_ITB-33-2026_-_Vehicle_Window_Tinting_Final_3.5.26_KBB.pdf

INVITATION TO BID

This Invitation to Bid (ITB) is subject to the instructions, conditions, specifications, addenda, and any other elements of this ITB, including those incorporated by reference.

DATE ISSUED: March 10, 2026

BID TITLE: ITB-33-2026 – Vehicle Window Tinting Services

CITY CONTACT PERSON: Cathy Smith, Purchasing Director

TELEPHONE NUMBER: 615-849-2629

EMAIL: purchasing@murfreesborotn.gov

All bid responses must be received and acknowledged by the Purchasing Department on or before the day and time listed below, at which time all bids will be publicly opened and read aloud via Zoom.

A link will be provided to all those registered as following this bid. Only electronic bids will be accepted; free registration for online procurement is located at:

https://procurement.opengov.com/portal/murfreesborotn

BID OPENING DATE: April 1, 2025

BID OPENING TIME: 2:00 p.m. CST (local time)

1. Instructions and Conditions

1.1 Bid Submission to the City of Murfreesboro. The City is seeking bids for “ITB-33-2026 – Vehicle Window Tinting Services” for the City of Murfreesboro Police Department located at 1004 N.

Highland, Murfreesboro, TN. The intent of the contracted services is for ALL City departments to utilize the contract pricing resulting from this ITB.

The scope of work is set forth in the specifications in Section 2 of this ITB. Electronic bids will be received by the City of Murfreesboro until 2:00 p.m. local time on April 1, 2026, at which time the bids will be opened via Zoom.

1.2 Deadline and Late Responses. No bids received after bid opening date and time will be accepted.

Bids received by the Purchasing Department after the specified time will be considered late. The City shall not be responsible for bids that are mailed or sent via private delivery services. The City will not accept bids submitted by fax.

1.3 Organization of Bid and Completeness. Please submit one electronic copy to the Purchasing

Department office via the City’s e-procurement portal, OpenGov. Bidders must allow sufficient time to ensure receipt of the bid. It shall be the sole responsibility of the bidder to have the bid submitted to the City before the bid deadline. Partial or incomplete bids will be rejected. All bid responses should be typewritten. If not typewritten, they must be written in ink and clearly legible. Bidders are cautioned to verify their bid response prior to submission.

1.4 Signature. All bids must be signed by a duly authorized officer of the company empowered with the legal right to bind the company. A typed name will not be acceptable without the person’s written signature as well. Signatures are required where indicated; failure to comply with this requirement shall be cause for rejection of bid. All submitted bids must be binding for a period of one (1) year from the bid submission deadline.

1.5 Reponses to Terms and Conditions. Unless an exception is taken, the awarded contract will contain the requirements of this Invitation to Bid. In its sole discretion, the City reserves the right to either consider or reject any bid which takes exception to the specifications or attached contract.

1.6 Completeness of Invitation to Bid (“ITB”). These documents, and those listed on OpenGov, constitute the complete set of specification requirements and ITB. The bidder is responsible for ensuring that all pages and all addenda are received. The City advises all bidders to closely examine this ITB package and immediately direct any questions regarding the completeness of this ITB package and any addenda to the City’s Contact Person via the Question/Answer tab on OpenGov. Bidders must register with OpenGov to ensure that all relevant written communications are available to them in the preparation of their proposal. Registration can be accomplished through the website: https://procurement.opengov.com/portal/murfreesborotn

1.7 Bid Interpretation. Communication with the Purchasing Department. Cathy Smith is the City’s contact for coordinating communications between the department and firms submitting bids. If additional information is required in order to make an interpretation of items in this ITB, written questions (including e-mails) will be accepted until five (5) business days prior (3/25/2026) to the bid opening date. All questions regarding the ITB should be addressed via OpenGov Question/Answer Tab or to purchasing@murfreesborotn.gov.

mailto:purchasing@murfreesborotn.gov

The City specifically requests that no contact concerning this ITB be made with any other City personnel until the selection process has been completed. Failure to honor this requirement will be viewed negatively in the selection process and may result in the disqualification of a bid.

1.8 Discrepancies, Errors, and Omissions. Any discrepancies, errors, omissions, or ambiguities in this ITB, the specifications or addenda (if any) should be reported to the contact person for the City. If necessary, a written addendum will be issued on OpenGov, notification made to firms on record, and the addendum will be incorporated into the ITB and will become part of the contract. The City will NOT be responsible for any oral instructions, clarifications, or other communications and no such oral communication may be relied on by any bidder.

The City of Murfreesboro is not responsible for technical errors or omissions made by prospective bidders during the bid submission process that may result in a bid not being submitted, being submitted incompletely, or being submitted incorrectly. In the case of technical issues that are verified to be a City error, the Purchasing Department will take reasonable steps to resolve the issue so that the process remains fair to all bidders.

