Real Cool Agreement

City of Glendale — Regular Meeting (2024-01-09)

Extracted text (via pymupdf) 102471 characters

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C
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 REAL COOL
WINDOW TINTING & GLASS LLC, an Arizona limited liabitity company, 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
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.

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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 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.

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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").
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 $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
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 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
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.
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"):

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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.
(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.

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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).
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.
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 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
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

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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.
Uyghur Forced Labor Prevention Act (UFLPA). Contractor certifies that it does not currently, and during
the term of this Agreement, will not use:
a.
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.
12.
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.
13.
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 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.
13.2
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:
Real Cool Window Tinting & Glass LLC
c/o Keith Johnson, Owner
16647 W. GARFIELD ST.
GOODYEAR, AZ 85338

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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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
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.
14.
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.
15.
Entire Agreement; Survival; Counterparts; Signatures.
15.1
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.
15.2
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.

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15.3
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.
15.4
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.
15.5
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.
15.6
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.
15.7
Counterparts. This Agreement may be executed in counterparts, and all counterparts will together
comprise one instrument.
16.
Term.

16.1
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
prior 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.

16.2
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.
17.
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.
18.
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
19.
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.)

Thc partics enter into this Agreement as of the Effective Date shown above-
Oity of CJendalc,
an Arizona municipal cotporation
Bv: Iievrn R. Phelps
Jrs: Cit\ llanalier
,\fiE,ST:
Julie K. Bower
City Clerk
APPROI,'LD AS TO FORM:
Nlichael D. Bailey
Cin Attomq'
Real Cool
1()
10i05t2023

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

Real Cool Window Tinting and Glass LLC shall provide vehicle glass replacement, repair, and window tinting
services as needed per attached RFP 24-12 Scope of Work.

CITY OF GLENDALE
PROCUREMENT DIVISION
REQUEST FOR PROPOSAL

SOLICITATION NUMBER:
RFP 24 - 12

ONLINE BID NUMBER:

42400022
TITLE:
Vehicle Glass Replacement, Repair, and Window Tinting Services

PUBLISHED DATE:
August 24, 2023

PRE-OFFER CONFERENCE:
Pre-Offer Conference will not be held

OFFER DUE:
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.
CONTACT:
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.

City of Glendale
Solicitation Number: RFP 24-12 /42400022
Vehicle Glass Replacement, Repair, and Window
Tinting Services

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

rev.
12.11.2020

Table of Contents:

RFP Package
1.
INTRODUCTION ........................................................................................................................................... 3
2.
OBJECTIVES .................................................................................................................................................. 3
3.
SCOPE OF WORK ......................................................................................................................................... 3
4.
HOW WE CHOOSE ........................................................................................................................................ 8
5.
SUBMISSION CHECKLIST ....................................................................................................................... 11
6.
SUBMISSION REQUIREMENTS .............................................................................................................. 12
7.
EXHIBIT 1: SPECIAL NOTICES ............................................................................................................... 13
8.
EXHIBIT 2: SPECIAL TERMS AND CONDITIONS ............................................................................... 17

Additional RFP Attachments

EXHIBIT 3 Insurance Requirement
EXHIBIT 4 Sample Services Agreement

Required Submittal Documents

1. Response Workbook – To be completed by Offeror and submitted as their response.
2. Excel Pricing Worksheet – To be completed by Offeror and submitted as their response.
3. Northern Ave Parkway Pricing Sheet - To be completed by Offeror and submitted as their
response.

City of Glendale
Solicitation Number: RFP 24-12 /42400022
Vehicle Glass Replacement, Repair, and Window
Tinting Services

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

rev.
12.11.2020

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:

3.1.1 American National Standards Institute (ANSI)
3.1.2 Auto Glass Replacement Safety Standards Council (ARGSS)
3.1.3 National Highway Traffic Safety Administrator (NHTSA)
3.1.4 Federal Motor Vehicle Safety Standards (FMVSS)
3.1.5 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

City of Glendale
Solicitation Number: RFP 24-12 /42400022
Vehicle Glass Replacement, Repair, and Window
Tinting Services

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

rev.
12.11.2020

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.

City of Glendale
Solicitation Number: RFP 24-12 /42400022
Vehicle Glass Replacement, Repair, and Window
Tinting Services

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

rev.
12.11.2020

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.
3.4.1.8
Use a polyurethane adhesive binding system on the OEM gasket.
3.4.1.9
Use a compatible polyurethane adhesive on a rubber gasket for air or
water leaks and not silicone or butyl.

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

City of Glendale
Solicitation Number: RFP 24-12 /42400022
Vehicle Glass Replacement, Repair, and Window
Tinting Services

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

rev.
12.11.2020

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

City of Glendale
Solicitation Number: RFP 24-12 /42400022
Vehicle Glass Replacement, Repair, and Window
Tinting Services

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

rev.
12.11.2020

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.

City of Glendale
Solicitation Number: RFP 24-12 /42400022
Vehicle Glass Replacement, Repair, and Window
Tinting Services

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

rev.
12.11.2020

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:
•
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.

City of Glendale
Solicitation Number: RFP 24-12 /42400022
Vehicle Glass Replacement, Repair, and Window
Tinting Services

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

rev.
12.11.2020

4.9
PROPOSAL EVALUATION: City reserves the right to secure additional
information from the Offeror in various forms and to award based on
submitted information.

4.10 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.

4.11 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.

4.12 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.

4.13 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.

4.14 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.

