HomeMy WebLinkAboutItem No. 26 - Diamond Club Kitchen & Beverage Services Area ADA Accessibility Remodel Project
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REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Jason Simpson, City Manager
Date:January 10, 2023
Subject: Authorize the Purchase of a Beverage System from Norland International,
Inc. (DBA Abe Equipment) for the Diamond Club Kitchen & Beverage
Services Area ADA Accessibility Remodel Project (CIP Project #Z20003)
Recommendation
1. Authorize the City Manager to purchase a complete beverage system from Norland
International, Inc. (DBA: ABE Equipment) in the amount of $232,616.00 for the Diamond Club
Kitchen & Beverage Services Area ADA Accessibility Remodel Project (CIP Project #Z20003);
and
2. Waive the formal bidding process per Municipal Code Section 3.08.070(G) for the purchase
from Norland International, Inc. (DBA: ABE Equipment) since it is a non-replicable, custom
system package satisfying all of the County and State Health Department requirements.
Background
The recent Diamond Stadium Projects have included amenities to attract visitors, entertainment,
and sporting events from local and regional areas. Recently, staff and storm management have
identified a greater food and beverage service demand in the Diamond Club restaurant.
Discussion
As the City continues to build and rehabilitate top notch facilities for the enjoyment of the entire
community it is important to design and build into these facilities highly desirable long-lasting
amenities. It is a challenge to satisfy County and State Health Department requirements
surrounding food and beverage services. The ABE Equipment is a unique system with great utility
and added variety to the stadium beverage services and to the overall success of the Diamond
Stadium entertainment venue. The objective is an increased focus on the fans experience at
Diamond Stadium and a one-of-a-kind augmentation to a popular restaurant and stadium venue.
This purchase is a one-stop solution source for turnkey beverage production. The customization
of this system will provide the needed assurances that the entire system will fit into the remodeled
Beverage System Purchase
Diamond Club Kitchen area and operate at the expected levels. This investment will bring long
lasting value to the beverage services at the Stadium. The entire remodeling project will address
changing markets that require innovative concepts, products and services. With the completion
of the remodeled kitchen the stadium will be poised to satisfy the many loyal customers and again
separate from the everyday food and beverage service competition.
Engineers have developed this unique system to fit into the limited space of the existing kitchen.
Staff’s research has determined this product is a leader and choice of the major venues for its
customization, size, and installation easy for providing a wide range of beverage products.
Wavier of Competitive Bidding Procedures
Pursuant to Section 3.08.070(G) of the Municipal Code, the City Council has the discretion to
waive the competitive bidding requirement that would otherwise be utilized for this purchase. The
system benefits outlined above and the fact that this is a highly customized designed system with
complete component integrity to fit in the limited available space is unique. To switch to another
vendor would require a complete redesign significant time investment that far exceeds the
investment already made. Staff recommends that the City Council waive the competitive bidding
pursuant to Municipal Code Section 3.08.070(G) and allow the Executive Director to purchase
directly from ABE Equipment as outlined in this agenda report.
Fiscal Impact
Diamond Club Kitchen & Beverage Services Area ADA Accessibility Remodel Project is included
in the Fiscal Year 21/22 – 26/27 Capital Improvement Plan (CIP) budget.
Attachments
Attachment 1 - ABE Equipment Proposal
Quote
Quote Number:NORQ68930
Date:11/09/2022
Quotation Prepared For Quotation Prepared By
Company:Golden State Catering Company:ABE Equipment
Contact:Shaun Brock Contact:Tanner Litt rel
sbrock@stormbaseball.com tannerl@americanbeerequipment.comEmail:Email:
Phone:(559) 577-0608 402-441-3737Phone:
Address:Address:Lake Elsinore, CA
USA
2001 SW 6th St.
Lincoln, NE 68522
ABE Equipment is a Division of Norland International
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Line Qty Description Unit Price Total Price
$5,792.00 $5,792.00 1 1 Steam Heated Control Box
Features:
- Nema 4X Electrical enclosure
- PID Temp Controller Steam valve control
- PID Temp Controller for Dephlegomater
- PID Temp Controller for Finial Condenser
- Agitator with C1D1 COMPLIANT Motor
- VFD for Agitator control
- Over Temperature Alarms PID Controllers (*****SAFETY*****)
- Emergency Stop
UL Certification. (Underwriters Laboratories Inc.)
-Federal OSHA requirements mandate that all electrical equipment in the workplace must be
"Certified" or subjected to a complete and thorough evaluation before use. (29 CFR 1910.303
and 1910.399). Many state, county and city electrical jurisdictions also have similar
requirements.
-UL conducts an unbiased, independent assessment of products, at a specific location, to
meet essential requirements for applicable product safety standards. UL's Engineering
Assessment Teams, investigates then informs regulating authorities, whether products and
or installations meet those detailed requirements.
-ABE Beverage Equipment's Auto-Controlled stills are equipped to comply with UL 508A
standards. Certified at ABE's factory in Lincoln, Nebraska to ensure the Electrical Enclosures
meet all necessary safety standards. UL Certification minimizes installation time and in doing
so, saves valuable capital on start-up costs.
Since each still Electrical Enclosure carries UL certification before it leaves the factory, local
electricians will notice the UL mark and know they can safely begin their electrical installation
with delay. Before you decide on a distilling equipment supplier, make sure your vendor can
honestly claim UL approval.
This UL certification exemplifies ABE's dedication to quality equipment, safe operating
conditions and customer service.
$85,796.00 $85,796.00 2 1 Patriot Craft Still 250 Gallon - Steam
- 250 Gallon Pot
- Copper and 304 stainless steel construction
- Stainless Steel Steam jacketed
-18-inch Manway
-Whiskey Helmet (Brandy, Bourbon helmet available upon request)
-304 Stainless Steel Piping
-Manual water controls
-Four-Plate Copper column
-12" column
-Bubble Plate Regulation valve
-Copper Dephlegomater
-Patented Cip Technology
-PRV/VRV located in pot
-C1D1 Compliant Agitator Motor and Gear box
-Tube & Shell Stainless Steel Liquid Management Condenser
$36,288.00 $36,288.00 3 1 10bbl (310 Gallon) CONICAL MASH HOUSE
UL Certification. (Underwriters Laboratories Inc.)