1.9 Errors. Certain mistakes may be corrected so long as the intended correct bid response is clearly evident. In the event of a disagreement between unit price and extended price, the unit price will control.

1.10 Further Negotiation. The City reserves the right to further negotiate, after the ITBs are opened, with any potential vendor if such is deemed necessary at the discretion of the City.

1.11 Economy of Preparation. ITB response should be prepared simply and economically, providing a straightforward, concise description of bidder’s capabilities to satisfy the requirements of the ITB.

Emphasis should be on completeness and clarity of content.

1.12 Subcontracting. No subcontracting of work will be allowed for this contract.

1.13 Bid Modification. Bids may be modified, withdrawn, and/or resubmitted in writing to the City prior to the deadline for bid submission via the procurement portal. After this deadline, no withdrawals or resubmissions may be made for any reason. Bidders must register with OpenGov to ensure that all relevant written communications are available to them in the preparation of their proposal. Registration can be accomplished through the website:

1.14 Tax Exempt. The City is exempt from federal and state taxes. Upon request, the City will provide a sales tax exemption certificate to the awarded firm. Contractors doing business with the City shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations to the City, nor shall any vendor be authorized to use the City’s Tax Exemption Number in securing such materials.

1.15 Contract Term. If an award is made, any contract resulting from this ITB will be effective on the date the contract is approved and signed by all parties. The term shall be one year, with the option of four additional one-year terms.

1.16 Pricing Effective for one (1) year. The successful bidder shall provide in the bid price the cost for the goods or services rendered. Pricing shall be effective for one year from date of bid award. If, in the bidder’s opinion, additional equipment or services are necessary, this shall be included with explanation in the bid. It is requested that bidders raise any such questions in advance of submitting a bid to the City. To submit a bid implies consent to the terms set forth in this ITB.

1.17 Approval Required. No award or acquisition can be made until approved by the City Council. The

City will not be obligated to bidders for equipment and/or services until the completion of a signed contract approved by authorized officials of the City. This solicitation in no manner obligates the City to the eventual rental, lease, or purchase of any equipment or services described, implied, or which may be proposed, until confirmed by a written contract. Progress towards this end is solely at the discretion of the City and may be terminated at any time prior to the signing of a contract.

1.18 Terms and Conditions. The City reserves the right to reject any and all bids, to waive any irregularities in a bid, to make awards to more than one bidder, to accept any part or all of a bid, or to accept the bid (or bids) which, in the judgment of the governing body, is in the best interest of the City. The City also reserves the right to make revisions to any quantity shown on the bid form dependent upon bid prices and available funding. Prices bid on each item shall be firm regardless of the actual quantity of item(s) purchased.

1.19 Withdrawal of Bid. No bidder may withdraw its bid for a period of ninety (90) calendar days after the date and time set for the opening of the responses. In the event the City awards a contract to a bidder and during such ninety (90) day period determines that such bidder will be unable to properly perform the contract, the City reserves the right to terminate the contract and award the contract to the next best offer without being required to re-advertise the project.

1.20 Cost of Response. The City will not be liable for any costs incurred by the bidders in preparing a response to this solicitation. Bidders will submit responses at their own risk and expense. The City makes no guarantee that any equipment or services will be purchased as a result of the solicitation and reserves the right to reject any and all responses. All responses and their accompanying documentation will become the record of the City.

1.21 Contract. The successful bidder’s responses to this ITB shall be included as an addendum to the contract. Should any conflict or discrepancy arise between the ITB and the contract, the contract shall control. All bidders who are awarded contracts pursuant to this ITB agree to be bound by the terms and conditions set forth in the attached sample City Contract. If the bidder objects to any contract terms or proposes any additional terms such objections and terms must be set forth in the bid. Rejection of any proposed City Contract terms may be a basis for rejection of the bid.

1.22 Contract Termination. The City reserves the right to cancel the contract for the work without cost or penalty to the City if, in the City’s opinion, there is a failure at any time by the contractor to adequately perform the contract, or if there is any attempt to willfully impose upon the City a material or product or workmanship which is, in the opinion of the City, of an unacceptable quality. Cancellation of the contract shall not impair any rights or claim of the City to damages for the breach of any covenants of the contract by the contractor. The contract awarded may be terminated upon any of, but not limited to, the following occurrences:

1.22.1 Bankruptcy or insolvency of the bidder or one or more of the bidder’s principal owners;

1.22.2 Failure of the bidder to provide satisfactory services or failure to comply with the specifications;

1.22.3 Unauthorized substitution of products other than those identified in the specifications or specifically approved by the City as a substitute prior to award of the contract;

1.22.4 Unsatisfactory performance of products supplied by the bidder or services provided by the bidder;

1.22.5 Fraud; or

1.22.6 Any other breach of the terms of the ITB specifications or contract.

1.23 Contract Modification. The contract may be modified only by written amendment executed by all parties and their signatories hereto.

