Auto Glass Agreement

AGREEMENT FOR
Vehicle Glass Replacement, Repair, and Window Tinting Services
City of Glendale Solicitation No. RFP 24-12
This Agreement for Vehicle Glass Replacement, Repair, and Window ‘Tinting Services ("Agreement") is effective and
entered into between CITY OF GLENDALE, an Arizona municipal corporation ("City"), and ARIZONA AUTO

GLASS DIRECT, LLC, an Arizona limited liability corporation, authorized to do business in the State of Arizona,
("Contractor"), as of the day of 20

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 24-12 (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; and
on City and Contractor desire to memorialize theit 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-contractots.

1.1 Services. Contractor will provide all services necessaty 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 petsons and
toles for each as may have been identified in the response to the Project's
solicitation.

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(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 membets 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.

Schedule. The services will be undertaken in a manner that ensures the Project is completed timely and
efficiently in accordance with the Project.

Contractor’s Work.

3.1

3.2

3.3

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.

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 ot 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
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.

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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").

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.

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, e¢ 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.

Delivery. Contractor will deliver to City copies of the preliminary and completed Work

Product promptly as they are prepared.

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.

Compensation for the Project.

41 Compensation. Contractor's compensation for the Project, including those furnished by its Sub-
contractors will not exceed $400,000 , 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
requite 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 the
Exhibits and accompanying attachments, the provisions of this Agreement shall take priority
and govern the conduct of the parties.

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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

Agteement 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.
Tf 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.

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.

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 petson 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"):

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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.

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.

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.

Workers' Compensation and Employer's Liability. A workers' compensation and employer's
liability policy providing at least the minimum benefits required by Arizona law.

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.

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
ot issuance of Contractor and Sub-contractor's Policies, or to examine Contractor
and Sub-contractot’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.

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(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 Requited
Insurance.

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.

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, damiages, 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 ot 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 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.

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 warrants
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
tight 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 wattant to keep their respective

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10.

11.

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 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.

Uyghur Forced Labor Prevention Act (UFLPA). Contractor certifies that it does not currently, and during
the term of this Agreement, will not use:

the forced labor of ethnic Uyghurs in the People’s Republic of China;

b. any goods or services produced by the forced labor of ethnic Uyghurs in the People’s
Republic of China; and
c. any contractors, subcontractors or suppliers that use the forced labor or any goods or

services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China.

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.

Notices.

13.1. 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 teceipt 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.

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:

Arizona Auto Glass Direct, LLC

c/o Michael Pringle, General Manager
2010 S. Rural Road

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:

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14.

15.

City of Glendale

c/o Sandy Ressler, Contract Monitor
Field Operations

6210 W. Myrtle Ave.

Glendale, Arizona 85301

(623) 930-2696

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

Concurrent Notices.

(a) 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.

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.

15.1

15.2

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.

Representations, statements, conditions, or warranties not contained in this Agreement will
not be binding on the parties.

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.

Interpretation.

a.

The parties fairly negotiated the Agreement's provisions to the extent they believed necessary
and with the legal representation they deemed appropriate.

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.

The Agreement will be interpreted in accordance with the laws of the State of Arizona.

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16.

17.

18.

19.

15.3

15.4

15.5

15.6

15.7

Term.

16.1

16.2

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
Agteement.

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 mote 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
comprise one instrument.

Extensions. 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, 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 extension period. Price adjustments will only be reviewed
ptior to the extension period and any such price adjustment will be a determining factor for any
renewal. There are no automatic extensions or 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 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.pov/business/putchasing/ 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

(Signatures appear on the following page.)

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The patties 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
Arizona Auto Glass Direct, LLC,
an Arizona limi ity corporation

Vie 22-25

By: pe ringle
Its: Ge fe

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EXHIBIT A
Vehicle Glass Replacement, Repair, and Window Tinting Services
PROJECT

Arizona Auto Glass Direct, LLC shall provide vehicle glass replacement, repair, and window tinting services as
needed per attached RFP 24-12 Scope of Work.

