CONTRACT 5705 Service Agreement CLOSEDAgreement No. 5705
SERVICES AGREEMENT (INSTALLATION SERVICES)
BETWEEN
THE CITY OF EL SEGUNDO AND
WESTERN AIV, DBA WESTERN AUDIO VISUAL, INC.
THIS INSTALLATION SERVICES AGREEMENT ("Agreement") is made and
entered into this 13 day of May, 2019, by and between the CITY OF EL SEGUNDO,
a general law city and municipal corporation ("CITY") and WESTERN A/V, DBA
WESTERN AUDIO VISUAL a California S Corporation ("CONTRACTOR"). The Parties
agree as follows:
1. CONSIDERATION,
A. As partial consideration, CONTRACTOR agrees to perform the work listed
in the SCOPE OF SERVICES, below;
B. As additional consideration, CONTRACTOR and CITY agree to abide by
the terms and conditions contained in this Agreement,
C. As additional consideration, CITY agrees to pay CONTRACTOR for
CONTRACTOR's services not to exceed a total of $40,000 for the entire
term of this Agreement. CITY will pay for work on the basis of the hourly
rates and cost reimbursement rates as specified in Exhibit "B," which is
incorporated by reference.
2. TERM. The term of this Agreement will be from May 13, 2019, to May 31, 2020.
3. SCOPE OF SERVICES.
A. CONTRACTOR will perform the installation services listed in the attached
Exhibit 'A" which is incorporated by reference. The provisions contained
in this Agreement supersede any conflicting provisions in Exhibit A.
B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor,
technical, administrative, professional and other personnel, all supplies
and materials, equipment, printing, vehicles, transportation, office space
and facilities, and all tests, testing and analyses, calculation, and all other
means whatsoever, except as herein otherwise expressly specified to be
furnished by CITY, necessary or proper to perform and complete the work
and provide the professional services required of CONTRACTOR by this
Agreement.
4. PREVAILING WAGES.
A. Pursuant to Labor Code § 1720, and as specified in 8 California Code of
Regulations § 16000, CONTRACTOR must pay its workers prevailing
City of EI Segundo Services Agreement
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Agreement No. 5705
wages. It is CONTRACTOR's responsibility to interpret and implement any
prevailing wage requirements and CONTRACTOR agrees to pay any
penalty or civil damages resulting from a violation of the prevailing wage
laws.
B. In accordance with Labor Code § 1773.2, copies of the prevailing rate of
per diem wages are available upon request from CITY's Engineering
Division or the website for State of California Prevailing wage
determination at htto://www,dir.ca,gov/DLSR/PWD. CONTRACTOR must
post a copy of the prevailing rate of per diem wages at the job site.
C. CITY directs CONTRACTOR's attention to Labor Code §§ 1777.5, 1777.6
and 3098 concerning the employment of apprentices by CONTRACTOR
or any subcontractor.
D. Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing
tradesmen in any apprenticeship occupation to apply to the joint
apprenticeship committee nearest the site of the public works project and
which administers the apprenticeship program in that trade for a certificate
of approval. The certificate must also fix the ratio of apprentices to
journeymen that will be used in the performance of the contract. The ratio
of apprentices to journeymen in such cases will not be less than one to
five except:
When employment in the area of coverage by the joint appren-
ticeship committee has exceeded an average of 15 percent in the
90 days before the request for certificate, or
When the number of apprentices in training in the area exceeds a
ratio of one to five, or
iii, When the trade can show that it is replacing at least 1/30 of its
membership through apprenticeship training on an annual basis
state-wide or locally, or
iv. When CONTRACTOR provides evidence that CONTRACTOR
employs registered apprentices on all of his contracts on an annual
average of not less than one apprentice to eight journeymen.
V. CONTRACTOR is required to make contributions to funds estab-
lished for the administration of apprenticeship programs if
CONTRACTOR employs registered apprentices or journeymen in
any apprenticeable trade on such contracts and if other contractors
on the public works site are making such contributions.
vi. CONTRACTOR and any subcontractor must comply with Labor
Code §§ 1777.5 and 1777.6 in the employment of apprentices.
City of EI Segundo Services Agreement
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Agreement No. 5705
vii. Information relative to apprenticeship standards, wage schedules
and other requirements may be obtained from the Director of
Industrial Relations, ex -officio the Administrator of Apprenticeship,
San Francisco, California, or from the Division of Apprenticeship
Standards and its branch offices.
E. CONTRACTOR and its subcontractors must keep an accurate certified
payroll records showing the name, occupation, and the actual per diem
wages paid to each worker employed in connection with this Agreement.
