INVITATION FOR BID

SHATTERPROOF WINDOW FILM & INSTALLATION

26-246

Issued By:

City of Milpitas Purchasing Division

455 E. Calaveras Blvd.

Milpitas, CA 95035-5411

City of Milpitas Purchasing Website

RELEASE DATE: July 30, 2026 DEADLINE FOR QUESTIONS: August 13, 2026

RESPONSE DEADLINE: September 1, 2026, 12:00 pm

RESPONSES MAY BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/milpitas-ca https://www.milpitas.gov/264/Bid-Opportunities

The City of Milpitas

Shatterproof Window Film & Installation

I. Notice Inviting Bids II. Introduction

III. Scope of Work IV. Vendor Questionnaire V. Pricing Proposal

VI. Bid Instructions VII. Terms & Conditions

Attachments:

A - IFB Submittal Forms to Complete B - Milpitas PO Terms and Conditions

Shatterproof Window Film & Installation 26-246

I. Notice Inviting Bids

I.A Public Notice

Notice is hereby given that the City of Milpitas (“City”) will receive electronic bids for Shatterproof Window Film & Installation until Tuesday, September 1, 2026 12:00 pm Pacific Time.

Interested parties may obtain copies of this IFB through the Milpitas purchasing website at https://www.milpitas.gov/264/Bid-Opportunities or directly through OpenGov at https://procurement.opengov.com/portal/milpitas-ca.

All bidders must register on OpenGov to submit bid responses. If you are not already registered, please go to https://procurement.opengov.com/portal/milpitas-ca and click on +Subscribe. There is no cost to register for or participate in City of Milpitas solicitations.

It is the responsibility of each prospective bidder to download all bid documents for review before submitting a bid. Bids must be submitted on the City’s Bid Forms. Any Addenda will be posted on OpenGov. It is the sole responsibility of each prospective bidder to check OpenGov on a daily basis through the close of bids for any applicable addenda or updates. The City does not assume any liability or responsibility based on any defective or incomplete bid submittals.

Solicitation information posted in OpenGov may change without notice to prospective bidders.

The final executed Contract Documents shall supersede any information posted or transmitted on OpenGov.

I.B No Pre-Bid Conference

A Pre-Bid Conference is not scheduled.

I.C Prevailing Wage

If applicable, pursuant to section 1770 et seq. of the California Labor Code, the Contractor and all subcontractors shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations and comply with all applicable Labor Code provisions, which include, but are not limited to the employment of apprentices, the hours of labor and the debarment of contractors and subcontractors. Also, pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a Contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial https://www.milpitas.gov/264/Bid-Opportunities https://procurement.opengov.com/portal/milpitas-cs

Shatterproof Window Film & Installation 26-246

Relations for the duration of the project. This project is also subject to compliance monitoring and enforcement by the Department of Industrial Relations. In bidding on this project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its bid.

I.D Contractor License

Each bidder shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed in the following appropriate classification(s) of contractor’s license(s), for the work bid upon, and must maintain the license(s) throughout the duration of the Contract:

[INSERT CLASSIFICATION(S)] [OTHERWISE INSERT FOLLOWING]. Each bidder shall be licensed as required by law.

I.E Contact Information

For further information regarding this IFB, please contact:

Vickie Davis

Senior Special Project Associate vdavis@milpitas.gov

II. Introduction

II.A Summary

Through this Invitation for Bid (IFB), the City of Milpitas (City) seeks to award a contract for the provision of shatterproof window film and installation in support of its Storefront Crime Prevention program to help mitigate smash and grab property crimes in the City. The City will pay up to $4,000 per business, with the target business being small businesses with 25 or fewer employees. For larger storefronts that may exceed this cap, the business will be responsible for paying the awarded vendor directly for any additional costs over the $4,000 allowance per business. This work will be subject to prevailing wage requirements as required by the California Department of Industrial Relations.

