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AGREEMENT WITH TW ASSOCIATES INC. dba MISCOwater
FOR
TOTAL ORGANIC CARBON ANALYZERS
City of Glendale Solicitation No. IFB 22-21
This Agreement for Total Organic Carbon Analyzers ("Agreement") is effective and entered into between CITY OF
GLENDALE, an Arizona municipal corporation ("City"), and TW Associates Inc. dba MISCOwater, a California
Corporation, authorized to do business in Arizona, (the "Contractor"), as of the day of 7
20. k
RECITALS
A. City intends to undertake a project for the benefit of the public and with public funds that is more fully set
forth in Exhibit A, pursuant to Solicitation No. IFB 22-21 (the "Project");
B. City desires to retain the services of Contractor to perform those specific duties and produce the specific
work as set forth in the Project attached hereto;
CG City and Contractor desire to memorialize their agreement with this document.
AGREEMENT
In consideration of the Recitals, which are confirmed as true and correct and incorporated by this reference, the
mutual promises and covenants contained in this Agreement, and other good and valuable consideration, City and
Contractor agree as follows:
1, Key Personnel; Sub-contractors.
11 Services. Contractor will provide all services necessary to assure the Project is completed timely
and efficiently consistent with Project requirements, including, but not limited to, working in close
interaction and interfacing with City and its designated employees, and working closely with others,
including other contractors or consultants, retained by City.
1.2 Project Team.
a. Project Manager.
(1) Contractor will designate an employee as Project Manager with sufficient training,
knowledge, and experience to, in the City's option, complete the Project and
handle all aspects of the Project such that the work produced by Contractor is
consistent with applicable standards as detailed in this Agreement;
(2) The City must approve the designated Project Manager; and
(3) To assure the Project schedule is met, Project Manager may be required to devote
no less than a specific amount of time as set out in Exhibit A.
b. Project Team.
(1) The Project Manager and all other employees assigned to the project by
Contractor will comprise the "Project Team."
(2) Project Manager will have responsibility for and will supervise all other employees
assigned to the Project by Contractor.
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ici Discharge, Reassign, Replacement.
(4) Contractor acknowledges the Project Team is comprised of the same persons and
roles for each as may have been identified in the response to the Project's
solicitation.
(2) Contractor will not discharge, reassign or replace or diminish the responsibilities
of any of the employees assigned to the Project who have been approved by City
without City's prior written consent unless that person leaves the employment of
Contractor, in which event the substitute must first be approved in writing by City.
@) Contractor will change any of the members of the Project Team at the City's
request if an employee's performance does not equal or exceed the level of
competence that the City may reasonably expect of a person performing those
duties or if the acts or omissions of that person are detrimental to the
development of the Project.
d. Sub-contractors.
(1) Contractor may engage specific technical contractor (each a "Sub-contractor") to
furnish certain service functions.
(2) Contractor will remain fully responsible for Sub-contractor's services.
(6)) Sub-contractors must be approved by the City, unless the Sub-contractor was
previously mentioned in the response to the solicitation.
(4) Contractor shall certify by letter that contracts with Sub-contractors have been
executed incorporating requirements and standards as set forth in this Agreement.
2. Schedule. The services will be undertaken in a manner that ensures the Project is completed timely and
efficiently in accordance with the Project.
3. Contractor’s Work.
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3.2
3:3,
Standard. Conteactor must perform services in accordance with the standards of due diligence,
care, and quality prevailing among contractors having substantial experience with the successful
furnishing of setvices for projects that are equivalent in size, scope, quality, and other criteria under
the Project and identified in this Agreement.
Licensing. Contractor warrants that:
a. Contractor and Sub-contractors will hold all appropriate and required licenses, registrations
and other approvals necessary for the lawful furnishing of services ("Approvals"); and
b. Neither Contractor nor any Sub-conteactor has been debarred or otherwise legally
excluded from contracting with any federal, state, or local governmental entity
("Debarment").
(1) City is under no obligation to ascertain or confirm the existence or issuance of any
Approvals or Debarments or to examine Contractor's contracting ability.
(2) Contractor must notify City immediately if any Approvals or Debarment changes
during the Agreement's duration and the failure of the Contractor to notify City as
required will constitute a material default under the Agreement.
Compliance. Services will be furnished in compliance with applicable federal, state, county and
local statutes, rules, regulations, ordinances, building codes, life safety codes, and other standards
and criteria designated by City.