The record will be kept open at all reasonable hours to the inspection of
the body awarding the contract and to the Division of Labor Law
Enforcement. If requested by CITY, CONTRACTOR must provide copies
of the records at its cost.
5. PAYMENTS.
A. For CITY to pay CONTRACTOR as specified by this Agreement,
CONTRACTOR must submit a detailed invoice to CITY.
B. Payments for work will only be made after CITY issues a written notice to
proceed. All work is subject to all other terms and provisions of this
Agreement.
6. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONTRACTOR represents that
CONTRACTOR has
i. Thoroughly investigated and considered the scope of services to be
performed;
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONTRACTOR warrants that
CONTRACTOR has or will investigate the site and is or will be fully
acquainted with the conditions there existing, before commencing the
services hereunder. Should CONTRACTOR discover any latent or
unknown conditions that may materially affect the performance of the
services, CONTRACTOR will immediately inform CITY of such fact and
will not proceed except at CONTRACTOR's own risk until written
instructions are received from CITY.
7. INSURANCE,.
A. Before commencing performance under this Agreement, and at all other
City of EI Segundo Services Agreement
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Agreement No. 5705
times this Agreement is effective, CONTRACTOR will procure and
maintain the following types of insurance with coverage limits complying,
at a minimum, with the limits set forth below:
Tvoe of Insurance
Commercial general liability:
Business automobile liability
Workers compensation
$2 Million
$1 Million
Statutory requirement
B. Commercial general liability insurance will meet or exceed the
requirements of ISO -CGL Form No. CG 00 01 11 85 or 88, or equivalent.
The amount of insurance set forth above will be a combined single limit
per occurrence for bodily injury, personal injury, and property damage for
the policy coverage. Liability policies will be endorsed to name City, its
officials, and employees as "additional insureds" under said insurance
coverage and to state that such insurance will be deemed "primary" such
that any other insurance that may be carried by City will be excess
thereto. CITY's additional insured status will apply with respect to liability
and defense of suits arising out of LICENSEE's acts or omissions. Such
insurance will be on an "occurrence," not a "claims made," basis and will
not be cancelable or subject to reduction except upon thirty (30) days prior
written notice to City.
C. Automobile coverage will be written on ISO Business Auto Coverage Form
CA 00 01 06 92, including symbol 1 (Any Auto).
D. CONTRACTOR will furnish to City valid Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement,
a copy of an Additional Insured Endorsement as required herein, and such
other evidence of insurance or copies of policies as may be reasonably
required by City from time to time. Insurance must be placed with insurers
with a current A.M. Best Company Rating equivalent to at least a Rating of
"A:VII." Certificate(s) must reflect that the insurer will provide thirty (30)
day notice of any cancellation of coverage. CONTRACTOR will require its
insurer to modify such certificates to delete any exculpatory wording
stating that failure of the insurer to mail written notice of cancellation
imposes no obligation, and to delete the word "endeavor" with regard to
any notice provisions.
E. Should CONTRACTOR, for any reason, fail to obtain and maintain the
insurance required by this Agreement, City may obtain such coverage at
CONTRACTOR's expense and deduct the cost of such insurance from
payments due to CONTRACTOR under this Agreement or terminate.
8. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this
Agreement until:
City of EI Segundo Services Agreement
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Agreement No. 5705
A. CONTRACTOR furnishes proof of insurance as required under Section 7
of this Agreement; and
B. CITY gives CONTRACTOR a written notice to proceed.
C. Should CONTRACTOR begin work in advance of receiving written
authorization to proceed, any such professional services are at
CONTRACTOR's own risk.
9. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any
time with or without cause. Notice of termination will be in writing.
B. CONTRACTOR may terminate this Agreement upon providing written
notice to CITY at least thirty (30) days before the effective termination
date.
C. Should the Agreement be terminated pursuant to this Section, CITY may
procure on its own terms services similar to those terminated.
D. By executing this document, CONTRACTOR waives any and all claims for
damages that might otherwise arise from CITY's termination under this
Section.
10. INDEMNIFICATION.
A. CONTRACTOR indemnifies and holds CITY harmless from and
against any claim, action, damages, costs (including, without
limitation, attorney's fees), injuries, or liability, arising out of this
Agreement, or its performance. Should CITY be named in any suit, or
should any claim be brought against it by suit or otherwise, whether
the same be groundless or not, arising out of this Agreement, or its
performance, CONTRACTOR will defend CITY (at CITY's request and
with counsel satisfactory to CITY) and will indemnify CITY for any
judgment rendered against it or any sums paid out in settlement or
otherwise.
