RFP 23-29 Solicitation Agreement_Signed

City of Glendale — Regular Meeting (2023-05-23)

Extracted text (via pymupdf) 56531 characters

- 1 -
4/29/2021
C
AGREEMENT FOR
GAS CHROMATOGRAPH MASS SPECTROMETER
City of Glendale/Solicitation No. RFP 23-29
This Agreement for Gas Chromatograph Mass Spec ("Agreement") is effective and entered into between CITY OF
GLENDALE, an Arizona municipal corporation ("City"), and Agilent Technologies, Inc., a Deleware corporation`,
authorized to do business in Arizona, (the "Contractor"), as of the _____ day of ____________, 2023.
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. RFP 23-29 (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;
C.
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.
1.1
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.
c.
Discharge, Reassign, Replacement.
(1)
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 -
4/29/2021
(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.
(3)
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.
(3)
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.
3.1
Standard. Contractor 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 services for projects that are equivalent in size, scope, quality, and other criteria under
the Project and identified in this Agreement.
3.2
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-contractor 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.
3.3
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 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.

- 3 -
4/29/2021
3.4
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.
c.
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.
3.5
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, et seq., 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.
(1)
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.
4.1
Compensation. Contractor's compensation for the Project, including those furnished by its Sub-
contractors will not exceed $197,871.00, as specifically detailed in Exhibit B (the "Compensation").
4.2
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.
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.
c.
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

- 4 -
4/29/2021
the Exhibits and accompanying attachments, the provisions of this Agreement shall take
priority and govern the conduct of the parties.
5.
Billings and Payment.
5.1
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.
5.3
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.
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.

- 5 -
4/29/2021
7.
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.
8.
Insurance.
8.1
Requirements. Contractor must obtain and maintain the following insurance ("Required
Insurance"):
a.
Contractor and Sub-contractors. 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 property
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.
c.
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-contractor'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-contractor's
Policies in accordance with the provisions of this section.
(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.

- 6 -
4/29/2021
(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.
g.
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).
h.
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.
b.
City may consider waiving these insurance requirements for a specific Sub-contractor 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.
c.
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.
b.
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
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 or of any
person or entity for whom Contractor is responsible.

- 7 -
4/29/2021
c.
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.
9.
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
party 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.
10.
No Boycott of Israel. To the extent A.R.S § 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.
11.
Attestation of PCI 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.
12.
Notices.
12.1
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.
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:
Agilent Technologies, Inc.
c/o Elaine Jones
2850 Centervill Road
Wilmington, DE 19808
b.
City. City's representative ("City's Representative") authorized to act on City's behalf, and
his or her address for Notice delivery is:

- 8 -
4/29/2021
City of Glendale
c/o Anne Shadle
5850 W Glendale Ave.
Glendale, Arizona 85301
623-930-2864

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
c.
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.
13.
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.
14.
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
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.
14.2
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.
c.
The Agreement will be interpreted in accordance with the laws of the State of Arizona.

- 9 -
4/29/2021
14.3
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.
14.4
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.
14.5
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.
14.6
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.
14.7
Counterparts. This Agreement may be executed in counterparts, and all counterparts will together
comprise one instrument.
15.
Term.

15.1
Renewals. The term of this Agreement commences upon the effective date and continues for a one

(1)-year initial period. The City may, at its option and with the approval of the Contractor, extend

the term of this Agreement an additional four (4) years, renewable on an annual basis. Contractor

will be notified in writing by the City of its intent to extend the Agreement period at least thirty

(30) calendar days prior to the expiration of the original or any renewal Agreement period. Price

adjustments will only be reviewed during the Agreement renewal period and any such price

adjustment will be a determining factor for any renewal. There are no automatic renewals of this

Agreement.

