HomeMy WebLinkAbout84-0316 Motorola • %A-03110
CONTRACT
THIS AGREEMENT, made and entered into this 16th day of March , 1984, by
and between MOTOROLA Communications and Electronics, Inc., hereinafter referred to
as "MOTOROLA", incorporated as an Illinois corporation and located in Schaumburg,
Illinois, and City of Elgin, Illinois, hereinafter referred to as "Purchaser".
WITNESSETH:
WHEREAS, the Purchaser desires to purchaser a Public Safety Communications
System: and
WHEREAS, the parties hereto wish to enter into an agreement pursuant to which
MOTOROLA shall provide said System, including but not limited to, performing the work
and furnishing the equipment, services and software as more particularly described herein
for the consideration and upon the terms and conditions as herein provided.
NOW THEREFORE, in consideration of the premises and mutual covenants herein
contained, the parties hereto agree as follows:
1. ORDER OF PRECEDENCE. This Agreement shall consist of the following
documents, which shall be called the "Contract Documents":
(A) Purchase Specification (December 15, 1983, including Addendum No.
1)(January 20, 1984).
(B) This AGREEMENT AND ATTACHMENT 1.
(C) MOTOROLA Proposal dated February 10, 1984
(1) MOTOROLA Letter of March 1, 1984.
(2) MOTOROLA Letter of March 9, 1984.
(D) Performance Bond and Labor and Material Payment Bonds.
(E) CERTIFICATIONS.
In the event that any inconsistency shall exist among and between the Contract
Documents, except the Price and Payment Schedule, the inconsistency shall be resolved
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CONTRACT
by giving precedence to the Contract Documents in the order listed above.
2. PRICE AND PAYMENT SCHEDULE. MOTOROLA agrees to sell all of the
equipment, perform the services and provide licensed software as outlined in Item (B), the
Proposal, and Purchaser agrees to buy the aforementioned equipment and services for the
sum of eight hundred fifty-six thousand thirteen dollars ($856,013.00).
TERMS to be:
(A) 3.4% ($29,100.00) of the sum of this contract shall be due upon the
signing of the AGREEMENT, net amount due within forty-five (45) days
of final ratification.
(B) 80.4% ($688,200.00) of the total of this Contract shall be due upon
substantial completion of delivery of all System equipment, net amount
due within thirty (30) days of invoice.
(C) 6.7% ($57,350.00) of the total of this Contract shall be due upon
completion of installation of the System, net amount due within thirty
(30) days of invoice.
(D) 9.5% ($81,363.00) of the sum of this Contract shall be due within thirty
(30) days of System Acceptance. Acceptance is to be predicated upon
performance of the System in accordance with manufacturer's published
specifications and System performance parameters as described in Item
A of these Contract Documents.
3. TAXES. Unless otherwise identified, the prices set forth herein are exclusive
of any amount for Federal, State, or local excise, sales, lease, gross income, service,
rental, use, property, occupation, or similar taxes. If any taxes are determined to be
applicable to this transaction or MOTOROLA is required to pay or bear the burden
thereof, the Purchaser shall pay to MOTOROLA the amount of such taxes no later than
thirty (30) days after receipt of an invoice therefor.
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4. LICENSES/AUTHORIZATIONS. The Purchaser is solely responsible for
obtaining any licenses, permits or other authorizations required by the Federal
Communications Commission, Federal Aviation Administration and State and local
government and for complying with FCC rules, FAA directives and State and local
government requirements. Neither MOTOROLA nor any of its employees is an agent or
representative of the Purchaser in FCC matters or otherwise. MOTOROLA, however,
shall assist in the preparation of the FCC license application at no charge to the
Purchaser.
5. WARRANTY.
(A) All equipment and parts shall be guananteed for a period of one (1) year
against defects in design, materials and workmanship. The warranty period
shall begin upon formal acceptance of the system. This warranty shall cover
both parts and labor.
Contractor shall warrant and guarantee further that the equipment furnished
hereunder is of good workmanship and materials and that the same is properly
designed, operable and equipped for the proposed use by the City and is in
strict conformity with the detailed Specifications as amended. Vendor shall
upon completion of this contract, in addition to all other warranties and
guarantees, submit properly executed Surety Bond (Guarantee against
defective work) in the form as set forth herein as Section 1.46, page 1-46 of
the Specification.
Warranty service shall be on a 24-hour day, 365-day year basis with a response
time not to exceed four hours. MOTOROLA shall certify that its proposed
service facility shall, within 24 hours, be able to repair any system critical
product that fails while under warranty. Portable radios, mobile radios and
pagers are excluded from the four hour response time requirement.
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(B) Warrant Inclusion
The Contractor warrants his systems package supplied under this procurement
is suitable for the purpose enumerated herein and accepts all responsibility for
merchantability, incidental and consequential damages.
(C) Service Under Warranty
If it becomes necessary for the City to contract out for warranty repairs, due
to inability or failure of MOTOROLA to perform such repairs after a 24-hour
period, the Contractor shall reimburse all City invoices for labor and/or
materials required to perform such repairs. A response time requirement of
24 hours shall apply to the items excluded from the four hour response time
requirement of Section 1.4.
6. CONFIDENTIAL INFORMATION. All MOTOROLA proprietary computer
programs and other material and information of confidential nature marked MOTOROLA
PROPRIETARY and CONFIDENTIAL are released under the following conditions:
(A) Purchaser shall exercise reasonable and prudent measures to keep these items
in confidence.