1.24 Replacement or Repair. No waiver of any provision of the contract shall affect the right of any party thereafter to enforce such provision or to exercise any right or remedy available to it in the event of any other default. The City, at its option and in lieu of immediate termination, may request the awarded bidder replace or repair any defective goods or correct performance by written notice to the contractor. In that event, the contractor shall take correct action within the amount of time specified by the City in the written notice. Exercise of this option shall not relieve the contractor of any liability to the City for damages for the breach of any covenants of the contract by the contractor.

1.25 Expense of Legal Action. Awarded bidder agrees that, in the event either party deems it necessary to take legal action to enforce any provision of the contract, and in the event the City prevails, awarded bidder shall pay all expenses of such action including the City’s attorney fees and costs at all stages of the legal action.

1.26 Governing Laws. The validity, construction, and effect of the contract, and any and all extensions and/or modifications thereof shall be governed by the laws of the State of Tennessee.

1.27 Severability. Should any provision of the contract be declared to be invalid by any court of competent jurisdiction, such provision shall be severed and shall not affect the validity of the remaining provisions of the contract. Any action between the parties arising from this agreement shall be maintained in the courts of Rutherford County, Tennessee.

1.28 Indemnification and Hold Harmless.

1.28.1 Contractor must indemnify, defend, and hold harmless the City, its officers, agents and employees from any claims, penalties, damages, costs and attorney fees (“Expenses”) arising from injuries or damages resulting from, in part or in whole, the negligent or intentional acts or omissions of contractor, its officers, employees and/or agents, including its subcontractors or independent contractors, in connection with the performance of this Agreement, and, Expenses arising from any failure of Contractor, its officers, employees and/or agents, including its subcontractors or independent contractors, to observe applicable laws, including, but not limited to, labor laws and minimum wage laws.

1.28.2 Pursuant to Tennessee Attorney General Opinion 93-01, the City will not indemnify, defend or hold harmless in any fashion Contractor from any claims arising from any failure, regardless of any language in any attachment or other document that Contractor may provide.

1.29 Statutory Disqualification. By submitting a response, it is represented that neither Contractor nor any of its officers, directors, shareholders, member, or partners has been convicted or plead guilty or nolo contender to any violation of the Sherman Anti-Trust Act, mail fraud, or other state or federal criminal violation in connection with a contract let by the City of Murfreesboro or any political subdivision of the State of Tennessee.

1.30 Contractor’s Employment Practices. Bidder, after being first duly sworn, affirms that by its employment policy, standards and practices, it does not subscribe to any personnel policy which permits or allows for the promotion, demotion, employment, dismissal or laying off of any individual due to the individual’s race, creed, color, national origin, age or sex and it is not in violation of and will not violate any applicable laws concerning the employment of individuals with disabilities.

1.31 City’s Employment Practices. It is the policy of the City not to discriminate on the basis of age, race, sex, color, national origin, or disability in its hiring and employment practices, or in admission to, access to, or operation of its programs, services, and activities. With regard to all aspects of this contract, Bidder certifies and warrants it will comply with this policy. Bidder must affirm that under its employment policies, standards and practices, it does not subscribe to any personal policy which permits or allows for the promotion, demotion, employment, dismissal or laying off of any individual due to the individual’s race, creed, color, national origin, age or sex and that it is not in violation of and will not violate any applicable laws concerning the employment of individuals with disabilities.

1.32 Non-Discrimination. It is the policy of the City not to discriminate on the basis of age, race, sex, color, national origin, veteran status, disability, or other status or class protected under federal or state law in its hiring and employment practices, or in admission to, access to, or operation of its programs, services, and activities. With regard to all aspects of this Agreement, Contractor certifies and warrants it will comply with this policy. No person may be excluded from participation in, be denied benefits of, be discriminated against in the admission or access to, or be discriminated against in treatment or employment in the City’s contracted programs or activities, on the grounds of handicap and/or disability, age, race, color, religion, sex, national origin, or any other classification protected by federal or Tennessee State Constitutional or statutory law; nor may they be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of contracts with the City or in the employment practices of the City’s Contractors. Accordingly, all proposers entering into contracts with the City may upon request be required to show proof of such nondiscrimination and to post in conspicuous places that are available to all employees and applicants, notices of nondiscrimination.

1.33 Conflict of Interest. By submitting a response, it is represented that no officer, committee member, or director of the City or other persons whose duty is to vote for, let out, overlook, or in any manner supervise any work on any contract for the City has a “direct interest”, as defined by T.C.A. §12-4-101, in the bidder or in the work which is subject to this ITB.

