03-79 Resolution No. 03-79
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH WALZ SCALE, INC.
FOR PORTABLE WEIGH SCALES FOR THE POLICE DEPARTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that David M. Dorgan, City Manager, and Dolonna Mecum,
City Clerk, be and are hereby authorized and directed to execute
an agreement on behalf of the City of Elgin with Walz Scale,
Inc . for portable weigh scales for the police department, a copy
of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: April 2 , 2003
Adopted: April 2 , 2003
Omnibus Vote : Yeas : 5 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT
THIS AGREEMENT, made and entered into this iy-m' day of A�.e •L ,
2003 , by and between the CITY OF ELGIN, an Illinois municipal
corporation (hereinafter referred to as "CITY" ) and WALZ SCALE,
INC. , an Illinois corporation (hereinafter referred to as "WALZ
SCALE" ) .
WHEREAS, CITY has determined that it is in its best interests to
purchase portable scales to weigh trucks that appear to be
overweight in order to preserve the integrity of the CITY' s
roads ; and
WHEREAS, WALZ SCALE manufactures such portable scales and is
ready, willing and able to sell such scales to the CITY.
NOW, THEREFORE, it is hereby agreed by and between the CITY and
WALZ SCALE that the CITY does hereby purchase from WALZ SCALE for
and in consideration of the mutual promises and covenants
contained herein, the sufficiency of which is hereby
acknowledged, the scales described below, subject to the
following terms and conditions and stipulations, to-wit :
1 . PURCHASE OF GOODS
WALZ SCALE shall deliver to the CITY at a site designated by
the CITY within the City of Elgin, Illinois, four "PAT
SAW10C" Portable Scales (hereinafter "Scales" ) to include
all interconnect cables, charging box and cigarette lighter
cable, and with the other specifications as set forth in the
Walz Sales Quotation dated August 27, 2002 attached hereto
as Exhibit A. Ownership of the Scales and related equipment
shall be transferred to the CITY upon inspection and
approval of the Scales by the CITY.
2 . PAYMENTS TO WALZ SCALE
The CITY shall remit to WALZ SCALE the amount of $16 , 200 for
the four scales and related equipment described above upon
receipt and inspection of the scales by the CITY to ensure
that the scales are functioning properly. The above
referred amount of $16 , 200 includes the cost for
certification for the year 2003 .
3 . WARRANTY, CERTIFICATION AND MAINTENANCE
a . WALZ SCALE understands the purpose for which the CITY
intends to utilize the Scales and warrants that the Scales
shall satisfy the CITY' S needs and the purpose for which
they CITY intends to utilize these scales and that the
scales are in good and merchantable condition. WALZ SCALE
additionally warrants that the above-referred Scales shall
satisfy the CITY' S purpose for a period of two years from
the date of delivery, absent proof of the CITY' S abuse or
neglect of the Scales . WALZ SCALE shall perform during such
two year warranty period at no additional cost all required
maintenance and repairs on the Scales and related equipment ,
including all parts and labor therefor, for any maintenance
or repairs not due to abuse or neglect .
b. WALZ SCALE shall also perform, or cause to be
performed, during such two year warranty period,
recertification of the scales according to the requirements
of the Illinois Department of Transportation. The cost to
recertify each Scale shall be paid by the CITY and be in an
amount of $900 for the year 2004 . The certification charge
for 2005 shall also be paid by the CITY in the same amount
WALZ SCALE is charged for said recertification by the State
of Illinois .
4 . INVOICES
WALZ SCALE shall submit invoices in a format approved by the
CITY.
5 . BREACH OF CONTRACT
If either party violates or breaches any term of this
Agreement , such violation or breach shall be deemed to
constitute a default , and the other party has the right to
seek such administrative, contractual or legal remedies as
may be suitable to the violation or breach; and, in
addition, if either party, by reason of any default, fails
within fifteen days after notice thereof by the other party
to comply with the conditions of the Agreement, the other
party may terminate this Agreement .
6 . INDEMNIFICATION
To the fullest extent permitted by law, WALZ SCALE agrees to
and shall indemnify, defend and hold harmless the CITY, its
officers, employees, agents , boards and commissions from and
against any and all claims, suits, judgments, costs,
attorneys fees, damages or other relief, including but not
limited to workers compensation claims, in any way resulting
from or arising out of negligent actions or omissions of the
WALZ SCALE in connection herewith, including negligence or
omissions of employees or agents of the WALZ SCALE arising
out of the performance of this Agreement . In the event of
any action against the CITY, its officers, employees,
agents, boards or commissions, covered by the foregoing duty
to indemnify, defend and hold harmless such action shall be
defended by legal counsel of the CITY ' s choosing. The
provisions of this paragraph shall survive any termination
and/or expiration of this Agreement .
