96-41 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
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