City of Glendale
Solicitation Number: RFP 24-12 /42400022
Vehicle Glass Replacement, Repair, and Window
Tinting Services

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

rev.
12.11.2020

From the time the RFP is issued until the expiration of the protest period or
the resolution of any protest, whichever is later (the “Silent”), Offerors,
directly or indirectly through others, are restricted from attempting to
influence in any manner the decision making process through, including but
not limited to, the use of paid media; contacting or lobbying the City Council
or City Manager or any other City employee (other than Material Management
employees); the use of any media for the purpose of influencing the outcome;
or in any other way that could be construed to influence any part of the
decision-making process about this RFP. This provision shall not prohibit an
Offeror from petitioning an elected official or engaging in any other protected
first amendment activity after the protest period has run or any protest has
been resolved, whichever is later.

Violation of this provision will cause the proposal or offer of the Offeror to be
found in violation and to be rejected.

4.15 PROPRIETARY INFORMATION Offeror shall clearly mark any proprietary
information contained in its bid with the words “Proprietary Information.”
Offeror shall not mark any Solicitation Form as proprietary. Pricing data
shall not be considered proprietary. Marking all, or nearly all, of a bid as
proprietary may result in rejection of the bid.

Offerors acknowledge that the City is required by law to make certain records
available for public inspection. In the event that the City receives a request
for disclosure of Proprietary Information by any person, court, agency or
administrative body, or otherwise has a reasonable belief that it is obligated
to disclose the Proprietary Information to any such person or authority, the
City will provide Offeror with prompt written notice so that Offeror may seek
a protective order or other appropriate remedy. The Offeror, by submission
of materials marked Proprietary Information, acknowledges and agrees that
the City will have no obligation to advocate for non-disclosure in any forum or
any liability to the Offeror in the event that the City must legally disclose the
Proprietary Information.

City of Glendale
Solicitation Number: RFP 24-12 /42400022
Vehicle Glass Replacement, Repair, and Window
Tinting Services
CITY OF GLENDALE
Procurement Division
5850 West Glendale Avenue,
Suite 317
Glendale, Arizona 85301

rev.
12.11.2020

5.
SUBMISSION CHECKLIST

This section provides an overview of the submission instructions including a
checklist to aid in the submission of complete proposals. Offerors shall complete
the fillable “RESPONSE WORKBOOK” attachment and submit as their proposal.

Vendors are strongly advised to read this section in its entirety and complete the
checklist to avoid disqualification. Please note that the City will NOT be able to
consider proposals that are submitted late or that do not follow these guidelines.

The Offeror shall bear all costs associated with submitting the proposal, including
proposal preparation, site visitation or any travel connected with submission of
the proposal. The City shall have no liability whatsoever for such costs.

Checklist for Submitting Proposal
Complete
()
Submission Requirements
OFFER SHEET (Response Workbook)
Offeror Name
Offeror Address

1. Qualification and experience of key personnel who will be
directly involved in all elements of the Services.

Proof of Experience providing Street Sweeping Services or
similar services

2. Capacity and Equipment List

3. Safety Record

COMPLETED PRICING WORKBOOK – Entered $1.00 in the ITEMS
tabs (see paragraph 7 – Pricing submittal for Instructions

ADDENDUM RESPONSES (if applicable)

Return of Offer
•
Electronic copies of all "SUBMISSION REQUIREMENTS” listed
above. Pricing Workbook must be submitted separately from
the rest of the proposal.

rev.
12.11.2020

6.
SUBMISSION REQUIREMENTS

The proposal is every element of your response to this RFP. For this proposal, you
must provide a completed OFFER SHEET in addition to answering the questions
identified in the REQUIRED RESPONSES. (see Response Workbook)

Responses must be numbered to correspond to the question numbers to aid in
the evaluation process; failure to do so may result in disqualification.

Should your offer contain any PROPRIETARY INFORMATION you must clearly mark
that information with the words “Proprietary Information.” Only information
contained in your response questions may be marked as such, information on the
OFFER SHEET or PRICING SHEET (if applicable) are not considered proprietary.

Offerors acknowledge that the City is required by law to make certain records
available for public inspection. By submitting any materials marked as Proprietary
Information, Offeror acknowledges and agrees that the City will have no obligation
to advocate for non-disclosure in any forum or any liability to the Offeror if the City
must legally disclose the Proprietary Information.

7. PRICING SUBMITTAL

Pricing shall be entered using the Pricing Workbook and or Pricing Sheets withing
the required documents titled “Pricing Workbook” AND Offeror must complete the
Items Tab in City’s eProcurement system by adding $1.00 to all the items of
commodity in order for the Offeror to be considered.

City of Glendale
Solicitation Number: RFP 24-12 /42400022
Vehicle Glass Replacement, Repair, and Window
Tinting Services
EXHIBIT 1 – SPECIAL NOTICES

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

rev.
12.11.2020

EXHIBIT 1: SPECIAL NOTICES

By signing on the Offer/Bid page, solicitation Addendum(a), or cover letter
accompanying the submittal documents, Offerors are certifying that they
understand the following notices and agree to comply with all required terms and
conditions.
1.
RETURN OF OFFER
The Offeror shall submit required proposal responses electronically in
Vendor Self Service (VSS).
Offeror is required to register in VSS prior to submitting a proposal if they
have not already registered.
https://glendaleazvendors.munisselfservice.com/Vendors/default.aspx
Guide to Register as a new vendor:
https://www.glendaleaz.com/your_government/city_finances/procurement
/vendor_self_service___v_s_s_ (This is a PDF document “Vendor
Registration Instructions” at the bottom of page.)
a.
The Offeror shall complete all sections of the solicitation in the
format given and the spaces provided. Proposals that do not
conform to the above format may be rejected.
b.
The Offeror shall bear all costs associated with submitting the
proposal, including proposal preparation, site visitation or any travel
connected with submission of the proposal. The City shall have no
liability whatsoever for such costs.