7 . NO PERSONAL LIABILITY
No official , director, officer, agent or employee of the
CITY shall be charged personally or held contractually
liable under any term or provision of this Agreement or
because of their execution, approval or attempted execution
of this Agreement .
8 . NO CO-PARTNERSHIP OR AGENCY
This Agreement shall not be construed so as to create
partnership, joint venture, employment or other agency
relationship between the parties hereto .
9 . SEVERABILITY
The parties intend and agreed that , if any paragraph, sub-
paragraph, phrase, clause or other provision of this
Agreement, or any portion thereof, shall be held to be void
or otherwise unenforceable, all other portions of this
Agreement shall remain in full force and effect .
10 . HEADINGS
The headings of the several paragraphs of this Agreement are
inserted only as a matter of convenience and for reference
and in no way are they intended to define, limit or describe
the scope of intent of any provision of this Agreement , nor
shall they be construed to affect in any manner the terms
and provisions hereof or the interpretation or construction
thereof .
11 . MODIFICATION OR AMENDMENT
This Agreement and its attachments constitutes the entire
Agreement of the parties on the subject matter hereof and
may not be changed, modified, discharged or extended except
by written amendment duly executed by the parties . Each
party agrees that no representations or warranties shall be
binding upon the other party unless expressed in writing
herein or in a duly executed amendment hereof , or change
order as herein provided.
12 . APPLICABLE LAW
This Agreement shall be deemed to have been made in, and
shall be construed in accordance with the laws of the State
1 . •
of Illinois . Venue for the resolution of any disputes or the
enforcement of any rights pursuant to this Agreement shall
be in the Circuit Court of Kane County, Illinois .
13 . NOTICES
All notices, reports and documents required under this
Agreement shall be in writing and shall be mailed by First
Class Mail , postage prepaid, addressed as follows :
A. As to CITY :
James Burns, Deputy Chief of Police
City of Elgin
151 Douglas Avenue
Elgin, Illinois 60120-5555
B . As to WALZ SCALE :
Walz Scale
656 High Point Lane
East Peoria, IL 61611-9369
IN WITNESS WHEREOF, the undersigned have placed their hands and
seals upon and executed this Agreement in triplicate as though
each copy hereof was an original and that there are no other oral
agreements that have not been reduced to writing in this
statement .
J
CITY OF ELGIN WALZ SCA ' , :NC .
By c42 . 227("1-- ------ --- <. ro1 le
City Manager
/),e_ C;;-)), /}
ATTEST : , 4A /2...104 C a ,.
9V-41 Ak4iG44,..--
City Clerk
+++++-rT++++++++++++++++++
+ OFFICIAL SEAL +
DEBORAH A. MILLER +
+ +
F:\Legal Dept\Agreement\Walt Scale Agrt .doc ++N MM ,FTATEOF - +
EXPIRES 7-20-06+
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�4 City of Elgin Agenda Item No.
E
L
March 7, 2003 G
N
TO Mayor and Members of the City Council
SAFE COMMUNITY
FROM: Olufemi Folarin, Interim City Manager
SUBJECT: Truck Weigh Scales for the Police Department
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider the
purchase of four portable weigh scales from Walz Scales for use
by the Police Department .
BACKGROUND
With the continued growth of the City there is a constant
increase in traffic, especially truck traffic. Elgin City
streets are frequently used by large trucks delivering goods
within the City and passing through the City to surrounding
locations. When these trucks are improperly overloaded, they do
tremendous damage to City streets. It has been estimated that
one overweight truck does more damage to City streets than 9, 000
automobiles . It is therefore clear that the enforcement of
overweight trucks is a major cost factor to the City.
The police department has officers trained in overweight
enforcement and in recent years has become efficient in locating
and charging these offenders. Last year overweight truck fines
totaled $173, 122 . This was possible, despite the difficulty of
using privately owned fixed point scales that are more time
consuming and have restricted hours of operation. It would be
more efficient for the City to own and utilize portable weigh
scales that could be readily deployed when most conducive. The
police department has been looking at several types of scales
for the last several years and is now recommending the purchase
of one set of four portable scales.