(B) Purchaser shall not disclose these items to third parties without written
permission, unless MOTOROLA makes them public or Purchaser learns them
rightfully from sources independent of MOTOROLA.
(C) MOTOROLA, where necessary, retains the right to prescribe specific security
measures for the Purchaser to follow to maintain the confidentiality.
7. COMPUTER FIRMWARE, SOFTWARE AND SOURCE LISTINGS. It is
recognized that in the course of this transaction between Purchaser and Seller, computer
programs may be delivered to Purchaser on a licensed basis in printed form or in any of
several possible machine-readable forms including, but not limited to, magnetic tape or
disk, paper tape, or read only memory (ROM) device. Purchaser shall then become a
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Licensee with respect to such computer programs. Delivery of such programs by Seller
and acceptance of same by Purchaser shall be made only under the conditions set forth
below unless otherwise agreed in writing by Seller. IMPORTANT, IF PURCHASER TAKES
EXCEPTION TO ANY PORTION(S) OF THIS ARTICLE, CONTACT SELLER'S PRODUCT
SERVICES DEPARTMENT IN SCHAUMBURG, ILLINOIS OR MOTOROLA PATENT
DEPARTMENT IMMEDIATELY OR RETURN ANY PROGRAM DELIVERED HEREUNDER
TO SELLER IMMEDIATELY FOR A REFUND OF THE LICENSE FEE PAID BY BUYER
THEREFORE.
(A) Computer Programs Remain Seller's Property. The original of any computer
program delivered hereunder in machine-readable form, and any copies made
by Purchaser, in whole or in part, shall remain MOTOROLA's property.
(B) License for Computer Program. Seller grants to Purchaser a nontransferable
and nonexclusive license to use each computer program delivered to Purchaser
hereunder (Licensed program hereinafter). Each such license granted
authorizes Purchaser to use the Licensed Program in machine-readable form
only in a single computer system and Purchaser agrees that it will use any such
Licensed Program only in a single computer system. Such license may not be
assigned, sublicensed or otherwise transferred by Purchaser without prior
written consent of Seller, except as provided in (C) below. Additional copies
of a Licensed Program may be purchased from Seller. No right to copy a
Licensed Program, in whole or in part, is granted except as hereinafter
expressly provided.
(C) Right to Copy or Modify; Protection and Security.
1. Any Licensed Program provided in machine-readable form may be
copied in whole or in part, in printed or machine-readable form for
Purchaser's use only, provided however, that no more than five (5)
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printed copies and five (5) machine-readable copies will be in existence
under a license at any one time without prior written consent of Seller,
other than copies resident in Purchaser's computer system.
2. Purchaser may modify or merge with other programs any machine-
readable form of a Licensed Program to form an updated work. Any
portion of such Licensed Program included in an updated work is subject
to all terms herein. Upon termination of the license for such Licensed
Program, Purchaser agrees to completely remove the Licensed Program
or any portion thereof from the updated work.
3. With reference to any copyright notice of Seller associated with a
Licensed Program delivered hereunder, Purchaser agrees to include the
same on all copies it makes in whole or in part and to include the same
on any updated work. Seller's copyright notice may appear in any of
several forms, including machine-readable form within the Licensed
Program.
4. Purchaser agrees not to provide or otherwise make available in any
form any Licensed Program delivered to Purchaser in machine-readable
form, or any portion thereof to any person other than employees of
Purchaser or Seller without prior written consent of Seller.
(D) Term. Any license granted hereunder may be terminated by Purchaser upon
one (1) month's prior written notice. Seller may terminate any such license if
Purchaser is in default of any of the Terms and Conditions hereof and
termination is effective if Purchaser fails to correct such default within ten
(10) days after written notice thereof by MOTOROLA.
(E) Termination. Within one (1) month after termination of any license, Purchaser
will furnish to Seller a certificate certifying, with respect to each Licensed
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Program delivered to Purchaser in machine-readable form, that, through its
best effort and to the best of its knowledge, the original and all copies, in
whole or in part, in any form, including any copy in an updated work, have
been destroyed except that, with prior written consent from Seller, Purchaser
may retain an archive copy.
Purchaser agrees that it will take appropriate action with its employees, by
agreement or otherwise, to satisfy its obligations with respect to use, copying,
modifications and protection and security of licensed programs, source listings, and
optional materials.
8. Purchaser'S OBLIGATIONS. The Purchaser shall provide the following:
(A) A designated Project Director.
(B) Ingress and egress to Purchaser's Operations Building as requested by
the Contractor.
(C) Required telephone lines, electrical service, air conditioning, humidity
and air filtration to the Purchaser's Operations Rooms for all necessary
equipment.
(D) Reasonable facilities such as, but not limited to, secure storage space,
a designated work area with adequate heat and light, and access to
local telephone line. The facilities are to be provided upon request and
at no charge to the Contractor.
(E) Day-to-day normal system operation, after system acceptance, which
include all tasks covered by the System Manager's and System
Operator's manuals. The following are examples of system operations
tasks as more fully set out in said manuals and not in limitation of the
responsibilities of the Purchaser: crash dumps; system restarts;
installing paper and ribbons in printer; initiation and stopping of
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optional mag. tape logging; loading new or rebuilding current system.
(F) All customer consumables including, but not limited to, magnetic tape,
disk packs, paper and ribbons, adequate storage containers after system
acceptance.