Contractor must not discriminate against any employee or applicant for employment on the basis
of race, color, religion, sex, national origin, age, marital status, sexual orientation, gender identity or
expression, genetic characteristics, familial status, U.S. military veteran status or any
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3.4
35
4.1
4.2
disability. Contractor will require any Sub-contractor to be bound to the same requirements as
stated within this section. Contractor, and on behalf of any subcontractors, warrants compliance
with this section.
Coordination: Interaction,
a. For projects that the City believes requires the coordination of various professional
services, Contractor will work in close consultation with City to proactively interact with
any other professionals retained by City on the Project ("Coordinating Project
Professionals").
b. Subject to any limitations expressly stated in the Project Budget, Contractor will meet to
review the Project, Schedule, Project Budget, and in-progress work with Coordinating
Project Professionals and City as often and for durations as City reasonably considers
necessary in order to ensure the timely work delivery and Project completion.
ici For projects not involving Coordinating Project Professionals, Contractor will proactively
interact with any other contractors when directed by City to obtain or disseminate timely
information for the proper execution of the Project.
Work Product.
a. Ownership. Upon receipt of payment for services furnished, Contractor grants to City,
and will cause its Sub-contractors to grant to the City, the exclusive ownership of and all
copyrights, if any, to evaluations, reports, drawings, specifications, project manuals,
surveys, estimates, reviews, minutes, all "architectural work" as defined in the United States
Copyright Act, 17 U.S.C § 101, ef seg., and other intellectual work product as may be
applicable ("Work Product").
(1) This grant is effective whether the Work Product is on paper (e.g., a "hard copy"),
in electronic format, or in some other form.
(2) Contractor warrants, and agrees to indemnify, hold harmless and defend City for,
from and against any claim that any Work Product infringes on third-party
proprietary interests.
b. Delivery. Contractor will deliver to City copies of the preliminary and completed Work
Product promptly as they are prepared.
c. City Use.
(4) City may reuse the Work Product at its sole discretion.
(2) In the event the Work Product is used for another project without further
consultations with Contractor, the City agrees to indemnify and hold Contractor
harmless from any claim arising out of the Work Product.
(3) In such case, City shall also remove any seal and title block from the Work
Product.
4. Compensation for the Project.
Compensation. Contractor's compensation for the Project, including those furnished by its Sub-
contractors will not exceed $141,884.54, plus an additional 8.1% tax of $11,492.65 making the total
purchase cost $153,337.19, as specifically detailed in Exhibit B (the "Compensation").
Change in Scope of Project. The Compensation may be equitably adjusted if the originally
contemplated scope of services as outlined in the Project is significantly modified.
a. Adjustments to the Compensation require a written amendment to this Agreement and
may require City Council approval.
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b Additional services which are outside the scope of the Project contained in this Agreement
may not be performed by the Contractor without prior written authorization from the City.
& Notwithstanding the incorporation of the Exhibits to this Agreement by reference, should
any conflict arise between the provisions of this Agreement and the provisions found in
the Exhibits and accompanying attachments, the provisions of this Agreement shall take
priority and govern the conduct of the parties.
5. Billings and Payment.
51 Applications.
a. Contractor will submit monthly invoices (each, a "Payment Application") to City's Project
Manager and City will remit payments based upon the Payment Application as stated
below.
b. The period covered by each Payment Application will be one calendar month ending on
the last day of the month or as specified in the solicitation.
5.2 Payment.
a. After a full and complete Payment Application is received, City will process and remit
payment within 30 days.
b. Payment may be subject to or conditioned upon City's receipt of:
(1) Completed work generated by Contractor and its Sub-contractors; and
(2 Unconditional waivers and releases on final payment from Sub-contractors as City
may reasonably request to assure the Project will be free of claims arising from
required performances under this Agreement.
53 Review and Withholding. City's Project Manager will timely review and certify Payment
Applications.
a. If the Payment Application is rejected, the Project Manager will issue a written listing of
the items not approved for payment.
b. City may withhold an amount sufficient to pay expenses that City reasonably expects to
incur in correcting the deficiency or deficiencies rejected for payment.
6. Termination.
6.1 For Convenience. City may terminate this Agreement for convenience, without cause, by
delivering a written termination notice stating the Effective Termination date, which may not be
less than 30 days following the date of delivery.
a. Contractor will be equitably compensated for Goods or Services furnished prior to receipt
of the termination notice and for reasonable costs incurred.
b. Contractor will also be similarly compensated for any approved effort expended and
approved costs incurred that are directly associated with project closeout and delivery of
the required items to the City.
