HomeMy WebLinkAboutDRS Sound Inc.-hearing loop install 2017 CIIy
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Oshkosh
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made on the 121h day of April, 2017, by and between the CITY of OSHKOSH,
hereinafter referred to as CITY, and DRS SOUND INC., 227 SOUTHRIDGE DRIVE, KIEL, WI 53042,
hereinafter referred to as the CONSULTANT,
WITNESSETH:
That the CITY and the CONSULTANT, for the consideration hereinafter named, enter into the
following Agreement,
COMPONENT PARTS OF THE AGREEMENT
Thus Agreement consists of the following component parts, all of which are as fully a part of this
Agreement as if herein set out verbatim, or if not attached,as if hereto attached:
1. This Instrument
2. Consultant's Professional Services Proposal dated February 22,2017 and attached hereto.
In the event that any provision in any of the above component parts of this Agreement conflicts with
any provision in any other of the component parts, tl-ie 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.
CITY REPRESENTATIVE
The CITY shall assign the following individual to manage this Agreement:
Jon Urben, General Services Manager
SCOPE OF WORK
The CONSULTANT shall provide the services described in the CONSULTANT's attached Professional
Services Proposal. CITY may make or approve changes within the general Scope of Services contained
within the Professional Services Proposal and in this AGREEMENT, If such changes affect
CONSULTANT's cost or time required for performance of the services, an equitable adjustment will be
made through an amendment to this AGREEMENT.
Ciiy Hall,215 Church Avenue P,p,Box 1130 Oshkosh,W1 54903-1130 http://wtiw✓.ci.oshkosh.wi.us
�lD INSTRUMENTS OF SERVICE
,As, drawings, software, data, computer files, and other materials, documents and instruments
ared by the CONSULTANT as instruments of service shall remain the property of the CITY. Any
ocument related to this agreement, whether in electronic or paper form, is considered a public record
nd shall be provided to the City upon request. The contractor may provide the City with an
planation of why they believe any document should not be released to the public. The City shall
Lake all final determinations regarding the existence or release of any document related to this
;reement.
_RM AND TERMINATION
Term, This Agreement shall commence upon the date indicated above and shall terminate one
ar from City's acceptance of the completed system, unless terminated earlier by one of the parties as
ovided below.
Termination.
For Cause. If either party shall fail to fulfill in timely and proper manner any of the obligations
:ler this Agreement, the other party shall have the right to terminate this Agreement by written
-ice. In this event, the CONSULTANT shall be entitled to compensation to the date of delivery of the
tire.
or Convenience. The CITY may terminate this Agreement at any time by giving written notice to
CONSULTANT no later than 30 calendar days before the termination date.
IE OF COMPLETION
CONSULTANT shall perform the services under this Agreement with reasonable diligence and
?diency consistent with sound professional practices. The CITY agrees that the CONSULTANT is
responsible for damages arising directly or indirectly from any delays for causes beyond the
4SULTANT's control. For the purposes of this Agreement, such causes include, but are not limited
trikes or other labor disputes, severe weather disruptions or other natural disasters, or failure of
)rmance by the CITY. If the delays resulting from any such causes increase the time required by
'ONSULTANT to perform its services in an orderly and efficient manner, the CONSULTANT shall
ititled to an equitable adjustment in schedule. CONSULTANT has agreed to perform the services
n the following timeframes set aside within the Oshkosh Convention Center renovation schedule: i
I
dy I.8-20(north half ballroom installation)
ily 26-27(south half ballroom installation/testing/complet-ion of system)
FNSION DELAY OR INTERRUPTION OF WORK
may suspend, delay, or interrupt the Services of CONSULTANT for the convenience of CITY. In E
went, CONSULTANT's contract price and schedule shall be equitably adjusted.
ASSIGNMENT
Contractor shall not have the right to assign this Agreement without the written prior consent of the
City.
INDEPENDENT CONTRACTOR
CONSULTANT is an independent contractor and is not an employee of the CITY.
COOPERATION IN LITIGATION AND AUDITS
Contractor shall fully and completely cooperate with the City, the City's insurer, the Citys attorneys,
the City's Auditors or other representative of the City (collectively, the "City" for purposes of this
Article) in connection with(a) any internal or governmental investigation or administrative,regulatory,
arbitral or judicial proceeding (collectively "Litigation") or internal or governmental Audit, with
respect to matters relating to this Agreement; other than a third party proceeding in which Contractor
is a named party and Contractor and the City have not entered into a mutually acceptable joint defense
agreement.