(G) Such other obligations as defined in these Contract Documents.
9. NON-DISCRIMINATION. It is expressly understood between the parties hereto
that MOTOROLA, in carrying out the provision of this contract, convenants and agrees
not to discriminate against any qualified employee or qualified applicant for employment
because of race, creed, color, sex or national origin, and that similar provision shall also
be included by MOTOROLA in any subcontract.
10. LEGAL INTERPRETATION. This Agreement and the rights and duties of the
parties shall be governed and interpreted according to the laws of the State of Illinois.
11. FULL AGREEMENT. These Contract Documents constitute the final
expression of the Agreement of the parties; are intended as a complete and exclusive
statement of the terms of their agreement; and supersede all prior and concurrent
promises, representations, negotiations, discussions and agreements that may have been
made in connection with the subject matter hereof.
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
FOR: MOTOROLA Communications and Electronics, Inc.
BY: l
avid K. Bartram o
0 _ -�
'i
C N
r
ITS: Corporate Vice President and General Manager o
(TITLE)
WITNESS:
SEAL
FOR: City of Elgin, Illinois
BY:
Leo I. Nelso
ITS: City Manager
(TITLE)
Attested To: Vi ,,A_Je J
ITS: City Clerk
SEAL
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ATTACHMENT 1
ADDITIONAL CLARIFICATION
(1) In accepting MOTOROLA's alternate quotation #2 reducing the number of
receiver sites in the Fire Radio System to three (3), the City in no way reduces
or changes the talk-in coverage guarantee requirement of Part 2, Section 4.5
of the Purchase Specification. Should the Fire Radio System fail to meet
these requirements, MOTOROLA agrees, at no additional cost to the City, to
make whatever modifications and corrections may be necessary to meet these
requirements, including any retesting addition of equipment and/or labor
required.
(2) The information supplied on the "97% Area Reliability Base Talk-Out, Airlite,
Elgin Police Department" contour map and the "85% Area Reliability Base
Talk-Out, Airlite, Elgin Police Department" contour map (MOTOROLA
Proposal, Section 4) contain the following errors:
XMTR
POWER WATTS 70.0 should read 125.0
COMB & CAVITY LOSS DB .0 should read 2.4
MOTOROLA offio
CommunicaticialRadions
Communications and Electronics Inc. = Sponsor for the
1984 Olympic Games
March 1 , 1984
Address Reply to:
1309 E. Algonquin Rd.
Schaumburg,
City of Elgin (312) 576-7 001E 60196
150 Dexter Court
Elgin, IL 60120
Attention: Mr. Mike Sarro
Dear Mike,
In response to our negotiation session on Friday, February 17, 1984, it was
agreed upon that the City of Elgin would accept the following changes to our
bid dated February 10, 1984, for $924,720.00.
PRICE CHANGE
1. Motorola Bid Alternate #2. Reduction in Fire receivers -$19, 123.00
from 7 to 3.
2. Motorola Bid Alternate #3. Change Fire portable radios -$ 4,625.00
from MX300 Series to MT500 series.
3. Motorola Bid Alternate #6A. Replace Bogner antennas at -$10,422.00
all Police sites except main and standby transmitter
sites with Phelps Dodge PD1110.
4. Motorola Bid Alternate #7. Replace stainless steel re- -$ 8,600.00
quirement with galvenized steel now acceptable.
5. Elimination of weatherproof cabinet requirement at 150 -$ 4,021.00
Dexter Court, Tollway, Elgin Housing Authority & Centel.
6. Elimination of spare final transistors or tubes for fixed -$ 1 ,743.00
stations.
7. Change from spec requirement for Mitrek Superconsolette -$ 5,871.00
with decoders for Fire stations to a single frequency
Flexar control station with no decoder capability.
8. Reduction in channel capacity on Police portables from -$ 2,850.00
5 channels to 2 channels.
9. Elimination of emergency footswitches on 12 VHF mobile -$ 492.00
radios.
10. Change in Police VHF mobiles from Syntor to Mitrek. -$ 3,000.00
11. Eliminate phone patch from two console positions. -$ 240.00
12. Elimination of three Dual Receive modules, one from each -$ 360.00
console position.
1301 E. Algonquin Rd., Schaumburg, Illinois 60196 (312)397-1000
0
City of Elgin
Attention: Mr. Mike Sarro
March 2, 1984
Page Two
13. Elimination of all three dispatcher chairs. -$ 2, 112.00
14. Elimination of the second intercom panel. -$ 2,473.00
15. Reduction in the number of time stamps from 5 to 4. -$ 498.00
TOTAL DEDUCTIONS: $66,430.00
16. Inclusion of the talkaround option on the Police portable +$ 2,375.00
radios.
TOTAL PRICE ADJUSTMENTS: -$64,055.00
NET CONTRACT PRICE: $860j6 S..00
Additionally, Motorola agreed to provide 4 Minitor gang chargers, a $510 value,
at no charge to the City.
Sincerely,
MOTOROLA
Communications & Electronics, Inc.
/Bernie Schaeffer
District Sales Manager
Government Markets Division -
Central Area
BS:ln
cc: Bernie Epstein, Sachs/Freeman & Assoc.
John Andersen, Contract Administration
Dennis Harding
Bill Kouba, Program Management
. CAA1-
MOTOROLA Official Radio
Communications
Communications and Electronics Inc. = Sponsor for the
- 1984 Olympic Games
Address Reply to:
March 9, 1984 1309 E. Algonquin Rd.
Schaumburg, IL 60196
(312)576-7000
City of Elgin
150 Dexter Court
Elgin, IL 60120
Attention: Mike Sarro
Dear Mike,
In discussions with Bernie Epstein and representatives of the Police and Fire
Departments on February 29, 1984, we came to the conclusion that three
additional changes with associated cost decreases should be applied to the
contract. They are:
1 . Elimination of ID and Emergency from the 12 VHF mobiles which do not have
status message heads. -$3, 108.00
2. Additional installation and maintenance credits on items listed on my
March 1 letter. -$ 350.00
3. Elimination of one UHF fire mobile and the inclusion of one additional
SMT-80. -$1 , 194.00
The revised contract total should now be $856,013.00.
Sincerely,
MOTOROLA
Communications & Electronics, Inc.
Bernie Schaeffe
District Sales Manager
Government Markets Division -
Central Area
BS:ln
cc: Bernie Epstein, Sachs/Freeman
John Andersen, Contract Administration
Bill Kouba, Program Management
Dennis Harding
1301 E. Algonquin Rd., Schaumburg, Illinois 60196 (312)397-1000
Bond No—862752-3-2
SEABOARD SURETY COMPANY
NEW YORK, N. Y.
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
MOT LA COMMUNICATIONS & ELECTRONICS , INC. , an Illinois Corporation,
That 1301 East Algonquin Road,.-_Schaumburg,---_Illinois.-_._60196
(Here Insert the name and address,or legal title,of the contractor)
as Principal, hereinafter called Contractor, and SEABOARD SURETY COMPANY as surety, hereinafter called Surety,
are held and firmly bound unto
City of Elgin, Illinois, 150 Dexter Court, Elgin, Illinois 60120
(Hen Insert the name and addreu,or legal MI*,of the owner)
as Obligee, hereinafter called Owner in the amount of Eight Hundred Fifty-seven Thousand One
Hundred Ninety-seven and no/100 _Dollars ($ 857, 197.00 )
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS. Contractor has by written agreement dated March 5 1984
entered into a contract with Owner for_Per P.O. #40411. _Supply, install and warranty for ____
one year from acceptance. Police and fire public safety communications system.
in accordance with drawings and specifications prepared by — --- — -- — --
(Here Insert full name and title)
which contract is by reference made a part hereof, and is hereinafter referrer" to as the CONTRACT.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and
faithfully perform said CONTRACT, then this obligation shall be null and void; otherwise it shall remain in full force
and effect.
Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT, the Owner hav-
ing performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly
(I) Complete the CONTRACT in accordance with its terms and conditions, or
(2) Obtain a bid or bids for submission to Owner for completing the CONTRACT in accordance with its
terms and conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for
a contract between such bidder and Owner and make available as work progresses (even though there should be
a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including
other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first para-
graph hereof. The term "balance of the contract price,' as used in this paragraph, shall mean the total amount
payable by Owner to Contractor under the CONTRACT and any amendments thereto, less the amount properly
paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final
payment under the CONTRACT falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner
named herein or the heirs, executors, administrators or successors of Owner.
Si reed and sealed this._ 7th — .day of March .- A. D. 19._8
COUtVgT MOTOROLA C UNICAT
�1 r & ELECTRO CS , INC
BY C . C.K �� )./LC By: _ _ (Seal)
RESIDENT AGENT Principal
IN THE PRESENCE OF: SEABOARD SURETY COMPANY (Seel)
Surety
' - f L/�i � By ____Witness
Form 632 5M-11.72 --
- ---
SEABOARD SURETY COMPANY
NEW YORK, N. Y.
Bond #862752-3-2
LABOR AND MATERIAL PAYMENT BOND
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED FOR THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT.
KNOW ALL MEN BY THESE PRESENTS:
That MOTOROLA COMMUNICATIONS & ELECTRONICS, INC.
1301 East Algonquin Road, Schaumburg, Illinois 60196
(Here insert the name end address, or legal title, of the contractor)
as Principal, hereinafter called Principal, and SEABOARD SURETY COMPANY, of New York, New York, as Surety,
hereinafter called Surety, are held and firmly bound unto
City of Elgin, Illinois, 150 Dexter Court, Elgin, Illinois 60120
(Name and address, or legal title of Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of
Eight Hundred Fifty-seven Thousand One Hundred Ninety-seven Dollars ( 857i197.00
(Here insert • aum equal to one-half of the contract price)
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has by written agreement dated March 5, 19 84,
entered into a contract with Owner for per P.O. #40411. Supply, install and warranty for
one year from acceptance. Police and fire public safety communications system.
in accordance with drawings and specifications prepared by
(Here insert full name end title end address)
which contract is by reference made a part hereof, and is hereafter referred to as the CONTRACT.
(See Over)
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the Principal shall promptly make
payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the
performance of the CONTRACT, then this obligation shall be void; otherwise it shall remain in full force and effect,
subject, however, to the following conditions:
I. A claimant is defined as one having a direct contract with the Principal or with a sub-contractor of the
Principal for labor, material, or both, used or reasonably required for use in the performance of the contract, labor
and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service
or rental of equipment directly applicable to the CONTRACT.