15.2
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.
16.
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.
17.
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
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:
http://www.mesaaz.gov/business/purchasing/save
18.
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

EXHIBIT A
GAS CHROMATOGRAPH MASS SPECTROMETER
PROJECT
Contractor to provide the City's Water Quality Laboratory with a Gas Chromatograph/Mass Spectrometer with a
fully integrated Autosampler which performs Solid Phase Micro-Extraction (SPME) in both liquid and headspace.
This equipment will be integrated with the current Laboratory Information Management System and current in-
house instrument systems.

City of Glendale
Solicitation Number: RFP 23-29 / 42300039
GAS CHROMATOGRAPH MASS SPECTROMETER

CITY OF GLENDALE
Procurement Division
5850 West Glendale Avenue,
Suite 317
Glendale, Arizona 85301

3
rev. 12.11.2020

1.
INTRODUCTION
The City of Glendale (City) is soliciting Requests for Proposal from a qualified firms
(Contractor) to provide the City’s Water Quality Laboratory with a Gas
Chromatograph/Mass Spectrometer (GC/MS) with a fully integrated Autosampler
which performs SPME (Solid Phase Micro-Extraction) in both liquid and headspace.
This equipment will be integrated with the current Laboratory Information
Management System and current in-house instrument systems.

2.
OBJECTIVES
The primary purpose of this proposal is to acquire a new system that will be for the
analysis of organic taste and odor compounds in finished water. Any instrument
package proposed must meet the performance requirements dictated in this
method.

3.
SCOPE OF WORK
The system addressed by this Request for Proposal will consist of a Gas
Chromatograph/Mass Spectrometer with a fully integrated Autosampler which
performs SPME (Solid Phase Micro-Extraction) in both liquid and headspace.

i.
Performance: The new system will preferably be compatible with the current
in-house Laboratory Information Management System performing this
analysis. As our facility moves towards reducing our environmental impact,
reduction of power consumption has become more critical. We would like to
see lower lab power consumption, system expandability, and a reduction in
the demand on the air conditioning system in the lab. For the new
instrumentation, see the specific requirements in subsequent sections of this
bid.

ii.
Currency: As of the date of issuance of this proposal, all items or
components shall be of current manufacture and all components shall be
currently offered and supported by the original equipment manufacturer.

iii.
Support: The Contractor shall guarantee support including technical
consultation, maintenance, replacement parts, and maintenance for all
system components for a minimum of ten (10) years following the expiration
of the original manufacturer’s warranty. The Contractor shall guarantee the
instrument will be fully operational* within three (3) months from the receipt
of the equipment. The Contractor must also supply a minimum of four (4)
days of in-house training on the new instrument.

*Operational is defined as the instrument is running, able to meet specified
parameters and the instrument operator trained and operating the
instrument. Failure to comply with this requirement will result in contract
invalidation and rejection of the equipment.

City of Glendale
Solicitation Number: RFP 23-29 / 42300039
GAS CHROMATOGRAPH MASS SPECTROMETER

CITY OF GLENDALE
Procurement Division
5850 West Glendale Avenue,
Suite 317
Glendale, Arizona 85301

4
rev. 12.11.2020

iv.
Support Response Time: The Contractor shall provide same day phone
support and on-site technical support within 48 hours of receipt of notice for
service. Contractor is encouraged to demonstrate the steps to initiate service
in their response.

v.
Separate Prices Required: Responses to this Request for Proposal must
include separately priced options for each component.

vi.
Separate Responses Required: Contractors must respond to each of these
specifications on a point-by-point basis.

4.
INSTRUMENT REQUIREMENTS
The following requirements for the Operating System, Autosampler and GC/MS are
understood to accept equivalency.

i.
Operating System
Components: A Computer System designed to handle all the instrumentation
required to acquire, perform, and report an analysis with the system offered.
Contractor must provide the computer, printer and a large screen for the
ease of the user.

ii.
Software: Designed to provide the following:
A.
Acquisition software designed with integration of the Autosampler and
GC/MS. A system which delivers fast and accurate results. Intuitive
software that supports multiple applications. Can be customizable.
Full control of the GC/MS tuning and calibration. Provide extracted
chromatograms from a total ion chromatogram.

