a new conduit is not covered by this contract. (PLC System) 9. If a map is to be used on the graphical interface, an electronic version will need to be provided for C &C to import into the system. (PLC System) City Hall 1. Micro 5PXN Plus Controller — Location not determined —1 Connection 2. AD Video Edge Server — Location not determined -1 Connection 3. AD Intellex Client — Courts Pay Window Area — I Connection 4. AD Video Edge Client— Courts Pay Window Area— 1 Connection 5. AD Video Edge Client — Administration Window Area —1 Connection 6. 120Vac will be required at the optional main entrance to power the electrified panic hardware Community Center 1. Direct Door Controller— Behind Kitchen Area -1 Connection 2. AD Video Edge Server— Office Booth Area —1 Connection 3. AD Video Edge Client — Office Booth Area —1 Connection 4. Exterior PTZ Pool Camera —120 Vac Power Only 5. 120Vac will be required at the main entrance to power the electrified panic hardware Computers /Servers /Monitors The computers and servers for the project will be provided by the City of Riverside to meet the specifications provided by C &C Group for each server, Computers /Servers required arc as follows: 1. Two computers for AD Network Client— CCTV 2. Three computers for AD Video Edge Client — Two Video Edge IP servers are included as a part our proposal 3. One server for GE Facility Commander Winx 4. Optional computer for Imaging system option 5. LCD Video monitors for all PC's above — Recommend minimum 19" 6. Four large LCD monitors for Command and Control multi camera displays to be wall mounted— Recommend 42 ".monitors 7. Optional computer for interview room recording system CIMM Computers /servers must be configured to meet minimum system requirements. Programming Programming of card holders and card holders access privileges is excluded from the proposal. C &C will program device definitions, system parameters, timing, linking, and scheduling. Eight hours of system operation training is included with the project. Existing Infrastructure C &C Group will reuse the existing cameras, cabling, fiber optics, electrified door hardware, power supplies, etc., for support and connectivity of these devices to the new systems. Fire Panel Interface Proposal assumes that there is a fire panel interface already in place for the current maglock doors on the main level in the Public Safety Building. The Sally Port doors will not require this connection. 1 Appendix C - System Pricing February 2° 2009 Access Control System SOFTWARE • 1 GE WX70PRO- 16CAPMiCFacilityCommanderWinx (16Reader) $ 316.88 + 1 GE WXRDRKIC- 0064CAPLisc 16 reader to 64 reader capacity $ 975.00 + 1 GE Softt Maint 1 Year Software Support Agreement $ 718.75 MICRO CONTROLLERS • 3 GE M5PRMSP Micro 5PNX Plus Controller $ 5,850.00 • 4 GE 110I00501 8RP Reader Interface Board $ 4,265.65 + 1 GE 110072003 20 DI Digital Input Board $ 402.19 + 2 GE 110078001 16DOR Digital Output Board $ 1,170.00 + 6 Altronix SMP10 Micro and Hardware Power Supplies $ 2,250.00 + I GE DD1FC Direct Door Controller $ 936.00 • I Altronix SMP3 Door Hardware Power Supply $ 312.50 + I GE M2PMSPI Micro 2000PXN Controller $ 1,852.50 • I Elevator Interface Enclosure &Relays $ 81.25 READERS • 13 HID RP40 Dual Tech Proximity Reader $ 2,518.75 + 16 HID RPK40 Dual Tech Prox/Keypad Reader $ 3,500.00 • 3 I41D RP15 Dual Tech Mullion Mount Reader $ 543.75 • 32 GE 430160001 WIU 4 Wiegand Interface $ 2,535.20 0 29 Eno 1 WIU4 Enclosure $ 725.00 EGRESS DEVICES • 3 Kantech TREX Egress Motion Detector $ 243.75 • 2 Securiteon EEPB2 Egress Button $ 237.50 • 8 GE 1078C Door Contacts