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every
claimant as herein defined,who has not been paid in full before the expiration of a period of ninety (90) days after
the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by
such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum
or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment
of any costs or expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant:
(a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice
to any two of the following: The Principal, the Owner, or the Surety above named, within ninety (90) days after
such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said
claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the
materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by
mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal,
Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served
in any manner in which legal process may be served in the state in which the aforesaid project is located, save
that such service need not be made by a public officer.
(b) After the expiration of one I) year following the date on which Principal ceased work on said Contract,
it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling
the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period
of limitation permitted by such law.
(c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision
of the state in which the project, or any part thereof, is situated, or in the United State: District Court for the
district in which the project, or any part thereof, is situated, and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good
faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said
improvement, whether or not claim for the amount of such liens be presented under and against this bond.
a
Signed and sealed this_ 7th .day of March A. D. 19 84
IN THE PRESENCE OF:
Me OROL• OMMUN - • IONS & ELECTRONICS, I Ngl)
'tin )
Bli ,
Vice ''� den 1 r e)
COUNTERSIC.t A.,; LIRE.
BY C--CN(z''..c _SEABOARD SURETY COMPANY (Seal)
RESIDENT AGENT (Surety)
c),61 ='� By `'
(Tifk) Attorney-in-Fact
Lilia Tkatchuk
FORM 639 REV.
Ceirtifed.Copy .
SE.tnOAnn 817 21.1'Y COMI'AN1'
No. 944 9 - NEW YORK, NEW YORK
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State
of New York, has made, constituted and appointed and by these presents does make, constitute and appoint Lilia
Tkatchuk
of Chicago,' Illinois
its true and lawful Attorney-in-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, under-
takinv and other instruments of similar nature as follows: Without Limitations.
Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid
Attorney-in-Fact, shall Le binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers
of the Company and sealed with its corporate seal; and ail the acts of said Attorney-inFact, pursuant to the authority hereby
riven, arc hereby ratified and confirmed.
•
This appointment i>; made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Com-
pany on December lath. 1927. with Amendments to and including January 15, 1952 and are still in full force and effect:
ARTICLE'VII, SECTION 1: •
-
"P.'icier, bonds, recognizances, stipulations, Consents of surety, underwriting undertakings and instruments relating thereto.
insuranct policies. bonds, recognizances, stipulations, consents of surety and underwriting undertakings of the Company, and releases. agreements and
)(her we zings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Company
(al by the Chairman of the Board, the President, a Vice President or a Resident Vice President and by the Secretary, an Assistant Secretary.
s Resident Secretarytor a Resident Assistant Secretary; or (b) by an Attorney-in-Fact for the Company appointed and authorized by the C.air-
run of the Board. the President or a Vice President to make such signature; or (c) by such other officers or representatives as the Board may-
'ram time to time determine.
The seal of the Company shall if appropriate be affixed thereto by any such officer. Attorney-in-Fact or representative."
iN WITNESS 4.EREOF, SEABOARD SURETY COMPANY has caused these presents to be signed In one of its Vice-
'residents, and -porate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this ,..,..•2 4 th
lay of ......►7kllaf: , 19,-.82.
lttest: SEABOARD SURETY COMPANY,
•
Seal) Margaret Scofield By Thomas P. Gorke
Assistant Secretary Vice-President
TATE OF NEW YORK
:OUNTY OF NEW YORKss.'
)n this 2 4 th day of June :w--_ , 19 82 before me personally appeared
Thomas..P.....Gor.ke -.. -., a Vice-President of SEABOARD SURETY COMPANY.
ith whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State of New Jersey
iat he is a Vice-President of SEABOARD SURETY COMPANY, the corporation described in and which executed- the fore-
oing instrument; that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corm-rite ,
!al; that it was_so affixed by order of the Board of Directors of said Company; and that he signed his name thereto as Vice-
'resident of said Company by like authority.
State of New York
No. 41-9010912 Qualifield in Queens County
Certificate filed in New York County
Seal) Commission Expires March 30, 1984 Samuel C. Simmons
CERTIFICATE Notary Pub:ic
I, the undersigned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Poster of Attorney of which
to foregoing is a full, true and correct copy. is in full force and effect on the date of this Certificate and 1 do further certify that the \'ice Presr'e-t
ho executed the said Potter of Attorneywas one of the Officers authorized by the Board of Directors to appoint an attorney-in-fact as prose: is
rtiele VI!, Section 1, of the By-Laws of SEABOARD SURETY COMPANY-
Tnic Certificate ntnt be sten,d and seated by facsimile under and by authority of the following resolution of the Board of Directors of SEA-
OARD SL'l l TV COMPANY at meeting duly called and held of the Nth day. of tune 1978.
'RESOLVED: (2) That the we of a printed facsimile of the corporate seal of the company and of the signature of an Assistant Sec:::ary
on any ecrtifir:stunt of the correctness of a copy of an instrument executed by the President or a Vice-President pursuant to Article \'II.
1, of the ley-Litt. appointing and autltnriring an attorney-in-fact to sign in the many and on beluli of the company surety Is-md-. under.•cci-c
undertakings or other m-trwuent, described in said Article V11, Section 1, with like effect as if such seal and such signature had been era--za:•.
affixed anJ made, hereby is authorized and approved"
V WITNESS WHEREOF. I have hereunto set my hand and affixed the corporate seal of the Company to these presents this
7th day of March . 19 84
a r�
927 Assistant a:'ram
, •� Form t ,k.. .-
STATE OF ILLINOIS }ss.
