17-068.01 Evco Sound & Electronics: City Hall Council Chambers Audio Visual Installation CONTRACT AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF
SPOKANE VALLEY AND EVCO SOUND AND ELECTRONICS,INC
Spokane Valley Contract#17-068.01
For good and valuable consideration,the legal sufficiency of which is hereby acknowledged, City and the
Consultant mutually agree as follows:
1. Purpose: This Amendment is for the Contract for services to install the Audio/Visual systems in
Council Chambers in the new City Hall, including all labor, materials, tools, transportation services,
supervision, coordination, etc. necessary to compete the installation by and between the Parties, executed
by the Parties on May 25, 2017, and which terminates on July 31, 2017. Said contract shall be referred to
as the "Original Contract" and its terms are hereby incorporated by reference. Total compensation under
the Original Contract is not to exceed$238,051.61,which includes Washington State sales tax.
2. Original Contract Provisions: The Parties agree to continue to abide by those terms and conditions of
the Original Contract and any amendments thereto which are not specifically modified by this
Amendment.
3. Amendment Provisions: This Amendment is subject to the following amended provisions, which are
either as follows. All such amended provisions are hereby incorporated by reference herein and shall
control over any conflicting provisions of the Original Contract, including any previous amendments
thereto.
Reference to "Consultant:" All references in the Original Contract to "Consultant" shall be
modified to"Contractor."
Section 2. Term of Contract is modified as follows:
This Agreement shall be in full force and effect upon execution and shall remain in effect
until completion of all contractual requirements have been met as determined by City.
Contractor shall complete its work by July 31, 2017 September 30, 2017, unless the time
for performance is extended in writing by the Parties.
Section 4.Payment is modified as follows:
Contractor shall be paid monthly upon presentation of an invoice to City. Applications
for payment shall be sent to the City Finance Department at the below-stated address.
Pursuant to chapter 60.28 RCW, five percent of the compensation due Contractor shall be
retained by City. City reserves the right to withhold payment under this Agreement for
that portion of the work (if any) which is determined in the reasonable judgment of the
City Manager or designee to be noncompliant with the Scope of Services, City standards,
City Code, and federal or state standards.
1
New Section 24.Prevailing Wages on Public Works is added as follows:
Contractor, any subcontractor, or other person doing work under this Agreement, shall
comply with the requirements of chapter 39.12 RCW, and shall pay each employee an
amount not less than the Prevailing Rate of Wage, as specified by the Industrial
Statistician of the Washington State Department of Labor and Industries ("L&I"). If
employing labor in a class not shown, Contractor shall request a determination of the
correct wage rate for the class and locality from the Industrial Statistician. Contractor
shall provide a copy of any such determinations to City.
Before commencing, during, and upon completion of the work, Contractor shall file all
forms and pay all fees required by L&I and shall indemnify and hold City harmless from
any claims related to its failure to comply with chapter 39.12 RCW.
The following information is provided pursuant to RCW 39.12.030:
A. State of Washington prevailing wage rates applicable to this public works
project,published by L&I, are located at the L&I website address:
https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx
B. This Project is located in Spokane County.
C. The effective prevailing wage date is the same date as the bid due date as
referenced in the original request for bids and as may be revised by addenda.
A copy of the applicable prevailing wage rates is also available for viewing at the City
Public Works Department located at 11707 East Sprague, Suite 106, Spokane Valley,
WA 99206. Upon request, City will mail a hard copy of the applicable prevailing wages
for this project.
New Section 25. Warranty is added as follows:
Unless provided otherwise in the Contract Documents, Contractor warrants that all Work
and materials performed or installed under this Agreement are free from defect or failure
for a period of one year following final acceptance by City, unless a supplier or
manufacturer has a warranty for a greater period, which warranty shall be assigned or
transferred to City. In the event a defect or failure occurs in work or materials,
Contractor shall, within the warranty period, remedy the same at no cost or expense to
City. This warranty provision shall not be construed to establish a period of limitation
with respect to Contractor's other obligations under this Agreement.
2
New Section 26. Contractor to Be Licensed and Bonded is added as follows:
Contractor shall be duly licensed, registered, and bonded by the State of Washington at
all times this Agreement is in effect.