B.
Autonomous diagnostics that check GC system health and alert the
user to potential issues and how to solve them. Step-by-step
instructions for common gas chromatograph maintenance and
diagnostic procedures presented on the touch screen or remotely
through the GC browser interface.

C.
Quantitation Analysis Software designed to be used by any level of
user. It must have a Spectral Library. Workflow templates for data
review. Integrators which allow for minimization of manual
integrations. Reporting templates. Data translation compatible with
the current in-house Laboratory Information Management System

iii.
A single rail autosampler which enables multiple techniques for flexibility
and automation. This autosampler must meet or be equivalent to the
following requirements:
A.
A fully integrated (with the GC/MS) sample preparation and
introduction system that automates heating, chilling, mixing,
preconcentration,
derivatization,
dilution,
and
other
sample

City of Glendale
Solicitation Number: RFP 23-29 / 42300039
GAS CHROMATOGRAPH MASS SPECTROMETER

CITY OF GLENDALE
Procurement Division
5850 West Glendale Avenue,
Suite 317
Glendale, Arizona 85301

5
rev. 12.11.2020

preparation steps. It must be able to change tools automatically
within the same method and sequence. It also must perform Solid
Phase Micro-Extraction (SPME) in both Liquid and Headspace without
pausing GC operation. It must have an operating temperature range
from 5 to 40 oC.

B.
Requirements: Please address each of the following with the
capabilities of the autosampler offered.

1.
X-Axis rail: Able to perform multiple techniques for maximum
versatility.
2.
Vortex Mixer: Allows efficient mixing (up to 2000 rpm) for
dilution/extraction
sample
preparation.
Accommodates
standard vial sizes (2 mL, 10 mL, and 20 mL).
3.
Agitator: Incubates samples from 20 °C to 200 °C and agitates
samples from 250 rpm to 750 rpm. Accommodates six 20 mL
vials with optional adapters for 2 mL or 10 mL vials.
4.
Peltier chiller: User configurable for storing 2 to 6 racks or
plates under defined temperature conditions (4 °C to 40 °C).
Accommodates any combination of multi-titer and deep well
plates.
5.
Tool change capabilities: Safely automates most sample
preparation steps. Holds up to three tools with automated tool
changing during operation.
6.
Fully integrated intuitive software: Must fully integrate the
GCMS system and software.

a. Parameters are saved within the normal analysis method.
b. Parameters are reported in Reports.
c. All sequencing modes of the platform are supported. The
user can create sequences by sequence table or more
efficient method.
d. Client server environment is fully supported.
e. Status User Interface (UI) which shows needed information.
Set points of temperature zones are provided along with
the actual. These let the user know how the system is
performing. Simplifies the user’s ability to change the
standby temperature and tools on the system easily.
7.
Able to perform Solid Phase Micro Extraction (SPME)
injections, Liquid injections, and Headspace injections. In
addition, detail the Accuracy and Precision of each type of
injection.

a.
Liquid injection: Fast liquid injection minimizes
discrimination and supports syringe volumes from 1.2
µL up to 10,000 µL.

City of Glendale
Solicitation Number: RFP 23-29 / 42300039
GAS CHROMATOGRAPH MASS SPECTROMETER

CITY OF GLENDALE
Procurement Division
5850 West Glendale Avenue,
Suite 317
Glendale, Arizona 85301

6
rev. 12.11.2020

b.
Headspace injection: Capabilities include temperature
control from 40 °C to 150 °C with magnetic vial
transport for 2 mL, 10 mL, and 20 mL vials. Available
in 1 mL, 2.5 mL, and 5 mL syringes flushed with inert
gas.
c.
Solid Phase Micro-Extraction (SPME) injection: Reduces
sample preparation time and eliminates the need for
large volumes of extraction solvents, with a Fiber
Conditioning Module.
iv.
A Gas Chromatograph/Mass Spectrometer (GC/MS) system which can fully
integrate with the above addressed Autosampler. This GC/MS system must
meet or exceed the following requirements:

A.
Chromatographic Performance:
1.
Retention Time Performance: GC must have a specification
published for retention time repeatability of<0.0081 % or
<0.00081 minutes (2 ng Tetradecane, using GC, Splitless inlet,
injector).
2.
Peak Area Performance: GC must have a specification
published for area repeatability. Preferred; <0.51% Relative
Standard Deviation (2 ng Tetradecane, using GC, Splitless
inlet, injector).

