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21-083.00 Avidex Industries: CenterPlace Great Room Speakers & Controls Programming
Contract No. 21-083.00 CONSTRUCTION AGREEMENT Avidex Industries,LLC THIS CONSTRUCTION AGREEMENT(the "Agreement") is made by and between the City of Spokane Valley, a code City of the State of Washington ("City") and Avidex Industries, LLC, ("Contractor")jointly referred to as the"Parties". IN CONSIDERATION of the terms and conditions contained herein the Parties agree as follows: 1.Work to Be Performed. Contractor shall do all work and furnish all labor,supervision,tools,materials, supplies, and equipment and other items necessary for the construction and completion of the CenterPlace Great Room Speakers&Control System Programming Project(the"Work")in accordance with documents described in Exhibit B and in accordance with this Agreement (which are by this reference incorporated herein and made part hereof and referred to as the"Contract Documents"), and shall perform any changes in the work in accordance with the Contract Documents. The terms and provisions in this Agreement shall control over any inconsistent or incompatible terms in any other Contract Document. Contractor shall,for the amount set forth in paragraph 4,below,assume and be responsible for the cost and expense of all work required for constructing and completing the Work and related activities to the City's satisfaction, provided for in the Contract Documents, within the time limits prescribed in the Contract Documents. The City Manager or designee shall administer and be the primary contact for Contractor. Upon notice from City,Contractor shall promptly commence work,complete the same in a timely manner,and cure any failure in performance under this Agreement. Unless otherwise directed by City, all work shall be performed in conformance with the Contract Documents, and all City, state, and federal standards, codes, ordinances, regulations, and laws as now existing or as may be adopted or amended. 2. Time for Performance. Contractor shall commence the Work upon execution of this Agreement and shall complete the Work by August 31,2021,unless the time for performance is extended in writing by the Parties. 3. Liquidated Damages. Time is of the essence for this Agreement. Delays cause inconvenience to the residents of City and cost taxpayers undue sums of money, adding time needed for administration, engineering, inspection, and supervision. It is impractical for City to calculate the actual cost of delays. Accordingly, Contractor agrees to pay liquidated damages for failure to achieve Substantial Completion(as defined in the Contract Documents)which shall be in the amount of$200 per day. These liquidated damages are not a penalty, but are fixed and agreed upon by and between Contractor and City because of the impracticability and difficulty of fixing and ascertaining the actual damages that City would sustain in the event that the Work is not completed in accordance with the Contract Documents. Liquidated damages may be retained by City and deducted from payments otherwise due to the Contractor. 4. Compensation. In consideration of Contractor performing the Work, City agrees to pay Contractor in accordance with the Contract Documents the sum of$30,177.00, which includes Washington State Sales Construction Agreement Page 1 of 9 DocuSign Envelope ID: 763172CF-A6E6-4C74-ACC2-CFAAEFOC3BD4 Contract No. 21-083.00 Tax (if applicable), based on the bid submitted by Contractor (Exhibit A), and as may be adjusted in accordance with the Contract Documents. 5.Payment. Contractor may elect to be paid in monthly installments,upon presentation of an application for payment in a form satisfactory to City. Applications for payment shall be sent to the City Finance Department at the address stated in paragraph 6. 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 Contract Documents,City standards,City Code,state standards,or federal standards. 6.Notice. Notice other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONTRACTOR: Name: Christine Bainbridge,City Clerk Name: Avidex Industries,LLC Phone: (509)720-5000 Phone: (509)499-7343 Address: 10210 East Sprague Avenue Address: 164 S. Washington, Ste.#500 Spokane Valley,WA 99206 Spokane,WA 99201 7.Applicable Laws and Standards. The Parties,in the performance of this Agreement,agree to comply with all applicable federal,state,and local laws,codes,and regulations. 8. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Consultant certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,making false statements,or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2)of this certification;and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal,state,or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this Agreement. Construction Agreement Page 2 of 9 DocuSign Envelope ID:763172CF-A6E6-4C74-ACC2-CFAAEFOC3BD4 Contract No. 21-083.00 9.Prevailing Wages on Public Works. 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 Community&Public Works Department located at 10210 East Sprague Avenue, Spokane Valley, WA 99206. Upon request, City will mail a hard copy of the applicable prevailing wages for this project. 10. Relationship of the Parties. It is understood and agreed that Contractor shall be an independent contractor and not the agent or employee of City,that City is interested only in the results to be achieved, and that the right to control the particular manner,method,and means in which the services are performed is solely within the discretion of Contractor. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Contractor. Contractor shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 11. Ownership of Documents. All drawings,plans,specifications, and other related documents prepared by Contractor under this Agreement are and shall be the property of City,and may be subject to disclosure pursuant to chapter 42.56 RCW,or other applicable public record laws. 12.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Contractor's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 13. Warranty. 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 Construction Agreement Page 3 of 9 DocuSign Envelope ID:763172CF-A6E6-4C74-ACC2-CFAAEFOC3BD4 Contract No. 21-083.00 City. This warranty provision shall not be construed to establish a period of limitation with respect to Contractor's other obligations under this Agreement. 14.Contractor to Be Licensed and Bonded. Contractor shall be duly licensed,registered,and bonded by the State of Washington at all times this Agreement is in effect. 15. Contractor to Provide Performance and Payment Bonds. Contractor shall provide a payment bond and a performance bond in the full amount of the Agreement on the City's bond forms. Alternatively, Contractor may elect to have the City retain 10% of the Agreement amount in lieu of providing the City with a payment bond and a performance bond,pursuant to RCW 39.08.010(3). 16. Insurance. Contractor shall procure and maintain insurance, as required in this Section, without interruption from commencement of the Contractor's work through the term of the Contract and for 30 days after the physical completion date,unless otherwise indicated herein. A.Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1. Automobile liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office(ISO)form CA 00 01. 2.Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products-completed operations for a period of three years following substantial completion of the work for the benefit of the City, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit, using ISO form CG 25 03 05 09 or an endorsement providing at least as broad coverage. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 1.Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than$1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $2,000,000 each occurrence,$2,000,000 general aggregate, and no less than a$2,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: Construction Agreement Page 4 of 9 DocuSign Envelope ID:763172CF-A6E6-4C74-ACC2-CFAAEFOC3BD4 Contract No. 21-083.00 1. Contractor's insurance coverage shall be primary insurance with respect to City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be excess of Contractor's insurance and shall not contribute with it. 2.Contractor shall fax or send electronically in.pdf format a copy of insurer's cancellation notice within two business days of receipt by Contractor. 3. If Contractor maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Contractor, irrespective of whether such limits maintained by Contractor are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Contractor. 4.Failure on the part of Contractor to maintain the insurance as required shall constitute a material breach of this Agreement, upon which the City may, after giving at least five business days' notice to Contractor to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due Contractor from the City. D.No Limitation. The Contractor's maintenance of insurance,its scope of coverage,and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. E.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. F. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Contractor shall furnish acceptable insurance certificates to City at the time Contractor returns the signed Agreement,which shall be Exhibit D. The certificate shall specify all of the parties who are additional insureds, and shall include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to City. Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions,and/or self-insurance. G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract,upon which the City may,after giving as least five business days' notice to Contractor to correct the breach, immediately terminate the Agreement or, at its discretion,procure or renew such insurance and pay any and all premiums in connection therewith,with any sums so expended to be repaid to the City on demand,or at the sole discretion of the City,offset against funds due Contractor from the City. H. Subcontractor Insurance. Contractor shall cause each and every subcontractor to provide insurance coverage that complies with all applicable requirements of Contractor-provided insurance as set forth herein, except Contractor shall have sole responsibility for determining the Construction Agreement Page 5 of 9 DocuSign Envelope ID:763172CF-A6E6-4C74-ACC2-CFAAEFOC3BD4 Contract No. 21-083.00 limits of coverage required to be obtained by subcontractors. Contractor shall ensure that the City is an additional insured on each subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. 17. Indemnification and Hold Harmless. Contractor shall defend, indemnify and hold the City, its officers,officials,employees and volunteers harmless from any and all claims, injuries,damages,losses or suits including attorney fees,arising out of or in connection with the performance of this Agreement,except for injuries and damages caused by the sole negligence of the City. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City,its officers, officials, employees, and volunteers,the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance,Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 18.Waiver. No officer,employee,agent,or other individual acting on behalf of either party has the power, right,or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 19. Assignment and Delegation. Neither party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other party. 20. Confidentiality. Contractor may, from time-to-time,receive information which is deemed by City to be confidential. Contractor shall not disclose such information without the prior express written consent of City or upon order of a Court of competent jurisdiction. 21. Disputes. All disputes arising under or related to this Agreement that cannot be resolved through informal discussion and negotiations shall be resolved by litigation filed in the Superior Court of the State of Washington for Spokane County,unless otherwise required by applicable federal or state law. 22.Subcontractor Responsibility. As required by RCW 39.06.020,Contractor shall verify responsibility criteria for each first tier subcontractor and its subcontractors of any tier that hires other subcontractors shall verify responsibility criteria for each of its subcontractors. Verification shall include that each subcontractor, at the time of subcontract execution, meets the responsibility criteria listed in RCW 39.04.350(1) and possesses an electrical contractor license, if required by chapter 19.28 RCW, or an elevator contractor license if required by chapter 70.87 RCW. This verification requirement shall be included in every subcontract of every tier. 23. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Venue Construction Agreement Page 6 of 9 DocuSign Envelope ID:763172CF-A6E6-4C74-ACC2-CFAAEFOC3BD4 Contract No. 21-083.00 shall be in Spokane County, State of Washington. 24.Entire Agreement. This Agreement constitutes the entire and complete agreement between the parties and supercedes any prior oral or written agreements. This Agreement may not be changed, modified, or altered except in writing signed by the Parties. 25.Anti-kickback. No officer or employee of City,having the power or duty to perform an official act or action related to this Agreement, shall have or acquire any interest in this Agreement, or have solicited, accepted,or granted a present or future gift,favor,service,or other thing of value from any person with an interest in this Agreement. 26.Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement, the Contractor,for itself,its assignees,and successors in interest agrees as follows: A. Compliance with Regulations: Contractor shall comply with the federal laws set forth in subsection G of this Section 26 ("Pertinent Non-Discrimination Authorities") relative to non- discrimination in federally-assisted programs of the U.S. Department of Transportation, Washington State Department of Transportation(WSDOT), as they may be amended from time- to-time,which are herein incorporated by reference and made a part of this Agreement. B. Non-discrimination: Contractor, with regard to the work performed by it during this Agreement, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Contractor shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations,including employment practices when the contract covers any activity,project, or program set forth in Appendix B of 49 CFR Part 21. C.Solicitations for Subcontracts,Including Procurements of Materials and Equipment:In all solicitations, either by competitive bidding, or negotiation made by Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race,color,or national origin. D.Information and Reports: Contractor shall provide all information and reports required by the Acts,the Regulations, and directives issued pursuant thereto,and shall permit access to its books, records,accounts,other sources of information,and its facilities as may be determined by the City or the WSDOT to be pertinent to ascertain compliance with such Acts,regulations,and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish the information, Contractor shall so certify to the City or the WSDOT, as appropriate,and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the non-discrimination provisions of this Agreement,the City will impose such contract sanctions as it or the WSDOT may determine to be appropriate,including,but not limited to: 1. withholding payments to Contractor under the Agreement until Contractor complies; and/or 2. cancelling,terminating, or suspending the Agreement, in whole or in part. Construction Agreement Page 7 of 9 DocuSign Envelope ID.763172CF-A6E6-4C74-ACC2-CFAAEFOC3BD4 Contract No. 21-083.00 F.Incorporation of Provisions:Contractor shall include the provisions of paragraphs one through six of this Section 26 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, regulations and directives issued pursuant thereto. Contractor shall take action with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided,that if Contractor becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction,Contractor may request that the City enter into any litigation to protect the interests of the City. In addition,Contractor may request the United States to enter into the litigation to protect the interests of the United States. G. Pertinent Non-Discrimination Authorities: During the performance of this Agreement, the Contractor agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964(42 U.S.C. §2000d et seq.,78 stat.252),(prohibits discrimination on the basis of