County of Cook
Florence Carlig a Notary Public, in and for said County, in the State aforesaid, do hereby
certify that Lilia Tkatchuk Attorney-in-fact for the SEABOARD SURETY COMPANY,
who is personally known to me to be the same person whose name is subscribed to the foregoing instrument as
Attorney-in-fact, appeared before me this day in person and acknowledged that he signed, scaled and delivered
,the foregoing instrument as his free and voluntary act as Attorney-in-fact of the SEABOARD SURETY COMPANY,
for the uses and purposes therein set forth,And the said Lilia Tkatchuk being
.`first duly sworn on oath says that he is Attorney-in-fact for the said SEABOARD SURETY COMPANY, and that
such authority has not been revoked or rescinded;that he knows the corporate seal of said Company;that the seal
affixed to said instrument is such corporate seal, and that it was so affixed by order of the Board of Directors.
Given under my hand and Notarial Seal this 7th day of March A. D. 19 84
My Commission Expires //�? 7-i,
Notary Public.
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Cirtifica:Copy SE.titoARD . 't1121'1'Y CoMMPANy
No. 9449 NEW YORK, NEW YORK -
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State
of New Fork, has =.wade, constituted and appointed and by these presents does make, constitute and appoint Li l i a
Tkatchuk
of Chicago,' Illinois
its true and lac,ft1 Attorney-in-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, under-
takirtus and other instruments of similar nature as follows: Without Limitations.
•
Such insurance policies. surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid
Attorney-in-Fact, sl•all be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers
of the Company an sealed with its corporate seal; and all the acts of said Attorney-inFact, pursuant to the authority hereby
given, arc hereby r;tified and confirmed.
This appointment i4 =wade pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Com-
pany on December 8 h. 1927. with Amendments to and including January 15, 198.2 and are still in full force and effect:
AAYICLE VII, SECTION ): .
'Polities, bonds, recognizance's, stipulations, consents of surety, underwriting undertakings and instruments relating thereto.
Insurance policies. bonds recognizances, stipulations, consents of surety and underwriting undertakings of the Company, and releases. agreements and
othei,writings relatin; i., any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Company
(a) by the Chz. man of the Board, the President, a Vice President or a Resident Vice President and by the Secretary, an Assistant Secret:.
a Resident Secretary' r a Resident Assistant Secretary; or (b) by an Attorney-in-Fan for the Company appointed and authorized by the C.air-
mar.of the Board. the l:rr.ident or a Vice President to make such signature; or (c) by such other officers or representatives as the Board t-.ay
!rain time to time dete mine.
The seal of the 'c mpany shall if appropriate be affixed thereto by any such officer, Attorney-in-Fan or representative."
iN WITNEE" ^F, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice-
Presidents, any, - areal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this 2.4.t.. x
day of -.....,17.141 . . .. , 19...8 •
Attest: SEABOARD SURETY COMPANY,
•
(Seal) Margar , Scofield By Thomas P. Gorke
Assistant Secretary Vice-President
STATE OF NEW t )RN
COUNTY OF NE\ YORK as.:
Do this 2 4 th day of June •
•_ w-�,,,,• --, , 19 82 , before me personally appeared
Thomas. P.....Gor.ke ... ......., a. Vice-President of SEABOARD SURETY COMPANY.
with whom I am per orally acquainted, who, being by me duly sworn, said that he resides in the State of New Jersey
that he is a Vice-President of SEABOARD SURETY COMPANY, the corporation described in and which executed- the iore-
toing instrument; that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corpora:e ,
seal; that it was-so aff,,ed by order of the Board of Directors of said Company; and that he signed his name thereto as Vice-
President of said Company by like authority.
State of New York
No. 41-9:10912 Qualifield in Queens County
Certific.jte filed in New York County
(Seal) Commissi ) Expires March 30, 1984 Samuel C. Simmons
Notary Pub:ic
CERTIFICATE
I. the undersigned A .nt Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Power of Attorney of which
the foregoing is a full, true t correct copy. is in full force and effect on the date of this Certificate and I do further certify that the Vice Pres::e-t
ss-hn executed the said Pore c Attorne) was one of the Officers authorized by the Board of Directors to appoint an attorney-in-fact as provi e= is
Article VII, Section 1, of the 5 -Laws of SEABOARi) SURETY COMPANY.
This Certificate mas I: s :lied and sealed by facsimile under and by authority of the following resolution of the Board of Directors of SEA-
BOARD SLEETY CO\Il'A at a meeting duly called and held on the 2;th day of lune 1978.
'RESOLVED: (2) T it the use of a printed facsimile of the corporate seal of the company and of the signature of an Assi.unt Secs::a y
on any certifir:,tion, of the rorrcculc,.s of a copy of an instrunient executed 11y the President or a N'tee-President pursuant to Article VII.
1, of the Lf}-l.ascs ap;.oini.n,: and authnririns; an attorney-in-fact to sign in tin- nannc and on hcluli of the comp:my surety bond.. under:,-i ire
unilertakinee or other loan nncnts dcsrriIi it In said Article VII, Section 1, with like effect as if such seal and such sign:.tute had been
aRize.1 anJ made. hereby i. .uthorircd and approved."
IN WITNESS WHERE c: F. I have hereunto set my hand and affixed the corporate seal of the Company to these presents this
7th }. March 84
I927 "
Assistant
~��=' Form t .K.. .