New Section 27. Contractor to Provide Performance and Payment Bonds is added as follows:
Contractor shall provide a payment bond and a performance bond in the full amount of
the Agreement on the City's bond forms.
A copy of the performance and payment bonds shall be provided with this Amendment.
4. Compensation Amendment History: This is Amendment #1 of the Original Contract. The history of
amendments to the compensation on the Original Contract and all amendments is as follows:
Date Compensation
Original Contract Amount May 25, 2017 $238,051.61
Amendment#1 —bond costs August30, 2017 $ 3,571.00
Total Amended Compensation $241,622.61
The parties have executed this Amendment to the Original Contract this 30 7) day of August, 2017.
CIT SOF QS�POKANE VALLEY: CONT CTOR:
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Mark Calhoun By: ,j
City Manager Its: /" Ye5;dovt T
ATTEST: APPROV D AS TO FORM:
Christine Bainbridge, City Clerk Office o the City Attorney
3
�okane
O.
BOND NO: 106770064
CONTRACTOR'S PERFORMANCE BOND
to City of Spokane Valley,Washington
The City of Spokane Valley,Washington,in Spokane County,has awarded to Evco Sound and Electronics,Inc.(Contractor),as
Principal,a contract for the construction of the project designated as New City Hall Council Chambers AV System,Project No.
0246 in Spokane Valley,Washington,and said Principal is required under the terms of the Contract to furnish a performance bond
in accordance with chapter 39.08 Revised Code of Washington(RCW).
The Principal,and Travelers Casualty and Surety Company of America_(Surety),a corporation,organized under the laws
of Connecticut and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies
Acceptable in Federal Bonds"as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S.Treasury Dept.,
are jointly and severally held and firmly bound to the City of Spokane Valley,as Obligee,in the sum of$238,051.61 total Contract
amount(including WashingtOn State sales tax),subject to the provisions herein.
This performance bond shall become null and void, if and when the Principal, its heirs,executors, administrators, successors, or
assigns shall well and faithfully perform all of the Principal's obligations under the Contract and fulfill all the terms and conditions
of all duly authorized modifications, additions, and changes to said Contract that may hereafter be made, at the time and in the
manner therein specified;shall warranty the work as provided in the Contract and shall indemnify and hold harmless the Obligee
from any defects in the workmanship and materials incorporated into the work for the period identified in the Contract;and if such
performance obligations have not been fulfilled,this bond shall remain in full force and effect.
The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the
specifications accompanying the Contract,or to the work to be performed under the Contract shall in any way affect its obligation
on this bond, and waives notice of any change, extension of time,alteration or addition to the terms of the Contract or the work
performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total
amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not
required for such increased obligation.
This bond may be executed in two original counterparts,and shall be signed by the parties'duly authorized officers.This bond will
only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the
surety.
PI i'AL(CO CTOR) S ;TY
75-34—/7 U ,'1�-1 �\ t 1 -• :-21-2017
Principal Signature Date Surety Signature Date
K.e v i &cite Shawn M.Wilson P
Printed Name Printed Name
6e 3 r tip„c Attorney-in-Fact == ^`.
Title Title !y `
Name,address,and telephone of local office/agent of Surety Company is: :°, „.�
Alliant Insurance Services,Inc.,818 W Riverside Avenue,Suite 800,Spokane,WA 99201
509-343-9238
Updated 1.14.2013
Spokane
1eYs
BOND NO: 106770064
CONTRACTOR'S PAYMENT BOND(NON-FEDERALLY FUNDED PROJECT)
to City of Spokane Valley,Washington
The City of Spokane Valley,Washington,in Spokane County,has awarded to Evco Sound and Electronics,Inc.(Contractor),
as Principal,a contract for the construction of the project designated as New City Hall Council Chambers AV System,Project
No.0246 in Spokane Valley,Washington,and said Principal is required under the terms of the Contract to furnish a payment
bond in accordance with chapter 39.08 Revised Code of Washington(RCW).
The Principal,and Travelers Casualty and Surety Company of America(Surety),a corporation organized under the laws
Connecticut and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies
Acceptable in Federal Bonds"as published in the Federal Register by the Audit Staff Bureau of Accounts,U.S.Treasury Dept.,
are jointly and severally held and firmly bound to the City of Spokane Valley, as Obligee, in the sum of$238,051.61 total
Contract amount(including Washington State sales tax),subject to the provisions herein.