SOLICITATION NUMBER:
ONLINE BID NUMBER:
TITLE:

PUBLISHED DATE:

PRE-OFFER CONFERENCE:

OFFER DUE:

CONTACT:

CITY OF GLENDALE
PROCUREMENT DIVISION
REQUEST FOR PROPOSAL

RFP 24-12
42400022
Vehicle Glass Replacement, Repair, and Window Tinting Services

August 24, 2023

Pre-Offer Conference will not be held

September 12, 2023, 10:00 AM Local Time

Offer Submission Through Vendor Self-Service (VSS) Online Bid
System.

NOTE: This is a sealed proposal process requiring proposals to be
submitted before the date/time shown above. If errors occur when
submitting through VSS, email or call using contact information below.

Cyndi Hawk, CPPB, Procurement Officer
Purchasing-Procurement Division
623-930-2866

chawk@glendale.com

Proposals shall be opened using the City’s electronic bidding system on the specified due time
and date identified herein. All information contained in the proposals shall be confidential to
avoid disclosure of contents prejudicial to competing Offerors.

OFFERORS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE SOLICITATION
The Vendor Self-Service - New and Existing Vendor Registration Guide provides detailed

instructions for registration for both new and existing vendors.

Procurement Division

Solicitation Number: RFP 24-12 /42400022 5850 West Glendale Avenue,
Glendale | Vehicle Glass Replacement, Repair, and Window | dale, tena ass01
Tinting Services

City of Glendale CITY OF GLENDALE
G

Table of Contents:

RFP Package

. INTRODUCTION
OBJECTIVES
SCOPE OF WORK...
HOW WE CHOOSE.
SUBMISSION CHECKLIST.
SUBMISSION REQUIREMENTS
EXHIBIT 1: SPECIAL NOTICES..
EXHIBIT 2: SPECIAL TERMS AND CONDITIONS...

DONOR WNHE

Additional RFP Attachments

EXHIBIT 3 Insurance Requirement
EXHIBIT 4 Sample Services Agreement

Required Submittal Documents

Response Workbook — To be completed by Offeror and submitted as their response.

Excel Pricing Worksheet — To be completed by Offeror and submitted as their response.
Northern Ave Parkway Pricing Sheet - To be completed by Offeror and submitted as their
response.

PNR

2 rev.
12.11.2020

Procurement Division

Solicitation Number: RFP 24-12 /42400022 5850 West Glendale Avenue,
Glendale | Vehicle Glass Replacement, Repair, and Window |. dale Ree ——
Tinting Services ,

City of Glendale CITY OF GLENDALE
G

1. INTRODUCTION

1.1 The City of Glendale, Arizona (“the City”), Field Operations Department, Fleet
Management Division, is requesting bids from qualified vendors for the services
of vehicle window replacement, repairs, and tinting service for City vehicles in
accordance with the provisions, specifications and instructions set forth in this
Request for Proposal.

The City’s Fleet Management Division maintains a large fleet of diverse vehicles,
including emergency vehicles, and associated equipment that supports city
operations and provides maintenance and vehicle repairs.

The City’s Fleet Management Division is seeking to establish one or more
contracts to provide Vehicle Glass Replacement, Repair and Window Tinting
Services, to City-owned vehicles, on an as-needed basis.

2. OBJECTIVES

The intent of this solicitation is to establish contract(s) to provide personnel,
materials, and equipment for vehicle glass management for City of Glendale
fleet, as indicated in the scope of work.

The Offeror has the option to submit proposals for one or multiple services. For
instance, the Offeror has the option to submit a proposal exclusively for window
tinting, windshield replacement, or any combination of services. This RFP does
not enforce a strict all-or-nothing condition.

3. SCOPE OF WORK

3.1 STANDARDS-
The Contractor(s) shall comply with all Federal, State and municipal codes
regarding all services being performed under this contract. Applicable
standards include but are not limited to the following:

American National Standards Institute (ANSI)
Auto Glass Replacement Safety Standards Council (ARGSS)
National Highway Traffic Safety Administrator (NHTSA)
Federal Motor Vehicle Safety Standards (FMVSS)
ANSI/GRSS 002-2002 Automotive Glass Replacement Safety
Standard
3.1.6 Federal Motor Vehicle Safety Standard
(111 2, 205 2, 208 2, 212 2, 216)
3.1.7 All other applicable FMVSS Standard

Ww Ww W Ww Ww
rd ee a
ORWNE

12.11.2020

Procurement Division

Solicitation Number: RFP 24-12 /42400022 5850 West Glendale Avenue,
Glendale | Vehicle Glass Replacement, Repair, and Window Glen le tone 85301
Tinting Services ‘

City of Glendale CITY OF GLENDALE
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3.2 SERVICE HOURS AND RESPONSE TIMES

3.2.1 Contractor shall have existing mobile repair units and personnel capable of
providing glass replacement/repair and window tinting services.