Public Safety $ 60.00 PANIC ALARM SYSTEM + 4 Linear DXR701 Single Ch Wireless Receiver $ 180.00 • 7 Linear DXT21 Wireless Transmitter $ 196.88 0 5 Revere RSTIO Strobe and 1 Discreet Lamp $ 103.75 WIRING • 7 Windy 2PR/22 Communications Cabling $ 1,531.25 + 9 Windy IPR/l8 Interconnect Cabling $ 1,687.50 + 3 Windy CATS Network Cabling $ 562.50 OPEN /CLOSE BUTTONS • 2 3 Button Open/Close/Stop $ 87.50 INSTALLATON & SUPPLIES + I Laboi- Installation, Engineering, Testing & Training $ 28,998.20 • 1 Installation Supplies (connectors, jumpers, hardware) $ 1,678.76 • 1 Sub - Contractor Schumacher Elevator Interface $ 6,250.00 Total - Project Cost (requires project tax exempt certificate) ------ $ 70,770.00 1 Electrified Door Hardware Options The base bid pricing covers the cost of install electric strikes on all doors that do not currently have electrified door hardware with the exception of two exterior doors in Public Safety and the main entrance to the Community Center which will be equipped with electrified panics. The Main entrance to City Hall, stair door in Public Safety, and interview rooms in Public Safety are priced separately. Project scope includes the removal of existing Prox Key units from the doors, cover them with blank plates, and provide new mechanical door hardware to replace these units. Access Cards and Tags There are numerous options for cards that can be used for the system. The.l class 2k smart card and key fob will wil be provided with this project in a quantity of 100 each. The proposed card readers can read HID's smart cards and standard 125kHz HID so that technologies can be mixed and matched and utilized all at the same time. ICLASS SMART CARDS ° 100 HID 2000PGGM Iclass Contactless Smart Card $ 345.00 2k Memory, Dual Sided Printing Matching #'s, No Slot Punch 100 HID ICLass 2k Key Fob $ 450.00 No Numbers P1 COMMUNITY CENTER 1 Main Ent -2 Panics,Back - Strike $ 4,777.00 PUBLIC SAFETY ' I Base Project ReUse Exist Locks $ 6,950.00 ° I Replace Prox Key Levers w/Mechanical $ 5,335.00 CITY HALL ° 1 Base Project ReUse Exist Locks $ 3,130.00 ° 1 Replace Prox Key Lever w/Mechanical $ 4,478.00 Total - Project Cost (requires project tax exempt certificate) ------ $ 24,670.00 Access Cards and Tags There are numerous options for cards that can be used for the system. The.l class 2k smart card and key fob will wil be provided with this project in a quantity of 100 each. The proposed card readers can read HID's smart cards and standard 125kHz HID so that technologies can be mixed and matched and utilized all at the same time. ICLASS SMART CARDS ° 100 HID 2000PGGM Iclass Contactless Smart Card $ 345.00 2k Memory, Dual Sided Printing Matching #'s, No Slot Punch 100 HID ICLass 2k Key Fob $ 450.00 No Numbers P1 CCTV System 3 DVR's & LIENT CONTROL + 2. AD ADD600ULP200 Intellex Ultra DVR 2TB $ 20,431.25 + 1 AD ADD600URP Intellex Ultra DVR with 6TB RSS $ 22,334.00 + I AD AD2089 Control Keyboard $ 1,109.38 • 3 AD ADDSNCVMK Network Client with Keyboard $ 1,865.40 • I AD RDVUSB23201 USE to 232 Converter $ 46.88 + 1 AD ADACKBPC2000 Keyboard to PC Connection Kit $ 2.88 NVR VIDEO EDGE + 22 AD VX -SRV- STN -CLI Video Edge Software $ 6,875.00 + 3 AD TT -VXC -STN VX Client Sollware Lis $ 618.75 + I AD VZ- SRV -YMC 12 Month Software Maint $ 1,348.88 + 2 Dell PwrEdge 860 Doll Server Configured for Video $ 4,035.00 + 2 AD ADRSSO48TBHS Raid Storage for IP Recorders $ 17,750.00 + 2 Linksys LNK- SRW224G4P Layer 2 Managed Switch POE $ 1,125.00 PTZ CONTROL • 1 Pelco CM9760 16x4 Matrix Switcher $ 4,797.00 • 1 Falco CM9760CXTA Coaxitron Translator $ 1,274,00 + I Pelco CM9760 -KBD Matrix Keyboard $ 1,294.00 PUBLIC SAFETY CAMERAS + 5 Felon SD4CBW -PG -El Spectra Dome Env Pend 23X Day/Night $ 12,105.00 • 3 Pelco SD4 -WI Spectra Mini Dome SOX $ 2,778.00 + 3 Pelco SWM4 -W Spectra Mini Wall Mount $ 138.00 • I Pelco ISC090 -CRV22 Fixed Dome 9 -22mm Lens $ 308.00 + I - Polco ISC090 -CHV9 Fixed Dome 3 -9mm Lens $ 308.00 CITY HALL CAMERAS + 11 AXIS 216FD IF Mini Dome 2.8 to 1 Omm $ 7,977.34 COMMUNITY CENTER CAMERAS + 7 AXIS 216FD -V IF Mini Dome Vandal Resistant $ 5,293.75 + 3 AXIS 225FD IP Mini Dome Day/Night Environmental $ 3,420.64 • 1 AD /Sony ADCIPRZ30N IP Day/Night PTZ Dome $ 1,836.00 + I AD ADCHONS7CI Outdoor Env Pendant Dome Clear $ 550.00 + 1 AD WM200 Dome Goose Neck Wall Mount $ 93.75 + 1 AD ADSPOT Dome Heater Blower Power Supply $ 109.38 + I Altronix ALTV248 Camera Power Supply Ext Cameras $ 112.50 WIRING + 6 Windy CATS Network Cable $ 1,125.00 + I Windy 1PR/18 Interconnect Cable $ 156.25 INSTALLATION SUPPLIES & LABOR + I Labor - Installation, Engineering, Testing & Training $ 29,256.00 + 1 Installation Supplies (connectors, jumpers, hardware) $ 2,050.00 Total - Project Cost $ 152,525.00 3 Interview Room Readers • 2 HID RPK40 Dual Tech Prox/Keypad Reader $ 437.50 • 2 GE 430160001 WIU4 Wiegand Interface $ 158.45 • 1 Windy 2PW22 Comm Cable $ 45.00 • i Windy 1PR/18 Interconnect Cable $ 25.00 • 2 GE Encl WIU 4 Enclosures $ 50.00 • I Labor - Installation, Engineering, Testing & Training $ 736.00 • 1 Installation Supplies (connectors, jumpers, hardware) $ 30.00 • 1 Sub - Contractor Door Controls Electrified Door Hardware $ 573.05 Total - Project Cost (requires project tax exempt certificate) ------ $ 2,055.00 City Hall Front Door Reader • 1 HID RPK40 Dual Tech Prox/Keypad Reader $ 218.75 • 1 GE 430160001 WIU4 Wiegand Interface $ 79.23 • 1 Windy 2PR/22 Comm Cable $ 43.62 • 1 Windy IPR/18 Interconnect Cable $ 25.00 • 1 GE 8" 8 Reader Board Interface $ 1,066.40 • I Eric 1 WIU 4 Enclosure $ 25.00 • 1 Tabor - Installation, Engineering, Testing & Training $ 1,288.00 • 1 Installation Supplies (connectors, jumpers, hardware) $ 90.00 • 1 Sub - Contractor Door Controls Electrified Door Hardware $ 4,404.00 Total - Project Cost (requires project tax exempt certificate) ------ $ 7,240.00 11 Interview Room Recording Devices SOFTWARE • I Sanyo VA- CIMMMIP Primary Site Use (CIMM Software) $ 1,329.00 • 2 Sanyo VA- CIMMIS Single DVRtisc $ 1,595.00 + 1 Windy CATS Cable to Riverside Network $ 94.00 + I C &C + 1 Installation, Programming, Training $ 1,472.00 $ 216.66 Total Project Cost (requires project tax exempt certificate) ------ $ 4,490.00 7,973.30 + I Installation Supplies (connectors, jumpers, hardware) DVR RECORDING 173.30 + 2 Sanyo DSR- M8101160 6000b MPRG2 Recorder $ 3,699.00 • I C &C Installation, Programming, Training $ 736.00 Total Project Cost (requires project tax exempt certificate ) - - - - - - $ 4,435.00 MICROPHONE • 2 Louroe Verifaet D Walt Plate Microphone $ 232,50 • 2 Louroe IF -t Microphone Interface $ 197.50 • I 'C &C Installation, Testing $ 740.00 Total Project Cost (requires project tax exempt certificate ) - - - - - - $ 1,170.00 IP /COMP CAMERA • 2 Sony SNC -DF40N Mini Dome withlP /Audio $ 1,450.00 • 2 C &C Cable & Connectors $ 175.00 • 1 C &C Installation, Programming,. Training $ 735.00 Total Project Cost (requires project tax exempt certificate) ------ $ 2,360.00 PLC System Replacement • 3 GE 11007800116DOR Relay Interface Board $ 2,028.08 + i GE 11007200320DI Digital Input Board $ 464.77 + 1 Hoffman Encl i Enclosure $ 50.56 • 4 Omron RI 12Vdc DPDT Relay $ 173.34 + 1 Windy IPR/18 1PR/18Interconnect Cabling $ 216.66 + I Labor - Installation, Engineering, Testing & Training $ 7,973.30 + I Installation Supplies (connectors, jumpers, hardware) $ 173.30 Total - Project Cost (including tax where applicable) ------ $ 11,080.00 5 PROJECT PRICING SUMMARY Access Control Access Control System $ 70,770.00 Door Hardware Base Option $ 24,670.00 Total Access Control System $ 95 440.00 City Hall Front Door $ 7,240.00 Interview Room Doors $ 2,055.00 Card Options (Quantity 100 each) I -CLass 2k Smart Card PVC $ 345.00 I -Class 2k Key Fob $ 450.00 CCTV CCTV System $ 152,525.00 Interview Room Options CIMM Software $ 4,490.00 DVR's for Recording $ 4,435.00 Microphones $ 1 IP Camera $ 2,360.00 Total Interview Room IP Camera Based $ 12,455.00 PLC System Replacement PLC System Replacement $ 11080.00 Total Project Cost (requires project tax exempt certificate) $ " "�,,q a 0 $ ,;Z£38> 54v , o( 3 11 Bond #M0055705 APPENDIX D — PERFORMANCE BOND FOR THE FAITHFUL PERFORMANCE of each of the terms and stipulations of the AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR, dated July 24 , 2009, designated Ordinance No. 2009 -46, in every particular, C &C Sales, Inc. dba C &C Group as Principal, and Merchants Bonding Company (Mutual) as Surety, hereby bind themselves and their respective heirs, executors, administrators, successors, and assigns, unto the City of Riverside, Missouri, in the penal sum of Two Hundred Eighty -Eight Thousand Five Hundred Ninety and no /100 ($288,590.00) lawful money of the United States, conditioned that in the event Principal shall faithfully and properly complete the Work required by the Contract Documents described in the Agreement and perform all of its obligations and duties pursuant to the terms of the Contract Documents, including, without limitation, all warranty obligations and duties and including those under which Principal agrees to pay the prevailing hourly rate of wages for each craft or type of worker required to execute the Work 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 290.210 to 290.340 and 290.550 through 290.580, inclusive, of the Revised Statutes of Missouri, then this obligation to be void, otherwise to remain in full force and effect. 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 way 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. Agreement - Appendix D Page I C &C Sales, Inc. dba C &C Group SCHIFMAN, REMLEY & ASSOC., INC. 5201 JOHNSON DR. #500 MISSION, KS 66205 013- 831 -1777 RINCIPAL BB o I � iL{ L (Signature) Printed Name: Title; Date: Merchants Bonding Company (Mutua SURETY By: 64�2':z (Signature)- Printed Name: Rarhara Tal t Title: Attorney -in -Fact Date: July 29, 2009 SURETY POWER OF ATTORNEY MUST BE ATTACHED Agreement - Appendix D Page 2 MERCHANTS BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Kevin D. Kalish, Deborah A. McClendon, Gary A. Remley, William M. Schifman, Barbara Tatty, Rosanna R. Dabler, Joyce A. Tenold of Mission and State of Kansas Its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in Its name, place and stead, to sign, execute, acknowledge and deliver In Its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of'. SEVEN MILLION FIVE HUNDRED THOUSAND ($7,500,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as If such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of- Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002. ARTICLE II, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and other writings obligatory in the nature thereof. ARTICLE 11, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by Its President and its corporate seal to be hereto affixed, this 1st day of April , 2009. MERCHANTS BONDING COMPANY (MUTUAL) 9�9 • Vj 1933 By ..