1.34 Ethical Standards. Bidder understands that is shall be a breach of ethical standards for any person to offer, give or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept or agree to accept from another person, a gratuity of an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy or other particular matter, pertaining to any program requirement of a contract or subcontract or to any solicitation or bid therefore.

1.35 Breach of Ethical Standards. A breach of ethical standards could result in civil/or criminal sanctions and/or debarment or suspension from being a contractor or subcontractor under City contracts.

1.36 Payments. Payments under the contract shall be made upon submittal of an invoice after performance of the portion of the services which each payment represents. The final payment shall not be made until after the performance is complete. All invoices shall be sent to:

accountspayable@murfreesborotn.gov

1.37 Codes and Regulations. All services and work to be done must comply with City, county, state, and federal laws, rules, codes, and regulations. All work must abide by T.C.A. §55-9-107, which explicitly describes State law regarding acceptable vehicle window tinting. All work shall be in accordance with the specifications as described in Section 2. The contractor will obtain and pay for all permits, if any, necessary to complete the work. Contractor shall provide certification that the tinting is legal and abides by all codes and regulations.

1.38 Iran Divestment Act of Tennessee. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each bidder is not on the list created pursuant to §12-12-106. Bids not conforming with this provision shall not be opened. Failure of any bidder to comply therewith shall void such bid and such bid shall not be considered.

1.39 Non-Boycott of Israel. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each supplier is not boycotting Israel pursuant to TCA § 12-4-119and will not boycott Israel during the term of contract. This applies to contracts of $250,000 or more and to contractors with ten (10) or more employees.

1.40 Evaluation of Bid. Any contract awarded pursuant to this ITB shall be awarded to the lowest responsive and responsible bidder whose bid response meets the requirements and criteria set forth in this ITB. A “responsive bidder” means a person who has submitted a bid response, which conforms in all material respects to the ITB. A “responsible” bidder means a person who has the capacity, reputation, and experience in all respects to perform fully the contract requirements and the integrity and reliability, which will assure good faith performance within the time specified without delay or interference. The City may make such investigations as deemed necessary to determine the ability of the bidder to provide the products and services required by the bid package. Any items proposed deemed not of equal and/or better and of comparable quality as that specified shall be cause for rejection of a bid. The City will evaluate bid based on lowest cost which fully conforms to specifications and whether the proposed costs and terms are, in the City’s judgment, consistent with current market pricing, appropriate for the services provided, and commensurate with the level of quality expected. In addition to the price, the following aspects will be considered in the award of a contract:

mailto:accountspayable@murfreesborotn.gov

1.40.1 The ability of the bidder to perform the contract or to provide the material for service required;

1.40.2 Whether the bidder can perform the contract and provide the material or service promptly or within the time specified without delay or interference;

1.40.3 The character, integrity, reputation, experience, and efficiency of the bidder;

1.40.4 The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;

1.40.5 The ability of the bidder to provide future maintenance and service for the use of the subject contract;

1.40.6 Terms and conditions stated in the bid;

1.40.7 Compliance with specifications or the ITB;

1.40.8 Utilization of the format set forth in this ITB for submittal of a bid; and,

1.40.9 Bidder’s past performance with the City.

1.41 Bidder’s Compliance. The City will evaluate proposals for compliance and completeness.

1.42 Insurance. During the term of this bid and subsequent contract, the successful bidder must maintain comprehensive general liability insurance with limits of not less than $1,000,000, as well as automotive and workers’ compensation insurance policies. Contractor will provide to the City: (i) a standard certificate of insurance evidencing this coverage prior to commencement of work and upon renewal or expiration of the policies reflected thereupon, (ii) upon request, an endorsement naming the City as additional insured under the terms of the policy as follows: “The City of Murfreesboro, Tennessee, its officers, employees, contractors, consultants, and agents.”

2.Scope of Work/Specifications

Purpose. The purpose of this Invitation to Bid is to solicit and contract with vendors to provide Vehicle Window Tinting Services as identified in the Scope of Work provided in this ITB. The City intends to award more than one responsive and responsible bidder. Bidders should have a proven record of professional workmanship in vehicle window tinting. The City shall strive to equally distribute the tinting services on a rotating basis and based on availability of Contractor.

The City vehicle fleet is comprised of approximately 706 vehicles, which includes vehicles such as sedans, police cruisers, pickup trucks, vans, specialty vehicles (including large trucks and a variety of fire apparatus such as pumpers, ladders, and heavy rescue equipment), along with off-road equipment. The contractor is not required to have experience in servicing all types of vehicles listed above.