race,color,national origin);and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601),(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC §471, Section 47123), as amended, (prohibits discrimination based on race,creed,color,national origin, or sex); The Civil Rights Restoration Act of 1987,(PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal- aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems,places of public accommodation,and certain testing entities(42 U.S.C. §§12131- 12189)as implemented by Department of Transportation regulations at 49 C.F.R.parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race,color,national origin,and sex); Construction Agreement Page 8 of 9 DocuSign Envelope ID:763172CF-A6E6-4C74-ACC2-CFAAEFOC3BD4 Contract No. 21-083.00 Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency(LEP). To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed.Reg.at 74087 to 74100);and Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. §1681 et seq.). 27. Business Registration. Prior to commencement of Work under this Agreement, Contractor shall register with the City as a business if it has not already done so. 28. Severability. If any section,sentence,clause,or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section,sentence,clause,or phrase of this Agreement. 29.Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Work and Fee Schedule B. Insurance Endorsements C.Performance and Payment Bonds .gyp Jome The Parties have executed this Agreement this 2.- day of ,2021 CITY OF SPO KA NEVI yA,L,LEY: AVII)EX INDUSTRIES,LLC \Ak(a Mark Calhoun,City Manager By±w.ssl co4s4o3... Its: Authorized Representative APPROVED AS TO FORM: Moose Adams General Manager Office •tihe City rney 6/11/2021 Construction Agreement Page 9 of 9 Our work will be completed at 2426 Discovery PI, Spokane Valley, WA 99216 in the following rooms/spaces: The Great Room SCOPE New Stage Fill Speakers Front fill speakers shall be installed to provide additional audio coverage in the front corners of the room in front of the stage where the existing line array speakers do not cover. This would provide improved sound coverage closer to the stage. An additional amplifier and speaker cabling shall be installed to accommodate new speakers.Two new speaker fill speakers shall be installed near existing line array speaker location. Included Items: • 2ea TOA ceiling mounted speakers • Amplifier • Network switch • Lift rental, cable installation and mounting • Permits and inspections Control system programming The current system programming is not available.This solution includes rebuilding the system programming. This will give us a chance to make any changes and incorporate remote management into the overall operation of the system. Included Items: • Test and verify all connections • Fix and repair minor issues • Major failure or damage will need to be assessed and additional cost may be incurred • Label all connections and create an AS-BUILT • Needs Assessment for user function and control changes • Reprogram, test and commission • Finalize system documentation • Perform staff training Audio system commissioning The current audio system program will be modified to include any changes needed in the operation of each unique space.This includes a final testing, commissioning, balancing and EQ along with retraining for support staff. Included Items: • Review current program • Update current programming and identify any issues to be reprogrammed • Add the digital mixer integration into the system • Verify installation and evaluate and clean system components (PM Review) 1 • Label all connections and create an AS-BUILT • Tune the system • Finalize system documentation • Perform staff training • Rooms are to be made available for exclusive use on the day(s) of the scheduled installation. Unless specifically arranged in advance, the room(s) will be available during Normal Business Hours in eight (8) contiguous hour segments. "Normal Business Hours" are defined as Monday through Friday, 8:00am to 5:00pm. • Client will provide all electrical outlets floor boxes, conduits, and core drills in the area(s) where audiovisual equipment is to be installed as specified by Avidex prior to Avidex beginning on-site work. • Jobsite building structures including ceilings, walls, and floors used to support audiovisual equipment are assumed to be vibration free. • Client will provide adequate parking for vehicle(s) in a location conducive to access to the vehicle(s) for retrieval of tools and supplies throughout the workday. If such parking is within a secured facility, Client will validate the parking tickets for the vehicle(s). Parking fees will be added to invoices. • If installation occurs in any room in which suspended ceiling tiles are installed, Client will provide a reasonable number of spare tiles of the same pattern and batch number as those of the tiles already installed in the room. • Client accepts responsibility for all merchandise sold and provided for this installation, delivered to the job site. Client will provide secure storage for such merchandise. Avidex will not be responsible for any loss or damage, except loss or damage caused by an Avidex employee during the act of installation, which occurs after delivery and acceptance by the client. • Existing hardware, wiring, programming, or configuration files are anticipated to be in good working order. Client shall provide programming and configuration files in editable formats. If, during the installation process, existing hardware, wiring, programming or configuration