Minimum Requirements:

A. Current California Contractor's License D-52.

B. Shatterproof Window Film that meets or exceeds the specifications set forth in the Scope of Work.

C. Must be a licensed reseller for the proposed Shatterproof Window Film.

https://www.dir.ca.gov/ https://www.dir.ca.gov/

Shatterproof Window Film & Installation 26-246

The City expects a contract term of one to two years, depending on how long it takes to complete the projects.

II.B Timeline

All times shown are Pacific Time.

Release Date July 30, 2026

Question Submission Deadline August 13, 2026, 12:00pm

Bid Submission Deadline September 1, 2026, 12:00pm

III. Scope of Work

III.A Overview

The City selected vendor(s) shall: (1) procure/supply all materials and labor required to remove old caulk, install shatterproof window film, and recaulk windows in accordance with the manufacturer's specifications; (2) schedule with and complete services for the participating businesses; (3) invoice the City for approved and completed work up to $4,000 per business for ground-level windows; and (4) invoice the business directly for any amounts over this cap or for non-ground-level windows. The selected vendor(s) shall have and maintain a current California Contractor's License D-52 throughout the term of the awarded contract.

The selected Vendor shall also ensure availability to accept new project referrals throughout the contract term, subject to a reasonable scheduling queue and notify the City promptly (within 5 business days) if scheduling capacity constraints are anticipated to impact program delivery timelines.

III.B Scope of Work

Vendor shall provide all labor, materials, equipment, supervision, and incidentals necessary to install shatterproof window film and recaulk as required.

A. Material Procurement:

• Vendor shall procure shatterproof/security window film as required to fulfill requests throughout the contract term.

• Window film must meet or exceed the following minimum requirements:

Specification Requirement

Shatterproof Window Film & Installation 26-246

Film Type Safety/security film; shatterproof; optically clear or lightly tinted (no decorative film)

Thickness Minimum 8 mm or greater preferred for enhanced security applications

Tensile Strength Sufficient to retain glass shards upon impact Impact Resistance Meets or exceeds ANSI Z97.1 or equivalent safety glazing standard UV Rejection Minimum 99% UV-A and UV-B rejection Visible Light Transmission

Minimum 70% (clear/lightly tinted) to preserve storefront visibility

Adhesive Pressure-sensitive; moisture-cure or dry-application type Warranty Product Minimum 10-year manufacturer’s warranty against bubbling, peeling, delamination, and significant discoloration Warranty Installation

Minimum 1-year workmanship warranty provided by the Vendor

B. Site Assessment

• Prior to installation, Vendor shall visit each participating business upon referral by the City and conduct a site pre-assessment to include, but not be limited to, the following:

o Measure all glass surfaces designated for film application (windows, doors, sidelights, and transoms as applicable).

o Document total square footage of glass, linear footage of caulking required, and any site-specific conditions affecting installation.

o Identify and flag any pre-existing glass conditions (cracks, scratches, prior film, low-emissivity coatings) that could affect adhesion or product performance prior to commencing work.

o Provide a written itemized estimate to the City and the business owner within five business days of the site visit.

C. Installation Services

• Upon approval by the City and business owner, Vendor shall schedule with the business owner to complete the installation.

• Vendor shall coordinate scheduling with each business owner to minimize disruption to business operations, and installations shall generally be completed during normal business hours.

• Installations shall be completed within 15 business days of authorization to proceed for each site, unless otherwise agreed to in writing.

Shatterproof Window Film & Installation 26-246

• Vendor shall perform all work in a professional manner consistent with industry standards and manufacturer specifications.

• Vendor shall install shatterproof/security window film on all glass surfaces as approved, including windows, entry doors, sidelights, and transoms as scoped in the site assessment and resulting estimate.

• Vendor shall apply caulking or edge seal at all film edges where recommended by the manufacturer.

• Vendor shall perform a post-installation inspection and provide the business owner with written care and maintenance instructions.

• Vendor shall remove all debris, film scraps, and packaging materials from the premises upon completion of the work.