3.
Ambient temperature and pressure compensation: The Gas
Chromatograph must have ambient temperature and pressure
compensation for all pneumatics for all inlets, detectors, and
auxiliary pneumatics.

B.
GC System Capabilities:
1.
EPC microchannel design: All GC pneumatics for inlets,
detectors and auxiliary modules must have a pneumatics
design based on microchannels that serve as restrictors for
pneumatic control instead of using a frit.

2.
Browser User Interface: A Browser Interface must provide
access to all the following:
a.
Connectivity to check status or run diagnostics from
anywhere within the network
b.
Built-in self-guided diagnostics and maintenance
capabilities
c.
Method and Sequence editing without the need for a
data system
d-
Easy access to logs and complete user documentation

City of Glendale
Solicitation Number: RFP 23-29 / 42300039
GAS CHROMATOGRAPH MASS SPECTROMETER

CITY OF GLENDALE
Procurement Division
5850 West Glendale Avenue,
Suite 317
Glendale, Arizona 85301

7
rev. 12.11.2020

3.
Remote Access: Remote access must be available directly into
GC, independent of any computer being used and must be
available as Standard with the GC.

4.
Diagnostics: GC must be able to perform no less than 5 inlet
diagnostic procedures without a need to cap-off septum purge
or split vent lines:
a.
Leak and Restriction Test
b.
Pressure Decay Test
c.
Split Vent Restriction Test
d.
Gas Supply Pressure Check
e.
Septum Purge Flow Test

5.
Automated Self-Testing: GC must perform, automated self-
monitoring of over 20 GC and autosampler parameters.

6.
Early Maintenance Feedback (EMF) Counters: For EMF
counters, the system must be able to differentiate between
injections on front and back inlets, and only increment
counters associated with the configured injection flow path.

7.
Inlet Modules Pressure Sensors:
a.
Accuracy: <±2.25 % full scale
b.
Repeatability: <±0.052 psi
c.
Temperature coefficient: <±0.012 psi/°C
d.
Drift: <±0.12 psi/6 months
`
8.
Inlet temperature setpoint increments: Must be able to set
inlet temperature setpoints to 0.1oC increments.

9.
SSL/EPC
Pressure
Programming
Rate:
Split
Splitless
Electronic Pressure Control inlet capable to program either up
or down at a rate of up to 1034 kpa/min or 150 psig/min and
no additional accessory is needed.

10.
Inlet maintenance SSL: Inlet sealing system is built in standard
with each SSL inlet for quick, easy, injector liner changes in
under 30 seconds.

11.
Retention Time-Locking software: The GC/MS data system
must have an integrated retention time-locking software
module with the ability to eliminate retention time differences
due to maintenance, detection system or physical location.

Helium Conservation: The GC system must provide Helium
Conservation to provide cost savings in gas usage.

City of Glendale
Solicitation Number: RFP 23-29 / 42300039
GAS CHROMATOGRAPH MASS SPECTROMETER

CITY OF GLENDALE
Procurement Division
5850 West Glendale Avenue,
Suite 317
Glendale, Arizona 85301

8
rev. 12.11.2020

C.
GC/MS System Capabilities
1.
Helium (He) Electron Impact Sensitivity: SCAN mode must
deliver sensitivity of >4900:1 S/N ratio using a 1 pg/µL
octafluoronaphthalene (OFN), scanning from 50-300 u at
nominal m/z 272 ion.