are found to be defective, the completion date of the project may be affected, and a change order may be required to overcome the obstacle(s) created by such defects. • Client shall identify the presence of any pre-or post-tensioned ceilings or floors within the area of installation. If Avidex is to be held responsible for the integrity of such pre- or post-tensioned ceilings or floors, they shall obtain, at Client's expense, one or more x-rays of the area(s) in which mounting hardware is to be attached to the structure of the building. Any expense incurred for x-rays shall be passed on to the Client, in the form of a change order or a line item on the purchase contract. • Avidex shall make all reasonable efforts to inspect and review the existing project site physical and audiovisual infrastructure conditions. Existing site conditions needing to remain intact, along with the Client or End-User direction for the audiovisual design may result in other required audiovisual infrastructure requirements (raceways, conduit, AC power, structural backing-blocking, structural engineer stamped drawings, etc.) and/or changes to the audiovisual equipment and integration labor, leading to pricing adjustments. 2 SCHEDULE We will work with you to finalize a schedule that meets the implementation requirements of the project.The chart below identifies various phases in the overall process. Please note that each job is unique and will have its own installation schedule that will be agreed upon between Avidex and the client. I Nil, T MRt/ rr,t -� Mla i apt., J++l+Mi tiywiartlraaI RomqhtoIND Eo.Actownt 1•0a4 41111111111111111, IYvg.[•^.9 111111111110 •IMPera[r 4wN Ta..r, • This project is anticipated to take approximately 12 week(s) from receipt of a valid Purchase Order or an executed contract referring to this proposal document.This is not a guarantee of delivery or installation time. Actual delivery and installation schedules will be finalized after receipt of the purchase order. PROJECT MANAGEMENT • Responsible for client communication throughout the project duration. • Coordinate all activities with designated client representative. • Avidex will coordinate the necessary meetings as required to complete the project and coordinate with other trades. • Monitor project implementation. • Provide scheduling for and oversight of the Avidex team. • Coordinate project equipment ordering, staging and pre-installation fabrication of equipment for the project. • Coordinate any site conditions that may necessitate audiovisual system changes. • Coordinate with any general contractor and/or any specialty contractors related to the audiovisual system integration. 3 • Coordinate audiovisual system connections and interfaces as they relate to any lighting, electrical, or mechanical systems. • Verify project completion. o Confirm completion of system testing. o Assure completion of any punch list items. ENGINEERING • Prepare all system documentation necessary for the installation of the project. o System functional diagrams. o Facilities drawings (equipment locations). o Control system program requirements. • Provide and implement control systems programming. • Test and debug system. • Oversee final systems testing and commissioning. • Adjust and balance system settings. • Mark and record final system settings. • Assure the finished system meets the design criteria and functions per the developed content. CONTROL SYSTEM PROGRAMMING • Create AV control system code. • Design and create user interface (UI). • The user interface will be built upon a standard UI style and standard buttons with minor adjustments of wording, logos, and background color. Two planning meetings for UI review are included: one for preliminary layout selection, review of recommended UI language, logos, branding guidelines and the second for final text review and edit. • Test and debug control system. INTEGRATION LABOR • Pull, terminate, and label all low voltage cables. • Install structural mounting systems for all audio-visual equipment. • Mount and terminate all AV connection plates. • Install all AV equipment. • Site clean-up and trash disposal, etc. • Assure that all installed systems are operating as proposed. • Assist engineering with systems testing and debugging. • Provide or assist in providing end-user training. 4 TRAINING & DOCUMENTATION Training will be provided to operational and maintenance personnel at the end of the project. This training will provide the users with an understanding of daily system use.The provided training will consist of instruction and hands-on experience with the system Documentation will include record drawings and manufacturer's equipment manuals. These will be assembled and delivered as an electronic copy.The documentation will include any and all information provided to Avidex that comes standard with the equipment from the original manufacturer. A laminated operation 'cheat sheet' that outlines common usage for end users will be provided. Maintenance manuals for most electronic components are only available to factory certified and trained personnel. Maintenance manuals are not included in final documentation. WORK& PRODUCTS PROVIDED BY OTHERS(EXCLUSIONS) • All required architectural floor, reflected ceiling, building elevation, and section plans in an agreed upon AutoCAD format at no charge to Avidex. • Any and all related electrical work, including but not limited to 110VAC, conduit, raceway, and boxes.This includes all conduits, high voltage wiring panels, breakers, relays, boxes, receptacles, etc. • All