-Federal OSHA requirements mandate that all electrical equipment in the workplace must be
"Certified" or subjected to a complete and thorough evaluation before use. (29 CFR 1910.303
and 1910.399). Many state, county and city electrical jurisdictions also have similar
requirements.
-UL conducts an unbiased, independent assessment of products, at a specific location, to
meet essential requirements for applicable product safety standards. UL's Engineering
Assessment Teams, investigates then informs regulating authorities, whether products and
or installations meet those detailed requirements.
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Line Qty Description Unit Price Total Price
-ABE Beverage Equipment's Auto-Controlled brew houses are equipped with Control panels
to comply with the UL 508A standards. (UL file E483374)
These panels are Certified at ABE's factory in Lincoln, Nebraska. By using ABE's panels you'll
minimize installation time and in doing so, save valuable capital on start-up costs.
Since each brewhouse Control Panel carries UL certification before it leaves the factory, local
electricians will notice the UL mark and know they can safely begin their electrical installation
with delay. Before you decide on a brew house equipment supplier, consider ABE.
This UL certification exemplifies ABE's dedication to quality equipment, safe operating
conditions and customer service.
Includes: SEW-EURODRIVE Gearmotor.
Full stainless steel work platform w safety railing and non-slip substrate
Stainless steel brewhouse, piping, valves, clamps and fittings
Control System
- UL Certified
- Digital control panel
- Automatic temperature controls
- Variable speed drives for brew house motors/pumps
- Manual fluid valves
- Emergency Stop Safety Feature
Mash Tun
- 90 degree cone bottom
- Stainless steel grist hydrator w/ hot & cold hydration inlet
- Upper and lower steam jackets w/ independent valve control
- Heavy duty mixing paddles with variable speed
- 2" drain at bottom of vessel
- Fully insulated vessel
- Stainless steel
- SS CIP High-flow Rotary Spray Ball with 360° of coverage.
- Interior light
- Sparge ring assembly
- Top manway (tempered glass)
- Dual zone steam jackets
$2,040.00 $2,040.00 4 1 Hot/Cold Liquor Blending Assembly
Features:
- 1.5" Hot liquor inlet
- 1.5" tri-clamp thermometer gauge
- 1.5" tri-clamp for cold water inlet
- Sanitary flow meter and totalizer for strike/sparge water
*Auto blendng assembly available. Contact your ABE sales rep for more info.
$8,969.00 $8,969.00 5 1 Mash Chiller for Grain-on Distillation (10bbl and less)
8 tube counterflow mash chiller
- Ideal for use with 10bbl and smaller mash houses
- 2" external tubing with 1.5" internal tubing
- Mounted on 4" casters for portability
Estimated knock out times for clear mash:
5BBL 50 minutes
7.5BBL: 65 minutes
10BBL: 90 minutes
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Line Qty Description Unit Price Total Price
6 1 $2,950.00 $2,950.00Standard Transfer Hose Kit
This is a starter kit including 100' of brewers hose the end user may cut to desired lengths (up
to six sections) with ends and connections needed to soft plumb equipment for transfers and
cleaning. The standard kit includes spare manway gaskets, quick disconnects sized for your
equipment, reducers, a sight glass, and spanner wrench. Additional items may be purchased
from ABE as needed.
$10,385.00 $10,385.00 7 1 15bbl Steam Hot Liquor Tank
Features:
Hot Water Tank 15bbl volume
- Stainless steel (304) sanitary construction
- 100% TIG welded
- 4 heavy duty stainless steel legs with adjustable height and leveling footpads
- Interior shell: 304 stainless steel, thickness 11 gauge (3mm)
- Interior finished to 2B and exterior finish bright polished to #4 240 grit, sanitary surface
- 2" Tri-clamp sanitary fittings
- Thermowell
- Sample valve
- Lifting lugs
- Top manway
- CIP arm and spray ball 360° & 10' of coverage.
- Easy-clean CIP ball that features a slide-over pipe connection with cotter pin
- Visual level sight glass
- Dual zone steam jackets
- Stainless Pipes, Valves and Fittings
* 5-YEAR LIMITED WARRANTY is applicable to metal, welds, steam jackets and glycol jackets.
$2,191.00 $2,191.00 8 1 Hot/Cold Liquor Pump System
Features:
- Ampco/Leeson stainless steel wash-down pump
- VFD speed control
9 1 $1,444.00 $1,444.00Hot/Cold Liquor Piping and Fitti ngs
Features:
- Stainless steel installation piping, valves, fittings and pump mounting
*Does not include hard piping to brewhouse
10 5 $592.00 $2,960.00Steam Valve
Features:
- ¾" FPT Motorized Steam Valve, 24VAC, NC
- Slow open / slow close.
- Specifically designed for steam boiler operation.
11 1 $4,204.00 $4,204.00Supply Diaphragm Pump
Supply Diaphragm Pump
The diaphragm pump uses an EPDM double diaphragm configuration with Teflon check balls
to bring the beer from your supply tank to the necessary 15 to 40 psi for bottling. It runs on
compressed air and is equipped with an adjustable pressure regulator and water separator.
Stats:
- 0-46 gpm Flow Rate
- 1 1/2" tri-clamp port size
- 5.7 cfm @ 90 psi
- 93 dB(A) max noise level
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Line Qty Description Unit Price Total Price
$3,622.00 $3,622.00 12 1 Portable Transfer Pump System 1.5 hp
Features:
- Leeson 1.5 h.p. stainless steel sanitary, washdown pump
- VFD Speed Control
- Stainless Steel cart mounted
$10,451.00 $31,353.00 13 3 10bbl Stainless Steel Fermentation Tank
Features:
- Outer Shell: Stainless steel 304 sanitary construction thickness 11 gauge (3mm)
- Interior Shell: 304 stainless steel, thickness 11 gauge (3mm)
- 100% TIG welded and sanitary polished
- Design Pressure 30PSI, Test Pressure 30PSI (0.2MPa)
- 4 Heavy-Duty stainless steel legs with adjustable height and leveling footpads
- Interior finished to 2B and exterior finish bright polished to #4, 240 grit, sanitary surface
- 1.5" Tri-clamp sanitary fittings
- PVRV: Vacuum & pressure relief valve
- Tank insulation: 80 mm thickness
- Pressure gauge
- Analog Temperature Gauge
- Perlick-Style sample valve
- Lifting lugs
- Ladder hooks. Also designed to hold brewers hose when not in use.