2.
Detector Type: The Mass Spectrometer’s detector shall be a
Triple-Axis high energy dynode, electron multiplier design,
which places the detector doubly off-axis from the axis of the
transmission quadrupole.

3.
Gain Normalization Autotune: The Mass Spectrometer must
have a Gain Normalized Autotune which optimizes the EM’s
gain to ensures the optimal balance between ion count,
linearity, and EM life expectancy.

4.
Inert ion source: The mass spectrometer must use an ion
source where the metallic parts are constructed from inert
material. Ion Source temp controllable from 105 – 345˚ C.

5.
Ion Source Cleaning: An ability to make ion source cleaning
easier or reduce the need to do so.

6.
Monolithic quartz structure, hyperbolic form quadrupole: Mass
Spectrometer must utilize a Quadrupole Mass Filter consisting
of a monolithic quartz structure. The rods must have a true
hyperbolic shape in keeping with quadrupole theory. The
Quadrupole is to be independently heated, and its temperature
is to be user-selectable from 105 – 195˚C.

7.
Gold and titanium multilayer metalized hyperbolic electrode
surfaces: The quadrupole is to have its electrode surfaces
covered by titanium composite and gold thin and thick films.

8.
SIM Capacity and Speed: The mass spectrometer shall have
the capability to create 100 SIM ion groups with up to 60 ions
per group and speed down to 0.1 msec.

9.
High
Performance
Synchronous
SIM/Scan:
The
mass
spectrometer’s electronics must have the efficiency to support
synchronous SIM/Scan. Synchronous SIM/Scan is a mode of
operation that enables collection of both SIM data and full scan
data in the same acquisition cycle. SIM dwell times can be set
in 1 msec increments from higher than 100 msec to as low as

City of Glendale
Solicitation Number: RFP 23-29 / 42300039
GAS CHROMATOGRAPH MASS SPECTROMETER

CITY OF GLENDALE
Procurement Division
5850 West Glendale Avenue,
Suite 317
Glendale, Arizona 85301

9
rev. 12.11.2020

1 msec dwell, allowing rapid analysis with more compounds
and more samples.

10.
Automated SIM setup: The mass spectrometer must have an
automated SIM setup that can convert a full scan method to a
SIM or SIM/Scan method. The software must automatically
configure the number of SIM groups, SIM cycles across the
peak, and the ions added to each group.

11.
Fast venting: When an MS vent cycle is started, GC recognizes
and optimizes the column flow to cool down the MSD faster.
An oil-free dry scroll pump is preferred.

5.
WARRANTY, TRAINING AND SET-UP
A warranty period of at least one year must be provided on all hardware, labor, and
software. The warranty must include free telephone support for the system.

The manufacturer’s technical representative must complete unpacking, set-up,
component installation, and satisfactory standardization of the instrument on-site.
Any travel and necessary housing must be included in the total price of system.

Following completion of the initial setup and installation, the Contractor's technical
representative must provide 32 hours of on-site, hands-on training and method
development using the purchased system. Training must be performed in
Glendale’s laboratory and must be completed prior to final acceptance.

6.
HOW WE CHOOSE

6.1
SCORING RESPONSES:
The evaluation criteria are weighted in accordance with the Submission
Requirements. Your response will be rated as follows:
•
40% Adherence to the Technical Requirements
•
25% Experience, Proven Performance, and Qualifications
•
25% Technical Support
•
5% Cost
•
5% References

6.2
TYPE OF AWARD: The City reserves the right to make multiple awards or to
award by group of line items, or to make an aggregate award, whichever is
deemed most advantageous to the City. If the City determines that an
aggregate award to one Offeror is not in the City's best interest, "all or
none" Bids shall be rejected.

6.3
LENGTH OF CONTRACT: The City will award for an initial one (1) year with
four (4) additional one-year renewal options.