6.2 For Cause. City may terminate this Agreement for cause if Contractor fails to cure any breach of
this Agreement within seven days after receipt of written notice specifying the breach.
a. Contractor will not be entitled to further payment until after City has determined its
damages. If City's damages resulting from the breach, as determined by City, are less than
the equitable amount due but not paid Contractor for Service and Repair furnished, City
will pay the amount due to Contractor, less City's damages, in accordance with the
provision of § 5.
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b: If City's direct damages exceed amounts otherwise due to Contractor, Contractor must pay
the difference to City immediately upon demand; however, Contractor will not be subject
to consequential damages of more than $1,000,000 or the amount of this Agreement,
whichever is greater.
Conflict. Contractor acknowledges this Agreement is subject to A.R.S. § 38-511, which allows for
cancellation of this Agreement in the event any person who is significantly involved in initiating,
negotiating, securing, drafting, or creating the Agreement on City's behalf is also an employee, agent, or
consultant of any other party to this Agreement.
Insurance.
8.1 Requirements. Contractor must obtain and maintain the following insurance ("Required
Insurance"):
a. Contractor and Sub-contractots. Contractor, and each Sub-contractor performing work or
providing materials related to this Agreement must procure and maintain the insurance
coverages described below (collectively referred to herein as the "Contractor's Policies"),
until each Party's obligations under this Agreement are completed.
b. General Liability.
(1) Contractor must at all times relevant hereto carry a commercial general liability
policy with a combined single limit of at least $1.000,000 per occurrence and
$2,000,000 annual aggregate for each property damage and contractual ptoperty
damage.
(2) Sub-contactors must at all times relevant hereto carry a general commercial liability
policy with a combined single limit of at least $1,000,000 per occurrence.
(3) This commercial general liability insurance must include independent contractors'
liability, contractual liability, broad form property coverage, XCU hazards if
requested by the City, and a separation of insurance provision.
(4) These limits may be met through a combination of primary and excess liability
coverage.
@ Auto. A business auto policy providing a liability limit of at least $1,000,000 per accident
for Contractor and $1,000,000 per accident for Sub-contractors and covering owned, non-
owned and hired automobiles.
d. Workers' Compensation and Employer's Liability. A workers' compensation and
employer's liability policy providing at least the minimum benefits required by Arizona law.
e. Notice of Changes. Contractor's Policies must provide for not less than 30 days’ advance
written notice to City Representative of:
(1) Cancellation or termination of Contractor or Sub-contractor's Policies;
(2) Reduction of the coverage limits of any of Contractor or and Sub-contractor's
Policies; and
(3) Any other material modification of Contractor or Sub-contractot's Policies related
to this Agreement.
f. Certificates of Insurance.
(1) Within 10 business days after the execution of the Agreement, Contractor must
deliver to City Representative certificates of insurance for each of Contractor and
Sub-contractor's Policies, which will confirm the existence or issuance of
Contractor and Sub-contractor's Policies in accordance with the provisions of this
section, and copies of the endorsements of Contractor and Sub-contractot's
Policies in accordance with the provisions of this section.
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(2) City is and will be under no obligation either to ascertain or confirm the existence
or issuance of Contractor and Sub-contractor's Policies, or to examine Contractor
and Sub-contractor’s Policies, or to inform Contractor or Sub-contractor in the
event that any coverage does not comply with the requirements of this section.
(3) Contractor's failure to secure and maintain Contractor Policies and to assure Sub-
contractor policies as required will constitute a material default under the
Agreement.
Other Contractors or Vendors.
(1) Other contractors or vendors that may be contracted with in connection with the
Project must procure and maintain insurance coverage as is appropriate to their
particular contract.
(2) This insurance coverage must comply with the requirements set forth above for
Contractor's Policies (e.g., the requirements pertaining to endorsements to name
the parties as additional insured parties and certificates of insurance).
Policies. Except with respect to workers' compensation and employer's liability coverages,
City must be named and properly endorsed as additional insureds on all liability policies
required by this section.
(1) The coverage extended to additional insureds must be primary and must not
contribute with any insurance or self insurance policies or programs maintained by
the additional insureds.
(2) All insurance policies obtained pursuant to this section must be with companies
legally authorized to do business in the State of Arizona and reasonably acceptable
to all parties.
8.2 Sub-contractors.
a.
Contractor must also cause its Sub-contractors to obtain and maintain the Required
Insurance.
City may consider waiving these insurance requirements for a specific Sub-contractot if
City is satisfied the amounts required are not commercially available to the Sub-contractor
and the insurance the Sub-contractor does have is appropriate for the Sub-contractor's
work under this Agreement.
Contractor and Sub-contractors must provide to the City proof of the Required Insurance
whenever requested.
8.3 Indemnification.
a.