D. Post-Installation

• Within 10 business days of installation completion, Vendor shall submit to the City for each completed project a project completion package including:

o A signed completion certificate (with both the Vendor and business owner signatures) o Before-and-after photographs of all treated surfaces o Final itemized invoice reflecting actual square footage of film and linear footage of caulk installed, materials used, and all labor charges.

o Warranty documentation

• Vendor shall separately invoice and collect payment from the business for any authorized amounts over the $4,000 cap payable by the City.

• Vendor shall participate in periodic program check-ins with City staff (estimated quarterly) to report on project pipeline, scheduling capacity, and any issues encountered.

• Vendor shall maintain accurate records of all Program-related installations and make such records available to the City upon request for audit or reporting purposes.

Shatterproof Window Film & Installation 26-246

IV. Vendor Questionnaire

In order to be fully compliant with the requirements of this IFB, please respond to and provide the information noted below. Once submitted, the Bid and any supplementary documents become the property of the City.

IV.A Bidder Contact Information * Please provide your full name, your title, direct phone number, email address, your firm's name, and today's date.

*Response required

IV.B Time is of the Essence* Time is of the essence for each and every provision of this Agreement/Contract. Vendor confirms that is has thoroughly reviewed every requirement of this solicitation and the accompanying sample Agreement/Contract and will furnish all necessary documents outlined in either this solicitation or the attached Agreement/Contract. By confirming this question, vendor understands that failure to provide any and all documents, including but not limited to, forms, subcontractor information, bonds, insurance, and quotes within ten (10) business days of the close of this solicitation may result in the disqualification of their bid/proposal.

☐ Please confirm *Response required

IV.C Acknowledgement of Addenda* Any bid response that does not acknowledge each and every addenda issued may be considered non-responsive. By confirming this prompt, you represent that you have seen and responded to all addenda to the IFB.

☐ Please confirm *Response required

IV.D Question and Answer Acknowledgement* By checking the "Yes" option, Bidder acknowledges they have reviewed the Questions and Answers on the OpenGov website pertaining to this IFB (if any).

☐ Yes

☐ No *Response required

IV.E Current W-9* Please upload your firm's current W-9 form here.

*Response required

Shatterproof Window Film & Installation 26-246

IV.F Prior Contract Failure* Bidder MUST disclose any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Bidder or in which the Bidder has been judged guilty or liable.

If there are none, Bidder MUST state the following in response to this question:

“Our firm has no prior or ongoing contract failures, civil or criminal litigation, or pending investigation.”

Failure to comply with this provision will disqualify your bid response.

*Response required

IV.G DIR Registration and CSLB License Confirmation* Attach in response to this question documentation demonstrating you have a current registration with the Director of Industrial Relations and a current and valid California Contractor's License D-52.

*Response required

IV.H Materials Data Sheets and Specifications* Attach the materials data sheet for your proposed shatterproof window film and your line-by-line confirmation that your proposed shatterproof window film meets or exceeds the specifications specified in the Scope of Work.

*Response required

IV.I Certification of Bidder* Complete, sign, and upload your Certification of Bidder form here. See Attachment A - IFB Submittal Forms to Complete.

*Response required

IV.J Local Purchasing Preference Certificate* Complete, sign, and upload your Local Purchasing Preference Certificate form here. See Attachment A - IFB Submittal Forms to Complete.

*Response required

IV.K Recycled Products Certificate* Complete, sign, and upload your Recycled Products Certificate form here. See Attachment A - IFB Submittal Forms to Complete.

*Response required

Shatterproof Window Film & Installation 26-246

IV.L Non-Collusion Declaration* Complete, sign, and upload your Non-Collusion Declaration form here. See Attachment A - IFB Submittal Forms to Complete.

*Response required

IV.M Bidder's Statement Regarding Insurance Coverage* Complete, sign, and upload your Bidder's Statement Regarding Insurance Coverage form here. See Attachment A - IFB Submittal Forms to Complete.