Such cooperation may include,but shall not be limited to, responding to requests for documents and/or
other records, and making Contractor's employees available to the City (or their respective insurers,
attorneys or auditors) upon reasonable'notice for: (i) interviews, factual investigations, and providing
declarations or affidavits that provide truthful information in connection with any Litigation or Audit,
(ii) appearing at the request of the City to give testimony without requiring service of a subpoena or
other legal process; (iii) volunteering to the City all pertinent information related to any Litigation or
Audit; and (iv) providing information and legal representations to auditors in a form and within a
timeframe requested.
City shall reimburse Contractor for reasonable direct expenses incurred in connection with providing
documents and records required under this paragraph and may require, at the City's sole discretion,
such expenses to be documented by receipts or other appropriate documentation. Reasonable direct
expenses include costs, such as copying, postage and similar costs; but do not include wages, salaries,
benefits and other employee compensation. Contractor shall not be entitled to additional
compensation for employee services provided under this paragraph.
STANDARD OF CARE
The standard of care applicable to CONSULTANT's Services will be the degree of skill and diligence
normally employed by professional CONSULTANTs or consultants performing the same or similar
Services at the time said services are performed. CONSULTANT will re-perform any services not
meeting this standard without additional compensation.
CITY RESPONSIBILITIES
The CITY shall furnish, at the CONSULTANT's request, such information as is needed by the
CONSULTANT to aid in the progress of the project, providing it is reasonably obtainable from City
records.
CONSULTANT may reasonably rely upon the accuracy, timeliness, and completeness of the
information provided by CITY.
To prevent any unreasonable delay in the CONSULTANT'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.
PAYMENT
A. The Agreement Sum, The CITY shall pay to the CONSULTANT for the performance of the
Agreement the NOT TO EXCEED amount of$29,047 as outlined in the Cost portion of the Consultant's
Professional Services Proposal.
B. Method°:of Payment. The CONSULTANT shall submit itemized monthly statements for services.
The CITY shall pay the CONSULTANT 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
CONSULTANT a statement as to the reason(s) for withholding payment.
C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written
amendment to this Agreement executed by both parties prior to proceeding with the work covered
under the subject amendment.
HOLD HARMLESS
The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless against all
actions, claims, and demands which may be to the proportionate extent caused by or result from the
intentional or negligent acts of the CONSULTANT, its agents or assigns, its employees, or its
subcontractors gelated to the performance of this Agreement 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 for those actions, claim, and demands caused by or resulting from
intentional or negligent acts as specified in this paragraph.
Subject to any limitations contained in Sec. 893.80 and any similar statute, of the Wisconsin Statutes,
the City further agrees to hold CONTRACTOR harmless from any and all liability, including claims,
demands, losses, costs, damages, and expenses of every kind and description (including death), which
may be to the proportionate extent caused by or result from the intentional or negligent acts of the
CITY, its agents or assigns, its employees, or its subcontractors related to the performance of this
Agreement or be caused or result from any violation of any Iaw or administrative regulation, where
such liability is founded upon or grows out of the acts or omission of any of the officers, employees or
agents of the City of Oshkosh while acting within the scope of their employment.
It is the intention of the parties to this Agreement that each party shall be solely responsible for its own
actions and activities and the actions and activities of its own officers, employees and agents while
acting within the scope of their employment
INSURANCE
The CONSULTANT agrees to abide by the City of Oshkosh Insurance Requirements as specified in the
CITY'S Request for Proposal for this project,
WHOLE AGREEMENT 1 AMENDMENT
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.
NO THIRD-PARTY BENEFICIARIES
This AGREEMENT gives no rights or benefits to anyone other than CITY and CONSULTANT and has
no third-party beneficiaries.
AGREEMENT NOT TO BE CONSTRUED AGAINST ANY PARTY
This Agreement is the product of negotiation between the parties hereto and no term, covenant or
provision herein or the failure to include a term, covenant or provision shall be construed against any
party hereto solely on the basis that one party or the other drafted this Agreement or any term,
covenant or condition contained herein,
NO WAIVER
Failure of either party to insist upon the strict performance of terms and provisions of this agreement,
or any of them, shall not constitute or be construed as a waiver or relinquishment of that party's right
to thereafter enforce such term or provision, and that term of the provisions shall continue in full force
and effect.
NON-DISCRIMINATION
The Operator agrees not to discriminate in its operations under this Agreement on the basis of race,
color, creed, age, and gender, or as otherwise prohibited by law. A breach of this covenant may be
regarded as a material breach of this Agreement
SEVERABILITY
If any term, 'covenant, condition or provision of this agreement shall be invalid or enforceable, the
remainder of this agreement shall not be affected thereby the remainder of the agreement shall be valid
and enforceable to the fullest extent permitted by law.