2.
PRE-OFFER CONFERENCE
A Pre-Offer meeting will be held on the time and at the location shown on
page 1 of this document. Attendance is not required. Copies of the Request
for Proposal (RFP) will NOT be available.

The purpose of the conference will be to clarify the contents of the solicitation
to prevent any misunderstanding of the City of Glendale’s position. Any doubt
as to the requirements of the solicitation or any apparent omission or
discrepancy should be presented to the City at the conference. The City will
determine the appropriate action necessary, if any, and issue a written
amendment to the solicitation if required. Oral statements or instructions
will not constitute an amendment to the solicitation.

3.
NO CONTACT, NO INFLUENCE DURING THE RFP PROCESS
The City is conducting a competitive RFP process for the contract, free from
improper influence or lobbying. There shall be no contact concerning this

City of Glendale
Solicitation Number: RFP 24-12 /42400022
Vehicle Glass Replacement, Repair, and Window
Tinting Services
EXHIBIT 1 – SPECIAL NOTICES

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

rev.
12.11.2020

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.
From the time the RFP is issued until the expiration of the protest period or
the resolution of any protest, whichever is later (the “Silent Period”),
Offerors, directly or indirectly through others, are restricted from attempting
to influence in any manner the decision making process through, including
but not limited to, the use of paid media; contacting or lobbying the City
Council or City Manager or any other City employee (other than Procurement
employees); the use of any media for the purpose of influencing the outcome;
or in any other way that could be construed to influence any part of the
decision-making process about this RFP. This provision shall not prohibit an
Offeror from petitioning an elected official or engaging in any other protected
first amendment activity after the protest period has run or any protest has
been resolved, whichever is later.

Violation of this provision will cause the proposal or offer of the Offeror to be
found in violation and to be rejected.

4.
CONFLICT OF INTEREST
Contractor shall disclose the following: 1) the name(s) and position(s) of
each Contractor’s employee or subcontractor that participated in the
preparation of the submittal or who will be involved, directly or indirectly,
with performing the contract, if awarded; 2) the name(s) of any City of
Glendale employee who is a relative of persons identified pursuant to No. 1;
3) the name(s) and position(s) of Contractor’s personnel that have a
financial or proprietary interest in the contract; 4) the name(s) of any City of
Glendale employee who is a relative of persons identified pursuant to No. 3.

Providing such disclosure will not necessarily disqualify a Contractor.
Failure to disclose the requested information or any potential conflict of
interest pursuant to A.R.S. § 38-511 et seq. may result in rejection of the
proposal or bid or any contract being void or terminated.

For purposes of this provision, the following definitions apply:
i.
“Employee” means all persons who are employed on a full-time, part-
time or contract basis by the City of Glendale.
ii.
“Relative”
means
the
spouse,
child,
child’s
child,
parent,
grandparent, brother or sister of the whole or half blood and their
spouses and the parent, brother, sister or child of a spouse.

City of Glendale
Solicitation Number: RFP 24-12 /42400022
Vehicle Glass Replacement, Repair, and Window
Tinting Services
EXHIBIT 1 – SPECIAL NOTICES

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

rev.
12.11.2020

5.
INQUIRIES
Any question related to the Request for Proposal shall be directed to the
Procurement Officer whose name appears above. An Offeror shall not contact
or ask questions of the department for whom the requirement is being
procured. The Procurement Officer may require any and all questions be
submitted in writing. Offerors are encouraged to submit written questions
via electronic mail or facsimile, no later than FIVE days prior to the proposal
due date. Any correspondence related to a solicitation should refer to the
appropriate Request for Proposal number, page and paragraph number. An
envelope containing questions should be identified as such; otherwise, it may
not be opened until after the official proposal due date and time. Oral
interpretations or clarifications will be without legal effect. Only questions
answered by a formal written amendment to the Request for Proposal will be
binding.

6.
SPECIAL TERMS AND CONDITIONS

Additional terms and conditions specific to the provision of the services
referenced will be negotiated with the successful bidder for inclusion in the
contract.

7.
PUBLIC RECORD REQUIREMENTS

Offeror acknowledges that the City is a public agency and must comply with
all Public Records laws and proposals submitted become the property of the
City and are subject to public disclosure requirements in accordance with
Arizona Public Records Law. Any portion of the proposal that the offeror
deems confidential or proprietary must be clearly labeled as such. Labeling
material does not automatically preclude the material from public
disclosure, as the City is required to make an appropriate determination as
to the confidentiality of the material in accordance with Arizona Public
Records Law. It is the offeror’s sole responsibility and cost to take action,
including legal actions, to protect such material. Price is not confidential
and will not be withheld.

8.
PERMITS AND LICENSES
It is the offeror’s sole responsibility to determine and secure any and all
licenses and permits the contractor needs to operate the facility, from any
regulatory body having jurisdiction related to the services being provided.
Such costs are the exclusive responsibility of the operator, operator must
also ensure appropriate licensing of any sub-contractors, operator shall
notify the City in writing within two (2) working days of any suspension,
revocation or renewal.

9.
NO COLLUSION OR ANTI-COMPETITIVE PRACTICES
The submission of the offer did not involve collusion, and without any

City of Glendale
Solicitation Number: RFP 24-12 /42400022
Vehicle Glass Replacement, Repair, and Window
Tinting Services
EXHIBIT 1 – SPECIAL NOTICES

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

rev.
12.11.2020

agreement, understanding or planned common course of action with, any
other vendor of materials, supplies, equipment or services described in the
Request for Proposal, designed to limit independent bidding or competition
or other anti-competitive practices.

10.
NON-DISCRIMINATION
Contractor agrees not to 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 by bound to the same
requirements as stated within this section. Contractor, and on behalf of any
subcontractors, warrants compliance with this section.