•
This payment bond shall become null and void,if and when the Principal, its heirs, executors, administrators, successors,or
assigns shall pay all persons in accordance with chapters 39.08 and 39.12 RCW,including all workers, laborers,mechanics,
subcontractors,and materialmen,and all persons who shall supply such contractor or subcontractor with provisions and supplies
for the carrying on of such work; and shall indemnify and hold harmless the Obligee from all loss, cost or damage which
Obligee may suffer by reason of the failure of Principal to make such required payments;and if such payment obligations have
not been fulfilled,this bond shall remain in full force and effect.
The Surety for value received agrees that no change,extension of time,alteration or addition to the terms of the Contract,the
specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its
obligation on this bond,except as provided herein,and waives notice of any change,extension of time,alteration or addition
to the terms of the Contract or the work performed.The Surety agrees that modifications and changes to the terms and conditions
of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety
on this bond and notice to Surety is not required for such increased obligation.
This bond may be executed in two original counterparts,and shall be signed by the parties'duly authorized officers.This bond
will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf
of the surety.
P AL(CO CTOR) SURETY
Principal Signature Date Surety Signature Date
Ke v i t) k?C€ ✓ Shawn M.Wilson
Printed Name Printed Name -'.��� - -
�• =
fys ►Ct"/��N � Attorney-in-Fact ;,;_ .
Title Title
A
▪ •
• •
Name,address,and telephone of local office/agent of Surety Company is: •
Alliant Insurance Services,Inc,818 W Riverside Avenue,Suite 800,Spokane,WA 99201 • �!''"-
509-343-9238
Updated 1.14.2013
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
POWER OF ATTORNEY
S
TRAVELERFarmington Casualty Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
Attorney-In Fact No. 230778 Certificate No. 007281492
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company,St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States
Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a
corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the
laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint
Janet M.Fenton,Michael J.Moloney,Tim Warner,Mark L.Roff,Jeff O'Neill,Patricia M.Wachter,Nicholas W.Paget,Shawn M.Wilson,and
Lauren E.Richardson
of the City of Spokane ,State of Washington ,their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their busijpess of.guaranteeing the fidelity of persons,guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or pe.,n desti an a ions or�prrceedings allowed by law.
IN WITNESS WHEREOF,the Companies have caused this ins en td be gnetl.and tk "1F/corporate seals to be hereto affixed,this 28th
day of June , 2017 . �, *Vt 1 t ,,44.4% ,
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Farmington Casualty Co>np1sJ - AL1 Paul Mercury Insurance Company
Fidelity and GuarantylInsuran Cothpat,yg Travelers Casualty and Surety Company
Fidelity and Guaranty Instnhce Underwrt[ers,Inc. Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
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State of Connecticut By: 0' ``'��
City of Hartford ss. Robert L.Raney,Senior Vice President
On this the 28th day of June 2017,before me personally appeared Robert L.Raney,who acknowledged himself to
be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul
Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers
Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing
instrument for the purposes therein contained by signing on behalf of the corporations by himself.. s•adulreythorized officer.
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to•TErN ``�-- f_ `'�In Witness Whereof,I hereunto set my hand and official seal. `TAR 1 = • "'" AleC • V
My Commission expires the 30th day of June,2021. p118���+ * _ G • _ Mane C.Tetreault,Notary Public
c-cfP .
58440-5-16 Printed in U.S.A.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity
and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance
Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States
Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows:
RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice
President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is
FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary;and it is
FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking
shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice
President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,
any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance
Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and
Surety Company,Travelers Casualty and Surety Company of America,and Unites Fi eli` and Gu, my Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Com ge,.w ic,h its i ll forEeVoreffect,and has not been revoked.
rtiN�� '. _ -;: S+ l
IN TESTIMONY WHEREOF,I have hereunto set my hand ced th sif'als of said; i3anies this G-( day of L C�A.S"T ,20 1 1.
`°cam' t" Kevin E.Hughes,Assistant Sec tary
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To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the
above-named individuals and the details of the bond to which the power is attached.
_`
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER