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HomeMy WebLinkAbout96-41 Resolution No. 96-41 RESOLUTION ACCEPTING THE PROPOSAL OF PETERSON AND MATZ, INC. FOR A WALLACE & TIERNAN LIME SLAKER AND DIGITAL FEEDER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, be and is hereby authorized and directed to accept the proposal on behalf of the City of Elgin of Peterson and Matz, Inc. for a Wallace & Tiernan lime slaker and digital feeder, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: February 28, 1996 Adopted: February 28, 1996 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk • PETERSON and MATZO INC. 4811 Emerson Avenue, Suite 203 Palatine, IL 60067-7416 (847) 303-0363 • FAX (847) 303.0374 January 25, 1996 REVISED CITY OF ELGIN WTP 150 DEXTER COURT ELGIN, IL 60120-5555 TO: Kurt Eshelman RE: Wallace & Tiernan Lime Slither and Digital Feeder Dear Mr. Eshelman: On behalf of Wallace & Tiernan, Inc. , Peterson and Matz, Inc. offers the following equipment proposal subject to the terms and conditions stated herein and attached to this proposal. Any orders resulting from this proposal are subject to acceptance in writing by Wallace & Tiernan at its office in Belleville, New Jersey. Any resultant order should be sent to: Wallace & Tiernan, Inc. c/o Peterson and Katz, Inc. 4811 Emerson Ave. - Suite 203 Palatine, IL 60067-7416 This proposal is valid for a period of sixty (60) days from the bid date, unless extended in writing by Peterson and Matz, Inc. PRICE: $45,670 F.O.B. : Freight included to jobsite SHIPPING WEIGHT: Approx. 2700 lbs. SUBMITTAL DRAWINGS: 4-6 Weeks from receipt of your written purchase order and complete technical data, if required. SHIPMENT: 12-14 Weeks from receipt of approved drawings, if required. SERVICES: One (1) Day, including operator training Manufacturers' Representative Engineered Process Equipment for Water, Wastewater and Industrial Waste Treatment January 25, 1996 tltr Page 2 1. Services beyond the scope of this proposal for Wallace & Tiernan equipment will be billed to your account at our standard rate of $88.00/hour, plus mileage at $0.54/mile, plus expenses FOB local Wallace & Tiernan sales office, unless stated otherwise immediately below. 2. This proposal does not include any field installation, common water line, gas line or solution lines, pipe fittings, valuing, pipe hangers, external electric wiring, conduit, anchor bolts, supporters, floor or wall sleeves except as specifically indicated below. 3. The proposed prices do not include any form of State or Local Sales or User taxes. Bill of Materials One (1) Wallace & Tiernan Series A-758 paste-type lime slaker with a max. capacity of 1,000 pph. System is complete with conveyor-type grit remover, vapor and dust arrester, water pressure reducing valve, water pressure switch, gauge, solenoid valve and strainer, torque valve and remote mounted NEMA 4 control panel. One (1) Wallace & Tiernan Series 31-165 digital Gravimetric 9" belt feeder mounted on slaker with remote mounted SCR and set point controller. One (1) Remote mounted NEMA 4 slaker control panel with feeder hand-off-auto switch, paddle shaft and grit remover on/off switch, feed rate potentiometer or MA input switch, grit remover, feeder and paddle shaft run lights with alarms, and the following optional control accessories. Manual disconnect switch. Automatic start-stop accessories, including solenoids and control contacts. 4-20mA isolator and potentiometer for automatic feed rate pacing. Audible alarm mounted on control panel. Junction box on slaker for connections to remote control panel. One (1) Canvas inlet flexible connection. One (1) 9" rotary inlet valve with adapter. Manufacturers' Representative Engineered Process Equipment for Water, Wastewater and Industrial Waste Treatment January 25, 1996 Page 3 One (1) Lot freight. One (1) Day start-up service, including operator training. Any questions relative to the proposal can be directed to George N. Argiris at Peterson and Matz, Inc. at the Illinois office - (708) 303-0363. Sincerely, PETERSON AND MATZ, INC. George N. Argiris, Sales Representative GNA/hvp cc - Frank Smith E Manufacturers' Representative Engineered Process Equipment for Water, Wastewater and Industrial Waste Treatment UMW ADDITIONAL TERMS & CONDITIONS r 1. Unless otherwise specified or agreed by Seller,this proposal is subject to acceptance by Buyer within 30 days from date hereof and is limited to the items and quantities listed on the reverse side of this page. By accepting the equipment or material or by acknowledging receipt of this proposal,Buyer accepts Seller's terms and conditions contained herein.Any different or additional terms in your acceptance of this proposal are hereby objected to. 2. Unless otherwise specified,prices are f.o.b.shipping point and payable in U.S.funds and title and risk of loss pass from Seller to Buyer upon delivery to carrier at the shipping point. Subject to approval of Buyer's credit by Seller's home office