11.
NO CONSIDERATIONS

The Contractor has not given, offered to give, nor intends to give at any time
hereafter, any economic opportunity, future employment, gift, loan, gratuity,
special discount, trip, favor, meal or service to a public servant in connection
with the submitted offer.

12.
AUTHORIZED AGENT

The individual signing the submittal is an authorized agent and has the
authority to bind the Offeror to the proposal and subsequent contract if
awarded.

13.
KEY PERSONNEL
If awarded, Offeror shall assign a specific individual as the key point of
contact for the management of the contract, subject to specific notification
requirements to be included in the final contract.

14.
SITE INSPECTION
It is the responsibility of the Offeror to become familiar with any conditions
which may affect the performance and cost of providing the service and this
submission will serve as evidence that the Offeror did, in fact, make a site
inspection and is aware of all conditions.

City of Glendale
Solicitation Number: RFP 24-12 /42400022
Vehicle Glass Replacement, Repair, and Window
Tinting Services
EXHIBIT 2 SPECIAL TERMS AND CONDITIONS
CITY OF GLENDALE
Procurement Division
5850 West Glendale Avenue,
Suite 317
Glendale, Arizona 85301

rev.
12.11.2020

EXHIBIT 2: SPECIAL TERMS AND CONDITIONS

By signing on the Offer/Bid page, solicitation Addendum(a), or cover letter
accompanying the submittal documents, Offerors are certifying that they
understand the following notices and agree to comply with all required terms and
conditions. The following terms are found on the City’s Website and are applicable
to Request for Proposal: Standard Terms and Conditions

1. TYPE OF AWARDS
The City reserves the right to make multiple awards or to award by individual
line items, 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"
offers shall be rejected.

8.1
ALTERNATE OFFERS

Offers submitted as alternates, or on the basis of exceptions to specific
conditions of purchase and/or required specifications, must be submitted
as an attachment referencing the specific paragraph number(s) and
adequately defining the alternate or exception submitted. Detailed product
brochures and/or technical literature, suitable for evaluation, must be
submitted with the offer. If no exceptions are taken, City will expect and
require complete compliance with the specifications and all Conditions of
Purchase.

8.2
EFFECTIVE PERIOD OF OFFER Offers shall be valid for a minimum of 120
days following the deadline for submitting offers. If an award is not made
during that period, all offers shall be automatically extended for another 120
days. Offers will be automatically renewed until such time as either an award
is made, or proper Notice is given to the Procurement Officer of Offeror’s
intent to withdraw its offer. Offers may only be withdrawn by submitting
Notice at least 15 days before the expiration of the then current 120-day
period.

8.3
PAYMENT TERMS If payment terms are not indicated, terms of NET 30 days
shall be applied by the City. Payment terms to apply after receipt of invoice
or final acceptance of the products/services, whichever is later. Payment
terms offering less than 20 days for payment will not be considered.

8.4
UNIT PRICE TO PREVAIL In the event of a price disparity between the unit
and extended price, the unit price shall prevail unless judged obviously in
error by the City.

rev.
12.11.2020

8.5
OFFER ERRORS OMISSIONS AND CORRECTIONS The City will not be
responsible for any offeror errors or omissions. All prices and notations shall
be written in ink or typed. Changes or corrections made on the offer form
must be initialed in ink by the individual signing the offer. No corrections will
be permitted after the offers have been opened.

8.6
BRAND NAME REFERENCES AND TECHNICAL SPECIFICATIONS Brand
names or manufacturer's references shall be construed as a quality or
performance level and does not indicate the item cited is mandatory.
Technical specifications define the acceptable standard.

8.7
RESTRICTIVE OFFER PROVISIONS If specifications preclude an otherwise
qualified offeror from submitting an offer, a written request for modification
must be received by the Buyer at least seven (7) calendar days prior to the
proposal due date. All offerors will be notified by a written addendum to the
solicitation of any approved changes.

8.8
DEFAULT In case of default by the contractor, the City may, by written
notice, cancel this contract and repurchase from another source and may
recover the excess costs by (1) deduction from an unpaid balance due; (2)
collection against the bid and/or performance bond; or (3) a combination of
the aforementioned remedies or other remedies as provided by law.
8.9
TERMINATION FOR CONVENIENCE The City reserves the right to terminate
any order or contract upon thirty days written notice. The City will be
responsible only for those standard items which have been delivered and
accepted. If the items are unique and not saleable or useable for any other
application, the City will reimburse the Seller for actual labor, material, and
burden costs, plus a profit not to exceed 8%. Title to all materials, work-in-
process, and completed but undelivered goods will pass to the City after
costs are claimed and allowed.

8.10 SUB-CONTRACTING The contract or any portion thereof, shall not be sub-
contracted without the prior written approval of the Materials Manager. No
such approval will be construed as making the City a party of or to such sub-
contract or subjecting the City to liability of any kind to any sub-contractor.
No sub-contract shall, under any circumstances, relieve the contractor of
liability and obligation under this contract; and despite any such subletting
the City shall deal through the contractor. Sub-contractors will be dealt with
as workmen and representatives of the contractor.

8.11 SAFETY DATA SHEETS (SDS). Contractor is to supply SDS) in accordance
with Federal requirements for The Globally Harmonized System of
Classification and Labeling of Chemicals (GHS). Contractor entering the City
workplace with hazardous materials will supply the City with a Safety Data

rev.
12.11.2020

Sheets (SDS) covering those particular products the contractor may expose
City employees or the general public to while working at the site.