2.1 General Scope of Work.

The Contractor shall provide vehicle window tinting service for City-owned vehicles on an as-needed basis, to include, but not limited to, sedans, police cruisers, pickup trucks, vans, as well as other vehicles the City designates. The agreement resulting from this solicitation will be awarded to several different Contractors based on the lowest responsive and responsible bids received for the services for various City-owned vehicles.

2.2 General Requirements

The Contractor shall:

1) Perform the work using its facilities, equipment, and labor. The Contractor shall not subcontract any portion of the work under the resulting agreement.

2) Maintain all necessary licenses, permits, and certifications relating to the vehicle window tinting services during the term of the contract.

3) Provide upon request by the City proof of experience of projects/services provided within the past five years.

4) Own/operate a full-time facility that is equipped with all tinting and installation tools, diagnostic and cleaning equipment, and supplies necessary to provide window tinting services for specified vehicles and equipment. The window tinting facility shall be located within 10 miles of the City limits with the ability to be reached by email and telephone.

5) Maintain a storage area that is secure from vandalism or theft for all City vehicles/equipment in the Contractor’s possession.

6) Have a minimum of two (2) service technicians, qualified to work on the specified vehicles/equipment. The Contractor shall submit proof of technician experience, certifications, and/or training, within five (5) working days of request by the City.

7) Comply with all federal, State, and local codes, rules, and regulations concerning safety requirements. Contractor must comply with current T.C.A. §55-9-107, regardless of instructions from City staff delivering the vehicle. The City will not pay for tinting that violates State law.

§T.C.A. 55-9-107 states in part:

(a)(1) It is unlawful for any person to operate, upon a public highway, street or road, any motor vehicle in which any window that has a visible light transmittance equal to, but not less than, that specified in the Federal Motor Vehicle Safety Standard No. 205, codified in 49 CFR 571.205, has been altered, treated or replaced by the affixing, application or installation of any material that:

(A) Has a visible light transmittance of less than thirty-five percent (35%); or

(B) With the exception of the manufacturer's standard installed shade band, reduces the visible light transmittance in the windshield below seventy percent (70%).

• (2) Any person who installs window tinting materials in this state for profit, barter, or wages or commissions is defined as a "professional installer" for the purposes of this section; and it is unlawful for a professional installer to apply tinting materials to any motor vehicle so as to cause that motor vehicle to be in violation of this section.

• (3) All professional installers of window tinting materials shall supply and shall affix to the lower right corner of the driver's window an adhesive label, the size and style of which shall be determined by the commissioner of safety, that includes:

o (A) The installer's business name; and o (B) The legend "Complies with Tennessee Code Annotated, § 55-9-107."

• (4) All professional installers of window tinting materials shall supply each customer with a signed receipt for each motor vehicle to which tinting materials have been applied that includes:

o (A) Date of installation;

o (B) Make, model, paint color and license plate number and state;

o (C) The legend "Complies with Tennessee Code Annotated, § 55-9-107, at date of installation";

and o (D) The legend "This receipt shall be kept with motor vehicle registration documents."

• (5) The owner of any vehicle in question has the burden of proof that the motor vehicle is in compliance with this section.

• (6) o (A) The restrictions of this subsection (a) do not apply to any of the following motor vehicles:

(i) Any motor vehicle model permitted by federal regulations to be equipped with certain windows tinted so as not to conform to the specifications of subdivision (a)(1)(A) with respect to those certain windows;

(ii) Any motor vehicle bearing commercial license plates or government service license plates that are used for law enforcement purposes, for those windows rearward of the front doors;

(iii) Any motor vehicle that is registered in another state and meets the requirements of the state of registration; and

(iv) Any motor vehicle owned or leased by private investigators or investigations companies licensed pursuant to title 62, chapter 26.

o (B) This subdivision (a)(6) shall not be construed in any way to exempt the front door windows of any motor vehicle of any kind from the specifications of subdivision (a)(1)(A)

8) Comply with the following: Any amendments to the law that occur after the award of contract that make installation requirements more restrictive must be followed immediately. Any amendments to the law that occur after the award of contract that make installation requirements less restrictive than current requirements will require a contract amendment before the scope of services can be altered from current law or contract requirements.

9) Provide an estimate of cost for all work to be done. Work shall not begin without written authorization from the City.

2.3 Work Assignment

Contractors will be asked to provide quotes for vehicle window tinting services based on the pricing provided by their Bid Form. Included in this quote shall be “turnaround” time for completion of the work. The City will assign work according to the lowest total cost estimate. If the Contractor cannot accept the work or meet the requested work timeframe, the City will assign the work to the Contractor who provided the next lowest estimate.

2.4 Estimates/Pricing

Labor estimates shall be provided by the Contractor based upon the Bid submitted. Pricing shall be provided for all windows to be tinted in a vehicle. Vehicle tinting fees shall remain fixed for the entire term of the contract.