- Side man-way door
- CIP arm and Rotary Spray Ball 360° of coverage.
- Dual-zone cooling jacket with glycol inlet and outlet
- Rotating DIN fitting racking arm and discharge port with valve and fittings
- Up to an 8" Dry Hop Port
- Thermo-well (RTD sensor not included)
* Carb Stone Not Included *
* 5-YEAR LIMITED WARRANTY is applicable to metal, welds, steam jackets and glycol jackets.
$4,382.00 $4,382.00 14 1 SmartStation Glycol Temp Control Box
This PLC-based controller is state of the art with an ultra-fast processor that can handle
simultaneous processing of up to 30 temperature control loops. The PLC can be connected to
your Brewhouse with an ethernet cable, or operate as a standalone unit. Your control box can
be expanded from 1 to 30 inputs as your brewery grows with the touch of a button.
Features:
- Up to 30 individual temperature control access points
- One multi conductor cable can connect from one station to the next (cable not included)*
- Can connect to ABE auto brewhouse PLC to view information
- Stores temperature history in easy-to-read graph that can be downloaded to USB drive
- Expansion does not require modification of control box
- Easily add expansion inputs to control box using touch screen HMI
- UL 508A Compliant
* Cable can be purchased through ABE Customer Service
** Will not function on tanks not requiring a glycol valve (IE single wall tanks)
15 3 $555.00 $1,665.00SmartStation Cellar Kit
This is the cellar kit for the PLC Glycol Temperature Control Box
Includes:
- 35' RTD Wire
- 3/4" Glycol Ball Valve
- RTD Assembly
* Multi conductor cable required. Cable can be purchased through ABE customer service
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Line Qty Description Unit Price Total Price
$19,876.00 $19,876.00 16 1 ABE Patriot Fill Station
ABE Patriot Fill Station
-Up to 10 bpm fill rate (based on 750ml bottles).
-Pneumatic operation. No electrical parts used.
-Manual fill volume and flow rate controls. Adjustments are quick and easy to make.
-Adjustable for diff erent bottle heights, up to two 750ml bottles, or one 1.5L.
-Comes standard with dual filters at 10 and 5 micron. (other sizes available upon request)
-Fill levels accurate to within <1%
-Stainless construction, all other materials food safe/ alcohol compatible.
Specifications:
Height- 44.25"
Depth- 24"
Width- 23.25"
Weight- 114 lbs.
Air Consumption- 11 SCFM @ 110 psi
*Price includes T-Cork applicator. Other cap options available.
$3,724.00 $3,724.00 17 1 SmartShot15 Labeler
Labeler. Smart-Shot15 labeler Only with Stand and Paper-Backing-Auto-Rewind-Device
The Smart-Shot15 Table Mounted Labeler is designed with the small to medium sized
producer in mind. Production speeds of up to 15 round, bottles or cans, per minute can be
easily achieved. The system applies pressure sensitive labels to bottles or cans sized between
330ml to 1.5 liters in size.
- Includes Paper-Backing-Auto-Rewind-Devise
- Speeds of up to 15 cpm.
- Maximum 9" label roll
- Complete with customer assembled, Military Grade 8625, Type 2, Anodized Aluminum
stand frame.
- The most compact size in the industry.
- Built-in photo sensor and Aux port for optional external photo sensor.
- 110 volt, 1 phase, 60 Hz.
- LABEL SAMPLES ARE REQUIRED
18 5 $495.00 $2,475.00Start-Up and Training Services
On-Site Startup and Training Service (Estimate Only)
- $495 per day, per technician
- Pricing based on an 8 hour workday
- Quoted days includes tech travel (typically one day to destination, one day to return)
* Not inclusive of airfare, hotel, meals and travel (to be determined)
19 1 $2,500.00 $2,500.00ABE Tech Travel, Meals, Hotel (Estimate Only)
Cost for the technician's travel, hotel room, and meals for the startup and training service
20 1 $0.00 $0.00Shipping, Documentation, and Handling (Estimate Only, Final
Charges To Be Determined). Equipment requires a forklift or
rigging company to offload at time of arrival.
Shipping, Documentation, and Handling (Estimate Only, Final Charges To Be Determined)
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Line Qty Description Unit Price Total Price
Payment Terms Shipping FINAL BALANCE
50% down to secure order. Balance due prior to shipment.F.O.B. LINCOLN, NEBRASKA $232,616.00
NORQ68930
PAYMENT TERMS / VALIDITY
1. All prices quoted are in U.S. dollars and are valid for 30 days.
Production and lead times on equipment will not start until all documents are signed and approved by the Buyer. This includes all engineering dimensional
drawings, utility documents, layouts, and/or can and lid information. Seller will not be liable for any delay in performance of any order accepted, or any
delay in shipment or delivery of any material hereunder, when such delay is caused directly or indirectly by fire, flood, accident, riot, war, governmental
intervention, rationing, allocations or embargoes, strike, shortages of labor, delay of materials by suppliers or any other diffi culties beyond Seller's
reasonable control. Delivery of such order shall be deemed suspended so long as any such causes delay its execution. Whenever such causes have been
remedied, Seller will make and Buyer will accept delivery of order.
2. Prices quoted are domestic pricing. Due to international requirements, please
provide final destination for international pricing.
STARTUP NOTES:
1. Overtime, in excess of 8 hours per day, weekends, and US holiday charges are additional and billed at $150 per hour unless otherwise noted above.
2. Unless otherwise stated above, airfare, local travel, hotel, or boarding accommodation and meals during startup and training service are the
responsibility of the buyer with prepayment required prior to technician departure.