3.2.2 The City of Glendale Fleet Management Division, at a minimum, requires a
verbal response within 1 hour from time of call to Shop Coordinator as to
availability and service response.

3.2.3. BUSINESS HOURS shall be work performed between 6:00 AM to 6:00 PM,
Monday through Friday, excluding City holidays.

3.2.4 Response time to all BUSINESS HOURS repair service work shall be within
six (6) hours on-site after Contractor responds to a verbal response request.
The six (6) hour response time shall carryover the next working day if called
into Contractor after 12:00 Noon.

3.3 REQUIREMENTS

3.3.1 Vehicle Assessment before Replacement: Prior to any vehicle glass
replacement, assess all conditions that would compromise the retention
system after a glass replacement and agree not to replace the glass if these
conditions exist. The Contractor must notify the City of Glendale Fleet
Management Division if the vehicle has any existing conditions that would
compromise the retention system/windshield replacement.

3.3.2 Section of Glass and Retention Systems: Glass retentions systems provided
under this contract must meet, as a minimum the following requirements:

3.3.2.1 Retention systems must be produced under documented quality
assurance standards.

3.3.2.2 Glass products must meet the requirements of ANSI Z26.1 as required
by FMVSS 205.

3.3.2.3. Contractor must use OEM and/or equivalent retention systems
according to OEM application instructions.

3.3.2.4 Contractor must use products that have printed expiration dates when
applicable.

3.3.3 Adhesive Bonded Installation Requirements: The following requirements must
be met when adhesive bonding is used. The Contractor must:

3.3.3.1 Follow adhesive manufacturer’s application instructions.

3.3.3.2 Store and control products according to manufacturer’s requirements.

3.3.3.3. Use a retention system that will achieve minimum drive-away strength
by the time the vehicle may be reasonably expected to be operated.

3.3.3.4 Notify the City of Glendale Fleet Management Division of the minimum
drive away time.

4 rev.
12.11.2020

Procurement Division

Solicitation Number: RFP 24-12 /42400022 5850 West Glendale Avenue,
Glendale | Vehicle Glass Replacement, Repair, and Window | a... ac aon 95301
Tinting Services

City of Glendale CITY OF GLENDALE
G

3.3.3.5 Apply the adhesive bead so it will meet or exceed original equipment
configuration.

3.3.3.6 Use polyurethane or an equivalent system with every stationary glass
installation unless it conflicts with current OEM specifications.

3.3.3.7. Trace/track adhesive lot numbers and part numbers back to each
particular job.

3.3.3.8 Use only products that remain within their printed expiration date,
open shelf life and/or active shelf life.

3.3.3.9 Replace all supplemental mechanical glass retention devices to meet
OEM specifications.

3.3.3.10 Notify the City of Glendale Fleet Management Division when
inappropriate replacement materials or methods are detected.

3.3.3.11 Correct any inappropriate glass installation by removing any and all
inappropriate materials, correcting any and all adverse glass installation
related conditions and use appropriate methods.

3.3.3.12 Use compatible polyurethane when sealing air or water leaks within an
existing polyurethane retention system and not use silicone or butyl.