CHOICE OF LAW AND VENUE
The laws of the State of Wisconsin shall govern the interpretation and construction of this Agreement.
Winnebago County shall be the venue for all disputes arising under this Agreement.
IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused this contract to be sealed
with its corporate seal and to be subscribed to by its City Manager and City Clerk and countersigned
by the Comptroller of said City, and CONSULTANT hereunto set its hand and seal the day and year
first above written.
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In the Presence of: CONSU TANT I
N e of mp y/F rn
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By:
(Seal of Contractor (Specify Title)
if a Corporation.) !
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CITY OSHKOSH
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i ess) `. ._..._. .... A�Si� Ci-� PM art��ca2
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Pamela R.Ubri , City Clerk
APPROVED: I hereby certify that the necessary
provisions have been made to pay
the liability which will accrue under
this contract
yCty t rney
City Comptroller
227 Southridge Drive www.drssound.com
Kiel,WI 53042 Zft*l L9 drssound@fakefietd.net .
920-323-7272
2/22/2017
Hearing Loop Upgrade: Oshkosh Convention Center
My name is David Scroggins, I am the owner and president of DRS Sound Inc.
DRS Sound Inc. is located in Kiel, W1 and installs hearing loop systems to the IEC
standard 60118-4 throughout Wisconsin and all over the US.
DRS Sound Inc. was incorporated in 1996 as a sound & lighting company providing
production to casinos and theaters throughout Wisconsin along with installing sound
systems in churches as its main type of work.
In 2010 DRS Sound Inc. entered the hearing loop installation field and in 2012 changed
its-focus from sound & lighting production to installing hearing loops as 100% of its
business. Since 2010 DRS Sound Inc. has installed over 300 hearing loops in churches,
theaters, schools and courtrooms from Los Angeles to Seattle to Delaware. References
for the past 3+ years installations can be viewed at w�vi�T drssound.com under "recent
installs" with names and locations of each installation listed.
Today DRS Sound Inc. is regarded as one of the most experienced hearing loop
installers in the US. We pride ourselves on above and beyond customer service before,
during and after the installation.
DRS Sound Inc. is proposing a low spill, engineered phased array hearing loop
installation for the Oshkosh Convention Center. Due to the metal loss or steel in the
concrete floor this design is recommended to overcome any adverse or negative affects
the metal would have on the performance of a hearing loop system.
Due to the extremely long wire lengths required for the main center ballroom space (94'
X 108') which exceeds the driver/amplifiers capability this large area must be divided
into 2 separate areas of 47' X 108' requiring a hearing loop driver/system for each.
Because each of the main Z ballroom sections of 47' X 108' areas are at about the
physical limits for wire length with the proposed design the side exhibition halls would
have to be on separate driver/arnplif ers to include that space or area in the hearing loop
coverage. (quote #I and quote #2).
227 Southridge Drive ,t www.drssound.com
Kiel, Wl 53042 drssound@lakefield.net
920-323-7272
DRS Sound is proposing (2) different and separate quotes or options for hearing
loop installations at the Oshkosh Convention Center.
One quote is for the whole ballroom area including the exhibition areas or a total of
(146' X 108) and the other quote is for just the main 2 large spaces (47' X 108) in the
center ballroom (see drawings).
The first quote is for (4) independent, (A,B,C,D) separate engineered phased array
hearing loop system installations dividing the main ballroom and side exhibition rooms
(146' X 108') into four rooms or 4 independent hearing loop systems with 2 larger main
systems appox, 47' X 108' with the main (center) with the dividing wall separating the
two systems and 2 smaller systems with the 108' dividing wall separating those systems
one each for the side exhibition area rooms approx. 26' X 108' on the north and south
sides of the ballroom. With this option you have the ability to split or combine each
hearing loop system to correspond with the audio feed for that section or area
simultaneously.
In my opinion this would be the most cost effective, logical way to have the ability to
divide or separate the 4 main large sections of the ballroom without trying to create
many separate, complicated discrete smaller rooms or loop systems for all the individual
exhibition rooms. Doing that would require a loop driver/amplifier for each room to
isolate and separate the hearing loop systems.
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By doing 4 independent hearing loop systems going front to back with the 4 sections
divided by the 108' airwalls the proposed (quote #1) design will have a spill or "bleed
over overlapping approx. each hearing loop system approx 4'- 6' along the 108' dividing
walls if all 4 hearing loop systems are used simultaneously and independently, If
combined will yield seamless coverage across all spaces.