EXHIBIT B
GAS CHROMATOGRAPH MASS SPEC
COMPENSATION
NOT-TO-EXCEED AMOUNT
The total amount of compensation paid to Contractor for full completion of all work required by the Project during
the entire term of the Project must not exceed $197,871.00.
DETAILED PROJECT COMPENSATION
See below.

test
Page 1 of 6
Agilent 8890-5977C with PAL3 RTC Sampler and SPME Accessory
Learn more about Agilent's Special Offers, Products, Services and our full
range of laboratory productivity solutions optimized for your applications
and workflows. Visit us at www.agilent.com/chem
4274798
Quotation Number:
4 Weeks
Estimated Delivery Time:
April 02 2023
Quotation Expiry Date:
Delivered duty paid (DDP)
Incoterms:
USD
Currency:
Net 30 Days
Payment Terms:
Agilent Contact Name:
Agilent Contact Email:
Agilent Contact Telephone:
Nick MacKenzie
Direct Inquiries to:
nick.mackenzie@kprime.net
480-848-5032
Quotation Date:
February 01 2023
QUOTATION
623-930-2864
Anne Shadle
ashadle@glendaleaz.com
City of Glendale
28101 N 63rd Ave
GLENDALE AZ 85083-7676
USA
Customer Contact:

Page 2 of 6
Quotation Number:
4274798
February 01 2023
Quotation Date:
Product Details
ID Product
Description
Qty
Unit List Price
(USD)
Unit Net Price
(USD)
Extended Net
Price (USD)
1 G3540A
Agilent 8890 GC System
Custom
1
39,079.00
21,493.45
21,493.45
With the following configuration:
Ship-to Country : USA
Qty He Cons Mod (303) : 1
Country of Origin : United States
Exhaust Deflector Assy
1
Factory plumbing For quick installation
1
Installation (44K)
1
8890 with USA Country of Origin
1
MSD Interface
1
Helium Conservation Module
1
INERT Cap S/Sl inlet with EPC - 100psi
1
2 G7370B
PAL3 Series II RTC 120
1
98,183.00
54,000.65
54,000.65
PAL3 Series II RTC 120
With the following configuration:
Mounting Hardware (201-207) : 8890/8860 Deck
Mount (206)
PAL3 SPME Arrow(323-325) : PAL3 SPME Arrow
for 8890/8860
Ship-to Country : USA
Introduction (44L)
Installation (44K)
8890/8860 PAL3 Deck Mounting Hardware
1
PAL3 Agitator
1
PAL3 SPME Arrow for 8890/8860
1
3 5183-4703
Liner, direct, 2mm I.D.,
deactivated 5PK
1
156.00
85.80
85.80
Liner, direct, 2mm I.D., deactivated 5PK
4 5183-4759
Septa Non-Stick Adv Green
11mm 50pk
1
104.00
57.20
57.20
|Non-Stick Adv Green Inlt Septa 11mm 50pk Non-Stick Advanced

Page 3 of 6
Quotation Number:
4274798
February 01 2023
Quotation Date:
Green Inlet Septa 11mm inlet septa; max temp 350c
5 5191-5861
SPME Arrow
1.1mm:DVB/Carbon WR/PDMS
1
2,043.00
1,123.65
1,123.65
SPME Arrow 1.10mm: DVB/Carbon WR/PDMS (Divinylbenzene),
6 122-5532UI
DB-5MS Ultra Inert 30m,
0.25mm, 0.25um
1
807.00
443.85
443.85
DB-5MS Ultra Inert 30m, 0,25mm, 0,25um
7 G7077CA
5977C Inert Plus MSD Turbo EI
Bundle
1
103,848.00
57,116.40
57,116.40
5977C Inert Plus MSD Turbo EI Bundle
With the following configuration:
Ship-to Country : USA
GC/MSD INERTPLUS EI FOR 8890 GC
1
Installation (44K)
Introduction (44L)
1 Year SW Update/Phone Assist (44W)
ADD LASER PRINTER
1
SUBSTITUTE IDP3 OIL FREE SCROLL PUMP
1
8 G1033C
NIST MS Library Bundle
1
7,380.00
4,059.00
4,059.00
Latest NIST MS Library Bundle includes over 350K EI spectra for
over 300K compounds (40K increase) and GC Methods/Retention
indices library (nist_ri) with 139K compounds
9 H2149A
Method and Application
Consulting
1
15,716.00
11,158.36
11,158.36
Method and Application Consulting On-site consulting for a
maximum of 4 participants. Certificates and manuals not
included.
With the following configuration:

Page 4 of 6
Quotation Number:
4274798
February 01 2023
Quotation Date:
Ship-to Country : USA
Four Day On-site (Includes Travel)
1
10 19199M
Install Kit for GCs w/out Gas
Purifiers
1
1,038.00
570.90
570.90
Installation Kit for GCs w/out gas purifiers. Includes leak
detection fluid, swage-type fittings, copper tubing, syringes,
screw-drivers and wrenches.
11 CP17974
Gas Clean Filter Kit for Carrier
Gas
1
445.00
244.75
244.75
Gas Clean Filter Kit for Carrier Gas 1/8inch.
12 RMSN-2
Big Universal Trap, 1/8i fttgs,
Nitrogen
1
449.00
246.95
246.95
13 G7380-60001
PAL3 SPME + SPME ARROW
Condition Station
1
9,508.00
9,508.00
9,508.00
175,557.43
Total List Price (USD)
Total Discount (USD)
Subtotal (USD)
Shipping (USD)
Total Tax (7,63%)
278,756.00
Quotation Total (USD)
118,647.04-
160,108.96
3,000.00
12,448.47
Additional Information
Amount excludes any applicable taxes. Applicable taxes will be separately stated on the invoice at time of billing.
Ordering Information

Page 5 of 6
Quotation Number:
4274798
February 01 2023
Quotation Date:
Ask about our attractive payment options and how we can help you acquire the latest innovations while minimizing the upfront costs. Contact
your Agilent sales representative today or visit us online at
www.agilent.com/en/technology/agilent-financial-solutions to learn why more and more labs are choosing these flexible payment plans and
identify which works best for you.
To place an order: Visit http://www.agilent.com/store to place
online orders using a purchase order or credit card and
track your order status.
Product
Email
FAX
Consumables
cag_sales-NA@agilent.com
302-633-8901
Genomics
orders@agilent.com
512-321-3128
Pathology
customer.service@agilent.com
800-566-3256
Instruments
Lscainstrumentsales@agilent.com
302-633-8953
1-800-227-9770 Option 1
To place an order, we require:
Purchase order number or credit card, delivery date, ship to, invoice to, end user, and quote number.
GSA customers please provide GSA contract #.
EXCLUSIVE OFFERS FOR NEW INSTRUMENT CUSTOMERS, go to www.agilent.com/chem/exclusiveoffers
TO CHECK THE STATUS OF AN ORDER:
1) Visit http://www.agilent.com/chem/supplies to check the status of your order.
2) Call 1-800-227-9770 (option 1) any weekday between 8 am and 8 pm Eastern time, in the U.S., Canada &
Puerto Rico. You will need to know the purchase order or credit card number the order was placed on.
Legal Disclaimer
The sale of standard Products and Services referenced in this quotation is subject to the then current version of Agilent's Terms of Sale, and
any LSCA Supplemental Terms or other applicable terms referenced herein. If any Products or Services are manufactured, configured or adapted
to meet Customer's requirements, the sale of all Products and Services referenced in this quotation is subject to the then current version of
Agilent's Terms of Sale for Custom Products and any LSCA Supplemental Terms or other applicable terms referenced herein. A copy of
Agilent's Terms of Sale, Agilent's Terms of Sale for Custom Products and the LSCA Supplemental Terms is either attached or has been
previously provided to you. Please contact us if you require a copy of the terms. If you have a separate agreement in effect with Agilent
covering the sale of Products and Services referenced in this quotation, the terms of that agreement will take precedence for those Products
and Services. Agilent expressly objects to any different or additional terms in your purchase/sales order documentation, unless agreed to in
writing by Agilent. Product and Service availability dates are estimated at the time of the quotation. Actual delivery dates will be specified at the
time Agilent acknowledges and accepts your purchase order. The above conditions shall apply to the fullest extent permitted by the law. You
may have other statutory or legal rights available. Commodities, technology or software exported from the United States of America ("U.S.") or
from other exporting countries will be subject to the U.S. Export Administration Regulations and all exporting countries' export laws and
regulations. Diversion contrary to U.S. law and the applicable export laws and regulations is prohibited.
Warranty
Warranty for accessory and spare parts is 3 months, and for hardware products is 12 months.