and unless otherwise specified,the terms of payment shall be net cash 30 days from date of invoice. All past due accounts are subject to a charge of 11/2%per month(18%per annum),or such lower rates as may be required by applicable law.In the event payment is not received as provided herein,Seller may,without notice,enter the premises wherein the equipment or material is located and remove same.Any Federal,State and local sales,use and excise taxes covering the equipment or material herein or levied because of this transaction are to be added to the total price of this proposal and paid by the Buyer.Should shipment be held for convenience of customer beyond the date originally specified,the right is reserved to bill the goods as if shipped on the specified date,and where charges for warehousing,trucking,etc.,incident to such delay are incurred,these may also be billed against the order. Seller's consent to withhold, beyond shipping dates and without storage charges, shipment of all or part of equipment or material to be furnished,shall not constitute a waiver of any rights hereunder. Under circumstances set forth in the foregoing sentence,terms of payment under this provision shall be applicable to any partial shipment. 3. Seller warrants for a period of one year after shipment that the equipment or material of its manufacture is tree from defects in workmanship and materials. The exclusive remedy for any breach of this warranty is the replacement f.o.b. shipping point of the defective pans. If Buyer discovers a defect in material or workmanship, it must promptly notify Seller in writing In no event shall such notification be received by Seller later than 13 months after the date of shipment.No action for breach of warranty shall be brought more than 15 months after the date of shipment of the equipment or material.Corrosion or other decomposition by chemical action is specifically excluded as a defect covered hereunder,except that this exclusion shall not apply to chlorination equipment. Buyer does not warrant(a)damage caused by use of the items for purposes other than those for which they were designed,(b)damage caused by unauthorized attachments or modifications,and(c)any other abuse or misuse by Buyer.SELLER MAKES NO OTHER WARRANTY OF ANY KIND, AND THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS OF THE MATERIAL OR EQUIPMENT FOR ANY PARTICULAR PURPOSE EVEN IF THAT PURPOSE IS KNOWN TO SELLER.Seller shall not be liable for any incidental or consequential damages arising from the sale or use of the equipment or material.Where circumstances permit, Seller will invoke, for the benefit of Buyer, the guarantee or warranty of Seller's vendor for equipment or materials furnished hereunder. In the event the equipment or material furnished hereunder shall be used in any capacity in connection with any nuclear facility, Buyer agrees to hold Seller harmless from all claims for damages arising out of injury or death to any person or damage to or destruction of the nuclear facility, or any other properly, or loss of use of any such property,whether such person or property is on or off the installation or activity site for which the equipment or material furnished hereunder is destined and whether such damage, loss, destruction oi loss of use, injury or death results directly or indirectly ;rom a nuclear incident or from any other cause. a. Buyer agrees to indemnify and hold Seller harmless from and against the portion of any liability, cost, expense (including reasonable attorney's fees), claim, judgement, settlement or damaga that Seller may be required to pay to any employee of Buyer who alleges or proves that he or she has been injured in the course of his or her employment while working with the equipment or material supplied by the Seller under this agreement,which is caused or contributed to by the negligence or fault of Buyer. In case the Buyer resells the equipment or material supplied by the Seller under this agreement, Buyer will request and if possible obtain from its purchaser an indemnification similar to the foregoing for the benefit of Buyer and Seller. 5 No liability shall result frorr delay ;n performance or non-performance in whole or in pan if performance as agreed has been made impracticable by compliance in good faith with any applicable foreign or domestic governmental regulation or order whether or not it later proves to be invalid. or by the occurrence of a contingency the non-occurrence of which was a basic assumption on which this contract was mane. including but not lim'tec k^, acts of God,fire,flood, accident, riot. war.sabotage,strike, labor trouble or shortage, embargo.or Seller s inability to obtain at prices and on terms deemed by it to be practicable any required raw material,energy source.equipment,labor or transportation If any of such circumstances affect only a part of Seller's capacity to perform,Seller shall have the right to allocate production and deliveries among all of its customers and its own requirements in a fair and reasonable manner. Quantities affected by this paragraph may, at the option of either party, be eliminated from the contract without liability,but the contract shall remain otherwise unaffected. 