8.12 GENERAL INDEMNIFICATION: Contractor shall indemnify, defend, save
and hold harmless the City of Glendale and its officers, officials, agents, and
employees (hereinafter referred to as “Indemnitee”) from and against any
and all claims, actions, liabilities, damages, losses, or expenses (including
court costs, attorneys’ fees, and costs of claim processing, investigation and
litigation) (hereinafter referred to as “Claims”) for bodily injury or personal
injury (including death), or loss or damage to tangible or intangible property
caused, or alleged to be caused, in whole or in part, by the negligent or willful
acts or omissions of Contractor or any of its owners, officers, directors,
agents, employees or subcontractors. This indemnity includes any claim or
amount arising out of or recovered under the Workers’ Compensation Law or
arising out of the failure of such Contractor to conform to any Federal, State
or local law, statute, ordinance, rule, regulation or court decree. It is the
specific intention of the parties that the Indemnitee shall, in all instances,
except for Claims arising solely from the negligent or willful acts or omissions
of the Indemnitee, be indemnified by Contractor from and against any and
all claims. It is agreed that Contractor will be responsible for primary loss
investigation, defense and judgment costs where this indemnification is
applicable. In consideration of the award of this contract, the Contractor
agrees to waive all rights of subrogation against the City, its officers, officials,
agents, and employees for losses arising from the work performed by the
Contractor for the City.

8.14 RESPONSIBILITY FOR COMPLIANCE WITH LEGAL REQUIREMENTS The
offeror's products, services, and facilities shall be in full compliance with all
applicable Federal, State, and local health, environmental, and safety laws,
regulations, standards, and ordinances, regardless of whether or not they
are referred to by the City.

8.15 RESPONSIBILITY FOR CORRECTION It is agreed that the offeror shall be
fully responsible for making any correction, replacement, or modification
necessary for specification or legal compliance. In the event of a call back,
Offeror agrees to give the City first priority. Offeror agrees that if the product
or service offered does not comply with the written specification, the
Materials Manager has the right to cancel the sale at any time with full refund
within thirty (30) calendar days after notice of noncompliance and offeror
further agrees to be fully responsible for any consequential damages suffered
by the City.
8.16 WARRANTY Unless otherwise specified, all items shall be guaranteed for a
minimum period of one year against defects in material and workmanship.
During the period, if a defect should occur, that item shall be repaired or

rev.
12.11.2020

replaced by the Seller at no obligation to the City, except where it be shown
that the defect was caused by misuse and not by faulty manufacture. The
offeror expressly warrants all items to be new, free from defects in design,
materials, and workmanship, and to be fit and sufficient for their intended
purpose. Any sample submitted shall create an expressed warranty that the
whole of the goods shall conform to the sample or model.

8.17 REJECTION OF OFFERS The City reserves the right to reject any or all offers,
or any part thereof; to accept any offer or any part thereof; or to waive any
informalities when it is deemed to be in the City's best interest.

8.18 DELAY IN EXERCISING CONTRACT REMEDY Failure or delay by the City to
exercise any right, power, or privilege shall not be deemed a waiver thereof.

8.19 TAX EXEMPTION The City is exempt from paying Federal Excise Taxes and
will furnish an exemption certificate upon request.

8.20 ORDER OF PRECEDENCE In the event of conflict, the following precedence
shall prevail: (1) Special Terms and Conditions incorporated by attachment;
(2) Special Terms and Conditions; (3) Drawings and Specifications; (4)
referenced documents; and (5) the Standard Terms and Conditions.

8.21 CHANGES The City reserves the right to make changes in any of the
following: (a) specifications; (b) methods of shipment; (c) place of delivery;
(d) time of delivery; (e) quantities. If any change causes an increase or
decrease in the cost of or the time required for performance, an equitable
adjustment may be made in the price or delivery schedule, or both. Any claim
for adjustment shall be deemed waived unless asserted in writing within
thirty days from receipt of the change. Price increases or extensions of
delivery time shall not be binding on the City unless in writing and approved
by the Materials Manager prior to the institution of the change.

8.22 PRICE ADJUSTMENTS Price adjustments shall be addressed a minimum of
sixty (60) days prior to the contract renewal date, shall be in writing and
include supportive justification for the proposed increase. Supportive
justification means that the request shall include detailed information and
calculations that make it clear how the claimed increase has an impact on
the contract unit prices. The requested price increase must be based upon
a cost increase that was clearly unpredictable at the time of the offer and
can be shown to directly affect price of the item concerned. The rate increase
shall only be considered at time of contract extension. The City will review
the request and shall determine if the increase shall be granted or if an
alternate option is in the best interest of the City. The price increase

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12.11.2020

adjustment, if approved, will be effective and executed via a contract
amendment.

8.23 LATE SUBMISSION OF CLAIM The City will not honor any invoices or claims
which are tendered one year after the last item of the account accrued.

8.24 PROTEST OF AWARD Any person who has an objection to the awarding of a
solicitation by the City, pursuant to competitive solicitation procedures, shall
lodge that protest, in writing, with the Materials Manager. The protest should
specifically identify the objection to the award, pursuant to the formal
purchase procedure. The protest must be submitted no later than seven
(7) calendar days after the notice of intent to award is posted on the City's
Procurement
Internet
home
page
at
https://www.glendaleaz.com/your_government/city_finances/procurement
/notice_of_intent_to_award. Untimely protests will not be considered.

8.25 REMEDIES City shall have, in addition to the remedies provided herein, all
remedies afforded by the Uniform Commercial Code as adopted by the State
of Arizona. Contractor shall have, subject to the limitation imposed by the
terms of this agreement, all remedies afforded by the Uniform Commercial
Code as adopted by the State of Arizona.

8.26 ASSIGNMENT Neither an order nor monies due thereunder shall be assigned
in whole or in part without the City's prior written consent.

8.27 ADDENDA Any change to the proposal will be in the form of a numbered
addendum issued by the Procurement Division. The addendum will be
furnished to all who received the proposal. The City will not be responsible
for any oral or written instructions made by any employees, officers,
contracted consultant or agent of the City in regard to the proposal. The City
will not be responsible for offerors adjusting their offer based on oral or
written instructions.

8.28 SPECIAL ACCOMMODATIONS Please contact Procurement at 930-2862 at
least 3 days prior to the meeting for special accommodation. Hearing
impaired persons, please use the Arizona Relay Service (1-800-367-8939).

8.29 OFFER IDENTIFICATION The City is not responsible for the pre-opening of,
post-opening of, or the failure to open, an offer not properly addressed or
identified.

8.30 OFFER TABULATION An electronic copy of the scoring may be requested by
e-mailing the Procurement office at procurement@glendaleaz.com and
referencing the proposal title and number. The information will be available

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12.11.2020

for distribution when the City has completed its evaluation process of the
offers received.

8.31 LIABILITY Except for the sole negligence of the City, its officers, managers,
employees, or agents, Contractor shall be liable to the City for any physical
damage to City property or for the death of, or personal injury to, City
personnel arising out of Contractor's occupancy, maintenance, repair,
replacement, installation and/or any other work performed pursuant to the
contract. Contractor agrees to indemnify, defend and hold the City harmless
from any claim or loss arising from such damage or injury.

8.32 OSHA GUIDELINES The contractor shall be familiar with and operate within
the guidelines set forth by the Occupational Safety and Health Act.

8.33 PATENTS Seller agrees to defend City at seller's own expense, in all suit,
actions, or proceedings in which City is made a defendant for actual or
alleged infringement of any United States of America or foreign letters patent
resulting from City’s use of the goods purchased as a result of this RFP.
Seller further agrees to pay and discharge any and all judgments or decrees,
which may be rendered in any such suit, action or proceedings against City.
Seller agrees to indemnify and hold harmless the City from any and all
license, royalty and proprietary fees or costs, including legal costs, which
may arise out of City’s purchase and use of goods supplied by the seller. It
is expressly agreed by seller, that these covenants are irrevocable and
perpetual.

8.34 VENDOR PERFORMANCE Prior offeror performance in regard to product,
service, or representation of/from the offeror may be used in evaluation of
this offer. Unsatisfactory performance to the City may be considered
sufficient grounds for rejection of this offer. No offer will be awarded to any
offeror who is in default on any contract with the City.

8.35 PERFORMANCE SURETY REQUIREMENTS The performance sureties
shall be in the form of a bond, cashier's check, certified check or money
order. Personal or company checks are not acceptable unless certified.
Letters of credit are not acceptable. Individual sureties are
not
acceptable.

PERFORMANCE SURETY The successful proposer shall, at the time of
entering into the contract, furnish a performance surety in the form of a
bond, money order or certified or cashier's check, in the amount of 10
percent of the contract amount guaranteeing the faithful performance of
the contract by the proposer.

rev.
12.11.2020

If a bond is submitted, it shall be written on the form provided by the
City as an attachment to the proposal documents. The attorney-in-fact
who executes the bond on behalf of the surety shall affix to the bond a
certified and current copy of the power of attorney. The bond must be
written by a surety with a Best Rating no less than an A and must be
authorized and licensed to do business in this State by the Arizona
Department of Insurance. Individual sureties and letters of credit are not
acceptable.

8.36 FUND APPROPRIATION CONTINGENCY The contractor and the City
recognize that the continuation of any contract after the close of any given
fiscal year of the City; which ends on June 30, shall be subject to the approval
of the budget of the City providing the contract item is an expenditure
therein. The City does not guarantee that the budget item will be actually
adopted, as it is the determination of the City Council at the time of the
adoption of the budget.

8.37 NOTIFICATION OF AWARD The successful offeror(s) will be notified that
their offer has been accepted by the City Council as recommended for award.

8.38 NON-EXCLUSIVITY The City, in its sole discretion, reserves the right to
request the materials or services set forth herein from other sources when
deemed necessary and appropriate. No exclusive rights are included in this
Agreement.

8.39 PROHIBITIONS - Contractor, and on behalf any subcontractor, certifies, to
the extent applicable under A.R.S. §§ 35-391 et seq and 35-393 et seq, that
neither has "scrutinized" business operations, as defined in the proceeding
statutes, in the countries of Sudan or Iran.

8.40 IMMIGRATION LAW COMPLIANCE Contractor, and on behalf any
subcontractor, warrants, to the extent applicable under A.R.S. § 41-4401,
compliance with all federal immigration laws and regulations that relate to
their employees as well as compliance with A.R.S. § 23-214(A) which
requires registration and participation with the E-Verify Program. Any
breach of warranty described above is considered a material breach of this
Agreement and is subject to penalties up to and including termination of this
Agreement. City of Glendale (“City”) retains the legal right to inspect the
papers of Contractor or subcontractor employee who performs work under
this Agreement to ensure that Contractor or any subcontractor is compliant
with the warranty described above. City may conduct random inspections,
and upon request of the City, Contractor shall provide copies of papers and
records demonstrating continued compliance with the warranty described
above. Contractor agrees to keep papers and records available for

rev.
12.11.2020

inspection by the City during normal business hours and will cooperate with
City in exercise of its statutory duties and not deny access to its business
premises or applicable papers or records for the purposes of enforcement of
this Section. Contractor agrees to incorporate into any subcontracts under
this Agreement the same obligations imposed upon itself and expressly
accrue those obligations directly to the benefit of the City. Contractor also
agrees to require any subcontractor to incorporate into each of its own
subcontracts under this Agreement the same obligations above and
expressly accrue those obligations to the benefit of the City. Contractor’s
warranty and obligations under this Section I to the City is continuing
throughout the term of this Agreement or until such time as the City
determines, in its sole discretion, that Arizona law has been modified in that
compliance with this section is no longer a requirement. The “E-Verify
Program” above means the employment verification program administered
by the United States Department of Homeland Security, the Social Security
Administration, or any successor program.