3.3.3.13 Use only full cut method when removing and replacing a polyurethane
retention system.

3.4 ADDITIONAL REQUIREMENTS

3.4.1 Contractor must also perform the following under this contract:
3.4.1.1 Replace all mechanical fastened vehicle glass parts according to OEM
specifications.
3.4.1.2 Verify that glass parts, including custom cut parts are marked in
compliance with certification requirements.
3.4.1.3 Install external and internal mirrors that meet or exceed the OEM
specifications.
3.4.1.4 When OEM retention systems are modified, use the most current
retention system unless otherwise specified by the OEM.
3.4.1.5 Promptly repair failure to manufacturer or supplier when detected.
3.4.1.6 | Ensure to not introduce any chemical agents or utilize any installation
practice that could affect the glass retention system adversely.
3.4.1.7. Maintain documentation that will demonstrate your compliance with
the standard.
Use a polyurethane adhesive binding system on the OEM gasket.
Use a compatible polyurethane adhesive on a rubber gasket for air or
water leaks and not silicone or butyl.

3.4.1.8
3.4.1.9

3.4.2 MATERIALS:
All materials utilized in the performance of this contract shall be either
Original Equipment Manufacturer (OEM) or equivalent to OEM materials.
Materials must comply with all applicable federal, state, and local laws,
regulations and standards for quality, safety, environmental and structural

12.11.2020

Procurement Division

Solicitation Number: RFP 24-12 /42400022 5850 West Glendale Avenue,
Glendale | Vehicle Glass Replacement, Repair, and Window | Suite 347 3
Tinting Services ,

City of Glendale CITY OF GLENDALE
G

requirements set forth by applicable Federal, State and local regulatory
agencies, the National Automotive Industry and all other governing
authorities.

3.4.3 On-Off Road/Fire Truck Glass Replacement (Heavy Duty) :
The Contractor must have the ability to replace glass and apply window tint
to on-off road/fire truck vehicles (heavy duty).

3.4.4 Installation Vehicle Glass:
The Contractor shall be capable of providing windshield and/or glass
replacement, assembly, and repair services in accordance with the OEM
specifications per the OEM specifications per the Motor Safety Act section
1937, latest revision, using OEM or OEM equivalent glass, components and
supplies.

3.4.5 Disposal
The Contractor is responsible for the disposal of all damaged glass removed
from the vehicle. Glass disposal must be done in accordance with all
applicable federal, state, and local statues, codes and ordinances. All surplus
material, rubbish, and debris shall be disposed of by the Contractor at their
expense.

3.4.6 Licenses
The Contractor shall maintain in current status, all federal, state and local
licenses and permits required for the operation of the business conducted by
the Contractor in performance under this contract.

3.4.7 Warranty
The Contractor shall guarantee its products to be free from defect in materials
and workmanship, given normal use and care, shall be based on a minimum
of twelve (12) months before the time of delivery. Manufacturer’s warranties
are the sole responsibility of the manufacturer and must be official and
standard (not customized) documents that are signed by the manufacturer’s
representative.

3.5 CHIP REPAIR
3.5.1 The Contractor must be able to provide chip repair on various vehicle glass.
3.6 WINDOW TINTING

3.6.1 Contractor must have the ability to provide after-market tinting services on
vehicle/equipment. All tinting under this contract must have a lifetime

6 rev.
12.11.2020

Procurement Division

Solicitation Number: RFP 24-12 /42400022 5850 West Glendale Avenue,
Glendale | Vehicle Glass Replacement, Repair, and Window Glendale Arison 85301
Tinting Services

City of Glendale CITY OF GLENDALE
G

warranty. All tinting services provided shall comply with all Federal, State
and local municipal laws, codes and statues.

3.6.2 Tinting may be requested for an entire vehicle or for individual windows (see
Page 6 for vehicle types - Light Duty and Heavy Duty).

3.7 PRICING

3.7.1 General Catalog/Category Pricing
All non-core items within an established category shall be priced based on
the single discount percent (%) from published MPL/NAGS price list. List
price shall be defined as the pricing regularly maintained by either the
manufacturer or the National Auto Glass Specifications and shall be
published or otherwise available for inspection by Customers.

3.7.2 Core Item Pricing
All core items prices shall be a firm fixed price.

3.7.3 Estimated Quantities
The City of Glendale Fleet Management Division makes no commitment of
any kind concerning the quantity or monetary value of work for this contract.

ADDITIONAL CHARGES:

Any charges or fees not delineated in the Contract may not be added, billed, or invoiced under the
Contract.

7 rev.