network connectivity, routing, switching and port configuration necessary to support audiovisual equipment, unless specifically addressed elsewhere in this document. • Voice and data infrastructure and systems. • Necessary sheet rock replacement and or repair. • Necessary ceiling tile or T-bar modifications, replacement, and/or repair. • All millwork, moldings, trim, etc., or modifications to project millwork necessary to accommodate the installation of the audiovisual equipment unless otherwise noted in this proposal. • Rough-in, bracing, framing, or finish trim carpentry for installation. • Backing required to support wall mounted equipment including display, loudspeakers, camera, et cetera. • Painting, patching, or finishing of architectural surfaces. • Core drilling and/or concrete saw cutting. • HVAC, plumbing, sprinkler head, and lighting fixture relocation. • Ceiling, roof, firewall, and/or floor penetration(s). • Removal or patching, of fire stopping. • Structural welding, cutting, or reinforcement of structural steel members required for support of assemblies. • Work in asbestos treated areas and asbestos abatement. If asbestos is discovered during our work, Avidex will notify Client and will stop work until asbestos abatement work is completed by Client or its contractor. • Any subscription services, cabling, and equipment. • Provision and configuration of client furnished computers and software. 5 • Acquisition of permits. • All Union Labor unless specifically addressed separately in proposal pricing. NEW SYSTEM WARRANTY Avidex warrants the integrated system(s)furnished are free of defects in workmanship and materials for a period of one year from the date of acceptance or date of first beneficial use whichever occurs first. Remedy for such defects during the warranty period shall be provided at no additional expense to the client and shall be handled as expeditiously as is feasible during normal business hours and days of operation. Under this warranty, Avidex will troubleshoot, uninstall, and reinstall any equipment that is part of the Avidex audiovisual system. The cost to service and/or repair Client Furnished Equipment or equipment out of the manufacturer's warranty is not included. Avidex will broker and process the repair of that equipment at the standard Avidex rate. Avidex reserves the right to charge for a service visit at standard Avidex service time and material rates (minimum of 2 hours onsite plus travel) if a service call results in a No Fault Found (NFF) or No Trouble Found (NTF) during a dispatched site visit. Avidex Services Provided Under the New System Warranty • Avidex will respond to requests for assistance due to client-reported issues and, if warranted, dispatch a technician during normal business hours (8:00AM to 5:00PM Pacific Time, Monday—Friday, excluding Avidex holidays) to troubleshoot the AV system problem based on our available resources • Avidex will identify and uninstall the defective equipment and return such equipment to the manufacturer or authorized repair center for warranty processing • Avidex will reinstall the repaired or replaced equipment and test the system • Avidex will pay the shipping costs associated with the repair of the equipment, except for Client Furnished Equipment and/or equipment out of manufacturer warranty. Avidex Services Not Provided Under the New System Warranty • Extend or provide additional repair services for manufacturer warranty coverage • Repair of Client Furnished Equipment • After hours 24x7 Helpdesk support • Guaranteed on-site response time • Remote system monitoring, management, and reporting • Before-or after-hours on-site response • Proactive support or preventive maintenance • Training • Spare or loaner equipment during equipment repair period • Warranty coverage for client acts of negligence or misuse 6 FEE SCHEDULE EQUIPMENT AND MATERIALS $3,418.00 MANUFACTURER EQUIPMENT AND SOFTWARE MAINTENANCE $0.00 TECHNICAL SERVICES- includes audiovisual engineering, offsite and on-site $23,424.00 installation and wiring, coordination and supervision, testing, checkout, owner training and New System Warranty.This proposal includes non-union labor for all activities. GENERAL&ADMINISTRATIVE $385.00 PROJECT SUBTOTAL $27,227.00 SHIPPING ESTIMATE-Applicable shipping charges will be added to invoices $200.00 SALES TAX ESTIMATE Applicable sales tax will be added to invoices based on current $2,441.00 tax rates on the invoice date as required by state law ESTIMATED PROJECT TOTAL $30,177.00 PAYMENT& PERFORMANCE BOND- included in above totals $309.00 • Any standard merchandise that has been ordered for the job, and is not used as a result of any customer changes to the design, or refused by the client at the time of delivery will be subject to a minimum of 30%of the sales price restocking fees, plus any incurred freight charges. Any custom merchandise will be subject to a 100%of the sales price restocking fee, plus any incurred freight. • Avidex's proposals for installation costs are based upon 8-hour days and 40-hour workweeks, Monday through Friday, between the hours of 8:00AM and 5:00PM. Installation costs for work outside of normal business hours or business days may be subject to overtime rates, when mutually agreed upon in writing. • Freight fees are estimated for ground freight service. Expedited freight, as required by the client, will be prepaid and added to invoices. • The pricing information provided in this proposal is solely for the benefit of the Client listed on the title page. Award of work to Avidex by a 3rd party will require a credit and contract term review, an approval and pricing confirmation for the new contract terms by Avidex. 