*Response required

IV.N Worker's Compensation Insurance Certification* Complete, sign, and upload your Worker's Compensation Insurance Certification form here. See Attachment A - IFB Submittal Forms to Complete.

*Response required

IV.O Non-Discriminatory Employment Certificate* Complete, sign, and upload your Non-Discriminatory Employment Certificate form here. See Attachment A - IFB Submittal Forms to Complete.

*Response required

IV.P Wage Theft Certification* Complete, sign, and upload your Wage Theft Certification form here. See Attachment A - IFB Submittal Forms to Complete.

*Response required

V. Pricing Proposal

COST ESTIMATE

The following quantities are estimates only. Unit pricing must reflect your fully burdened price, inclusive of overhead, materials, labor, profit, sales tax, etc. A change in the quantities specified after award of contract will not entitle the awarded vendor to a change in their submitted rates.

Line Item Description Quantity Unit of Measure

Unit Cost Total

1 Window Film: Cost for materials and labor to install Shatterproof Window Film.

5,000 square foot

Shatterproof Window Film & Installation 26-246

Line Item Description Quantity Unit of Measure

Unit Cost Total

2 Caulk: Cost for materials and labor required to remove the old caulk and recaulk after window film installation as recommended by the window film manufacturer.

9,000 linear foot

TOTAL

VI. Bid Instructions

VI.A Bid Submittal

A. Bids must be submitted via OpenGov, the City's electronic bid management system (https://procurement.opengov.com/portal/milpitas-ca). No other method of submitting bids will be accepted. Bidders may not submit bids by fax, email, telephone, or other means. Any bids received through any other means than OpenGov will be returned unopened.

B. Submittal Deadline. Bids must be uploaded to and submitted on the OpenGov website by the specified Submittal Deadline. Bidders are solely responsible for the on time submission of their electronic Bid. Failure of the Bidder to successfully submit an electronic Bid by the Submittal Deadline shall be the Bidder’s sole risk, and no relief will be given for late and/or improperly submitted Bids.

C. Responsibility. Bidder is solely responsible for ensuring its bid is successfully uploaded and submitted in accordance with the IFB requirements before the Submittal Deadline. The City shall not be responsible for any delays in transmission or errors in your submitted response. Bids must be uploaded in Microsoft Word, Excel or Adobe PDF format only, using as few files as possible. Do not wait until the last minute to upload files and submit your bid response as delays can occur. In the event that there is a problem uploading documents or submitting your bid, please contact OpenGov support for assistance at https://opengov.my.site.com/support/s/contactsupport, Chat: http://support.opengov.com, Email: support@opengov.com, or Phone: (650) 336- 7167. Neither the City nor OpenGov make any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission date and/or time.

D. Extension of Submittal Deadline. The City reserves the right to extend the Submittal Deadline when it is in the best interest of the City to do so.

https://procurement.opengov.com/portal/milpitas-ca) https://opengov.my.site.com/support/s/contactsupport http://support.opengov.com/ mailto:support@opengov.com

Shatterproof Window Film & Installation 26-246

E. Forms. To be considered for award, each Bid shall be made on forms furnished by the City in this IFB.

F. Late Bids. The Submittal Deadline is absolute. Bids will not be accepted after the Submittal Deadline.

G. Signature. To be considered for award, each Bid shall be signed by an authorized representative of the Bidder.

H. Registration: All Bidders must register on OpenGov to submit solicitation responses. If you are not already registered, please go to https://procurement.opengov.com/portal/milpitas-ca and click on +Subscribe. There is no cost to register for or participate in City of Milpitas solicitations.

VI.B Withdrawal of Bid

Bidder’s authorized representative may only withdraw bids through the OpenGov website prior to the Submittal Deadline.

VI.C Examination of Contract Documents

Bidders shall be solely responsible for examining the Contract Documents, including any addenda issued during the bidding period, and for informing themselves with respect to local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors’ licensing requirements, availability of required insurance, and other factors that could affect the Work. Bidders shall be solely responsible for their failure to examine the documents.