2.5 Acceptance Inspection

Acceptance of completed work requires inspection by a designated representative of the City. Final inspection and acceptance lies strictly with the City. Any discrepancies will be brought to the Contractor’s attention at the end of the final inspection. The final inspection will be performed in the presence of an authorized agent of the Contractor. All corrections shall be made at the Contractor’s expense. Corrections are to be completed within three (3) calendar days.

2.6 Security

The Contractor shall be liable for security and safekeeping of the City’s vehicles to include attachments, components, emergency signal equipment, and radios when left with the Contractor.

It shall be the responsibility of the Contractor to fully protect all City property kept for the services.

The City shall be reimbursed for all physical damage to City property from any cause including weather, acts of God, unwarranted wear and tear, acts of vandalism, malicious mischief, and all physical damage including acts of commission and/or omission by Contractor employees and others. Such damages will be identified and deducted from any outstanding amounts owed to the Contractor. The Contractor shall pay the City any outstanding damage claims within thirty (30) days after written notice from the City.

2.7 Pick-up and Delivery

All City vehicles in need of work under the resulting contract shall be delivered and picked up by the

City.

2.8 Workmanship Guarantee

The Contractor shall perform services under the contract in a professional manner. The Contractor shall furnish a warranty for all parts and labor for a period not less than one (1) year from date of installation on the vehicles. Failure to meet minimum standards at the determination of the City will be considered cause for the City to cancel the agreement and shall extend to any work in progress without liability to the City for work performed.

2.9 Compensation

The City will pay the Contractor in accordance with the rates for the completion of the Work according to the Contractor’s Bid Form. These rates shall remain in effect for the entire term of the contract.

1) The Contractor shall provide an invoice to the department representative when the vehicle is picked up.

2) The invoice shall be itemized and include parts/labor.

3) The Contractor shall certify that the window tinting meets State requirements for window tint as specified by law, and all paperwork related to the vehicle will include both the vehicle tag number and vehicle VIN numbers.

4) The City shall pay the Contractor within thirty (30) days after receipt of a proper and accurate invoice.

PURCHASING DEPARTMENT

BID FORM

NAME OF BID: ITB-33-2026

VEHICLE WINDOW TINTING SERVICES

Name of Bidder:

Date:

INSTRUCTIONS:

All prices must include all costs. Costs included in the bid prices shall include services rendered and parts, labor, accessories, freight, and any other standard equipment necessary to provide this service. The City is not subject to sales tax.

Contract will be awarded to the responsive and responsible bidder(s) offering the lowest price.

ITEM

NO.

QTY

DESCRIPTION

Two-Door Cars Removal Price

Four-Door Cars Removal Price

Standard Cab Pick-up Trucks Removal Price

Extended Cab Pick-Up Trucks Removal Price

Crew Cab Pick-up Trucks Removal Price

Four-door SUV/ Passenger Vans Removal Price

Single Window Only (regardless of vehicle) Removal Price

Provide type of tinting used by the Vendor (name, manufacturer):

Sample Agreement for

This Agreement is entered into and effective as of ________________ (the “Effective Date”) by and between the City of Murfreesboro, a municipal corporation of the State of Tennessee (the "City"), and _____________________, a _______________________company of the State of ___________ (“Contractor”).

This Agreement consists of the following documents:

• This document

• ITB-33-2026 – Vehicle Window Tinting issued March 10, 2026 (the “Solicitation”);

• Contractor’s Proposal, dated ______________(“Contractor’s Proposal”);

• Contractor’s Price Proposal, dated ______________(the “Price Proposal”); and

• Any properly executed amendments to this Agreement.

In the event of conflicting provisions, all documents will be construed according to the following priorities:

• First, any properly executed amendment or change order to this Agreement (most recent amendment or change order given first priority);

• Second, this Agreement;

• Lastly, Contractor’s Proposal.

1. Duties and Responsibilities of Contractor.

a. Scope of Work. Contractor is engaged to perform services as described in ITB specifications.

b. Supervision and Superintendence of Work.

1. Contractor will supervise and direct the work efficiently and with Contractor’s best skill and attention. Contractor will be solely responsible for the means, methods, techniques, sequences and procedures of construction. Contractor will be responsible to see that the finished work complies accurately with the Contract documents.

2. Contractor will keep on the work site at all times during work progress a competent resident superintendent. The superintendent will be Contractor’s representative at the site and shall have authority to act on behalf of Contractor.

All communications given to the superintendent shall be as binding as if given to Contractor.

c. Labor, Materials, and Equipment.

1. Contractor will provide competent, suitably qualified personnel to perform the work as set forth in Contractor’s Quotes. The Contractor will at all times maintain good discipline and order at the site.