19
i4` - ...-... �.�...... - a .....- u_..rar V-..- �....1.__..7 Lam-- _.Y w-��-.. ��.... +r�.....v+ti.,..r,..r���u�.Y�+►.
11 i STATE OF ILLINCaI:i
}ss.
% County of Cook
.
I, Florence Carlig a Notary Public, in and for said County,
certify that Lilia Tkatchuk in the State aforesaid, do hereby
who is personally known to me to be the same persont
whose rname is subscribed for then-fact Bto theRIforego ng i s r m SURETYP nAit as
Attorney-in-fact, appeared before me this day in person and acknowledged that he signed, sealed and delivered
the'foregoing instrument as his free and voluntary act as Attorney-in-fact of the SEABOARD SURETY COMPANY,
frir the uses and purposes therein set forth, And the said Lilia Tkatchuk
being
first duly sworn on oath says that he is Attorney-in-fact for the said SEABOARD SURETY COMPANY, and that
such authority has not I 1 .!n revoked or rescinded;that he knows the corporate seal of said Company;that the seal
affixed to said instrumer . s such corporate sal, and that it was so affixed by order of the Board of Directors.
Given under my ha a and Notarial Seal this 7th day of March
A. D. 19 84
My Commission Expires i 1)...,
,
—— - __--747
Notary Public
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SET TAB STOPS AT ARROWS
^ • • • • • • • • •
O>rdCertificate of Insurance
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.
THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW.
NAME AND ADDRESS OF AGENCY
COMPANIES AFFORDING COVERAGES
Rollins Burdick Hunter Co.
10 South Riverside Plaza COMPANY A
Chicago, IL 60606 LETTER Fireman's Fund Ins. Companies
COMPANY B
LETTER
SAME AND ADDRESS OF INSURE I.
COMPANY
LETTER
Motorola,- Inc. & Its Divisions
& Subsidiary Companies COMPARNY D
1303 E. Algonquin Rd.
Schaumburg, IL 60196 LOTTERNY E
This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. 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.
COMPANY TYPE OF INSURANCE POLICY NUMBER POLICY Limits of Liability in Thousands(000)
LETTER EXPIRATION DATE EACH AGGREGATE
OCCURRENCE
GENERAL LIABILITY
BODILY INJURY $1,000 $ 1,000
A ICI COMPREHENSIVE FORM
PREMISES—OPERATIONS PROPERTY DAMAGE $1,000 $ 1,000
ICI EXPLOSION AND COLLAPSE
HAZARD
UNDERGROUND HAZARD
* PRODUCTS/COMPLETED KLP 32-22-104 7/1/86
OPERATIONS HAZARD BODILY INJURY AND
CONTRACTUAL INSURANCE PROPERTY DAMAGE $
r] BROAD FORM PROPERTY COMBINED
y� DAMAGE
ICJ INDEPENDENT CONTRACTORS
ti PERSONAL INJURY
PERSONAL INJURY
* Incl. Blanket Vendor's Coverage
AUTOMOBILE LIABILITY BODILY INJURY
(EACH PERSON) $
III COMPREHENSIVE FORM BODILY INJURY $
/� OWNED (EACH ACCIDENT)
A KAB 34-78-223 7/1/86 PROPERTY DAMAGE $
7 HIRED
r BODILY INJURY AND
/11* NON-OWNED PROPERTY DAMAGE $
COMBINED 1,000
EXCESS LIABILITY
BODILY INJURY AND
❑ UMBRELLA FORM PROPERTY DAMAGE $ $
❑ OTHER THAN UMBRELLA
COMBINED
FORM
WORKERS'COMPENSATION STATUTORY
A and KWP 26-92-120 7/1/86
EMPLOYERS'LIABILITY $
500
_- _ dKMACCIDENT,
OTHER
BID NO. 84BBOO1KB
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES
Radio and Electronics Installation and Maintenance
United States and Canada
Cancellation: Should any of the above descrid policies be cancelled before the expiration date thereof, the issuing com-
pany willIMIVM to mail days written notice to the below named certificate holder. 113T4[111CMY To
xvi bccritibVQ'r1E1V4[Itfi4
NAME AND ADDRESS OF CERTIFICATE HOLDER.
DATE ISSUED. March 7, 1984 City of Elgin
150 Dexter Court �a- _n ow a��
Elgin, Illinois 60120 AUTHORIZED REPRESENTATIVE
ACORD 25(1-79)
BINDER MEMORANDUM
Issued By Date March 7, 1984
ROLLINS BURDICK HUNTER CO.
Name of Insured City of Elgin and its consulting Engineer,
Sachs Freeman Associates, Inc.
Address 150 Dexter St.
Elgin, IL 60120
Description of Risk (use separate sheets if necessary i.e. schedule of locations, limits, etc.)
Furnish and Install 800 M.H.z Microwave System for Police and Fire Dept. in Elgin, IL
4vwxftwxv
Contractor: Motorola, Inc.