OptionJQuote #2 Would cover only the 2 large main ballrooms (47' X 108") with 2
separate independent hearing loop systems requiring 2 loop amplifiers rather than 4 for
the full venue. The downside of this option is the side exhibition rooms are not in the #
hearing loop coverage. (26' X 108' on each side),
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227 Southridge Drivejr. www.drssound.com
Kiel,WI 53042 ���, 5�� �''
'�� � drssoundCalalcefield.net
920-323-7272
Based on the information provided my design would be to install the hearing loop
wiring (13ga flat wire) on the surface of the concrete floor in the proposed phased array
designs to produce a predictable, even volume and fi•equency response and a consistent,
even listening plane to the users.
The 13ga. copper flat loop wiring would have a 3rnil, 2" vinyl pvc protective warning
tape covering the loop wire to prevent cleaning chemicals and liquid from spills to
potentially damage or corrode the loop wire long teen.
The proposed designs and specified loop segment widths will meet the IEC 60018-4
standard set for hearing loops in this venue and overcome the adverse affects from the
metal reinforcement in the concrete floor.
Each of the 4 (quote #1) hearing loop systems or 2 hearing loop systems (Quote #2)
would consist of 2 sets of loops approx 9' wide segments overlapping the other set
equally providing a smooth, even sound to users on both vertical and horizontal axis's.
The red set of loops is overlapped by the green set of loops creating a horizontal loop
field and a vertical loop field. This engineered phased array design requires 2 amplifiers
or what are called "drivers" and a 90 degree phased shifter built into one standard 19"
rack unit for each of the 4 or 2 quoted hearing loop systems. j
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(the current system is a "perimeter" figure 8 design with one driver for each side or
system of the whole 146' X 108'). This current design does not meet the IEC standard
60118-4 set for hearing loops.
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The proposed quotes are for a turn key hearing loop installation, interfaced and set
to your house sound system and would take approx. 3 days to complete if the floor is.
clear, cleaned and prepped for the carpet installation.
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The hearing loop drivers would be located in the 2nd floor AN room and be connected to
their corresponding sound system areas via "feeder wires". When the sound system is
switched to combine or separate areas the hearing loop systems would correspond to the r
same feed.
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227 Southridge Drive T" F G y www.drssoutid.com
Kiel. WI 53042 �`"�'� �'� � �'�� �' drssound@Iakefield.net
920-323-7272
DRS Sound Inc. will run all necessary loop wiring and feeders fi-om the AN xoom
to the loop wiring on the floor.
This quote is subject to the EMI background noise meeting or exceeding the IEC 60118-
4 standard of-32dB or less.
DRS Sound Inc. if requested would work with your electrician to troubleshoot and
locate the source of the high EMI background noise that is present at this time.
227 Southridge Drive www.drssound.com
Kiel,WI 53042 " ]Y'Rf � '�. r drssound@fakefie[d.net
920-323-7272
DRS Sound Inc, would be able to schedule and perform this hearing loop
installation based on your timetable in the RFP.
The attached and provided quote would be the (Guaranteed Maximum Price) for this
installation and is subject to background noise (EMI) being within the tolerances of the
TEC standard 60118-4 of-32dB or less.
References for DRS Sound Inc. similar hearing loop installations in Oshkosh are as
follows: '
1, Winnebago Co Facilities, Coughlin Center
625 E HWY Y, Oshkosh, WI
2, Oshkosh City Counsel Chambers
Oshkosh, WI .
3, Winnebago County Courthouse
Oshkosh., WI
4, Webster Stanley Auditorium
Oshkosh, NI
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Thank you for your consideration j
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DRS Sound Inc. f '
David Scroggins owner/president
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920-323-7272
QUOTEm .,=.
Customer
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City Of Oshkosh =FOB
ss 215 Church Ave Oshkosh State WI 54901
Qty Oshkosh Convention Center Unit Price TOTAL
Hearing Loop System Installation
Main 2 Ballrooms NO Side Exhibition Rooms
Engineered Phased Array Design for 2 separate areas
2 Hearing Loop Amplifier/driver(syr warranty/phased array)
24 rolls 2"adhesive tape
37 rolls 2"vinyl wire cover
11 spools Flat copper loop wire 13ga. Or 1.8mm
5 3M spray adhesive
1 box 14ga. 4 Conductor feeder wire from driver to loops
Misc. Cable, Connectors & Hdwe.
8.5 x 11 Hearing Loop Signs
35 RX20 or equivalent hearing loop receivers @$99/ea.
ADA Minimum Requirements for Capacity of 1001-1049
Note 1: Estimate 2 days for completion'of installation if floor
is clean and prepped for floor coverings
t ':E
Nearing Loop Installation Will Meet or Exceed the
IEC-S0118-4 standard for Hearing Lomas
Final Invoice not to exceed quoted amount.
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TOTAL $29,047.00
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