8.41 CONTRACT ADMINISTRATOR The staff member identified as the Contract
Administrator for a solicitation serves as the liaison between Procurement,
the city and the successful contractor. The Contract Administrator manages
the contract, overseeing the daily operations, scheduling, performance and
compliance of the agreement by all parties. The Contract Administrator is
responsible for:
a. Establishing and maintaining records and documentation
b. Monitoring the contractor’s performance
c. Handling issues and disputes
d. Exercising extension options
e. Initiating contract modifications
f. Initiating rebids or new solicitations

8.42 FORCE MAJEURE
a.
Except for payment of sums due, neither party shall be liable to the
other nor deemed in default under this contract if and to the extent
that such party’s performance of this Contract is prevented by reason
of force majeure. The term “force majeure” means an occurrence that
is beyond the control of the part affected and occurs without its fault
or negligence. Without limiting the foregoing, force majeure includes
acts of God; acts of the public enemy; war; riots; strikes; mobilization;
labor disputes; civil disorders, fire; flood; lockouts; injunctions-
interventions-acts; or failures or refusals to act by government
authority; and other similar occurrences beyond the control of the
party declaring force majeure which such party is unable to prevent
by exercising reasonable diligence.

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12.11.2020

b.
Force majeure shall not include the following circumstances:
i.
Late delivery of equipment or materials caused by congestion
at a manufacturer’s plant or elsewhere, or an oversold
condition of the market.
ii.
Late performance by a subcontractor unless the delay arises
out of a force majeure occurrence in accordance with this force
majeure term and condition; or
iii.
Inability of either the Contractor or any subcontractor to
acquire or maintain any required insurance, bonds, licenses or
permits.

8.43 SUSPENSION AND DEBARMENT. (APPLIES TO ALL PURCHASES.)
a. This contract is a covered transaction for purposes of 2 CFR pt. 180 and
2 CFR pt. 3000. As such, the Contractor is required to verify that none of
Contractor’s principals (defined at 2 CFR § 180.995) or its affiliates
(defined at 2 CFR § 180.905) are excluded (defined at 2 CFR § 180.940)
or disqualified (defined at 2 CFR § 180.935).
b. The Contractor must comply with 2 CFR pt. 180, subpart C and 2 CFR
pt. 3000, subpart C, and must include a requirement to comply with
these regulations in any lower tier covered transaction it enters into.
c. This certification is a material representation of fact relied upon by the
City of Glendale. If it is later determined that the contractor did not
comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C, in
addition to remedies available to the City, the Federal Government may
pursue available remedies, including but not limited to suspension
and/or debarment.
d. The Contractor agrees to comply with the requirements of 2 CFR pt. 180,
subpart C and 2 CFR pt. 3000, subpart C while this offer is valid and
throughout the period of any contract that may arise from this offer. The
Contractor further agrees to include a provision requiring such
compliance in its lower tier covered transactions.

City of Glendale
Solicitation Number: RFP 24-12 /42400022
Vehicle Glass Replacement, Repair, and Window
Tinting Services
EXHIBIT 3 INSURANCE REQUIREMENTS
CITY OF GLENDALE
Procurement Division
5850 West Glendale Avenue,
Suite 317
Glendale, Arizona 85301

rev.
12.11.2020

EXHIBIT 3: INSURANCE REQUIREMENTS

INSURANCE Contractor shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder and the results of that
work by the Contractor, his agents, representatives, employees or sub-Contractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE

Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance covering CGL on an
“occurrence” basis, including products-completed operations, personal &
advertising injury, with limits no less than $1,000,000 per occurrence,
$2,000,000 aggregate. If a general aggregate limit applies, either the
general aggregate limit shall apply separately to this project/location or the
general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance covering any auto (Code 1), or if
Contractor has no owned autos, hired, (Code 8) and non-owned autos
(Code 9), with limit no less than $1,000,000 per accident for bodily injury
and property damage.
3. Workers’ Compensation: as required by the State of Arizona, with
Statutory Limits, and Employer’s Liability Insurance with limit of no less
than $1,000,000 per accident for bodily injury or disease.

If the Contractor maintains higher limits than the minimums shown above, the City
requires and shall be entitled to coverage for the higher limits maintained by the
Contractor.

Other Insurance Provisions The insurance policies are to contain, or be endorsed to
contain, the following provisions:

1. Additional Insured Status The City, its officers, officials, employees, and
volunteers are to be covered as additional insured’s on the CGL policy with
respect to liability arising out of work or operations performed by or on
behalf of the Contractor including materials, parts, or equipment furnished
in connection with such work or operations.
2. Primary Coverage For any claims related to this contract, the Contractor’s
insurance coverage shall be primary insurance as respects the City, its
officers, officials, employees, and volunteers. Any insurance or self-
insurance maintained by the City, its officers, officials, employees, or

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volunteers shall be excess of the Contractor’s insurance and shall not
contribute with it.
3. Notice of Cancellation Each insurance policy required above shall provide
that coverage shall not be canceled, except with notice to the City.