To the fullest extent permitted by law, Contractor must defend, indemnify, and hold
harmless City and its elected officials, officers, employees and agents (each, an
"Indemnified Party," collectively, the "Indemnified Parties"), for, from, and against any and
all claims, demands, actions, damages, judgments, settlements, personal injury (including
sickness, disease, death, and bodily harm), property damage (including loss of use),
infringement, governmental action and all other losses and expenses, including attorneys’
fees and litigation expenses (each, a "Demand or Expense"; collectively, "Demands or
Expenses") asserted by a third-party (i.e. a person or entity other than City or Contractor)
and that arises out of or results from the breach of this Agreement by the Contractor or
the Contractor's negligent actions, errors or omissions (including any Sub-contractor or
other person or firm employed by Contractor), whether sustained before or after
completion of the Project.
This indemnity and hold harmless provision applies even if a Demand or Expense is in
part due to the Indemnified Party's negligence or breach of a responsibility under this
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10.
11.
Agreement, but in that event, Contractor shall be liable only to the extent the Demand or
Expense results from the negligence or breach of a responsibility of Contractor ot of any
petson or entity for whom Contractor is responsible.
os Contractor is not required to indemnify any Indemnified Parties for, from, or against any
Demand or Expense resulting from the Indemnified Party's sole negligence or other fault
solely attributable to the Indemnified Party.
E-verify, Records and Audits. To the extent applicable under A.R.S. § 41-4401, the Contractor warrant
their compliance and that of its subcontractors with all federal immigration laws and regulations that relate
to their employees and compliance with the E-verify requirements under A.R.S. § 23-214(A). The
Contractor or subcontractor’s breach of this warranty shall be deemed a material breach of the Agreement
and may result in the termination of the Agreement by the City under the terms of this Agreement. The City
retains the legal right to randomly inspect the papers and records of the other party to ensure that the other
patty is complying with the above-mentioned warranty. The Contractor and subcontractor warrant to keep
their respective papers and records open for random inspection during normal business hours by the other
party. The parties shall cooperate with the City’s random inspections, including granting the inspecting party
entry rights onto their respective properties to perform the random inspections and waiving their respective
rights to keep such papers and records confidential.
No Boycott of Israel. To the extent ARS § 35-393 through § 35-393.03 are applicable, the parties hereby
certify that they are not currently engaged in, and agree for the duration of the Agreement to not engage in,
a boycott of goods or services from Israel, as that term is defined in A.R.S § 35-393.
Attestation of PC] Compliance. When applicable, the Contractor will provide the City annually with a
Payment Card Industry Data Security Standard (PCI DSS) attestation of compliance certificate signed by an
officer of Contractor with oversight responsibility.
Notices.
121 A notice, request or other communication that is required or permitted under this Agreement (each
a "Notice") will be effective only if:
a. The Notice is in writing; and
b. Delivered in person or by overnight courier service (delivery charges prepaid), certified or
registered mail (return receipt requested); and
c Notice will be deemed to have been delivered to the person to whom it is addressed as of
the date of receipt, if:
(1) Received on a business day, or before 5:00 p.m., at the address for Notices
identified for the Party in this Agreement by U.S. Mail, hand delivery, or overnight
courier service on or before 5:00 p.m.; or
(2) As of the next business day after receipt, if received after 5:00 p.m.
d. The burden of proof of the place and time of delivery is upon the Party giving the Notice;
and
e Digitalized signatures and copies of signatures will have the same effect as original
signatures.
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14.
12.2 Representatives.
a. Contractor. Contractor's representative (the "Contractor's Representative") authorized to
act on Contractor's behalf with respect to the Project, and his or her address for Notice
delivery is:
TW Associates Inc. dba MISCOwater
c/o Stefen Oreshkov
4670 S. Ash Avenue #103
Tempe, AZ 85282
b. City. City's representative ("City's Representative") authorized to act on City's behalf, and
his or her address for Notice delivery is:
City of Glendale
c/o Connie Schneider
5850 W. Glendale Avenue #317
Glendale, Arizona 85301
623-930-2868
With required copy to:
City Manager City Attorney
City of Glendale City of Glendale
5850 West Glendale Avenue 5850 West Glendale Avenue
Glendale, Arizona 85301 Glendale, Arizona 85301
iS Concurrent Notices.
(1) All notices to City's representative must be given concurrently to City Manager
and City Attorney.
(2) A notice will not be deemed to have been received by City's representative until
the time that it has also been received by City Manager and City Attorney.