2. Contractor will furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, and all other incidentals necessary for the execution, testing, initial operation and completion of the work.

3. All materials will be new, except as otherwise provided it the Contract documents. If required by the City, Contractor will furnish satisfactory evidence as to the kind and quality of materials and equipment.

4. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator or processors, except as otherwise provided in the Contract documents.

d. Warranty and Guarantee. The Contractor warrants to the City that:

1. Unless otherwise provided for, all materials, machinery, and equipment used on the work shall be new, of the best quality in their kind and grade, and of the most efficient and effective design and type available for the purposes for which they are intended;

2. All materials, machinery, and equipment conform in every respect with the specifications, drawings, approved samples, and other requirements of the Contract documents;

3. Only such materials, machinery, and equipment shall be used on the work as have been produced or manufactured in accordance with the established and generally accepted standards for goods and workmanship of the type covered by the specifications and are of such a design and construction as to perform properly the function or work for which they are intended and to afford the maximum ease in upkeep and repair;

4. The finish of the exterior surface of the materials, machinery and equipment used on the work shall be in accordance with the specifications, or if there are no applicable specifications, such finish shall be consistent with commercially accepted practices for the services to be rendered by the respective materials, machinery, and equipment; and,

5. The Contractor agrees that all warranties in the Contract documents shall survive acceptance of, delivery of, and payment for, the goods, whether any defects shall be latent or patent, and agrees to indemnify and hold the City harmless from any loss, damage, or other expense, including attorneys’ fees, that the City may suffer as a result of the failure of the materials, machinery, and equipment or workmanship to be as warranted. Each warranty with respect to any items other than machinery and equipment, shall expire sixty (60) months from the date of receipt by the City of such items and, with respect to machinery and equipment, twenty-four (24) months after the date of initial operation of such machinery and equipment. The Contractor agrees to correct without expense to, and to the satisfaction of, the City, any defects that may develop in material, workmanship, and design during the period of such warranty.

The warranties set forth in the preceding paragraph are cumulative and shall not exclude or affect the operation of any other warranty or guaranty provided by law or by the Contract documents.

e. Subcontractors.

1. Contractor will not employ any subcontractor to perform any of the work required under the Contract documents without first obtaining the written approval of the City’s designated representative to employ the subcontractor.

2. Contractor will be fully responsible for all acts and omissions of any subcontractor and of persons directly or indirectly employed by them and of persons for whose acts any of them may be liable to the same extent that Contractor is responsible for the acts and omissions of persons directly employed by Contractor. Nothing in the Contract documents shall create any contractual relationships between any subcontractor and the City or any obligation on the part of the City to pay or to see to the payment of any moneys due any subcontractor, except as may otherwise be required by law. The City may furnish to any subcontractor, to the extent practicable, evidence of amounts paid to Contractor on account of specific work done in accordance with the schedule of values.

3. Contractor agrees to bind specifically every subcontractor to the applicable terms and conditions of the Contract documents for the benefit of the City.

4. All work performed for Contractor by a subcontractor shall be pursuant to an appropriate written agreement between Contractor and the subcontractor.

f. Permits Contractor will secure and pay for all construction permits and licenses and will pay all governmental charges and inspection fees necessary for the prosecution of the work, which are applicable at the time of Contractor’s bid. Contractor will also pay all public utility charges.

g. Use of Premises.

1. Contractor will confine Contractor’s equipment, the storage of materials and equipment and the operations of Contractor’s workers to areas permitted by law, ordinances, permits, or the requirements of the Contract documents, and shall not unreasonably encumber the premises with materials or equipment.

2. Contractor will not load nor permit any part of the structure to be loaded with weights that will endanger the structure, nor will Contractor subject any part of the work to stresses or pressures that will endanger it.

h. Safety and Protection.

1. Contractor will be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. Contractor will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury or loss to:

a. All employees on the work and other persons who may be affected thereby,

b. All the work and all materials or equipment to be incorporated there, whether in storage on or off the site, and

c. Other property at the site or adjacent property, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction.

Contractor will comply with all applicable laws, ordinances, rules, regulations and order of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor will erect and maintain, as required by the conditions and progress of the work, all necessary safeguards for safety and protection. Contractor will notify the City of adjacent utilities when prosecution of the work may affect them. All damage, injury, or loss to any property referred to in subparagraph (2) or (3) of this section caused directly or indirectly, in whole or in part, by Contractor, any subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, will be remedied by Contractor; except damage or loss attributable to the fault of drawings or specifications or to the acts or omissions of the City or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor.