The submission of a Bid shall constitute an acknowledgment upon which the City may rely that the Bidder has thoroughly examined and is familiar with the Contract Documents. Bids shall include complete compensation for all work to be performed under the Contract Documents.

VI.D Interpretation of Contract Documents

Discrepancies in, and/or omissions from the Contract Documents or questions as to the meaning of any part thereof shall be immediately brought to the attention of the City by submission of a written request for an interpretation or correction. Any such submission must be sent through the OpenGov website using the solicitation Questions and Answers portal. Questions sent directly to City Staff will not be addressed, and you will be directed to submit your question(s) online. Questions related to this solicitation may not be asked via any other method.

To submit a question/request for clarification: 1) Log into the OpenGov website; 2) click on the title of the solicitation and the solicitation page will open up; 3) find the Question/Answer tab;

and 4) type in your question or request for clarification.

https://procurement.opengov.com/portal/milpitas-cs

Shatterproof Window Film & Installation 26-246

See the Timeline in the Introduction Section of this IFB for the Question Submission Deadline.

All questions issued by the City shall be included in the bid and made part of the Contract Documents. All questions will be answered by the City through OpenGov. Please Note: Bidders are responsible for ensuring that they have received any and all questions. Each Bidder should check OpenGov to verify that it has reviewed all questions and answers, if any, prior to the bid submittal deadline.

Any bid submitted that does not acknowledge each and every question issued will be considered non-responsive. Questions, if any, must be acknowledged on the IFB Vendor Questionnaire.

Questions and the City's corresponding Answers are considered Addenda to the solicitation.

VI.E Addenda

Any interpretation of the Contract Documents will be made only by written addenda from the City, which will be posted on the OpenGov website. The City will not be responsible for any explanations or interpretations provided in any other manner. No person is authorized to make any oral interpretation of any provision in these Contract Documents to any bidder, and no bidder should rely on any such oral interpretation.

The City reserves the right to revise the Contract Documents prior to the bid opening date.

Revisions, if any, shall be made by written addenda. All addenda issued by the City shall be included in the bid and made part of the Contract Documents. Copies of addenda will be issued by the City through OpenGov. It is the responsibility of each Bidder to ensure that they have registered on OpenGov to receive all notifications. Each bidder should check OpenGov to verify that it has received all addenda issued, if any, prior to the bid opening.

Any bid submitted that does not acknowledge each and every addenda issued will be considered non-responsive. Addenda, if any, must be acknowledged through the IFB Vendor Questionnaire.

VI.F Completion of Bid Response

Bids shall only be prepared using copies of the Bid Forms provided in Attachment A. The use of Bid Forms other than those provided by the City will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. Bidders shall fill in all blank spaces (including inserting “N/A” where applicable) and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. Deviations in the Bid Forms may result in the bid being deemed non-responsive.

Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders shall not delete, modify, or supplement the printed matter on the Bid Forms, or make substitutions thereon. Oral, telephonic, and electronic modifications will not be considered.

Shatterproof Window Film & Installation 26-246

VI.G Local Purchasing Preference

Pursuant to Section I-2-3.15 “Local Purchasing Preference” of the City Municipal Code, the City grants preference to a local provider who submits a bid within ten percent (10%) of the lowest responsible bidder and who is otherwise responsive and responsible to the invitation for bids, which preference shall allow the local provider the opportunity to reduce its bid to an amount equal to the amount of the lowest responsible bid, if the lowest responsible bid is submitted by other than an Eligible Local Provider. In the event an Eligible Local Provider reduces its bid to the amount of the lowest responsible bid, the Eligible Local Provider shall be deemed to have provided the lowest responsible bid and shall be awarded the contract.

All Bidders must complete the Local Purchasing Preference Certificate included in Attachment A.

The local provider shall certify under penalty of perjury, as a part of its bid and using the form provided by the City, that the Bidder qualifies as a local provider. The purchasing preference shall be waived if the Local Preference Certification form is not submitted with the respective bid.