B. For purposes of this section "CITY" includes CITY's officers, officials,
employees, agents, representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions will
survive termination of this Agreement.
11. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that
CONTRACTOR will act as an independent contractor and will have control of all work
and the manner in which it is performed. CONTRACTOR will be free to contract for
similar service to be performed for other employers while under contract with CITY.
City of EI Segundo Services Agreement
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Agreement No. 5705
CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in
any pension plan, insurance, bonus or similar benefits CITY provides for its employees.
Any provision in this Agreement that may appear to give CITY the right to direct
CONTRACTOR as to the details of doing the work or to exercise a measure of control
over the work means that CONTRACTOR will follow the direction of the CITY as to end
results of the work only.
12. NOTICES.
A. All notices given or required to be given pursuant to this Agreement will be
in writing and may be given by personal delivery or by mail. Such noticing
does not include day-to-day communications between CITY's and
CONTRACTOR's project managers. Notice sent by mail will be addressed
as follows:
To CITY: Information Systems Department
City of EI Segundo
350 Main Street
EI Segundo, CA 90245
To CONTRACTOR: Western Audio Visual
1592 N. Batavia St., Suite #2
Orange, CA 928767
Attn: Hailey Schellin, Account Executive
B, When addressed in accordance with this paragraph, notices will be
deemed given upon deposit in the United States mail, postage prepaid. In
all other instances, notices will be deemed given at the time of actual
delivery.
C. Changes may be made in the names or addresses of persons to whom
notices are to be given by giving notice in the manner prescribed in this
paragraph.
13. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a
Taxpayer Identification Number.
14. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition
contained in this Agreement will not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant, or condition contained in this
Agreement, whether of the same or different character.
15. CONSTRUCTION. The language of each part of this Agreement will be construed
simply and according to its fair meaning, and this Agreement will never be construed
either for or against either party.
City of EI Segundo Services Agreement
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Agreement No. 5705
16. SEVERABLE. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to
the extent necessary in the opinion of the court to render such portion enforceable and,
as so modified, such portion and the balance of this Agreement will continue in full force
and effect.
17. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience
of reference only and will not affect the interpretation of this Agreement.
18. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute
a waiver of any other provision, nor will such waiver constitute a continuing waiver.
19. INTERPRETATION. This Agreement was drafted in and will be construed in
accordance with the laws of the State of California, and exclusive venue for any action
involving this agreement will be in Los Angeles County.
20.AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned
upon approval and ratification by the EI Segundo City Council. This Agreement is not
binding upon CITY until executed by the City Manager. The Parties represent and
warrant that all necessary action has been taken by the Parties to authorize the
undersigned to execute this Agreement and to engage in the actions described herein.
This Agreement may be modified by written agreement. CITY's city manager may
execute any such amendment on behalf of CITY.
21.ACCEPTANCE OF ELECTRONIC SIGNATURES. The Parties agree that this
Agreement, agreements ancillary to this Agreement, and related documents to be
entered into in connection with this Agreement will be considered signed when the
signature of a party is delivered by electronic (pdf) or facsimile transmission. Such
electronic or facsimile signature will be treated in all respects as having the same effect
as an original signature.
22. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity
between any provision of this Agreement, its attachments, the purchase order, or notice
to proceed, the provisions of this Agreement will govern and control.
23. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience
of reference only and will not affect the interpretation of this Agreement.
24. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire,
flood, explosion, war, terrorist act, embargo, government action, civil or military
authority, the natural elements, or other similar causes beyond the Parties' control, then
the Agreement will immediately terminate without obligation of either party to the other.
25. ENTIRE AGREEMENT. This Agreement and its one attachment constitute the sole
agreement between CONTRACTOR and CITY respecting Installation Services. To the
extent that there are additional terms and conditions contained in Exhibit "A" that are not
in conflict with this Agreement, those terms are incorporated as if fully set forth above.
City of EI Segundo Services Agreement
Page 7
Agreement No. 5705
There are no other understandings, terms or other agreements expressed or implied,
oral or written.
[SIGNATURES ON FOLLOWING PAGE]
City of EI Segundo Services Agreement
Page 8
Agreement No. 5705
IN WITNESS WHEREOF the parties hereto have executed this Agreement the
day and year first hereinabove written.
CIJGL SE DO
WESTERN A/V, INC.
