Loading...
HomeMy WebLinkAboutMarco Technologies agreement (1)Docusign Envelope ID: CEA50B35-C69E-441C-9542-lDOABC17E68A CONTRACTOR AGREEMENT: PAGING/SOUND SYSTEM REPLACEMENT- POLLOCK COMMUNITY WATER PARK CITY OF OSHKOSH THIS AGREEMENT, made on the 23,d day of APRIL, 2025, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and MARCO TECHNOLOGIES, LLC, 3101 APOSTOLIC ROAD, APPLETON, WI 54913, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, enter into the following agreement. The Contractor's proposal is attached hereto and reflects the agreement of the parties except where it conflicts with this agreement, in which case this agreement shall prevail. ARTICLE I. COMPONENT PARTS OF THE CONTRACT This contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: A. This Instrument B. Proposal Solicitation C. Addendum 1 of 1 for this project dated April 7, 2025 D. Contractor's Bid Proposal dated April 15, 2025 In the event that any provision in any of the above component parts of this contract conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. ARTICLE II. PROTECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (Dan Olk, IT General Manager) B. Changes in Project Manager. The City shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The City shall be City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1 130 http://www.ci.oshkosh.wi.us Docusign Envelope ID: CEA50B35-C69E-441C-9542-1DOABC17E68A provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE III. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (Chad Dallman, Oshkosh Parks Department) ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in the City's Invitation for Bid for the Project titled "SOUND/PAGING SYSTEM REPLACEMENT POLLOCK COMMUNITY WATER PARK" dated March 28, 2025, and the contractor's bid form and materials attached. If anything in the Bid Form conflicts with the Bid Specifications, the provisions in the Bid Specifications shall govern. The Contractor may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. ARTICLE V. CITY RESPONSIBLITIES The City shall furnish, at the Contractor's request, such information as is needed by the Contractor to aid in the progress of the project, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the Contractor's work the City will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE VI. TIME OF COMPLETION The work to be performed under this contract shall be completed by no later than June 4, 2025. Any changes to this completion date must be agreed upon by both parties in writing. ARTICLE VII. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $24,469.02 adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. B. Fee schedules shall be firm for the duration of this Agreement. i. Method of Payment. The Contractor shall submit itemized monthly statements for services. The City shall pay the Contractor within 30 calendar days after receipt of such statement. If any statement amount is disputed, the City may withhold payment of such amount and shall provide to Contractor a statement as to the reason(s) for withholding payment. ii. Additional Costs. Costs for additional services shall be negotiated and set forth in a written Docusign Envelope ID: CEA50B35-C69E-441C-9542-1DOABC17E68A amendment to this agreement executed by both parties prior to proceeding with the work covered under the subject amendment. ARTICLE VIII. STANDARD PROVISIONS The CONSULTANT agrees in all hiring or employment made possible by or resulting from this agreement, there will not be any discrimination against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. ARTICLE IX. CONTRACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the Contractor, his agents or assigns, his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the City all sums including court costs, attorney fees and punitive damages which the City may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the City's written demand for indemnification or refund. ARTICLE X. INSURANCE The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The contractor's certificate of insurance for this project is attached as Exhibit B. ARTICLE XI. TERMINATION C. For Cause. If the Contractor shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the City shall have the right to terminate this Agreement by written notice to the Contractor. In this event, the Contractor shall be entitled to compensation for any satisfactory, usable work completed. D. For Convenience. The City may terminate this contract at any time by giving written notice to the Contractor no later than 10 calendar days before the termination date. If the City terminates under this paragraph, then the Contractor shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. Signatures. By placing their signatures below, each individual affirms that the entity they represent is authorized to enter into this Agreement, and further affirm that they are authorized by the entity they are representing to bind their respective parties to the terms and conditions of this Agreement. Docusign Envelope ID: CEA50B35-C69E-441C-9542-lDOABC17E68A (Witness) (Witness) APPROVED: Signed by: City Attorney CONTRACTOR E75207A84r7 iignne�d by: /'�G6. By. Arm McCann, Vice -President of IT Sales CITY OF OSHKOSH Signed by: E1�vd By: City Manager Signed by: And: City Clerk I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. Signed by: P1 City Comptroller Docusign Envelope ID: CEA50B35-C69E-441C-9542-lDOABC17E68A CITY OF OSHKOSH INVITATION FOR BIDS: PAGING/SOUND SYSTEM REPLACEMENT POLLOCK COMMUNITY WATER PARK BID PROPOSAL PAGE1OF2 We, the undersigned, propose to furnish and install a sound/paging system for replacement at the City of Oshkosh Pollock Community Water Park, 1550 Taft Avenue, Oshkosh, WI 54902, as per specifications or noted deviations for the following amount: Addenda: Receipt of Addenda numbered 1 of 1 are hereby understood, acknowledged and included in bidder's bid proposal form. If no addenda were issued for this bid please write "N/A" above. Install and replace sound/paging system: BID: $24 469.02 (Bid Price — in Words): Twenty four thousand four hundred sixty nine dollars and two cents If not bidding on specific items listed in Scope of Work, include complete list with bid proposal -� [X] Yes- I have submitted a Contractor Prequalification Form to the Purchasing Office per the deadline within these bid specifications. N Yes- I have include the bid specifications with acknowledgement of the revised bid specs per Addendum 1 of 1 and if necessary, any alternates for consideration. [X] Yes- If my bid is above $25,000 I have included a bid bond with my bid submittal. [X] Yes- I can have the system installed no later than June 4, 2025 SIGNATURES Date: 4.15.2025 Name of Company: Marco Technologies, LLC Submitted by: (name/title) Fred Kunkel, Technology Advisor Email: fred.kunkel(a),marconet.com Address of Company: 3101 Apostolic Rd, Appleton, WI 54913 Phone:608.834.4701 Company Representative that will be named Project Manager for this project, if awarded the bid: Dan Olk Signature Title IT General Manager Docusign Envelope ID: CEA50B35-C69E-441C-9542-1DOABC17E68A CITY OF OSHKOSH INVITATION FOR BIDS: PAGING/SOUND SYSTEM REPLACEMENT POLLOCK COMMUNITY WATER PARK BIDPROPOSAL PAGE20F2 Company Representative authorized to sign contracts electronically via DocuSign: Name: Ann McCann Email: ammmPmarconet com That I have examined and carefully prepared this Proposal from the Plans and Specifications and have checked the same in detail before submitting this Proposal; that I have full authority to make such statements and submit this Proposal in (its) (their) behalf, and that said statements are true and correct. Signature �� Title Vice President of IT Sales Warranty Details: All equipment comes with a 1 year warranty. Docusign Envelope ID: CEA50B35-C69E-441C-9542-1DOABC17E68A SCOPE OF WORK: Bidder will provide all labor, materials, equipment and related work specified within this Invitation for Bid: DESCRIPTION GENERAL YES NO/Alternate* Provide and install (1) sound/paging system X (Install includes working directly with pool staff on setup and integration, connecting hardware to existing wiring. Bidder will remove and dispose of current sound/pager system). EQUIPMENT (1) Atlas IED AZMP8- atomosphere signal processor with 120OW amp (1) Atlas IED AA100PHD- amplifier for existing paging horns (replace 1 amp) (12) Atlas IED AS-8T-B- 8" AS series outdoor speaker IP55 rated UV resistant (1) Atlas IED M300-HH- cardioid dynamic microphone (1) Atlast IED REMOTE SVR 4I-IR (4 hours remote configuration support) (2) Atlast IED GN-19E 19-inch ebony flexible gooseneck (2) Atlast IED MICCLIP- gooseneck mic clip (2) AtlasIED Atmosphere C- ZSVC zone, source and volume controller (2) AtlasIED AD-12BE Mic Flange Adaptor (1) Phenyz Pro PTU-71-2H dual UHF wireless microphone system w auto -scan (1) (stainless steel washers/screws/tiewraps, etc.) X X X X X X X X X X NOTE: Freight (F.O.B.) to water park and all installation must be included in initial bid. WARRANTY Bidder to state all base warranty limitations and conditions: All equipment comes with a 1 year warranty. *If bid is not for specified items above, please include a complete list for consideration with bid proposal form. Docusign Envelope ID: CEA50B35-C69EA41C-9542-1DOABC17E68A ADDENDUM #1 of 1 CITY OF OSHKOSH: PAGING/SOUND SYSTEM REPLACEMENT POLLOCK COMMUNITY WATER PARK Summary of uestions and/or City Clarification Distributed: April 7, 2025 Question/Issue Answer/Clarification 1. Remove the following from the original Bidders are to remove these two items from their bid specifications: (4) AtlasIED AT100- 100 bid proposal. watt single gang SS volume control w level markings and (6) AtlasIED AT35- 35 watt single gang SS volume control w level markings. 2. Add the following to the original bid Bidders are to add this item to their bid proposal specifications: (2) AtlasIED Atmosphere C- (or provide sufficient equal to be considered). ZSVC zone, source and volume controller; (2) AtlasIED AD-12BE Mic Flange Adaptor; (1) Phenyz Pro PTU-71-2H dual UHF wireless microphone system w auto -scan. 3. Lift rental or other to complete install. Bidders are to factor in lift rental and any other necessary install components into their bid. 4. Updated Bid Proposal Page Bidders are to use the attached updated Bid Proposal Page for their bid submittal, acknowledging receipt of Addendum 1 of 1 for this project. Bids submitted not using the updated Bid Proposal Page will not be accepted.