City of Glendale
Solicitation Number: RFP 23-29 / 42300039
Gas Ghromatograph Mass Spectrometer
PRICING WORKBOOK
CITY OF GLENDALE
Procurement Department
5850 West Glendale
Avenue, Suite 317
Glendale, Arizona 85301

1.
PRICING

Contractor must complete the information below.

A.
PRICE SCHEDULE
The following items will be used to determine the vendor who will earn full
points on the cost section of the solicitation.

The city will pay any taxes due; do not include taxes in your pricing.

Item No. Description
Price, tax excluded
1.
Operating System
$ 4,059.00
2.
Autosampler
$ 64,632.30
3.
Gas Chromatograph
$ 23,115.90
4.
Mass Spectrometer
$ 57,116.40

Grand Total (items 1-4) $ 148,923.6

B.
OPTIONS

Please list all options available along with the price of each. You may attach
a price list instead of listing each item below, if you prefer. Please list your
company name and the RFP number on the price list if submitted separately
from this document.
Description
Price, tax excluded
Service Plan – 1 year, paid
annually
$
Service Plan – 3 years, paid
annually
$
Service Plan – 5 years, paid
annually $
Agilent CrossLab Silver
Agreement (includes parts,
labor, travel for unlimited
repair visits, as well as annual
Preventative Maintenance
service visit) - 1 Year Coverage
after Warranty Expiration
$ 16,746.30
Agilent CrossLab
Government/Academic
Bronze Agreement (includes
parts, labor and travel for
unlimited repair visits) - 1
Year Coverage after Warranty
Expiration
$ 10,994.00
Agilent CrossLab Silver
Agreement (includes parts,
$ 29,771.20

labor, travel for unlimited
repair visits, as well as annual
Preventative Maintenance
service visit) - 3 Years
Coverage after Warranty
Expiration
Agilent CrossLab
Government/Academic
Bronze Agreement (includes
parts, labor and travel for
unlimited repair visits) - 3
Year Coverage after Warranty
Expiration
$ 19,544.00
Agilent CrossLab Silver
Agreement (includes parts,
labor, travel for unlimited
repair visits, as well as annual
Preventative Maintenance
service visit) - 5 Years
Coverage after Warranty
Expiration
$ 66,985.20
Agilent CrossLab
Government/Academic
Bronze Agreement (includes
parts, labor and travel for
unlimited repair visits) - 5
Year Coverage after Warranty
Expiration
$ 43,974.00
Per Incident Preventative
Maintenance Visit
$ 4,539.60

2.
DISCOUNT/PAYMENT TERMS:

The City standard is 2% 20 days

Comply:
YES NO X

If your answer is NO, please state terms offered: (NET 30 DAYS 0% Enter discount
rate if payment in 20 days) %

3.
PAYMENT Contractor shall provide monthly statements of itemized services.
Payment will be reviewed and approved by the Contract Administrator or designee.
The itemized statement shall not exceed the proposal fee in this Section.

OFFEROR NAME: Offeror must enter full Company Nam Agilent Technologies, Inc.