WESTERN AUDIO VSUAL
;DB
'
Grnter,
Haile Scliellin,
yCiter
Account Executive
l
`yO�Z
Taxpayer ID NoZ6 � 3
Tracy Weaver,
City Clerk
Business License No. / /
State License No. 7/ 6 0
APPROVED AS TO FORM:
Mar D. eesley,
City Attorney
City of EI Segundo Services Agreement
Page 9
Multimedia Systems Upgrade
for
the City of EI Segundo:
Public Library AV Equipment Replacement
SCOPE OF WORK
AgreemEDM41NT5A05
Overview— Western AV will provide and install all necessary components to
upgrade the Audio/Visual systems in the current Community Room at the City of EI
Segundo Pubic Library. All work will be performed by Western AV. After
completion of the project, as -built documentation will be delivered. This includes
all drawings, DSP programming, Crestron control code and electronic copies of all
user manuals. Training sessions will be provided to all necessary personal.
Technolociv — The main goal in the design of this system is to provide a system
that meets the requirements of today's users AND the demands of the digital
technology in the future. To accomplish this, Crestron's DigitalMedia technology
was chosen. This DigitalMedia system will accept all input formats available today;
analog video, analog VGA, HDMI, Displayport, Mini-Displayport and DVI. All DM
systems support any material with HDCP copyright protection as well.
Displav Svstem — Western AN has proposed to install a 90" display at the front of
the Community Room. The 90" display will be utilized for all presentation and
display needs within the room.
Sources — The Public Library Community Room will be utilizing the
following sources:
-An analog (VGA) and digital (HDMI) laptop connection wall -plate
will be installed at the front of the room near the lectern (Laptop is
Owner Furnished).
-A wireless presentation gateway, known as the Barco Clickshare
(see picture on the left). The Barco Clickshare has a lag time of less
than 100 milliseconds. If requested, Western A/V is happy to provide
a demo of the Barco Clickshare.
-A Bluray player will be installed within the rack of the cabinetry
located next to the lectern.
San Dieao Countv + 6353 Corte del Abeto, Suite 106, Carlsbad, Ca 92011 • Tel: 760-438-1200 • Fax: 760-438-0066
Oranee Countv • 1592 N. Batavia St, Suite 2, Orange, Ca 92867 w Tel: 714-637-7272 « Fax 714-637-7330
www.wavl.com
Agreement No. 5705
Westur"
Audio Volsot'
h,
If the City would like to add an Owner Furnished dedicated room PC as a source,
Western A/V already has the capacity to do so. If the City decides to add an Owner
Furnished PC to this room, then it will require a hard -wired internet connection.
Otherwise, Western A/V's proposal thus far does not require any hard -wired
internet connections.
Audio Svstem — A Biamp Digital Signal Processor (DSP) will be installed. The
DSP will process the microphone signals, as well as control the volume in the
room. A new amplifier will also be installed. Western AN will provide and install
three (3) microphones for the room. One microphone is a handheld, one
microphone is a lavalier, and the last microphone is a gooseneck microphone for
the lectern. Western AN will provide and install six (6) ceiling speakers to provide
sufficient audio coverage throughout the room. In addition, Western AN will
provide and install two (2) surface mounted speakers on each side of the display
on the front wall.
Control Svstem — A 7" wall mounted touch screen will be provided and integrated
to give the end user wireless control of all system functions. These functions
include, but are not limited to, Source Selection, Display Power, and Volume
Control.
Miscellaneous — Western A/V will reuse the existing owner furnished rack.
Service/Preventative Maintenance (1 Yearl -Western A/V has included a one (1)
year Service/Preventative Maintenance contract within this proposal, free of
charge.
The City of EI Segundo has included a contingency amount of $9,273.92, bringing the
total "Not to Exceed" contract amount of $40,000.00.
San Dieeo County • 6353 Corte del Abeto, Suite 106, Carlsbad, Ca 92011 • Tel: 760-438-1200 * Fax: 760-438-0066
Oranee Countv . 1592 N. Batavia St, Suite 2, Orange, Ca 92867 * Tel: 714-637-7272 • Fax 714-637-7330
www.wavl.com
Agreement No. 5705
Exhibit B
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Phone t/GO)496120
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P5080T Tilling low -profile mount for gat -panels up to 300
Fax IP01 43&0066
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COMPANY: City of EI Segundo L,bTory d„'ommraunily Corder
DA'TE': Apr,I 16 2019
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30tl Deposit Upon
ATTENTION: Darlene Fennell
21400 $
TERMS: Approval
ADDRESS: 111 W Mariposa Ave
Sony BDP-SS700
FOB: Destination
$
10500 $
SALES TAX: 95000%
EI Segundo, CA 90245
HD-TXC-101-C-E DM Lite — HDMIS over CATx Transmitter w/IR &
DELIVERY: TBD
TELEPHONE: 310524-2334
1,38Y 00 $
QUOTE VALID 30 Days
FAX PHONE:
REVISION: B
E-MAIL: dilemnel0olseraund'o orct
Crestron
WAV PROJECT#a TBD _.... ..