3. ABE personnel are not permitted to do installation of plumbing, electrical work, including boiler, steam, CO2 and compressed air runs, and glycol system
plumbing. Licensed plumber and electrician must be available during equipment startup.
ABE personnel are not allowed to run or pull wires to glycol, steam, or control valves. This work must be in place prior to technician's arrival to
location.
4. ABE is not responsible for installation, or liabilities associated with assembly or suspending, of hanging grain hoppers or flex augers. Investigation
of structural integrity as well as building and safety code adherence are solely the responsibility of the buyer.
5. ABE personnel will not be scheduled Start up and Training until the "Installation Check List" is completed in full by the buyer.
6. Startup services are not included in purchase unless stated above.
7. Startup service is recommended for warranty validation.
SHIPPING NOTES:
1. FOB Lincoln, NE for all equipment shipped from Seller's Facility unless otherwise quoted herein. Some or all of the equipment and/or parts may
ship directly to customer from third-party vendors with domestic and international origins. Equipment or parts shipped directly to customer is FOB
third-party vendor's facility.
2. ABE will store equipment free of charge for one month from the agreed upon completion date if there is adequate space to do so. A non-prorated
$2,000/month storage fee will apply on the second month. After 2 months, a non-prorated $7,000 monthly fee will apply. All storage fees are due in
advance of each month of storage.
3. You are allowed (1) free hour to unload the trailer or container. Once the free time expires, you may be charged $80/hour thereafter with a
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ABE Equipment
Standard Terms and Conditions
FURTHER TERMS OF THIS AGREEMENT IN ADDITION TO THOSE ABOVE ARE SET FORTH IN THE ABE EQUIPMENT A DIVISION OF
NORLAND INTERNATIONAL INC. STANDARD TERMS AND CONDITIONS, FOLLOWING HERETO AND ARE INCORPORATED HERE AS
THOUGH FULLY SET FORTH HEREIN, AND, BY THEIR SIGNATURES BELOW, THE PARTIES ACKNOWLEDGE SAME AND AGREE TO ALL
TERMS OF THE AGREEMENT. THIS AGREEMENT IS ENTERED INTO AT LINCOLN, NEBRASKA.
ABE Equipment (ABE) is herein referred to as the “Seller” and the customer or person or entity purchasing Goods (“Goods”) from
Seller is referred to as the “Buyer.” These Terms and Conditions and all documents incorporated by specific reference herein
(collectively, the “Agreement”), constitute the complete and exclusive statement of the terms of the agreement governing the sale
of Goods by Seller to Buyer.
1.) Identification. The Goods shall be identified to the contract upon the execution hereof.
2.) Inspection. Buyer may at its option and expense, inspect the Goods at Seller’s premises located at 2001 S.W. 6th St. Lincoln,
Nebraska (“Facility”). Seller will permit Buyer to enter the Facility upon writt en notice during normal business hours between 9:00
a.m. and 4:00 p.m., Monday through Friday. Equipment shall be inspected in a non-operational, static mode. If Buyer fails to inspect
the Goods prior to shipment, it will be deemed to have waived inspection and to have unequivocally accepted the Goods. Once the
Goods are delivered to Buyer, the sale shall be deemed final and conclusive.
3.) Limited and Standard Warranty. 5-YEAR LIMITED WARRANTY IS APPLICABLE TO METAL, WELDS, STEAM JACKETS, OIL JACKETS,
AND GLYCOL JACKETS USED ON BREWING VESSELS, FERMENATION, BRITE, HOT LIQUOR, AND COLD LIQUOR TANKS. IN THE CASE
OF OTHER COMPONENT PARTS, SELLER WARRANTS THAT THE GOODS MANUFACTURED BY SELLER WILL BE FREE FROM DEFECTS IN
MATERIAL AND WORKMANSHIP UNDER NORMAL USE AND REGULAR MAINTENANCE FOR A PERIOD OF ONE YEAR FROM DATE OF
DELIVERY TO BUYER, OR FOR OPERATION FOR 2,080 HOURS, WHICHEVER IS LESS. THIS IS THE SOLE AND EXCLUSIVE WARRANTY
GIVEN BY SELLER WITH RESPECT TO THE GOODS AND IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE WHETHER OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED TO SELLER IN SPECIFICATIONS, DRAWINGS
OR OTHERWISE, AND WHETHER OR NOT SELLER’S GOODS ARE SPECIFICALLY DESIGNED AND/OR MANUFACTURED BY SELLER FOR
BUYER’S USE OR PURPOSE.
THIS WARRANTY SPECIFICALLY EXCLUDES WEAR OUT ITEMS, DAMAGE DONE IN SHIPPING, FREEZING, CORROSION, EROSION,
SCALING, IMPROPER MAINTENANCE OR INSTALLATION, ELECTRICAL SURGES AND UNITS MODIFIED OR USED FOR ANY OTHER
PURPOSE OTHER THAN BREWING, DISTILLING AND PACKAGING OF BEER, SPIRITS, WINE, MEAD, CIDER AND OTHER SIMILAR NON-
COMBUSTIBLE ALCOHOLIC, OR NON-ALCOHOLIC BEVERAGES. IF WITHIN THIRTY (30) DAYS AFTER BUYER’S DISCOVERY OF ANY
WARRANTY DEFECTS WITHIN THE WARRANTY PERIOD, BUYER NOTIFIES SELLER THEREOF IN WRITING, SELLER SHALL, AT ITS
OPTION AND AS BUYER’S EXCLUSIVE REMEDY, REPAIR OR REPLACE FREIGHT PREPAID BOTH DIRECTIONS THAT PORTION OF THE
GOODS FOUND BY SELLER TO BE DEFECTIVE RETURNED TO SELLER. FAILURE BY BUYER TO GIVE SUCH WRITTEN NOTICE WITHIN
THE APPLICABLE TIME PERIOD SHALL BE DEEMED AN ABSOLUTE AND UNCONDITIONAL WAIVER OF BUYER’S CLAIM FOR SUCH
DEFECTS.
GOODS NOT MANUFACTURED BY SELLER, BUT BY 3RD PARTY AND PROVIDED BY SELLER AS PART OF ANY PURCHASE ARE SUBJECT
SOLELY TO THE WARRANTY AND LIABILITY TERMS AND CONDITIONS OF THE MANUFACTURER.