Acting on your instructions, Insurance is provided by the designated Insurance Company(s) as indicated below and
as explained on the reverse side hereof
Insurance Coverages Limits of Liability or Provisional
Company(s) (refer to specific policies) Amounts of Insurance Premium
Fireman's Fund Owners & Contractors $943.00
Insurance Protective Liability
Companies Bodily Injury $1,000,000
Property Damage $1,000,000/$1 ,000,000
DATE AND HOUR 12:01 A.M. April 1, 1984 12:01 A.M. April 1 , 1985
EFFECTIVE ' •M TO p
(Standard ti , at place of location of risk insured)
ROLLINlirC T KJ March 7 , 1984
BY: /(
DATE ISSUED
(See Reverse)
BINDER•MEMORANDUM
The Insurance Company(s) in the Schedule on the reverse side hereof have
acknowledged binding on and after the effective date and hour hereof, under
such contracts of insurance issued by the Insurance Company(s) as are desig-
nated in the Schedule on the reverse side hereof covering the risks therein
described. The insurance coverage hereunder is subject to all the terms, con-
ditions and limitations contained in the designated,contracts of insurance, in- .
eluding endorsements attached thereto in accordance with the Insurance
Company(s) requirements respecting risks of the kind insured hereby. This
Binder Memorandum shall be automatically terminated and voided by delivery
of the policy(s) to the Insured or as otherwise agreed.
This Binder Memorandum may be cancelled on the customary short rate or
otherwise accepted basis by the insured at any time by written notice or by
surrender of this Binder Memorandum to Rollins .Burdick Hunter Co. This
Binder Memorandum may also be cancelled by the Insurance Company(s) or
by Rollins Burdick Hunter Co., in their behalf (with or without the return or
tender of the unearned premium), by delivering to the. Insured or by sending
to the Insured by mail, registered or unregistered, at the Insured's address
as shown herein, not less than 5 days written notice except as respects any
mortgagee interest which mortgagee shall be subject to receive the appro-
priate required notice under the standard mortgage clause applicable at
location of property hereby insured stating when the cancellation will be
effective, and in such cases the Insurance Company(s) shall refund the paid
premium less the earned portion thereof on demand.
The premium(s) stated in the Schedule on the reverse side hereof are provision-
al premium(s) only. Earned premiums computed in accordance with the In-
surance Company(s) rules, rates, rating plans and minimum premiums applic-
able to the insurance will be charged unless the policy(s) designated in the
Schedule, covering the binder period, are issued to and accepted by the In-
sured, in which event earned premiums shall be computed under such policy(s)
in accordance with the provisions thereof. If the earned premiums thus com-
puted exceed the estimated premiums paid under this Binder Memorandum,
the Named Insured shall pay the excess to the Insurance Company(s), if less,
the Insurance Company(s) shall return the unearned portion to the Insured.
It is agreed by the Insured by accepting this Binder Memorandum that Rollins
Burdick Hunter Co. is not an Insurer hereunder and that they shall not be in
any way or to any extent liable for any loss or claim whatever.
NOT VALID UNLESS SIGNED ON THE REVERSE SIDE HEREOF
BY A REPRESENTATIVE OF
ROLLINS BURDICK HUNTER CO.
ROYAL INDEMNITY CO.
VERIFICATION OF I16IRAiCE
THROUGH
ROLLINS BURDICK HUNTER OF ILLINOIS, INC.
10 SOUTH RIVERSIDE PLAZA
CHICAGO, ILLINOIS 60606
CFT. No. 179
In accordance with authorization granted to ROLLINS BURDICK HUNTER OF ILLINOIS, INC., 10
South Riverside Plaza, Chicago, Illinois 60606, by Royal Indemnity Co. (Graham - Watson, Inc.)
the company has Issued to Motorola, Inc. , its associated, affiliated and
subsidiary companies as now or hereafter constituted
Policy of Insurance No. RE 100120 for a period of thirty-four calendar months beginning
at 12:01 a.m. on the 1st day of March , 19 83 , and ending at 12:01 a.m. on the
1st day of January , 19 86 , Standard Time at place of issue, insuring said Assured
for "All Risks" of direct physical damage or loss to real and/or personal
property including Builder's Risk - Bid No. 84BBOO1KB for City of Elgin, Ill .
The limits of liability contained in said Policy ere as follows:
Additional Insureds S 857,197
City of Elgin, Contractors,
Subcontractors, and
suppliers as their interest
may appear.
Verification for:
City of Elgin, 150 Dexter Court, Elgin, Illinois 60120
This document Is furnished to you as a matter of Information only. 1141kLXIXEDiett1iXafXittAIK
XI=NMXAllietXt+iQfXd$X4CXIKeK*CrlifOti}GxOtxaMC{34111 5130 X1eX Kneei XIX Xbt X MX 0421301X8(1X1t XdottX X7i4634M4MXX
7111TX7foexX1XXeitXDf4tXO16X (7*X&NIG{atMtcxaellnex'tc]CSC?{0.5+Ot dtre(2iAQXABxMIa(7Rt=POI X90II >MKFa:4 1tX
)tforxPrk, XX'Xb i0dCC)4=4X44l4KZit{xD=) cKteK01XONXxfl4}IiOCIfe(xG4xotlfdclwxpB7E}ff totX odd ettittiaX%
kteotaed;7t IOC IC x
Should the above mentioned contract of Insurance be cancelled, assigned or changed during the
above named policy period in such manner as to affect this document, we, the undersigned, will
endeavor to give thirty (30) days written notice to the holder of this
document, but failure to give such notice shall impose no obligation of any kind upon the
undersigned or upon the Company.
ROLLINS BURDICK HUNTER Cf ILLINOIS, INC.
Dated March 7. 19B4 By 4. 4T !tZ.Golo-r-'"
tscMKT-1-12.1