(3) City may appoint one or more designees for the purpose of receiving notice by
delivery of a written notice to Contractor identifying the designee(s) and their
respective addresses for notices.
d. Changes. Contractor or City may change its representative or information on Notice, by
giving Notice of the change in accordance with this section at least ten days prior to the
change.
Financing Assignment. City may assign this Agreement to any City-affiliated entity, including a non-
profit corporation or other entity whose primary purpose is to own or manage the Project.
Entire Agreement; Survival; Counterparts; Signatures.
14.1 Integration. This Agreement contains, except as stated below, the entire agreement between City
and Contractor and supersedes all prior conversations and negotiations between the parties
regarding the Project or this Agreement.
a. Neither Party has made any representations, warranties or agreements as to any matters
concerning the Agreement's subject matter.
b. Representations, statements, conditions, or warranties not contained in this Agreement will
not be binding on the parties.
c: ‘The solicitation, any addendums and the response submitted by the Contractor are
incorporated into this Agreement as if attached hereto. Any Contractor response modifies
the original solicitation as stated. Inconsistencies between the solicitation, any addendums
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15.
16.
17.
14.2
14.3
14.4
14.5
14.6
14.7
Term.
15.1
15.2
and the response or any excerpts attached as Exhibit A and this Agreement will be
resolved by the terms and conditions stated in this Agreement.
Interpretation.
a. The parties fairly negotiated the Agreement's provisions to the extent they believed
necessary and with the legal representation they deemed appropriate.
b. The parties are of equal bargaining position and this Agreement must be construed equally
between the parties without consideration of which of the parties may have drafted this
Agreement.
CI The Agreement will be interpreted in accordance with the laws of the State of Atizona.
Survival. Except as specifically provided otherwise in this Agreement, each warranty,
representation, indemnification and hold harmless provision, insurance requirement, and every
other right, remedy and responsibility of a Party, will survive completion of the Project, or the
earlier termination of this Agreement.
Amendment. No amendment to this Agreement will be binding unless in writing and executed by
the parties. Any amendment may be subject to City Council approval. Electronic signature blocks
do not constitute execution.
Remedies. All rights and remedies provided in this Agreement are cumulative and the exercise of
any one or more right or remedy will not affect any other rights or remedies under this Agreement
or applicable law.
Severability. If any provision of this Agreement is voided or found unenforceable, that
determination will not affect the validity of the other provisions, and the voided or unenforceable
provision will be deemed reformed to conform to applicable law.
Counterparts. This Agreement may be executed in counterparts, and all counterparts will together
comprtise one instrument.
Renewals. The term of this Agreement commences upon the effective date and continues for a one
(1)-year initial period. There are no automatic renewals of this Agreement.
Extension for Procurement Process. Upon the expiration of the Term of this Agreement, including
the initial term and any renewals, at the City’s sole discretion, this Agreement may be extended on a
month-to-month basis for a maximum of six (6) months to allow for the City to complete its
procurement process to select a vendor to provide the services /materials similar to those provided
under this Agreement. The City will notify the Contractor in writing of its intent to extend the
Agreement at least thirty (30) calendar days prior to the expiration of the Term. Any extension
provided under this subsection will continue under the same terms and conditions as in effect
immediately prior to the expiration of the then-current term.
Dispute Resolution. Any controversy or claim arising out of or relating to this contract, or the breach
thereof, shall be settled by arbitration administered according to the American Arbitration Association’s
Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any
court having jurisdiction thereof.
Cooperative Use of Contract. This agreement may be extended for use by other governmental agencies
and political subdivisions of the State. Any such usage by other entities must be in accord with the
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18.
ordinances, charter, rules and regulations of the respective entity and the approval of the Contractor and
City. For a list of SAVE members, click on the following link:
hitp://www.mesaaz.gov /business/purchasing/save
Exhibits. The following exhibits, with reference to the term in which they are first referenced, are
incorporated by this reference.
Exhibit A Project
Exhibit B Compensation
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The parties enter into this Agreement as of the Effective Date shown above.
City of Glendale,
an Arizona municipal corporation
By: Kevin R. Phelps
Its: City Manager
ATTEST:
Julie K. Bower
City Clerk (SEAL)
APPROVED AS TO FORM:
Michael D. Bailey
City Attorney
TW Associates Inc. dba MISCOwater,
a California Corporation
By “Ecce CNAs
==
4729/2021
On the following pages.