All costs of dismantling, reinstallation and freight and the time and expense of Seller’s personnel and representatives for site
travel and diagnosis under this warranty shall be borne by Buyer unless accepted in writing by Seller. Section 3 applies to any entity
or person who may buy, acquire or use the Goods, including any entity or person who obtains the Goods from Buyer, and shall be
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bound by the limitations therein. Buyer agrees to provide such subsequent transferee conspicuous, written notice of the provisions
of Sections 3 and 4.
4.) LIMITATION OF REMEDY AND LIABILITY. THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY HEREUNDER
SHALL BE LIMITED TO REPAIR OR REPLACEMENT UNDER SECTION 3. SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY
DELAY IN PERFORMANCE AND IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED
IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE), SHALL SELLER’S LIABILITY TO BUYER
AND/OR ITS CUSTOMERS EXCEED THE PRICE PAID BY BUYER FOR THE SPECIFIC GOODS PROVIDED BY SELLER GIVING RISE TO THE
CLAIM OR CAUSE OF ACTION. BUYER AGREES THAT IN NO EVENT SHALL SELLER’S LIABILITY TO BUYER AND/OR ITS CUSTOMERS
EXTEND TO INCLUDE INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
THE TERM “CONSEQUENTIAL DAMAGES” SHALL INCLUDE, BUT NOT BE LIMITED TO, LOSS OF ANTICIPATED PROFITS, BUSINESS
INTERRUPTION, LOSS OF USE OR REVENUE, COST OF CAPITAL, COST OF LEASE, RENT, WAGES, SPOILAGE, OR LOSS OR DAMAGE TO
PROPERTY OR EQUIPMENT.
It is expressly understood that any technical advice furnished by Seller with respect to the use of the Goods is given without
charge, and Seller assumes no obligation or liability for the advice given, or results obtained, all such advice being given and accepted
at Buyer’s risk.
5.) Assignment. Buyer shall not assign its rights or delegate its duties hereunder or any interest herein without the prior writt en
consent of Seller, and any such assignment, without such consent, shall be void.
6.) Interpretation and Representation. This instrument is intended by the parties to be a final, exclusive, and complete
expression of their agreement and its terms. No course of prior dealings between the parties and no usage of the trade shall be
relevant to supplement or explain any term used herein. Acceptance of, or acquiescence in, a course of performance rendered
under this Agreement shall not be relevant to determine the meaning of this Agreement even though the accepting or acquiescing
party has knowledge of the nature of the performance and an opportunity to object. Buyer and Seller represent to each other that
they are merchants with respect to the subject Goods. No representations were made or relied upon with respect to the Goods or
the terms of this Agreement. No agent, employee, or representative of Seller made, or has any authority to bind Seller by any
warranty, representation, or affirmation concerning these Goods. Buyer acknowledges that no such affirmation, warranty, or
representation has been made, none has been relied upon, and none forms the basis of this bargain. There are no understandings,
agreements, representations or warranties either writt en or verbal, relative to the Goods which are not fully expressed herein. No
statements, recommendations or assistance made or offered by Seller or Seller’s agents or by sales literature, in connection with the
use of any Goods shall constitute a waiver by Seller of any of the provisions set forth herein. The provisions set forth herein
supersede and cancel any previous understanding or agreement between the parties with respect to the subject matt er hereof.
7.) Severability. If any provision hereof is found by any Court of competent jurisdiction to be invalid or unenforceable for any
reason whatsoever, such invalidity or unenforceability shall not affect the provisions hereto, which shall remain in full force and
effect. If any provision is found unreasonable due to its breadth, such terms shall be limited to the extent necessary to be
enforceable.
8.) Modification. This Agreement may be modified only by an instrument signed by the parties or their respective agents.
9.) Notice. Buyer shall give Seller prompt written notice of any potential claim, cause of action, or other dispute arising out of
or relating to this Agreement within thirty (30) days after Buyer first becomes aware of facts that are reasonably deemed to put
Buyer on notice of such potential claim, cause of action, or dispute. In such writt en notice, Buyer shall provide details and factual
support relating to such potential claim, cause of action, or dispute so that Seller may investigate the same and so the parties can
attempt to reach a resolution. Such written notice is a condition precedent to any lawsuit being filed that arises out of or relates to
this Agreement.
10.) Payment of Taxes. Buyer shall pay all federal, state and local sales, use, property excise or other taxes imposed on or with
respect to the Goods, except taxes levied on Seller’s net income.
11.) Confidential Information. All materials relating to the use and service of Goods that Seller has provided and identified as
confidential are proprietary to Seller. Such materials have been developed at Seller’s expense and contain Seller’s trade secrets.
Buyer may not reproduce or distribute such materials to any party unrelated to this Agreement. Buyer shall receive all such
proprietary materials in complete and strict confidence, and shall exercise reasonable care to maintain such confidentiality.
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12.) Shipment Contract; Buyer’s Risk During Transit. Seller shall deliver all Goods to a carrier of its choice at its Facility for
transportation to Buyer’s place of business, but all costs of transportation shall be borne by Buyer including, but not limited to, all
shipping charges and full invoice insurance.
Risk of loss to the Goods shall transfer to Buyer upon delivery to and receipt by carrier at Seller’s Facility. At the Seller’s option,
some or all of the Goods may be shipped directly to Buyer’s location from one or more third-party vendors. The Goods sent from
such vendors may have either domestic or international origins. In such instances, risk of loss to the Goods shall transfer to Buyer
upon delivery to and receipt by carrier at the third-party vendor’s facility with respect to those goods shipped directly to the Buyer.
In all cases, any claims for shortages or damages suffered in transit are the responsibility of Buyer and shall be submitted by Buyer
directly to the carrier. The estimated shipment date indicated herein is approximate and not guaranteed and is based upon prompt
receipt by Seller of all necessary information and payment amounts.