VI.H Piggyback Clause

It is intended that any other public agency be permitted to purchase under the terms submitted in response to this procurement. By submitting a Bid, the Bidder acknowledges and agrees that, to the extent permitted by law, and during the period in which the applicable contract is in effect (including, without limitation any extensions thereto), other public agencies shall be permitted to makes purchases under the same terms and conditions set forth in the resulting contract with the successful Bidder.

To the extent other public agencies elect to “piggyback” on the contract or the City's competitive solicitation process, the City shall have no liability whatsoever in connection with any orders submitted to the successful Bidder by such other public agencies and, in each case, any and all liabilities associated with a piggyback order shall be the sole responsibility of the successful Bidder and the public agency that submitted the order to the successful Bidder.

VI.I Recycled Product Procurement

The City is committed to the conservation and protection of state and local resources, therefore:

A. For all paper materials of any kind delivered to the City, by a contractor, supplier, or consultant, whether in the form of a product such as a cup or a deliverable such as a report, shall use recycled paper that bears an imprint identifying the recycled content of the paper as not less than the thirty percent (30%) post-consumer fiber as specified in Section 12209 of the Public Contract Code. A product such as a cup may have the identifying logo and/or language on the packaging, while a deliverable such as a report shall have the identifying logo on the first page. This shall apply for all paper materials delivered to the city whenever practicable.

B. Contractors and consultants shall use both sides of paper sheets whenever practicable.

https://library.municode.com/ca/milpitas/codes/code_of_ordinances?nodeId=TITIAD_CH2PU_S3PRMEPR_2-3.15LOPUPR

Shatterproof Window Film & Installation 26-246

C. The Purchasing Agent shall provide to the suppliers of recycled products a preference of ten percent (10%) of the lowest bid or price quoted by suppliers of non-recycled products.

Suppliers claiming the recycled products preference must complete the Recycled Products Certification and certify in writing the minimum, if not exact, percentage of postconsumer materials in the products or supplies offered or sold to the City. Such recycled products must meet any performance standards as specified in the solicitation.

VI.J Taxes

Successful Bidder shall pay all federal, state and local taxes, levies, duties, and assessments of every nature due in connection with any work under the contract and shall indemnify and hold harmless the City from any liability on account of any and all such taxes, levies, duties, assessments and deductions. Bid prices shall include said taxes.

VI.K Award of Contract; Basis of Award

The City shall award the bid to the lowest responsive and responsible Bidder(s). The City reserves the right to accept or reject any and all bids. The City also reserves the right to make a multi-award for this bid, at its sole discretion. The City will award on the basis of the total bid price.

VI.L Execution of Contract

Prior to contract execution, the awarded Bidder will deliver to the City all certificates, evidence of insurance, and bonds (if applicable) required by the Contract Documents within fifteen (15) days after receipt of the City's Notice of Award. Failure to do so shall be just cause for annulment of the award.

VI.M Rejection of Bids and Waiver of Informalities

The City of Milpitas reserves the right to waive any immaterial informalities or irregularities, to reject any bid, all bids, or any part of any bid presented and re-advertise for bids. The City reserves the right to cancel this solicitation and make no award. The City of Milpitas reserves the right to reject the Bid of any Bidder who previously failed to perform adequately for the City of Milpitas or any other governmental agency. The City of Milpitas expressly reserves the right to reject the Bid of any Bidder who is in default on the payment of taxes, licenses, or other monies due to the City of Milpitas.

VI.N Authority of the City of Milpitas

Subject to the power and authority of the City of Milpitas as provided by law in this contract, the City of Milpitas shall in all cases determine the quantity, quality, and acceptability of the work, materials, and supplies for which payment is to be made under this contract. The City of Milpitas

Shatterproof Window Film & Installation 26-246 shall decide the questions that may arise relative to the fulfillment of the contract or the obligations of the contractor hereunder.