4. Waiver of Subrogation Contractor hereby grants to City a waiver of any
right to subrogation which any insurer of said Contractor may acquire
against the City by virtue of the payment of any loss under such insurance.
Contractor agrees to obtain any endorsement that may be necessary to
affect this waiver of subrogation, but this provision applies regardless of
whether or not the City has received a waiver of subrogation endorsement
from the insurer.
5. Acceptability of Insurers Insurance is to be placed with insurers with a
current A.M. Best’s rating of no less than A:VII, unless otherwise
acceptable to the City.
6. Verification of Coverage Contractor shall furnish the City with original
certificates and amendatory endorsements, or copies of the applicable
policy language effecting coverage required by this clause. All certificates
and endorsements are to be received by the Contract Administrator and
approved by the City before work commences. DO NOT SEND
CERTIFICATES TO RISK MANAGEMENT. However, failure to obtain the
required documents prior to the work beginning shall not waive the
Contractor’s obligation to provide them. The City reserves the right to
require complete, certified copies of all required insurance policies,
including endorsements required by these specifications, at any time.
7. Special Risks or Circumstances City reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior
experience, insurer, coverage, or other special circumstances.

INDEMNIFICATION CLAUSE:

To the extent allowed by law, Contractor shall defend, indemnify, and hold harmless the
City of Glendale, and its departments, boards, commissions, officers, officials, agents,
employees and volunteers (hereinafter referred to as “Indemnitee”) from and against any
and all claims, actions, liabilities, damages, losses, or expenses (including court costs,
attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter
referred to as “Claims”) for bodily injury or personal injury (including death), or loss or
damage to tangible or intangible property caused, or alleged to be caused, in whole or in
part, by the negligent or willful acts or omissions of Contractor or any of its owners,
officers, directors, agents, employees or subcontractors. This indemnity includes any
claim or amount arising out of, or recovered under, the Workers’ Compensation Law or
arising out of the failure of such contractor to conform to any federal, state, or local law,
statute, ordinance, rule, regulation, or court decree. It is the specific intention of the
parties that the Indemnitee shall, in all instances, except for Claims arising solely from

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the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor
from and against any and all claims. It is agreed that Contractor will be responsible for
primary loss investigation, defense, and judgment costs where this indemnification is
applicable. In consideration of the award of this contract, the Contractor agrees to waive
all rights of subrogation against the City of Glendale, its officers, officials, agents,
employees, and volunteers for losses arising from the work performed by the Contractor
for the City of Glendale.

WORKERS’ COMPENSATION Contractor shall be in full compliance with the provisions of
the Arizona Workers’ Compensation Law (Title 23, Chapter 6, Arizona Revised Statutes)
as amended, and all rules and regulations of the Industrial Commission of Arizona made
in pursuance thereof. Contractor shall secure payment of compensation to employees by
ensuring the payment of such compensation with the State Compensation Fund or any
insurance company authorized by the Insurance Department of Arizona to transact
business in the State of Arizona.

Contractor further agrees that he shall require any and all sub-Contractors performing
work under the agreement to comply with said Workers’ Compensation Law. It is expressly
understood and agreed that all persons employed directly or indirectly by the Contractor,
or any of his sub-Contractors, shall be considered the employees of such Contractor, or
his sub-Contractor(s), and not the employees of the City.

EXHIBIT B
Vehicle Glass Replacement, Repair, and Window Tinting Services
COMPENSATION

METHOD AND AMOUNT OF COMPENSATION
Not to exceed $400,000 if all renewal options are excercised in accordance with Section 4 of the Agreement.
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 $400,000.
DETAILED PROJECT COMPENSATION
Pricing per contractor response is in the Pricing Workbook of RFP 24-12 (Attached).

• Pricing/Cost Workbook

Contractor must complete the Pricing Schedule below. Proposed pricing must not
increase for the first terms of the agreement or the first initial term whichever is greater.
Any items not clearly listed on Contractor’s submitted price proposal will be considered
included in Contractor’s price at no additional cost to the City.

All pricing should contemplate compliance with the performance requirements as
specified in the Scope of Work.

Instructions:
a.
The cost proposal must be submitted separately from the rest of the written
proposal.
b.
Cost proposals shall be quoted as an all-inclusive fixed fee for services.
c.
All inclusive – covers all direct and indirect necessary expenses including but not
limited to: travel, telephone, copying, and other out-of-pocket expenses.
d.
Not to Exceed – The actual fees shall not exceed the amount specified in fee
proposal.

PRICE SCHEDULE

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.

Bidder to provide dated copy of the current catalog and Published Catalog List Price
for any offered product line.

(Category 1)
GLASS REPLACEMENT/REPAIR

Light Duty Vehicles (Sedans/Chevrolet Tahoe’s/Trucks)

Estimated Quantity- 88
Percentage (%) of discount off approved Offeror price list/catalog:
40 %

Labor Rate (if applicable):

$130

Heavy Duty Vehicles
Estimated Quantity - 60
Percentage (%) of discount off approved Offeror price list/catalog: 40 %

Labor Rate (if applicable):

$130

Chip Repairs
Estimated quantity -10
Chip Repairs performed on any vehicle or equipment:
Each $ 50

(Category 2)
WINDOW TINTING AND QTY

Light Duty Vehicles (Sedans/Chevrolet Tahoe’s/Trucks)
Estimated Quantity – 10

Heavy Duty Vehicles
Estimated Quantity - 9

Light Duty:
Cost for full set of Vehicle Windows at one time: $375
Cost for Individual Windows: $75

Heavy Duty:
Cost for full set of Vehicle Windows at one time: $850
Cost for Individual Windows:$150

DISCOUNT/PAYMENT TERMS: The City standard is 2% 20 days

Comply:
YES X NO

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

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.

TAX AMOUNT Do not include any use tax or federal tax in your proposal.

OFFEROR NAME: Keith B Johnson DBA Real Cool Window Tinting & Glass LLC