EXHIBIT A
TOTAL ORGANIC CARBON ANALYZERS
City of Glendale Solicitation No. IFB 22-21
PROJECT
EXHI6)T-A
| CITY OF GLENDALE
| SOLICITATION NUMBER: IFB 22-21/ 42200016 | _ Procurement Division
| Os TOTAL ORGANIC CARBON ANALYZERS _| 5850 West Glendale Avenue,
Giendale Glendale, Arizona 85301
1. INTRODUCTION
The City of Glendale, Arizona (City) is requesting bids from qualified vendors for the purchase
and installation of Total Organic Carbon (TOC) Analyzers for monitoring the water quality
of raw and treated water at three water treatment facilities. The resulting Agreement shall
provide for all materials in this contract. Unit pricing shall be firm include the cost of freight
and all other associated direct or indirect costs, excluding taxes.
2. GENERAL SPECIFICATIONS
It is the intent of the City to purchase three (3) Total Organic Carbon (TOC) Analyzers.
The TOC analyzers should include the analyzer, an auto-sampler, a compatible
operating software program, and a desktop personal computer. The analyzer, auto-
sampler, and operating software program shall be made by a single manufacturer and be
compatible with each other. Installation, commission, and training services shall be
included in the bid. The analyzer shall not rely on compressed gas to operate and shall
be solely electrically powered.
A list of frequently used reagents and parts must be provided. Cost of reagents and parts
for one year, based on four uses a week and 12 samples each use, and respective change-
out frequency shall be included in the bid.
All equipment bids shall be new and the latest production model. Brochures and/or
specification literature clearly describing the unit(s) and verifying that the unit(s) meet or
exceed the requirements of this specification should accompany each bid proposal.
Warranty and delivery information should be provided with the bid proposal. Bid must
include comprehensive 12-month warranty after installation. During a standard
warranty period or for any extended warranty no deductibles, upcharges, overtime,
mileage, freight or charges for parts and service shall be charged to the City of Glendale
pertaining to warranty repairs.
All equipment shall also meet the following specifications:
SPECIFICATIONS:
TOC Analyzer
Shall be portable and not rely on compressed gas to operate. Shall be suitable for
analyses of potable water samples. Shall include integrated inorganic carbon remover,
reagent containers, an accessory kit, and 12- month factory warranty.
Range: 4 ppb to 50 ppm
Precision: < 1% Relative
Standard Deviation
Accuracy: + 2% or + 0.5 ppb,
EXArbit-A
SOLICITATION NUMBER: IFB 22-21/ 42200016
S TOTAL ORGANIC CARBON ANALYZERS
Glendale
CITY OF GLENDALE
Procurement Division
5850 West Glendale Avenue,
Suite 317
Glendale, Arizona 85301
whichever is greater
Calibration: Factory pre-
calibrated
Reaction Mechanism: Ultraviolet
light and persulfate Detection
Method: Membrane
conductometric detection Sample
Type: Autosampler and grab
sample
Sample Temperature: 5-95 °C (41-203 °F)
Ambient Temperature:
5-40 °C (41-104 °F)
Flow Rate: 0.5 mL/min;
Auto-reagent feature
Outputs: USB device port (1), USB host
ports (3); Ethernet Display: 7” WVGA
800x480 pixel, Color LCD with touch-
screen Power: 100 - 240 V~, 50 — 60 Hz,
100 VA
Certifications: ETL, CE
Auto-Sampler
Shall be compatible with the analyzer. Shall include needle, needle tubing, probe
guide, USB cables, and power cord. Capacity: 63 sample positions plus 6 standard
positions Racks: 3 plus a standard rack
Sample Vial Volume: 40 mL
Power Supply: 100-240 VAC, 160 VA, 50-60 Hz
Certifications: CE
Operating Software Program
Shall be compatible and integrated into the analyzer and auto-sampler with touch screen
capabilities as mentioned in the analyzer specifications
Shall be compatible with Microsoft Windows 10
computer operating systems Shall automatically
generate CSV file once analysis sequency is completed
3. QUALIFICATION REQUIREMENTS
The Seller shall provide the following information for qualification with their Bid:
A. Proof that the analyzer was manufactured by an established manufacturer of
this type of instrument who has had at least 10 years’ experience in successfully
manufacturing this or similar type of instruments.
B. Seller shall provide necessary technical support either in person or remotely to
troubleshoot the instrument within 24 hours of notice.
EX #1} BTA
CITY OF GLENDALE
GS SOLICITATION NUMBER: IFB 22-21/ 42200016 Procurement Division
~
TOTAL ORGANIC CARBON ANALYZERS _ | 5850 a een Avenue,
Giendale Glendale, Arizona 85301
C. Seller shall provide at least three references
4. QUANTITIES
The quantities referenced in this solicitation are estimates ONLY and are to be used for
information purposes only. No commitment of any quantity is made during this contract
5. DELIVERY
All shipments must be securely packed. Seller shall use the best industry practice when
packing the finished product for transportation to the plant. The sellers must protect the
product from any damage during shipment. City personnel will inspect the shipment
upon its arrival and may reject the shipment if it is found to be damaged.