ITEM OTY
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MANUFACTURER
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Sharp
'90'" 1080p LED•L CD TV -w.
PN-LE901 16'9 -HDTV
$ 4,96800 $
4,968,00
'1
Premier Mounts
P5080T Tilling low -profile mount for gat -panels up to 300
$ 11300 $
11300
...'$
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Crosdro:n
HD-RX6101-C-E DM Lade ... HOM10 ovoa CATx Rerelvoir wu IIRM,&.R.S
21400 $
214 00
1
Sony BDP-SS700
232, Surface Mount
$
10500 $
il
Crestron
HD-TXC-101-C-E DM Lite — HDMIS over CATx Transmitter w/IR &
$ 214.00 $
21400
1,38Y 00 $
'R,387 00
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Crestron
DM-RMC-4KZ-100-C DigitalMedia 8G+@ 41<60 4:4:4 HDR Receiver &
$ 482.00 $
48200
12 o�nad on oils. 6 analog
Fixed 1/0 DSP with p
$'
Room Controller 100
1.39000
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Notes: This proposal does inciude ipr6vaI1Ing wage rates.
AUTHORIZED SIGNATURE
DATE
c1W P.,.w V-60 .1 PWe 1
Sources
1
Crestron HD -MD -300 -C -E -W
DM Lite — HD Scaling Auto-Switcher & HDMI®
$
603,00 $
803,00
over CATx Extender 300 w/Wall Plate
Transmitter, White (Laptop HDMI & VGA)
1
Sony BDP-SS700
4K-Upscaling Blu-ray Disc Player with Wi-Fi
$
10500 $
10500
1
Baarcra CdiaASfiaro GSE -2100
VAmoss prasent'ation o stem
$
e■mmmmmmuuuumauuu
1,38Y 00 $
'R,387 00
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am TesireFORTEAI
12 o�nad on oils. 6 analog
Fixed 1/0 DSP with p
$'
1T 90.00.w $
1.39000
outputs, and 8 channels con6ginobde USB audio
1
Shure QLXD241SM58-H50
Handheld Wireless Microphone System
$
85500 5,
85500
1
Shure QLXD14/85
Lavalier Wireless Microphone System
$
92200 $
922,00
2
Shure UA221
Passive Antenna Splitter
'S
118.00
23600
1
Shure MX418/C
Cardioid -18" Gooseneck Condenser Microphone,
$
177,00 '$
177.00
Attached Preamp with XLR, Shock Mount, Flange
Mount. Snap -Fit Foam Windscreen
1
Shure A400SMXLR
A400SM Shock Mount & A400XLR Insert
S
2900 $
2900
Packaged Combination
1
Lab Gruppen 992267011
E5A 500w AMP 4CH
S
707.00 $
707,00
6
Yamaha VXC6W
6 5" cone woofer with a 075" soft dome tweeter
'$
11500 $
69000
In Ceiling Speakers, While
2
Yamaha VXSBW
8" cone woofer with a 1" soft dome tweete, While
$
19200 $
384.00
�1�f,
a �DMP634uOOOIOIOIIK-100-C3-SerieUs
il�Suuuu
m$ Il,uuuuuum
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Crestron
4KDgileIMed'Iwa�Presentation
2,1i40uu000
System 100
1
Crestron TSW-760-W-S
7 in Touch Screen, White Smooth
$
749,00 $
74900
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1
Western AV Misc
Cables, Connectors, Hardware, Etc
$
504.00 $�,Ii�
504.00
1
Netgear G610SPE-300NAS
ProSafe Plus Switch 8 -port Gigabit Ethernet
$
108,00 $
10800
EQUIPMENT
SUB -TOTAL
Switch
Tl��il 00
SHIPPING ■ HANDLING
TAX
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1 C82 11
Engineering, Drafting & DSP
$
1,13000
Control Programming
$
2,680,00
Project Management
S
29200
Staging & Assembly
$
-
Installation & Testing
$
6,570,00
Training
$
14600
Service/Preventative Maintenance (1 Year)
FREE
Sub -Contract
$
G & A
$
343.54
Electronic Waste Recycling Fee
$
12.00
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Notes: This proposal does inciude ipr6vaI1Ing wage rates.
AUTHORIZED SIGNATURE
DATE
c1W P.,.w V-60 .1 PWe 1