7 A ® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 03/23/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marsh USA,Inc. PHON: E FAX 1166 Avenue of the Americas (A/ Nr ,Ext) (NC,No): _ New York,NY 10036 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIL# CN102238245-Avide-GAUP-20-21 INSURER A:Tokio Marine America Insurance Company 10945 INSURED Av x Industries,LLC INSURER B:Travelers Indemnity Company 25658 13555 Bel-Red Road,Suite 226 INSURER C:N/A N/A Bellevue,WA 98005 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: _NYC-011066841-01 REVISION NUMBER: 2 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXPMMI LIMITS LTR INSD WVD POLICY NUMBER ( DDIYYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY X X CLL6403455-10 06/30/2020 06/30/2021 EACH OCCURRENCE $ 1,000,000 DAMAGE TO CLAIMS-MADE X OCCUR PREMISES(EaENTED occurrence) $ 1,000,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY JET LOC PRODUCTS-COMP/OPAGG $ 1,000,000 OTHER: $ B AUTOMOBILE LIABILITY X X 810-3N540859-43-20-G 06/30/2020 06/30/2021 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED x NON-OWNED PROPERTY DAMAGE $ _AUTOS ONLY _ AUTOS ONLY (Per accident) $ A X UMBRELLA LIAB X OCCUR X X CU6406757-07 06/30/2020 06/30/2021 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? n N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Spokane Valley is included as Additional Insured where required by written contract or agreement. CERTIFICATE HOLDER CANCELLATION The City of Spokane Valley SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 10210 East Sprague Avenue THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Spokane Valley,WA 99206 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. I Mina Cho r- --.��---€--- ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ACCORD® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 6/11/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Lori E.Staples Arthur J. Gallagher Risk Management Services, Inc. PHONE FAX No):336-275-1776 4700 Homewood Court, Suite 260 4AIc.No.Ext): 336-217-5767 Raleigh NC 27609-5732 ADDRIESS: 10(1 staples@ajg.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Twin City Fire Insurance Company 29459 INSURED INSURER B: Avidex Industries, LLC 13555 Bellevue-Redmond Road INSURER C: Bellevue,WA 98005 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1198915558 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYYI COMMERCIAL GENERAL LIABILITY EACH OCCURRENCEDAMAGE TO RENTED $ CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY JEtT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE__ $ • EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION Y 22WBAA3GT9 6/30/2020 6/30/2021 X ;MUTE EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE N N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) OH&WA Coverage is supplemental only. Waiver of subrogation is applicable in favor of The City of Spokane Valley under the workers compensation as per form WC 00 03 13. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The City of Spokane Valley 10210 East Sprague Avenue AUTHOR ED REPRESENTATIVE Spokane Valley WA 99206 ��`�� I � ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Waslwgsun Sine Ue...0.i Labor&Industries j ttps://Ini.wa.ggv). Contractors AVIDEX INDUSTRIES LLC Owner or tradesperson 13555 BEL RED RD STE 226 Principals BELLEVUE,WA 98005 425-643-0330 RICHARDSON,MICHAEL,PARTNER/MEMBER KING KING County CLARK,MICHAEL,PARTNER/MEMBER HARRIS,JOEL,PARTNER/MEMBER LANGEL,JEFFREY C,PARTNER/MEMBER PECK,PAUL D,PARTNER/MEMBER BALLJO,JOEL A,PARTNER/MEMBER (End:12/19/2012) Doing business as AVIDEX INDUSTRIES LLC WA UBI No. Business type 602 347 574 Limited Liability Company Governing persons PAUL D PECK MICHAEL C RICHARDSON; JOEL AMOS BALLEJO; MICHAEL A CLARK; License Verify the contractor's active registration/license/certification(depending on trade)and any past violations. Electrical Contractor Active Meets current requirements. License specialties LIMITED ENERGY License no. AVIDEIL963CZ Effective—expiration 02/09/2004—02/11/2022 Designated administrator Active Douglas,Andrew J Meets current requirements. License type License no. Electrical Administrator DOUGLAJ925P1 Bond Great American Ins Co $4,000.00 Bond account no. 0470535 Received by L&I Effective date 11/07/2014 11/01/2014 Expiration date Until Canceled WESTERN SURETY CO $4,000.00 Bond account no. 929413469 Received by L&I Effective date 02/06/2007 02/09/2007 Expiration date Until Canceled Savings No savings accounts during the previous 6 year period. License Violations No license violations during the previous 6 year period. Certifications & Endorsements OMWBE Certifications No active certifications exist for this business. Apprentice Training Agent No active Washington registered apprentices exist for this business.Washington allows the use of apprentices registered with Oregon or Montana.Contact the Orc;lon bureau of tabor&Industries or Montana Del)rtmen of _uour 11'1;.,!'y to verify if this business has apprentices. Workers' Comp Do you know if the business has employees?If so,verify the business is up-to-date on workers'comp premiums. This company has multiple workers'comp accounts. Active accounts L&I Account ID Account is current. 