If the shipment of the Goods is postponed or delayed by Buyer for any reason, Buyer agrees to reimburse Seller for any and all
storage costs and other additional expenses resulting there from. Seller will not be liable for any delay in performance of any order
accepted, or any delay in shipment or delivery of any material hereunder, when such delay is caused directly or indirectly by fire,
flood, accident, riot, war, governmental intervention, rationing, allocations or embargoes, strike, shortages of labor, delay of
materials by suppliers or any other difficulties beyond Seller’s control. Delivery of such order shall be deemed suspended so long as
any such causes delay its execution. Whenever such causes have been remedied, Seller will make and Buyer will accept delivery of
order.
13.) Seller’s action for Price-Resale of Undelivered Goods. If Buyer fails to pay the price as it becomes due, Seller may recover,
together with any incidental damages, the price of the Goods identified to the contract if Seller is unable, after reasonable effort, to
resell them at a reasonable price or the circumstances reasonably indicate that such effort will be unavailing. If Seller sues for the
price, it shall hold for Buyer any Goods, which have been identified to the contract and are still in its control, except that if resale
becomes possible Seller may resell them at any time prior to collection of the judgment. Net proceeds of any such resale shall be
credited to Buyer and payment of the judgment shall be credited to Buyer. Deposits made for equipment are non-refundable.
Payment of the judgment shall entitle Buyer to any Goods not resold. If, despite Buyer’s breach, Seller is held not entitled to the
price, Seller shall nevertheless be awarded damages against Buyer for non-acceptance. Any funds received by Seller from Buyer may
be applied by Seller against any such losses of Seller.
14.) Startup Service. A startup service is recommended from Seller’s technicians at an additional cost and this service consists of
making initial adjustments and training the equipment operators. No startup service will be provided unless this is indicated on the
front of the contract along with its costs. Start-up and training service is available at the rate quoted herein, assuming preparation of
facility to ABE Equipment specifications. Startup and training services quoted herein are estimated. A specific quotation for startup
and training service will be provided to Buyer after placement of order.
Prior to startup, the Buyer will be required to provide written confirmation of the readiness of the facility, including readiness of
the building, electrical supply, air supply, water supply. The Buyer may also be required to provide bott le design drawings, sample
bottles, sample labels and other information upon request of ABE. In the event that these materials are not provided in response to
requests, the manufacture and delivery of the equipment may be delayed, and the Buyer agrees that this delay shall be its
responsibility. In the event the ABE technician(s) arrives and the equipment is not mechanically or electrically connected, the Buyer
will be charged accordingly to normal service rates. Seller also reserves the right to remove personnel from the premises until proof
of proper preparation to the facility can be provided. Rescheduling startup and training service will depend on availability of ABE
personnel at that time. Airfare, local travel, hotel, or boarding accommodation and meals during startup and training service are the
responsibility of the Buyer with prepayment required prior to technician departure. Additional technician days required beyond the
estimated time quoted will be charged to buyer at the per diem rate listed above.
15.) Prices; Terms of Payment; Payment Delinquency. All prices are in U.S. Dollars and exclusive of taxes, transportation and
insurance, which are to be borne by Buyer. Payment terms as stated above. Unless otherwise specified by Seller, terms are net from
date of Seller’s invoice in U.S. currency. Failure of Buyer to timely pay per the terms as described on the front of this Agreement will
result in the addition to the balance due of interest at the rate of one and one third percent (1-1/3%) of the balance due for every
month that the balance remains delinquent. Seller shall have the right, among other remedies, either to terminate this Agreement
or to suspend further performance under this and/or other agreements with Buyer in the event Buyer fails to make any payment
when due, which other agreements Buyer and Seller hereby amend accordingly. The provisions of this paragraph are subject to
paragraph 12 above. Deposits are non-refundable unless otherwise agreed upon prior to order and stated in writing.
10 of 17
4
16.) Installation; Maintenance. Unless otherwise provided herein, Buyer shall be responsible for receiving, inspecting, testing,
storing, installing, starting up and maintaining all Goods. Installation and startup of Goods should only be completed by a thoroughly
trained and experienced technician. Improper installation or start up procedures may result in damage to personnel, equipment or
building. Vibration that occurs during shipping may loosen some of the electrical connections such as those at the circuit breakers,
motors, motor starters, pumps, contactors and heating elements. All high amperage electrical connections should be thoroughly
tightened prior to start up. Failure to tighten loose connections may result in excessive heat buildup on the electrical components
resulting in damage to the component, equipment or even the building. ABE Equipment expressly disclaims any damages or losses
of any kind resulting from loose electrical connections.
17.) Indemnification. Subject to the limitations of the second paragraph of Section 4, Seller warrants that the Goods sold,
except as are made specifically for Buyer according to Buyer's specifications, do not infringe any valid U.S. patent or copyright in
existence as of the date of shipment. This warranty is given upon the condition that Buyer promptly notify Seller of any claim or suit
involving Buyer in which such infringement is alleged and cooperate fully with Seller and permit Seller to control completely the
defense, sett lement or compromise of any such allegation of infringement. Seller's warranty as to use patents only applies to
infringement arising solely out of the inherent operation according to Seller's specifications and instructions (i) of such Goods, or (ii)
of any combination of Goods acquired from Seller in a system designed by Seller.
In the event such Goods are held to infringe such a U.S. patent or copyright in such suit, and the use of such Goods is enjoined,
or in the case of a compromise or sett lement by Seller, Seller shall have the right, at its option and expense, to procure for Buyer the
right to continue using such Goods, or replace them with non-infringing Goods, or modify same to become non-infringing, or grant
Buyer a credit for the depreciated value of such Goods and accept return of them. In the event of the foregoing, Seller may also, at
its option, cancel the agreement as to future deliveries of such Goods, without liability.
18). Cancellation and Returns. Purchaser may not cancel all or any portion of an order after work begins or return any materials,
except upon Seller’s writt en agreement and the payment to Seller of (a) for non-customized products, a 25% restocking fee; and (b)
for customized products, the total of (i) the anticipated profit margin of the Seller and (ii) any expenses of the Seller incurred toward
fulfillment of the order, including overhead, plus any expenses incurred in cancelling the order. Payments are due within 10 days of
cancellation, and thereafter shall accrue a finance charge at the same rate as an unpaid invoice. In addition, if Purchaser wishes to
cancel in part, Seller may elect to cancel the remainder of Purchaser’s order without incurring any liability toward Purchaser and
without waiving any rights under these Standard Terms and Conditions.