Truck Weigh Scales Purchase
March 7, 2003
Page 2
The police department contacted the Illinois State Police and
the Illinois Department of Transportation (IDOT) for a
recommendation. Both agencies strongly recommend the PAT
America; model PAT SAW 10C, sold exclusively in Illinois by Walz
Scale. The traffic division had these scales demonstrated by
Walz, and recommends the scales for purchase. Since Walz is the
exclusive Illinois dealer, a quotation was solicited from them
and is attached, for one set of four scales at $16,200 .
Although there are similar products available from other
vendors, none are deemed to be of as high quality as the PAT
scale. These scales have superior durability, service and
warranty. IDOT has used both scales and found that the
competitors scale (Intercomp) was prone to breaking at the
display extension and that this damage is not covered by the
warranty. These scales are one solid piece and are more durable
when they must be transported to a site and positioned multiple
times. They are more forgiving if placed on unleveled ground and
are less prone to intentional damage by truckers slamming on
their breaks when entering the scales, an all too often
occurrence. Additionally, Walz scale will provide loaner scales
while our scales are re-certified on an annual basis, which the
competition does not offer. An exception must be made to the
procurement ordinance to allow this purchase.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
The Illinois State Police and the Illinois Department of
Transportation.
FINANCIAL IMPACT
' There are sufficient funds budgeted and available ($16, 200) in
account number 275-0000-791 . 92-46, Riverboat Fund, Other
Equipment, Project Number 230017, cover this purchase of
$16,200 .
EGAL IMPACT
None.
Truck Weigh Scales Purchase
March 7, 2003
Page 3
ALTERNATIVES
1 . The City may chose to purchase these scales from Walz
Scales.
2 . The City may chose not to purchase portable scales and
continue using privately owned stationary scales.
RECOMMENDATION
It is recommended that the City Council approve the purchase of
one set of four PAT SAW 10C scales from Walz Scale per their
quote of $16, 200 and allow an exception to the procurement
ordinance.
Respectfully submitted,
em. A
lip
Olu emi F. Grin
Inte 'm Ci 'y ager
JJB/sp
Attachments
„' 17-2003 14:47 IDOT SCALE HOS 217 524 3242 P.02
Finals Department of Transportation
2300 South Dirksen Parkway/Springfield, Illinois/62764
To: Elgin Police Dept.
From: Lee Mills
Date: 1116/03
Re: Pat Saw10C
The Illinois Department of Transportation has been using the P.A.T. Saw10C for
approximately-eight years. We have experienced very few problems with very little
maintenance.
Lee Mills
r
TOTP_ P.C2
01/27/2003 16:05 7172637845 PAT AMERICA PAGE 02102
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Vil .
PAT
January 27, 2003
PAT Amtrica,Ins
7665 Orchard Drive
Ghambercburg,PA 1710..
Phone (777)263.7655
FAX (7771 263.7$45
InPoOpwramerka,com
Elgin Police Department www.poramerrca.com
Attn. Sgt. Tom Olson
An ADPiRON Group
mown),
Dear Sgt. Olson:
Per your request,I am providing you with the information on our distributor in the state
of Illinois. Walz Scale,Peoria Illinois,is the exclusive distributor of the PAT SAW 10C
portable wheel load weigher in the state of Illinois.
rik We pride ourselves on the durability of our scales,which in some cases have been in the
field for over 15 years. As I am sure Tom Carroll has brought to your attention the entire
PAT SAW 10C(including housing)can be run over and not damaged with a normal
truck tire. Many of our competitors make the same claims,but in many cases the scales
are damaged.
I am sure Walz Scale would be happy to provide you with an extensive reference list of
agencies with in the state of Illinois(including the State DOT)who are currently using
the PAT SAW 10C portable wheel load weigher.
We have been working with Walz Scale in the state of Illinois for over five years and
have found that their level of customer service before and after the sale is second to none.
If you require more information or have any questions,please give me a call at 717-263-
7655.
Regards,
PAT ' RIC . ' .r
G. Peck
Marketing Manager
r
01/28/2003 11:25 3096943285 I4ALZ SCALE PAGE 01
AWAlitiZigyS0
tek --- A2LA Accredited Calib 4n
MS?4TH PONT LANE EAST PEORIA,a e'e91-83.
