ICP-OES Spectrometer System

SCOPE

The Lake County Water Authority is seeking a fully automated inductively coupled argon plasma atomic emission spectrometer (hereinafter "ICP") system capable of precisely and accurately determining the concentrations of elements in a variety of sample matrices, including but not limited to industrial wastewaters, surface waters, groundwater and drinking water.

Firms interested shall review and submit Technical Requirements for review with proposal, and include proposed product information with sufficient detail.

CONTRACTOR RESPONSIBILITIES

2.1. Provide all-inclusive quote to provide 100% turnkey project that includes the delivery, installation, and training of ICP system, that includes maintenance, repairs, installation, software upgrades and all associated components of the system.

2.2. Include travel time, trip charges, and delivery charges. Change orders shall not be issued for incidental items or tasks that should have been reasonably construed to be part of the project by the Contractor.

2.3. Comply with all current applicable federal, state, and local rules, regulations, permits, codes, and ordinances which govern the system.

COUNTY RESPONSIBILITIES

As stated in Exhibit C.

The County reserves the right to inspect or test any goods delivery for compliance with contract specifications. If any goods or services are found to be defective, non-conforming, or otherwise inconsistent with the contract requirements, County may, at its discretion, termination the contract for cause or require corrective action by Contractor. Such corrective action may include return and replacement of non-compliant goods or the issuance of a full credit by Contractor. All costs associated with corrective action, including return shipping or replacement, shall be borne by Contractor.

County will not be responsible for payment for any goods or services that fail to meet contract specifications. In addition, if Contractor fails to deliver acceptable goods or services by the date specified in a purchase order or contract, County may procure the required goods or services from another source. Any cost incurred by County because of such re-procurement, plus any increased product or service cost as well as administrative or handling costs, shall be charged to the Contractor and may be withheld from any amounts otherwise owed to the Contractor.

In no event shall County be liable for payment exceeding the quantity or value of goods or services actually delivered and accepted under the contract.

"EQUAL" PRODUCT CANNOT BE CONSIDERED

If a product or service requested by COUNTY has been identified in the specifications by a brand name and has not been notated as a "No Substitute" item, such identification is intended to be descriptive and not restrictive and is to indicate the quality and characteristics of product or service that will be acceptable. If CONTRACTOR offers an alternate product or service for consideration, such product must be clearly identified by CONTRACTOR to COUNTY. COUNTY will decide whether the alternate meets the salient characteristics of the specifications. An alternate product will not be considered for any item notated "No Substitute."

Unless CONTRACTOR clearly indicates in its response that it is proposing an alternate product, the response will be considered as offering the same brand name referenced in the specifications. If CONTRACTOR proposes to furnish an alternate product or service, the brand name of the product or service to be furnished will be clearly identified. The evaluation of the alternate and the determination on acceptability of the alternate product or service will be the responsibility of COUNTY and will be based upon information furnished by CONTRACTOR. COUNTY will not be responsible for locating or securing any information which is not included in CONTRACTOR'S response. To ensure that sufficient information is available, CONTRACTOR shall furnish as part of the proposal all descriptive material by providing the manufacturer specification sheets so COUNTY can make an informed determination whether the product offered meets the salient characteristics required by the specifications.

DELIVERY REQUIREMENTS AND ACCEPTANCE.

As stated in Exhibit C, Shipping Terms, F.O.B. Destination.

Delivery shall be made within thirty (30) calendar days after receipt of Purchase Order.

WARRANTY REQUIREMENTS

As stated in Exhibit C.

All fees incurred to correct the deficiencies shall be at the Contractor's expense.

The Contractor shall warrant its product and/or services against faulty labor and/or defective materials for a minimum of one (1) year from date of acceptance.

All fees incurred to correct the deficiencies shall be at the Contractor's expense.

All warranties will begin on the date of COUNTY'S acceptance which will be the date final payment is issued to CONTRACTOR and will last for a period of 12 months unless otherwise specified in the Scope of Services, technical requirements or specifications. CONTRACTOR will obtain and assign to COUNTY all express warranties given to CONTRACTOR or any subcontractors by any material suppliers, equipment, or fixtures to be incorporated.

CONTRACTOR warrants to COUNTY that any materials and equipment furnished under the Agreement Documents will be new unless otherwise specified, and that all work will be of good quality, free from defects and in conformance with the Agreement Documents. CONTRACTOR warrants to COUNTY that all materials and equipment furnished under the Agreement Documents will be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers, or processors except as otherwise provided for the agreement documents. This warranty requirement will remain in force for the full period identified above, regardless of whether CONTRACTOR is still under agreement at the time of the defect. These warranties are in addition to those implied warranties to which COUNTY is entitled as a matter of law.

CONTRACTOR will be responsible for promptly correcting any deficiency, at no cost to COUNTY, within five (5) calendar days after COUNTY notifies CONTRACTOR of such deficiency in writing. If CONTRACTOR fails to honor the warranty or fails to correct or replace the defective work or items within the period specified, COUNTY may, at its discretion, notify CONTRACTOR in writing that CONTRACTOR may be debarred as a COUNTY vendor, and become subject to contractual default if the corrections or replacements are not completed to the satisfaction of COUNTY within five calendar days of receipt of the notice. If CONTRACTOR fails to satisfy the warranty within the period specified in the notice, COUNTY may (a) place CONTRACTOR in default of its agreement and (b) procure the products or services from another source and charge CONTRACTOR for any additional costs that are incurred by COUNTY for this work or items, either through a credit memorandum or through invoicing.

[End of Exhibit A.]