19). Reverse Engineering. Purchaser will not reverse engineer or assist any other party with reverse engineering Seller’s
equipment (including, but not limited to, any equipment purchased from Seller, on loan from Seller, or any other equipment
designed and/or built by Seller), and will notify Seller upon becoming aware of any other party having reverse engineered any of
Seller’s equipment.
20.) Applicable Law. The validity, construction, performance and all other matters relating to the interpretation and effect of
this Agreement shall be governed by the laws of the State of Nebraska. Buyer and Seller agree that the proper venue for all actions
arising in connection herewith shall be only in Nebraska and the parties agree to submit to such jurisdiction. THE U.N. CONVENTION
ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY TO THIS AGREEMENT.
21.) Export/Import. Buyer agrees that all applicable import and export control laws, regulations, orders and requirements,
including without limitation those of the United States and the European Union, and the jurisdictions in which the Seller and Buyer
are established or from which Goods may be supplied, will apply to their receipt and use. In no event shall Buyer use, transfer,
release, import, export, Goods in violation of such applicable laws, regulations, orders or requirements.
22.) English Language. Unless otherwise specified in the Agreement, this Agreement and all documentation including but not
limited to manuals, user guides, instructions, warning labels and technical drawings are written in the English Language and the
Parties agree that the English version will govern.
23.) This Agreement shall not become effective unless and until signed by Buyer and delivered to Seller at its principal place of
business in Lincoln, Nebraska and signed by Seller.
24). “DRAWINGS PROVIDED BY NORLAND INTERNATIONAL/ABE EQUIPMENT ARE FOR RECOMMENDED LAYOUT OF EQUIPMENT
AND CONNECTIONS ONLY, AND ARE BASED UPON DESCRIPTIONS OF BUILDING CHARACTERISTICS AND MEASUREMENTS
PROVIDED TO THE SELLER BY THE BUYER. THOSE BUIDLING CHARACTERISTICS AND MEASUREMENTS HAVE NOT BEEN VERIFIED.
THE SUITABILITY OF ALL FINAL POSITIONS AND CONNECTIONS ARE THE RESPONSIBILITY OF THE PURCHASER AND SHOULD BE
11 of 17
APPROVED BY PURCHASER'S CONTRACTOR TO MEET ALL RELEVANT LEGAL CODES AND BEST PRACTICES. SELLER EXPRESSLY
DISCLAIMS SPECIFIC KNOWLEDGE OF THE BUYER’S BUILDING CHARACTERISTICS FOR SUPPORTING WEIGHT BEARING LOAD
REQUIREMENTS OF THE EQUIPMENT, AND THE DRAWINGS PROVIDED FOR HEREIN MAKE NO REPRESENTATIONS REGARDING THE
SUITABILITY OF THE LOCATION FOR THE WEIGHT BEARING LOADS CREATED BY THE EQUIPMENT OR THE PRODUCTS USED,
PRODUCED OR STORED BY THE EQUIPMENT. ANY CHANGES IN EQUIPMENT POSITION REQUIRED BY THE BUYER, OR BY THE
BUYER’S INTENDED USE OF THE EQUIPMENT AFTER THE DRAWING IS PROVIDED BY THE SELLER MAY RESULT IN INCREASED
INSTALLATION COSTS TO BUYER/OWNER.”
AGREED TO BY:
For and on Behalf of Purchasing Company
Printed Name (Authorized Representative)
Signature
Date
Title
For and on Behalf of: ABE Equipment
A Division of Norland International
Printed Name (Seller)
Title
RECEIVED BY: NORLAND INTERNATIONAL, INC.
DBA: ABE EQUIPMENT
Signature (Seller)
Date
5
12 of 17
3RD ANGLE
11'-8 18 "
11'-1 34 "
4'-9 58 "
4'-3 18 "
5'-2 12 "
250 GALLON STEAM BOIL KETTLE
4-PLATE COPPER COLUMN
FINAL CONDENSER
PARROT
3" SC DRAIN
3/4" FPTSTEAM OUT
3/4" FPTSTEAM IN
UNLESS OTHERWISE SPECIFIED:
Copyright AMERICAN BEER EQUIPMENT
THE INFORMATION CONTAINED IN THIS
DRAWING IS THE SOLE PROPERTY OF
NORLAND INTL. ANY REPRODUCTION
IN PART OR AS A WHOLE WITHOUT THE
WRITTEN PERMISSION OF NORLAND
INTL. IS PROHIBITED.
Drawing Filepath:
2001 SW 6TH ST. - Lincoln, NE - 68522 - (402) 441-3737
ABE BEVERAGE EQUIPMENTPROPRIETARY AND CONFIDENTIAL
SIZE: B
PART NO.:REV:
SCALE: 1:40 SHEET 1 OF 1
DRAWN DATE:
DRAWN BY:
DESCRIPTION:
MATERIAL:
MRD
03/08/22
V1.1
250 GALLON STEAM HYBRID STILL
\\NORSERV4\drive-k\Engineering Master\STILLS\250 Gallon Still\250 Gallon Hybrid\
DIMENSIONS ARE IN INCHESTOLERANCES:Fractions = 1/32".X = .05".XX = .01".XXX = .005"
LAST SAVED BY:LAST SAVED ON:Monday, March 7, 2022 7:44:28 PMhi
13 of 17
3RD ANGLE
4'-18 "
19'-9"
1'-1 34 "
1.5 SC MASH OUTLET
1.5 SC MASH INLET
QTY: 9, 20' LONG 1.5" ID TUBE WITH 2.5" OD COOLING JACKETS
KNOCK-OUT FOR COOLING 500 GALLONS OF WATER FROM 180°F TO 70°F IS 60 MINUTES, USING 55°F COOLING WATER
UNLESS OTHERWISE SPECIFIED:
Copyright AMERICAN BEER EQUIPMENT
THE INFORMATION CONTAINED IN THIS
DRAWING IS THE SOLE PROPERTY OF
NORLAND INTL. ANY REPRODUCTION
IN PART OR AS A WHOLE WITHOUT THE
WRITTEN PERMISSION OF NORLAND
INTL. IS PROHIBITED.
