HomeMy WebLinkAbout74-0724 Alerting Communicators of America AGREEMENT WITH ALERTING COMMUNICATORS `'
OF AMERICA FOR CIVIL DEFENSE OUTDOOR ()� a T
•
WARNING SYSTEM
BY BID & COUNCIL ACTION 7/10/74
AGREEMENT
This agreement made and entered into this 21 day of July, 1974
by and between the City of Elgin, a municipal corporation hereinafter referred
to as "City" and Alerting Communicators of America, a division of Biersach E
Niedermeyer Co. , 6603 West Donges Bay Road, 104 N. , Mequon, Wisconsin, herein-
after referred to as "Company".
WITNESSETH
WHEREAS, City has solicited bids for the installation of a civil
defense outdoor warning system in accordance with City specifications
described in Invitation No. 771 dated January 17, 1974; and
WHEREAS, Company has submitted the low bid for furnishing of said
outdoor warning system in accordance with the aforesaid specifications; and
WHEREAS, the City Council has awarded the contract for the delivery
and installation of said outdoor warning system to Company.
Now, therefore, in consideration of the mutual promises and
covenants hereinafter set forth, it is agreed as follows:
1. Company agrees to install and deliver freight prepaid to City
seven new sirens manufactured by Company that comply strictly in accordance
with detailed City specifications described in Bid Invitation No. 771 dated
January 17, 1974, which is hereby incorporated herein by reference.
2. Company agrees to install and deliver freight prepaid to City
seven new remote control starters including proper overloads and telephone
relays all in weatherproof enclosures for above sirens.
3. Company agrees to provide all necessary labor and related
material such as poles, conduit, disconnect switches and wire to fully
install said new sirens and controls.
4. Company agrees to provide necessary labor and related material
to relocate three existing sirens.
5. Company agrees to provide necessary labor and related material
to repair and install one Thunderbolt siren owned by the City of Elgin.
6. City agrees to pay to Company the sum of $34,950.00 within 30
e4,1 0 d days after delivery and installation of the Civil Defense Outdoor Warning
0k 017_19 System in good working order.
Page 1 of 3
7. Company agrees that it shall not .be relieved of any obliga-
tion of this contract due to its failure to visit site locations and
acquaint itself with the conditions there existing within the City of Elgin.
8. Company agrees that eleven sirens will be installed at loca-
tions mutually agreed by Company and City.
9. Company shall carry and maintain during the life of this
contract public liability insurance in the following amounts: bodily
insurance liability $200,000 each person with a total limit of $1,000,000
for any one occurrence; property damage liability $200,000 for any one
occurrence.
10. Company shall purchase and maintain during the life of this
contract Workmen's Compensation Insurance written so as to conform to all
of the current legislative acts of the State of Illinois.
11. Company agrees to purchase and maintain during the life of
this contract Builders' Risk "All-Risk" completed value insurance coverage
upon the entire project, including completed work and work in progress.
12. Company agrees that prior to beginning work he shall furnish
a certificate of insurance which specifically refers to the insurance require-
ments in the above mentioned paragraphs and names the City of Elgin an
additional insured.
13. Company agrees to execute a performance bond acceptable to
the City of Elgin in the amount of 100% of the contract within 10 days
after date of this contract. The bond shall remain in full force until
date of acceptance in writing of the Civil Defense Warning System by the
Civil Defense Director.
14. Company agrees to comply with the Armed Services Procurement
Regulation requirements, the Text of 0CD Form 748, and 0CD Form 778 and
Title 32 of U.S. Employment Act, the terms of which are incorporated herein
by reference and made a part hereof.
15. All bid documents, specifications, conditions and addenda are
hereby incorporated by reference and made a part of this agreement.
16. Company agrees to guarantee the siren equipment for three years
� Y g
from date of purchase against defective workmanship or material.
Page 2 of 3
7
17. Company also agrees to guarantee the electrical installation and
all other components of the outdoor warning system for one year from date of
purchase.
�wP
aK 18. Company agrees to complete installation of the Civil Defense
sec At�e1q4 Warning System in fully operational state within 180 days after the execution
xs of this contract.
19. Company agrees that prompt corrective action will be taken where
deficiencies are noted by monitoring personnel until date of acceptance by the
Civil Defense Director.
20. Final acceptance will be subject to the approval and certifica-
tion for proof of performance in writing by the Civil Defense Director.
21. If after 60 days from the completion of installation, the equip-
S ct �.1LN4 ment has failed to meet the full performance guarantees, then, upon the request
ttk 1w-� of the City, Company agrees to dismantle and remove all the equipment at
Company's own expense and to refund to the purchaser the purchase price paid.
22. This agreement shall be interpreted in accordance with the laws
of the State of Illinois.
CI OF ELGIN
By
e . e son, ity er
ALERTING CObMJNICATORS OF AMERICA
By
Page 3 of 3
•
August 2, 1974
Addendum to Agreement dated July 24, 1974 between City of Elgin, Illinois
and Alerting Communicators of America, a division of Biersach & Niedermeyer
Co. of Mequon, Wisconsin.
1. Change Item 6, Page 1 to read:
6. City agrees to pay Company the sum of $34,950.00
in installments within 30 days after each billing for work
done and materials delivered to and accepted by City. Bill-
ings shall be computed on the basis of work completed or
materials delivered less 10 percent to be retained by City
until acceptance of civil defense warning system in good
working order. City reserves the right to withhold payment
in whole or in part because of defective work or materials.
2. Change Item 18, Page 3 to read:
18. Company agrees to complete installation of the
civil defense warning system in full operational state
within 180 days after the execution of this contract.
Company shall not be deemed nor declared to be in default
of this provision in any case in which the performance of
this provision is prevented by reason of strikes, injunc-
tions or any other cause reasonably beyond the control of
Company. In the event that Company's performance is pre-
vented by any such cause, the time for performance shall
be extended by the period during which such cause was in
effect.
3. Change Item 21, Page 3 to read:
21. If after 90 days from the completion of installa-
tion, the equipment has failed to meet the full performance
guarantees, then, upon the request of the City, Company
agrees to dismantle and remove all the equipment at Company's
own expense and to refund to the purchaser the purchase
price paid; PROVIDED, that this clause shall not be legally
binding unless such failure is caused by Company or defective
materials supplied by Company.
CI OF ELGIN
By ` - Date t
. e son, City ger
ALERTING COMMUNICATORS OF AMERICA
0/%74;7
B Date