110,231-00 Doing business as AVIDEX Estimated workers reported Quarter 1 of Year 2021"51 to 75 Workers" L&I account contact T4/RAECHEL WRIGHT(360)902-4579-Email:WRIV235@Ini.wa.gov Track tills contractor Public Works Requirements Verify the contractor is eligible to perform work on public works projects. Required Training—Effective July 1,2019 Exempt from this requirement. Contractor Strikes No strikes have been issued against this contractor. Contractors not allowed to bid No debarments have been issued against this contractor. Workplace Safety & Health Check for any past safety and health violations found on jobsites this business was responsible for. No inspections during the previous 6 year period. • Susan Bullock From: Cary Driskell Sent: Friday, June 18, 2021 12:18 PM To: Susan Bullock; Erik Lamb Subject: Fwd:Avidex Contract for Speakers &Control System Prog Attachments: image001.png; image004jpg; Signed_DocuSign_Avidex_-_CP_Great_Rm_Speaker.pdf; Avidex - The City of SPokane Valley GL COI June 30, 2021.pdf; Avidex - The City of Spokane Valley WC COI June 30, 2021.pdf Cary Driskell, City Attorney Begin forwarded message: From: Patty Bischoff<pbischoff@spokanevalley.org> Date:June 18, 2021 at 11:09:03 AM PDT To: Cary Driskell <CDriskell@spokanevalley.org> Subject: FW:Avidex Contract for Speakers&Control System Prog Hi Cary, Sorry, I forgot to add this to the contract to show they are opting for the City to withhold 10% in lieu of the P&B bonds. And we have had the quick discussion with them about the liquidated damages part. Thank you. Patty Bischoff I Administrative Assistant Spokane Valley Parks and Recreation 2426 N. Discovery Place Spokane Valley, WA 99216 P: (509) 720-5401 I F: (509) 720-5250 pbischoff@spokanevalley.org This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act, chapter 42.56 RCW. From:Joe Melton<joe.melton@avidexay.com> Sent: Friday,June 11, 2021 8:36 AM To:John Bottelli<jbottelli@spokanevalley.org> Cc: Patty Bischoff<pbischoff@spokanevalley.org> Subject: RE: Avidex Contract for Speakers&Control System Prog 1 , • HI John, Here's the signed contract and copies of the COI. Per the agreement bonds are not required if we opt for the a 10% retainage in lieu of the 5%.Also liquidated damages of$200 per day has been added. Maybe missed that from the previous versions but lets have a quick discussion about that before you execute the contract. Joe Melton M:509.499.7343 I T:206.430.5854 E:joe.melton@avidexay.com 2 EBUF!)NN0EE0ZZZZ* DFSUJGJDBUF!PG!MJBCJMJUZ!JOTVSBODF 07/01/2021 UIJT!DFSUJGJDBUF!JT!JTTVFE!BT!B!NBUUFS!PG!JOGPSNBUJPO!POMZ!BOE!DPOGFST!OP!SJHIUT!VQPO!UIF!DFSUJGJDBUF!IPMEFS/!UIJT DFSUJGJDBUF!EPFT!OPU!BGGJSNBUJWFMZ!PS!OFHBUJWFMZ!BNFOE-!FYUFOE!PS!BMUFS!UIF!DPWFSBHF!BGGPSEFE!CZ!UIF!QPMJDJFT CFMPX/!!UIJT!DFSUJGJDBUF!PG!JOTVSBODF!EPFT!OPU!DPOTUJUVUF!B!DPOUSBDU!CFUXFFO!UIF!JTTVJOH!JOTVSFS)T*-!BVUIPSJ\[FE SFQSFTFOUBUJWF!PS!QSPEVDFS-!BOE!UIF!DFSUJGJDBUF!IPMEFS/ JNQPSUBOU;!!Jg!uif!dfsujgjdbuf!ipmefs!jt!bo!BEEJUJPOBM!JOTVSFE-!uif!qpmjdz)jft*!nvtu!ibwf!BEEJUJPOBM!JOTVSFE!qspwjtjpot!ps!cf!foepstfe/ Jg!TVCSPHBUJPO!JT!XBJWFE-!tvckfdu!up!uif!ufsnt!boe!dpoejujpot!pg!uif!qpmjdz-!dfsubjo!qpmjdjft!nbz!sfrvjsf!bo!foepstfnfou/!!B!tubufnfou!po uijt!dfsujgjdbuf!epft!opu!dpogfs!sjhiut!up!uif!dfsujgjdbuf!ipmefs!jo!mjfv!pg!tvdi!foepstfnfou)t*/ DPOUBDU QSPEVDFS OBNF; Marsh USA, Inc. GBY QIPOF )B0D-!Op*; )B0D-!Op-!Fyu*; 1166 Avenue of the Americas F.NBJM New York, NY 10036 BEESFTT; JOTVSFS)T*!BGGPSEJOH!DPWFSBHFOBJD!$ 10945 CN102238245-Avide-GAUP-21-22 JOTVSFS!B!;Tokio Marine America Insurance Company JOTVSFE N/A JOTVSFS!C!;N/A Avidex Industries, LLC 20362 JOTVSFS!D!; Mitsui Sumitomo Insurance Company Of America 13555 Bel-Red Road, Suite 226 Bellevue, WA 98005 JOTVSFS!E!; JOTVSFS!F!; JOTVSFS!G!; NYC-011066841-042 DPWFSBHFTDFSUJGJDBUF!OVNCFS;SFWJTJPO!OVNCFS; UIJT!JT!UP!DFSUJGZ!UIBU!UIF!QPMJDJFT!PG!JOTVSBODF!MJTUFE!CFMPX!IBWF!CFFO!JTTVFE!UP!UIF!JOTVSFE!OBNFE!BCPWF!GPS!UIF!QPMJDZ!QFSJPE JOEJDBUFE/!!OPUXJUITUBOEJOH!BOZ!SFRVJSFNFOU-!UFSN!PS!DPOEJUJPO!PG!BOZ!DPOUSBDU!PS!PUIFS!EPDVNFOU!XJUI!SFTQFDU!UP!XIJDI!UIJT DFSUJGJDBUF!NBZ!CF!JTTVFE!PS!NBZ!QFSUBJO-!UIF!JOTVSBODF!BGGPSEFE!CZ!UIF!QPMJDJFT!EFTDSJCFE!IFSFJO!JT!TVCKFDU!UP!BMM!UIF!UFSNT- FYDMVTJPOT!BOE!DPOEJUJPOT!PG!TVDI!QPMJDJFT/!MJNJUT!TIPXO!NBZ!IBWF!CFFO!SFEVDFE!CZ!QBJE!DMBJNT/ BEEMTVCS JOTSQPMJDZ!FGGQPMJDZ!FYQ UZQF!PG!JOTVSBODFMJNJUT QPMJDZ!OVNCFS MUS)NN0EE0ZZZZ*)NN0EE0ZZZZ* JOTEXWE A 06/30/2022 DPNNFSDJBM!HFOFSBM!MJBCJMJUZ 06/30/2021 XCLL6403455-11 1,000,000 X X FBDI!PDDVSSFODF% EBNBHF!UP!SFOUFE X 1,000,000 DMBJNT.NBEFPDDVS% QSFNJTFT!)Fb!pddvssfodf* 5,000 NFE!FYQ!)Boz!pof!qfstpo*% 1,000,000 QFSTPOBM!'!BEW!JOKVSZ% 2,000,000 HFO(M!BHHSFHBUF!MJNJU!BQQMJFT!QFS;HFOFSBM!BHHSFHBUF% QSP. X1,000,000 QPMJDZMPDQSPEVDUT!.!DPNQ0PQ!BHH% KFDU % PUIFS; DPNCJOFE!TJOHMF!MJNJU BVR840729206/30/2021 C 06/30/2022 BVUPNPCJMF!MJBCJMJUZ% XX 1,000,000 )Fb!bddjefou* BOZ!BVUP X CPEJMZ!JOKVSZ!)Qfs!qfstpo*% PXOFETDIFEVMFE CPEJMZ!JOKVSZ!)Qfs!bddjefou*% BVUPT!POMZBVUPT OPO.PXOFE IJSFEQSPQFSUZ!EBNBHF XX% )Qfs!bddjefou* BVUPT!POMZBVUPT!POMZ % A CU6406757-08 5,000,000 VNCSFMMB!MJBC 06/30/2022 X X XX 06/30/2021 FBDI!PDDVSSFODF% PDDVS FYDFTT!MJBC 5,000,000 DMBJNT.NBEFBHHSFHBUF% % EFESFUFOUJPO% QFSPUI. XPSLFST!DPNQFOTBUJPO TUBUVUFFS BOE!FNQMPZFST(!MJBCJMJUZ Z!0!O BOZQ!SPQSJFUPS0QBSUOFS0FYFDVUJWF F/M/!FBDI!BDDJEFOU% O!0!B N PGGJDFS0NFNCFS!FYDMVEFE@ )Nboebupsz!jo!OI* F/M/!EJTFBTF!.!FB!FNQMPZFF% Jg!zft-!eftdsjcf!voefs F/M/!EJTFBTF!.!QPMJDZ!MJNJU% EFTDSJQUJPO!PG!PQFSBUJPOT!cfmpx EFTDSJQUJPO!PG!PQFSBUJPOT!0!MPDBUJPOT!0!WFIJDMFT!!)BDPSE!212-!Beejujpobm!Sfnbslt!Tdifevmf-!nbz!cf!buubdife!jg!npsf!tqbdf!jt!sfrvjsfe* The City of Spokane Valley is included as Additional Insured where required by written contract or agreement. 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