Drawing Filepath:
2001 SW 6TH ST. - Lincoln, NE - 68522 - (402) 441-3737
NORLAND INTERNATIONALPROPRIETARY AND CONFIDENTIAL
SIZE: B
PART NO.:REV:
SCALE: 1:32 SHEET 1 OF 1
DRAWN DATE:
DRAWN BY:
DESCRIPTION:
MATERIAL:
MRD
08/09/22
-
STAINLESS STEEL
TUBE IN TUBE HEAT EXCHANGER,9x 1.5"/2.5" 20' LONG TUBES
\\NORSERV4\drive-k\Engineering Master\MASH HOUSES\NINGBO TUBE IN TUBE HEAT EXCHANGER\
DIMENSIONS ARE IN INCHESTOLERANCES:Fractions = 1/32".X = .05".XX = .01".XXX = .005"
LAST SAVED BY:LAST SAVED ON:Tuesday, February 22, 2022 3:12:27 AMASUS
14 of 17
3RD ANGLE
LEVEL SIGHT GLASSTEMP GAUGE
18.88 BBL
15 BBL
4'-5 34 "
3'-11 12 "
ATM. VENT
LIFTING LUGS
1-/12" CIP ARM
LADDER HOOKS
MANWAY
1-1/2" SAN PORT
1-1/2" SAN PORT
STEAM PORTS
9'-1 12 "
6"
2'-7 34 "
2"
3/4" HOSE DRAIN
1-1/2" SAN PORT
RTD SENSOR
3/4" FPT PORT
3/4" FPT PORT
3/4" FPT PORT
3/4" FPT PORT
PUMP RECIRC.
OUTLET
NET EMPTY WEIGHT= 1,056 LBS
GROSS FULL WEIGHT= 6,050 LBS
REVISIONS
REV.DESCRIPTION DATE APPROVED
DIMENSIONS ARE IN INCHESTOLERANCES:Fractions = 1/32".X = .05".XX = .01".XXX = .005"
K:\Engineering Master\TANKS\HLT, STEAM\15BBL HLT\HLT, 15 BBL- STANDARD\
HOT LIQUOR TANK, 15 BBL
304 STAINLESS STEEL
05/14/20
JMS
MATERIAL:
DESCRIPTION:
DRAWN BY:
DRAWN DATE:
SHEET 1 OF 1SCALE: 1:26
REV:PART NO.:
SIZE: B
PROPRIETARY AND CONFIDENTIAL ABE BEVERAGE EQUIPMENT
2001 SW 6TH ST. - Lincoln, NE - 68522 - (402) 441-3737
Drawing Filepath:
THE INFORMATION CONTAINED IN THIS
DRAWING IS THE SOLE PROPERTY OF
NORLAND INTL. ANY REPRODUCTION
IN PART OR AS A WHOLE WITHOUT THE
WRITTEN PERMISSION OF NORLAND
INTL. IS PROHIBITED.
Copyright ABE BEVERAGE EQUIPMENT
UNLESS OTHERWISE SPECIFIED:
Administrator Wednesday, May 13, 2020 8:24:13 PMLAST SAVED ON:LAST SAVED BY:
15 of 17
3RD ANGLE
10 BBL
3.3 BBL
MANWAY
SAMPLE VALVETEMP GAUGE
1-1/2" SAN RACKING ARM
12 BBL
4'-1 12 "
3'-7 12 "
OPT. CARB STONE
8" HOP PORT
2" 30 PSI PVR
GLYCOL PORTS
8'-6 34 "
60.00°
5"
2'-5 34 "
1-1/2" OUTLET
3/4"FPT LOWER PORT FORUPPER GLYCOL JACKET
1/2" FPT THERMOWELL
1/2" FPT THERMOWELL
3/4"FPT UPPER PORT FORUPPER GLYCOL JACKET
3/4"FPT UPPER PORT FORLOWER GLYCOL JACKET
3/4"FPT UPPER PORT FORLOWER GLYCOL JACKET
1-1/2" SAN CIP ARM1-1/2" SAN BLOW
OFF ARM
NET EMPTY WEIGHT= 880 LBS
GROSS FULL WEIGHT= 4,228 LBS
GLYCOL JACKETS VOLUME= 7.223 GALLONS
REVISIONS
REV.DESCRIPTION DATE APPROVED
DIMENSIONS ARE IN INCHESTOLERANCES:Fractions = 1/32".X = .05".XX = .01".XXX = .005"
K:\Engineering Master\TANKS\FERMENTERS\10BBL FER\FERM, 10 BBL-STANDARD\
10BBL FERMENTATION TANK-STANDARD
304L STAINLESS STEEL
1/16/17
JMS
MATERIAL:
DESCRIPTION:
DRAWN BY:
DRAWN DATE:
SHEET 1 OF 1SCALE: 1:26
REV:PART NO.:
SIZE: B
PROPRIETARY AND CONFIDENTIAL ABE BEVERAGE EQUIPMENT
2001 SW 6TH ST. - Lincoln, NE - 68522 - (402) 441-3737
Drawing Filepath:
THE INFORMATION CONTAINED IN THIS
DRAWING IS THE SOLE PROPERTY OF
NORLAND INTL. ANY REPRODUCTION
IN PART OR AS A WHOLE WITHOUT THE
WRITTEN PERMISSION OF NORLAND
INTL. IS PROHIBITED.
Copyright ABE BEVERAGE EQUIPMENT
UNLESS OTHERWISE SPECIFIED:
LAST SAVED ON:LAST SAVED BY:
16 of 17
24.00020.000FOOT SWITCHLABELS110V POWER CORDCANTABLE HEIGHT 36"FOOT SWITCHLABELS110V POWER CORDCANTABLE HEIGHT 36"DATECODER110V POWER CORD47" TALL62" TALL24.00023.500SMART SHOT LABELERSMART SHOT LABELERWITH DATE CODER17 of 17