All shipments will be accompanied by the following:
Shipping Manifest/Bill of Lading
User’s Manuals and Installation Guides
List of Spare Parts and Consumables
Calibration Standards
Certificate of Analysis
Safety Data Sheet (SDS)
Certificate of Compliance with USEPA Method 415.3Installation shall be
completed by the awarded contractor at the three water treatment facilities.
me AAS
Delivery will be to the City’s three water treatment plants:
Oasis Water Campus
Pyramid Peak Water Treatment Plant
Cholla Water Treatment Plant
EXHIBL
ae | ap ay uyeu rs | CITYOFGLENDALE |
= SOLICITATION NUMBER: IFB 22-21/ 42200016 | _ Procurement Division
Cc TOTAL ORGANIC CARBON ANALYZERS | 5850 bile eared Avenue,
ute
Glendale Glendale, Arizona 85301
6. OFFER SHEET (Must be printed, signed and returned)
Offeror certifies that they have read, understand, and will fully and faithfully comply with this solicitation, its
attachments and any referenced documents, Offeror also certifies that the prices offered were independently
ieviaee without ee sein of the other Offerors or potential Offerors.
Lar Sa use [21 ey
Authorized Signature Date
[4 a edn we TW Associates LLC dba MISCOwater
Printed Name (Authorized Signatory) Legal Company Name
a ;
¢ ) fh £é. LV /. era Cy Offeror Certifies it is a (check only one):
Job Title qd O Proprietorship [J Partnership BA Corporation
SOE LOVE Misco Ofer 4eo7o S Ash Awe #7523
Email Address +26 Mailing Address
YO WS PY Tecage. #2 § S282
Phone Number City, State & Zip Code
Questions regarding this offer should be directed to (if different from above):
Ske ha Ovreshkoy YWOUSHYO — <dveshbov@ wus cowafer
Contact Name Phone Number Email Address COW;
FEDERAL TAXPAYER ID NUMBER (Required): 94-2317088
OFFEROR IS A MINORITY OR WOMEN OWNED BUSINESS: [1] Yes [J No
DO YOU HAVE AN ARIZONA TRANSACTION PRIVILEGE TAX (TPT) LICENSE?
[4] Yes, Number ___*_ Tax Rate: 8.19% OR [] No, not required to have an Arizona TPT License
* 07647718-M
CONFLICT OF INTEREST (SPECIAL NOTICES):
[X] No, I do not have a conflict of interest
0 Yes, I have a conflict of interest and response includes the disclosure required (see Exhibit 1, Item #3)
ACKNOWLEDGEMENTS:
By signing this Offer Sheet and submitting the accompanying solicitation response, Offeror is certifying that they have
read, understand, and agree to comply with all required terns and conditions provided in the EXHIBITS PACKAGE
and checked off below. Failure to provide this acknowledgement will result in disqualification.
LX Exhibit 1- Special Terms & Conditions [X] Exhibit 2 -— Special Instructions LX] Exhibit 3 - Sample
Agreement
FA
S
Giendale
SOLICITATION NUMBER: IFB 22-21/ 42200016
TOTAL ORGANIC CARBON ANALYZERS
CITY OF GLENDALE
Procurement Division
5850 West Glendale Avenue,
Suite 317
Glendale, Arizona 85301
qe
BIDDING SCHEDULE
See the attached document Titled IFB 22-21 Bid Sheet - Bidders are requested to bid in a
quantity of one (1) unless otherwise indicated. Bidders shall thoroughly complete the Price
Sheet as requested. The Unit Price shall include, but is not limited to, shipping, labor,
equipment, tools, materials, supplies, licenses, fees, insurance, profit, and any other associated
direct or indirect costs. Sales tax shall not be included in the Unit Price.
Item
Description
Estimated
Quantity
Unit Cost
Extended | Manufacturer
Cost & Model
Number
Total Organic Carbon Analyzer,
Suez M5310 C Lab TOC
Analyzer, ICR. Product # PRD
77120-01 or Acceptable
Equivalent
$28,201.00
$84,603.00 | PRD 77120-0121
Auto-Sampler, Suez M-Series
Auto-sampler. Product # PRD
77001-01 or Acceptable
Equivalent
$13,266.00
$39,798.00} PRD 77001-0121
Operating Software
per attached Technical
Specifications
Installation, Start-up & Training
Services
$8100.00
$8100.00 |SER 7014-01
Annual Reagents &
Replacement Parts (Include a
justification & cost breakdown,
approximately 60 samples per
week, 52 weeks per year)
$18,440.00
$18,440.00 | See Attached
TOTAL COST NOT TO EXCEED:
(All costs must be included or your Bid will be disqualified)
$150,941.00
On December 6, 2021, MISCOwater agreed to honor the 6% discount on their submitted pricing making
the total purchase $141,884.54 before the 8.1% tax is applied.