6. This proposal and the Buyer's acceptance shall not become a contract until approved by the Seller's authorized official at Belleville, New Jersey and when so approved shall constitute the entire agreement between the parties hereto,it being understood that there are no express or implied warranties (either of Merchantability, Fitness or otherwise), representations, commitments or statements made by Seller or any of its agents,servants or employees except as expressly provided herein. 7. Buyer's acceptance of Seller's proposal creates a contract between them which thereafter can be terminated by Buyer only upon Buyer's written request and Seller's written consent thereto,subject to such conditions as Seller may reasonably require. Normally,and in the absence of special circumstances. Seller's consent will be contingent upon Buyer's agreement to pay a cancellation charge. The amount of such charge will be dependent upon the percentage completion of the order at the time of Seller's receipt of Buyer's written request for cancellation a) If the order has not been shipped,the cancellation charge shall equal the total of Seller's accrued costs(including but not limited to clerical processing, engineering, drafting, and, if the equipment or material is not standard,the costs of manufacturing labor and materials)or 15%of the contract price,whichever is greater. b) If the order has been shipped,the cancellation charge shall equal the total of Seller's accrued costs as defined in a) above or 25%of the contract price,whichever is greater.In addition,Buyer shall bear the cost of returning the equipment or material to Seller's Belleville.N.J.facility,and it must be received by Seller in new and unused condition. c) In either event a) or b) above, Seller will charge back to Buyer any cancellation charges by other manufacturers to Seller on items which Seller may have ordered from them to complete Buyer's order. d) In the absence of special circumstances,Seller wilt not consent to cancellation and return in the event of Seller's receipt of Buyer's cancellation request 30 or more days after Seller has shipped the equipment or material. 8 This agreement constitutes the entire contract of sale and purchase of the products herein named. It is not assignable by either party without the written consent of the other. No modification of this contract shall be of any force or effect unless in writing signed by the parties and no modification shall be effected by the acknowledgement or acceptance of purchase order forms containing different terms or conditions 9 Waiver by Seller of any breach of these conditions shall not be construed as a waiver of any other breach. REV 8'89 . n II • rib* O1 y, Ag enda Item No.:„ t - \A/ February 7, 1996 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Water Treatment Equipment Replacement PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to authorize the purchase of a replacement lime slaking system at the Airlite Street Water Treatment Plant. emb. BACKGROUND The Airlite plant uses lime to soften the deep well raw water. The lime is fed into equipment that allows a thermal chemical reaction to occur and is then conveyed to the treat- ment basins. In 1994, the City Council approved replacing one of the two lime slaking systems with equipment manufac- tured by Wallace & Tiernan, Inc. The second unit, manufac- tured by BIF Industries, is 14 years old and is scheduled for replacement this year. Replacing the obsolete BIF equipment with a Wallace & Tiernan slaking system will reduce inventory, consolidate training, and provide for a more efficient chemical feed system result- ing in a reduced chemical cost. Water Department staff has negotiated with Peterson & Matz, Inc. (sales representatives for Wallace & Tiernan, Inc. ) for the purchase of the lime slaking system. Attached is a writ- ten proposal for the lime slaking system in the amount of $45,670, which represents a 15% discount from the list price. City employees will remove the existing equipment and install new equipment. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. Water Treatment Equipment Replacement February 7, 1996 r" Page 2 FINANCIAL IMPACT The Water Fund's 1996 budget contains funding ($58,000) under appropriation number 401-4002-771 .91-46, project number 409073, "Capital Equipment Replacement, " for this purchase. LEGAL IMPACT None. RECOMMENDATION It is recommended that the Council authorize the purchase of the Wallace & Tiernan lime slaking system from Peterson & Matz, Inc. , Palatine, in the amount' of $45,670. Respectfully s mit ed, I - 'ai r . (c,j /emu G/ James L. Kristiansen Public Works Director r ;=4c,72. 2_ 11. IcAsCe2.--1 Richard B. Helwig City Manager RBH:JLK:KME: jm Attachment r