•(309)6844X) •Tel Aft(800)747-0701 •FAX (yo}fos+'l)
•emit ask•wt fssoai aorw •IM*rM: Nww.iwi GC►t�
01./23/03
Elgin Police Department
Attn: Sgt.Tom Olson
Elgin,IL
Tom,
Per your request,I am providing background information on our level of commitment to
police departments and their use of wheel load weighers we provide to them.
fI
As I have mentioned on the phone,Walz Scale has been in the scale business for 36
years,and actively involved in marketing wheel load weighers for the last 10 years. We
were active on the Weights and Measures Task Force in 1997 that dealt with the
effectiveness of wheel load weighers,and portable axle scales,and continue to provide
superior scale sales and service to police departments throughout the state. We have the
capability to test the scales to the Department of Agriculture's standards of 11,00016 at
our facility,and place them in service at our facilities in East Peoria,IL. To the best of
my knowledge the only facilities able to do this is the Dept. of Agriculture,IDOT,and
F Walz Scale. As a regular part of our scale service, I will be more than happy to come to
your facility and pick up the scales when in your area,and return them after certificatio
with all appropriate documentation.
To date there are 469 wheel load weighers in service in the State of Illinois. After a
quick review,it appears that we have sold approximately 430 of these units. I feel this i
a testament to the quality of our product. If we were selling an inferior product,with
number of scales in service,and the frequency in which they are used,it would be a
service nightmare. In 2002 we had service inquiries on less than 4%of all units in the
field,and actually had to service less than 3%of all units. I feel this is excellent
experience! I .
One of the greatest benefits to this scale is the design of the housing. Any part of the
scale can be run over with a truck tire,and it will not be damaged. Some models,such : II
the Interconip 12600 can and will get damaged if a truck tire runs over the head of the ' I
scale. (This did happen to one police department in Illinois.). PAT America and Walz I
Scale make no exceptions on the workmanship of the scales. If it fails during the
warranty period, and the failure is not due to abuse or neglect,the repair will be covered l
without exception,
•5ILLINOIS SERVICE LOCATIONS •15017025IA2LA ACCREIXTED
Q CENTRAL EAST PEORIA 0 °PERU ° SPRINGFIELD
°�oo+�n,oroi ° aQ
(300)59�-',1206 (515)2 0055 (217) 7 -01�G
('JDQ)452-3153 3+17-7112
1
01/26/2003 11:25 3056943285 WALZ SCALE PAGE 02
We have been representing PAT and their line of wheel load weighers for several years.
Should you wish to contact them and ask them about our abilities please contact Mr.Gar
Peck at(717)263-7655. He can provide you with additional information if needed:
Tom,please do not hesitate to contact me if you have further questions.
Kind Regards,
0034't- 61)`^18-et
Tom Carroll
I
•
I�.
01/22/2003 16:47 30?694326 WALZ SCALE PAGE 71
FOAL •
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scat F 1-(100) 747-0701
e" Midwest's Largest Scale Company
tab Quids 1T0211 Aooredtted
DElgin Police Department Questions? Please call Ton Carroll
eparm
Attn: Tom Olson Lease Number. 00235
• 151 Douglas Avenue Dab: 8127/2002
Elgin, IL 60120-5503
847/931-6600 Lease Expires on: 9/26/200
email: arson tadtyofeigin.arg
Sales Quotati n
Part 0 T Mfr ;
Wheel Load IPAT
Description Price :otend
Includes all Interconnect cables,charging box ; $3,900.00 41$ ,800-00
Weigher I ;and cigarette lighter cable.
1Capecity: 20,000 lbs,per pad
iResolution: 50 Lb. I
Construction: Aluminum i
Battery 12V battery w/charger or 6 aihlines AA
Display: 1/211 LCD grey display with backlite ` f
jPacuracy: NTEP Class Ills,400 division,
jhendbook 44
I NISI state certified approved for
!enforcement
!Dimensions: 31.75"x 20"Lx1.114
Carrying Wt.: 49 lbs.
Features: On/Off,zero,power voltage and
I 1 ;charging signals. RS232 communication port to
eillik !peripheral devices.
I
ICertiflcation of scales with State of Illinois $200.00( 4i .$800.00]
I
Please deduct$400 for initial purchase credit for
calibration of scales
I I i
ITom, I will give you a call when your scales get I
7. Call me with any questions you may have. i
I I
I 1
I
•
Walz Scale offers Leasing
' I
. ny purcase can easily be turned into a iea0.
We offs i 12 month leases to 60 month lease".
I
._...L__ . .__. L._.__
Terms and Cctridltions
Payment-. Net 30
Freight- FOB Manufacturer I
Tax- As Applicable
Delivery- After February 23 certification
date