EX H'8)T-A
es Manufacturer part ' Total for All
Description at bee Annual Duration three analyzers
Acid Reagent Cartridge APF 90310-02 Change Every Six Months 6
Oxidizer Reagent Cartridge APF 90300-02 Change Every Three Months 12
UV Lamp ARK 35010-01 Change Every Six Months 6
Pump Heads APK 77207-02 Change Annually 3
Resin Column APK 77250-01 Change Annually 3
Water Technologies & Solutions
ready for the resource revolution @D”) SUeC2e
Athi ba
Process Optimization and
Regulation Compliance with Ease
Sievers* M5310 C Total Organic Carbon [TOC] Analyzers
are designed specifically for the drinking water industry.
Monitoring organic matter at drinking water treatment
facilities can help plant operators understand changes
in water quality and make informed decisions about
treatment processes. Designed to minimize operator
intervention, the M5310 C Analyzers offer cost-effective,
reliable measurements—enabling process optimization
and regulation compliance with ease.
we've got you covered
For both raw and finished water monitoring, the M5310
C promises peace of mind when measuring organics
at treatment plants or within distribution systems.
M5310 C Analyzers recover difficult-to-oxidize organic
compounds, such as humic acid, and detect organics
of all molecular weights and chemical structures,
including complex aromatics.
The analyzers are compliant with Standard Methods
5310 C and US EPA 415.3 using UV persulfate oxidation
with membrane conductivity detection. The innovative
Membrane Conductometric Detection technology has
proven to be an extremely reliable method for measuring
TOC and delivers unmatched stability. Calibration is
recommended for M5310 C Analyzers just once per
year and can easily be conducted on-site. In addition,
utilization of the analyzers supports compliance with
Disinfectants and Disinfection Byproducts (DBP) Rules
through automatic calculations of TOC % removal for
influent and effluent streams or samples. TOC analysis
at water treatment facilities is quick and easy with
the M5310 C and can help optimize chemical dosing
for coagulation, flocculation, and other processes,
ultimately leading to cost savings and avoidance of
costly repairs.
quick to set up, easy to use and maintain
e Pre-calibrated for simple installation —no warm up
periods or high temperature operation
e No need for special training to set up, operate, or
maintain
e Minimal maintenance — typically just a few hours
per year
e Modular design for quick consumables replacement
e Online and portable models now with IP-45 and |IP-21
enclosure ratings, respectively
4
e Self-contained with small footprint and internal
reagent packs — no external chemicals, catalysts, or
gas supplies required
e Easy data communications — export or collect data
via USB, 4-20 mA, or Modbus TCP/IP outputs
Membrane Conductometric Detection technology
delivers unmatched stability, preventing significant drift
over time. The recommended calibration for M5310 C
is just once per year and can easily be conducted on-
site. In contrast, TOC Analyzers that use non-dispersive
infrared (NDIR) detection may require weekly or even
daily calibration.
Fe
optional accessories and configurations
e The Two-Stream Inlet configuration for the M5310
C On-Line Analyzer enables automatic sampling of
influent and treated water with adjustable reagent
flow rates for each stream. One stream can be
dedicated to raw water and another to finished water
for DBP Rule monitoring.
A unique Integrated On-Line Sampling [i0S) system
conveniently allows standards or grab samples to be
introduced without removing the instrument from the
continuous sample source or changing the sample
inlet configuration.
A Raw Water Sampler Kitis available in place of the iOS
system to provide online handling of complex water
matrices without the need for pre-filtration. The Raw
Water Sampler improves ease of measurement of
influent and effluent water streams when used with
the two-stream inlet configuration and handles grab
samples without changing sample inlet configuration
or removing the instrument from the continuous
sample source.
The high-capacity Autosampler enables 24+ hours
of unattended sample analysis (63 or 120 sample-
position capacity) with either the M5310 C Portable or
Laboratory Analyzers.
DataPro2 software integrates the Autosampler with
the M5310 C Laboratory and Portable Analyzers,
providing timesaving features to maximize
productivity and ensure easy TOC data management.