•� \.• STATE OF IOWA �•..... • • President COUNTY OF POLK ss. On this 1st day of April 2009 , before me appeared Larry Taylor, to me personally known, who being by me duly swom did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of Its Board of Directors. In Testimony Whereof, 1 have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. c CINDY SMYTH ± Commission Commission E Eros /UU7 My Commission Expires March 16, 2012 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, Wlllam Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF- ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in full force and effect and has not been amended or revoked, 4 In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this IN day of 9,/ POA 0001 (1/09) ,'m: o� qp'• 2'• ;4?:- - o - o 3� •z: 1933 ......... . Secretary Bond IIM0055705 APPENDIX E — PAYMENT BOND C &C Sales, Inc. dba C &C Group and the CITY OF RIVERSIDE, MISSOURI, have entered into an Agreement dated J uly 24, Ordinance No. 2009 -46. C &C Sales, Inc. dba C &C Group Merchants Bonding Company (Mutual) 2009, designated as Principal, and as Surety, hereby bind themselves and their respective heirs, executors, administrators, successors, and assigns, unto the City of Riverside, Missouri, in the penal sum of Two Hundred Eighty -Eight Thousand Five Hundred Ninety and no /100 ($288,590.00) lawful money of the United States, conditioned that 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. 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 Agreement — Appendix E Page l 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. SCHIFMAN, REMLEY & ASSOC:, INC. 5201 JOHNSON DR. #500 MISSION, KS 66205 913 - 831 -1777 C &C Sales, Inc. dba C &C PRINCIPAL, (Signature) Printed Name: Pct i o .S¢r-�/_,., Title: Date: Merchants Bonding Company (Mutual) SURETY� / By: �-Jav4� (Signature) Printed Name: Barbara Talty Title: Attorney-in -Fact Date: July 29, 2009 SURETY POWER OF ATTORNEY MUST BE ATTACHED Agreement — Appendix E Page 2 WORK AUTHORIZATION AFFIDAVIT STATE OF COUNTY OF ) SS. I, , state the following under oath: 1. I am the of C & C Sales, Inc. dba C & C Group ( "Contractor ") and have authority to make this Affidavit on behalf of Contractor. 2. I make this Affidavit in connection with a contract ( "Contract ") between the City of Riverside, Missouri, and Contractor for a project referred to as "Security Enhancements/Public Safety, City Hall, Community Center." I have personal knowledge of the facts stated in this Affidavit. 4. In this Affidavit, the terms "federal work authorization program," "employee," "knowingly," and "unauthorized alien" have the same meanings as they do in Section 285.530.2 of the Revised Statutes of Missouri. 5. Contractor is enrolled in a federal work authorization program and shall continue to participate in the program with respect to the employees working in connection with the services covered by the Contract. 6. Contractor does not and shall not knowingly employ any person who is an unauthorized alien in connection with the services covered by the Contract. 