2. Contractor will designate a responsible member of Contractor’s organization at the site whose duty shall be the prevention of accidents. This person shall be Contractor’s superintendent unless otherwise designated in writing by Contractor to the City.

i. Emergencies. In emergencies affecting the safety of persons or the work or property at the site or adjacent property, Contractor, without special instruction or authorization from the City, is obligated to act, at Contractor’s discretion, to prevent threatened damage, injury or loss.

j. Cleaning Up. Contractor will keep the premises free from accumulations of waste materials, rubbish, and other debris resulting from the work, and at the completion of the work Contractor will remove all waste materials, rubbish and debris from and about the premises as well as all tools, construction equipment and machinery, and surplus materials, and will leave the site clean and ready for occupancy by the City. Contractor will restore to their original condition those portions of the site not designated for alteration by the Contract documents.

k. Access to the Work. Representatives of the City will at all times have access to the work.

Contractor will provide proper facilities for such access and observation of the work and also for any inspection or testing by others.

l. Contractor’s Continuing Obligation. Contractor’s obligation to perform the work and complete the Project in accordance with the Contract documents shall be absolute.

Neither any payment by the City to Contractor under the Contract documents, nor any use or occupancy of the Project or any part by the City, nor any act of acceptance by the City nor any failure to do so, nor any correction of defective work by the City shall constitute acceptance of work not in accordance with the Contract documents.

2. Term.

The term of this Agreement commences on the Effective Date listed above and expires on __________, unless extended by mutual agreement of Contractor and the City or earlier terminated as set forth herein Termination. Contractor's services may be terminated in whole or in part:

a. Upon 30-day prior notice, for the convenience of the City.

b. For the convenience of Contractor, provided that Contractor notifies the City in writing of its intent to terminate under this paragraph at least 30 days prior to the effective date of the termination.

c. For cause, by either party where the other party fails in any material way to perform its obligations under this Agreement. Termination under this subsection is subject to the condition that the terminating party notifies the other party of its intent to terminate, stating with reasonable specificity the grounds therefore, and the other party fails to remedy the problem within 15 days after receiving the notice.

d. Should Contractor fail to fulfill in a timely and proper manner its obligations under this Agreement or if it should violate any of the terms of this Agreement, the City has the right to immediately terminate the Agreement. Such termination does not relieve Contractor of any liability to the City for damages sustained by virtue of any breach by Contractor.

e. Should the appropriation for Contractor’s work be withdrawn or modified, the City has the right to terminate the Agreement immediately upon written notice to Contractor.

3. Price; Compensation; Method of Payment.

Contractor will be compensated upon the delivery and acceptance of the goods and services specified in Contractor’s bid submitted and pricing as provided in response to ITB-28-2025. Any compensation due Contractor under the Agreement shall be made upon submittal of an invoice after performance of the portion of the services which each payment represents. The City agrees to pay Contractor after goods and/or services have been received, accepted, and properly invoiced as indicated in the Agreement and/or purchase order. The final payment shall be made only after Contractor has completely performed its duties under this Contract and the work has been accepted by the City and all work has been approved by an inspector from the Murfreesboro Building and Codes Department or City designee, if applicable. Invoices must bear the purchase order number. Final payment shall not be made until after performance is complete. All invoices should be sent to: accountspayable@murfreesborotn.gov

4. Insurance.

During the term of this Agreement, Contractor must maintain comprehensive general liability insurance with limits of not less than $1,000,000.00, as well as automotive and workers’ compensation insurance policies. Contractor will provide to the City: (i) a standard certificate of insurance evidencing this coverage prior to commencement of work and upon renewal or expiration of the policies reflected thereupon, (ii) upon request, an endorsement naming the City as additional insured under the terms of the policy as follows: “The City of Murfreesboro, Tennessee, its officers, employees, contractors, consultants, and agents.”

5. Indemnification.

a. Contractor must indemnify, defend, and hold harmless the City, its officers, agents and employees from any claims, penalties, damages, costs and attorney fees (“Expenses”) arising from injuries or damages resulting from, in part or in whole, the negligent or intentional acts or omissions of contractor, its officers, employees and/or agents, including its subcontractors or independent contractors, in connection with the performance of this Agreement, and, Expenses arising from any failure of Contractor, its officers, employees and/or agents, including its subcontractors or independent contractors, to observe applicable laws, including, but not limited to, labor laws and minimum wage laws.

b. Pursuant to Tennessee Attorney General Opinion 93-01, the City will not indemnify, defend or hold harmless in any fashion Contractor from any claims arising from any failure, regardless of any language in any attachment or other document that Contractor may provide.

mailto:accountspayable@murfreesborotn.gov

6. Notices.

Notice of assignment of any rights to money due to Contractor under this Agreement must be mailed first class mail or hand delivered to the following:

If to the City of Murfreesboro:

City Manager City of Murfreesboro 111 West Vine Street Murfreesboro, TN 37130

If to Contractor:

7. Maintenance of Records.

Contractor must maintain documentation for all…