12.11.2020

Procurement Division

Solicitation Number: RFP 24-12 /42400022 5850 West Glendale Avenue,
Glendale | Vehicle Glass Replacement, Repair, and Window | 4. cet” oss01
Tinting Services ,

City of Glendale CITY OF GLENDALE
G

4. HOW WE CHOOSE

4.1 SCORING RESPONSES:
The evaluation criteria are weighted in accordance with the Submission
Requirements. Your response will be rated in order of importance as
follows:
e QUALIFICATION AND EXPERIENCE: Key personnel who will be
directly involved in all elements of the Services.
COST
PROOF OF EXPERIENCE: Firm's experience providing vehicle glass
replacement, repair and window tinting or similar services
CAPACITY AND EQUIPMENT
SAFETY RECORD

4.2 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 bidder is not in the City's best interest, "all or none"
Bids shall be rejected.

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

4.4 EVALUATION PANEL: Submittals will be evaluated by a panel based on the
stated criteria and are responsible for selecting the proposal that is most
advantageous to the City.

4.5 PANEL CONTACT: Offerors shall have no exclusive meetings, conversations
or communications with an individual evaluation panel member on any
aspect of the RFP, after submittal.

4.6 INTERVIEWS: City may ask some or all Offerors to participate in an
interview at any point during the evaluation process but is not required to
do so. Information gathered in an interview will be used by the panel to
make a selection. Offeror is responsible for any costs incurred to
participate in an interview.

4.7. ADDITIONAL INVESTIGATIONS: City may conduct additional investigations
needed to determine the competence or financial stability of any Offeror.

4.8 BEST AND FINAL OFFERS: City may request best and final offers and will
determine the scope and subject of any best and final request.

12.11.2020

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ARIZONA

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Solicitation Number: RFP 24-12 /42400022 5850 West Glendale Avenue,
Vehicle Glass Replacement, Repair, and Window Suite 317

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Tinting Services ,

4.9

4.10

4.11

4.12

4.13

4.14

12.11.2020

PROPOSAL EVALUATION: City reserves the right to secure additional
information from the Offeror in various forms and to award based on
submitted information.

NOTICE OF INTENT TO AWARD AND PROTEST PERIOD: Information about
the recommended award for this solicitation will be posted here and will be
available immediately after the City has completed its evaluation process.
Questions regarding the notice of intent to award must be directed to the
listed Procurement Officer immediately. Any protest must be submitted to
the Procurement Administrator no later than seven (7) calendar days from
the date of posting on the Internet. Information and instructions on how to
file a protest can be found here.

WITHDRAWAL OF PROPOSAL: Offeror may withdraw a submitted proposal
at any time prior to the specified solicitation due date and time through the
City’s online bidding system. Withdrawals must be made by the Offeror or
designated representative listed on the proposal. Telephonic or oral
withdrawals cannot be accepted.

OFFER ERRORS OMISSIONS AND CORRECTIONS: City will not be
responsible for any offeror errors or omissions. Any corrections shall be
submitted through the City’s online bidding system prior to due date and
time of the RFP. No corrections will be permitted after the offers have been
opened.

COMPETITIVE NEGOTIATIONS: City may negotiate with multiple Offerors at
the same time. Negotiations may result in changing the conditions, terms,
or price of the proposed contract for the benefit of the City unless prohibited
herein. All Offerors shall! be treated fairly and equally while conducting
negotiations and the City is prohibited from disclosing any information
submitted by competing Offerors. Entering into negotiations does not
constitute a contract award or confer any rights to Offerors. The City may
formally terminate negotiations and enter into concurrent or exclusive
negotiations with the next most qualified Offeror/s if it is in the City’s best
interest to do so.

NO CONTACT. NO INFLUENCE DURING THE RFP PROCESS: City is
conducting a competitive RFP process for the contract, free from improper
influence or lobbying. There shall be no contact concerning this RFP from
Offerors submitting a Proposal with any member of the City Council, RFP
Evaluation Committee Members, or anyone connected with the process for
or on behalf of the City. Contact includes direct or indirect contact by the
Offeror, its employees, attorneys, lobbyists, surrogates, etc. in an attempt to
influence the RFP process.