7. Attached to this Affidavit is documentation of Contractor's enrollment in a federal work authorization program with respect to the employees who will work in connection with the services covered by the Contract. Signature Printed Name Subscribed and sworn to before me this _day of Notary Public My commission expires: Work Authorization Affidavit MERCHANTS BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having Its principal office In the City of Des Moines, County of Polk, State of Iowa, halh made, constituted and appointed, and does by these presents make, constitute and appoint Kevin D. Kalish, Deborah A. McClendon, Gary A. Remley, William M. Schifman, Barbara Talty, Rosanna R. Dabler, Joyce A. Tenold of Mission and State of Kansas Its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver In its behalf as surety any and all bonds, undertakings, recognizances or other written obligations In the nature thereof, subject to the limitation that any such Instrument shall not exceed the amount of. SEVEN MILLION FIVE HUNDRED THOUSAND ($7,500,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of- Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002. ARTICLE II, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by Its President and its corporate seal to be hereto affixed, this tat day of April , 2009. MERCHANTS BONDING COMPANY (MUTUAL) STATE OF IOWA COUNTY OF POLK as. .a .t By /-f 77esident On this tat day of April 2009 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said Instrumentwas signed and sealed In behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seat at the City of Des Moines, Iowa, the day and year first above written. STATE OF IOWA COUNTY OF POLK as. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a two and correct copy of the POWER -OF- ATTORNEY executed by sald MERCHANTS BONDING COMPANY (MUTUAL), which Is still in full force and effect and has not been amended or revoked. y� V� In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this�`� day of � //q Z"o_, POA 0001 (1/09) ' 6 '• 1933 r e: ee Z:, , Secretary r T- Numbe 1 Co m ' ew My Commission Expires March 16, 2012 VVV Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK as. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a two and correct copy of the POWER -OF- ATTORNEY executed by sald MERCHANTS BONDING COMPANY (MUTUAL), which Is still in full force and effect and has not been amended or revoked. y� V� In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this�`� day of � //q Z"o_, POA 0001 (1/09) ' 6 '• 1933 r e: ee Z:, , Secretary Form -9 FomnW Request for Taxpayer Give form to the (Rev. October 2007) Identification Number and Certification requester. Do not eepatlment of the Treasury send to the IRS. Internal Revenue aeMce Name (as she= on your Income tax return) C &C Sales, Inc W Business name, If different from above a C C &C Croup o. o Check appropriate box: III IndividuaVSole proprietor ❑✓ Corporation El Partnership B` F] Umfted liability company. Enter the tax classification (D= disregarded entity, C= corporation, P= partnership) ► ------- _ Exempt ❑ payee o ° ❑ Other (see instruotlorx) ► Address Requester's (number, street, and apt. or suite no.) name and address (optional) lL o 10012 Darnell St. Remit to: PO Box 214565 City, state, and ZIP code o Lenexa, KS 66215 Kansas City, MO 64121 A List account number(s) here (optional) Taxpaye Identific Numbe ( TIN ) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid Social security number backup withholding. For Individuals, this Is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I Instructions on page 3. For other .....ties, it Is your employer identification number (EIN). If you do not have a number, see Now to get a TIN on page 3. or Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. 48 ; 0816450 Under penalties of perjury, I certify that: 1. The number shown on this form Is my correct taxpayer identification number (or I am wafting for a number to be Issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out Item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the Instructions on page 4. Here I U.S. pe son / //Y iL /k M1 Date 0- ( � General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (Tiff to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W -9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W -9 to request your TIN, you must use the requester's form if It Is substantially similar to this Form W -9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized In the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined In Regulations section 301.7701 -7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W -9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W -9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W -9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business In the United States is in the following cases: e The U.S. owner of a disregarded entity and not the entity, Cat. No. 10231X Form W -9 (Rev. 10 -2007) ACORn CERTIFICATE OF LIABILITY INSURANCE OPIDDR °R °°"OO 1 C3CSA -2 08/04109 FROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION TYPEOFw URARm ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE R E Miller Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 373 W. 101st Terr, Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES B ELOW . J GE!!vR+i uASlury Kansas City MO 64114 Phone: 816 - 333 -3000 Fax: 816- 822 -1634 INSURERS AFFORDING COVERAGE NAIC# wsuasD IxsuREnn X wsDxExa 19096 08/01/09 08/01(10 WVAGE TO .1. FOc'SES(E— ) C s C Sales, Inc. wsuRER D_ 10012 Darnell Street Shawnee Mission KS 66215 .slmERe COVERAGES mE POLICIES OF IreuuvcE LISTED BEimv RovE BEEN IswE D SO rJa: wsu RED xAi�.ED asare Pw mE Pala PEeoD wvcaTE D. norvmsTA�,n'�xc Roll .TE ORCOOIROIOFANYWNIMCTOROmERVOEVh !ENr NRX RESPEGTTONH TXS CERTFlCAIE BE6 DGR .. TP141XEINSURI. YCEaFEORDEOBYTIEPOLIOFSDESERHED XFAEI! i6511B1ECTiDµLTNETFAA !$EXCW501i50. \O<Oh9111CN5...C. P OES. AGGRoGTZLL TCSHO VAYR ME DVCEDDYP0.DetA.RAS. .50. LT 'SAD TYPEOFw URARm PODEYNV4BFA pOLKY FFFECl1YE DATERALWOOf) PoDCYESSpl10X ..0 G9d Riverside MO 64150 O.AT. J GE!!vR+i uASlury uc X DCCURRQ:cE $ 1,000,000 A X X Ea!ssEnwLGENERUws'urr TRJ Z91 952476 029 08/01/09 08/01(10 WVAGE TO .1. FOc'SES(E— ) s 300,000 uSO EU:Ayo�mpssa,r s 10,000 ati^u D.mE oc<uR Puuav SAw y $ 1,000,000 GFVERU.AGGRSwre s. 2,000,000 GENLAGGREGgTELLVRpPpIJEGpFR PRODVEiS- CpYA'OpAGG s 2,000,000 poucr X iE Loc Emp Ben. 1,000,000 A X AVIOVOBIIE IIPORrtY AwAmD ASKZ91452476019 08/01/09 08/01/10 ca!D�eD SNGLELanr� � Eaatl " r 51,000,000 X eooivlNnRY rvd r'^-O"� 5 Auon.EDAUras scxEDwFDn»ros BODIYIYJVRY (PUazEw� 5 IeRFDAJnos NONQt'vFDa1R05 PROPERWO.GE (Pda�+wU 5 DARAGE UaB!urY u1rOOr:LY- EAACC ➢EM S oilfrRrR3v a AUTO - 5 PRTOOi4Y: AGG acESSVeDRELUUABnm EuR OCCURRErcE $ 5,000,000 e X X occuR �cuem DARE 9KO8000743 08/01/09 08/01/10 aGGREGam s5,000,000 s s t X aE.Exnon $ NIEPSCWPFNSAPONAND X WCBTPTF OLW roRruvHs A FaP PROPR TM 9 Aw PaoPRiETORPU1mER.EUCUmF WCKZ91952476039 08/01/09 08/01/10 EL EacxunDENr $ 1,000,000 E�DSEasE -Ea En!PLOVEE s 1,000,000 osFlcFax!ESaEx ExcLUDEm ur- s.emoul..�eea FE DSEasE- PDUCwery s 1,000,000 aPEaa. Paovso >seeor OmER Es[R MNOFOPFM OA/LO ONSI ENCLESIEx IONSADDEDRYEFn SML ISPECULPROVwoxs SEE ATTACHED CERTIFICATE HOLDER CANCELLATION RIVEROl axou!n ANVOFmEAGOVEDESwsED wucffs BE w :cELLEDBEPOREmEEwwnTwx DaremEREOF,TXESSDw'o wsLwEavmLENDFAwRTD DAR 30 DAVSnmrtEx N areE TD mE cERUEIUr E xD Lopa xAVED To TIC LEPT. our FpnwE To Do so sxau City Of Riverside 2950 MW ulvlon - IYPOSE NOODLJOp}pN O0.LU9RRYOFAHY WNV VPONTIE WSVRFR .IISAGENr50R Riverside MO 64150 O.AT. J ACORD 25 (2001108) © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.