VI.O Laws Governing Contract

Any contract issued as a result of this solicitation shall be in accordance with the laws of the State of California. The parties stipulate that this contract was entered into in Santa Clara County, in the State of California. The parties further stipulate that Santa Clara County, California, is the only appropriate forum for any litigation resulting from a breach hereof or any questions risen here from.

VI.P Protest Procedure

Should any Bidder wish to protest the award for this IFB to the lowest responsive and responsive Bidder(s), such protest should be submitted in writing to the designated Purchasing Contact for this solicitation. All protests received will be filed and adjudicated in compliance with the City Municipal Code Section “I-2-3.19– Protest Procedure”.

VI.Q Authorized Distributor

Bidders must be the authorized distributor for the product they offer, or must submit documentation from an authorized distributor that they have purchased the specified product/equipment from that distributor and that the distributor will honor all of the manufacturer’s warranties with their bid.

VI.R Brand Names

Manufacturer’s names, trade names, brand names, model and catalog numbers used in these specifications are for the purpose of describing and establishing general quality levels. Such references are not intended to be restrictive. Bids proposing substitute brands will be considered provided the substitute brand meets or exceeds the quality and requirements of the item listed in the specifications.

VI.S Brand Substitution

In accordance with the City's Municipal Code I-2-3.12, bids will be considered on equipment or material complying substantially with specifications, provided: 1) any deviation is stated in writing and 2) each substitution is described in detail explaining how the alternative equipment or material is equal to or better than the specified equipment or material. Requests for "or equals" products must be submitted to the City for review prior to the Deadline for submitting Questions. Standard catalog sheets or technical data will not be accepted in lieu of providing the information requested in the required form. The City will be the sole determiner of whether such substitutions are equivalent to the materials or equipment specified.

https://library.municode.com/ca/milpitas/codes/code_of_ordinances?nodeId=TITIAD_CH2PU_S3PRMEPR_2-3.19PRPR https://library.municode.com/ca/milpitas/codes/code_of_ordinances?nodeId=TITIAD_CH2PU_S3PRMEPR_2-3.12USEQSPTEEQ

Shatterproof Window Film & Installation 26-246

VII. Terms & Conditions

VII.A Completeness of Bid

A. The Bidder shall furnish a price for all bid items scheduled (both base bid schedule and alternate bid schedule(s), if any) and failure to do so will render the Bid non-responsive.

B. The costs for any work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance of the work.

C. In case of discrepancy between the “Unit Price” and the “Line Item Price” set forth for a unit basis item, the unit price shall prevail and shall be utilized as the basis for determining the lowest responsive, responsible Bidder. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the “Line Item Price” column, then the amount set forth in the “Line Item Price” column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the Unit Price. For purposes of evaluating Bids, the City will correct any apparent errors in the extension of unit prices and any apparent errors in the

D. The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City makes no representation that the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the City from measured quantities of work performed based upon the Unit Price.

VII.B Non-Collusion

Bidder declares that the only persons or parties interested in this bid are those named herein, and that this bid is made without collusion with any person, firm or corporation. Bidder proposes and agrees, if the bid is accepted, that Bidder will execute a contract with the City, in in the form set forth in the Contract Documents, and will perform the entire work for the prices set forth in this Bid, upon which the award of contract is made.

VII.C Performance

In response to the Notice Inviting Bids for this solicitation and in accordance with the other Contract Documents relating thereto, the undersigned Bidder hereby proposes to furnish to the City all materials and equipment, labor, technical and professional services, supervision, and to perform all operations necessary and required to complete the Project in accordance with the provisions of the Contract Documents and any addenda thereto, and at the prices set forth herein.

Shatterproof Window Film & Installation 26-246

VII.D Firm Offer

This Bid constitutes a firm offer to which cannot be withdrawn for ninety (90) days after the date set for opening of Bids, or until a Contract is executed by the City and a third party, whichever is earlier.

VII.E Accuracy

Bidder's signer certifies that it has examined and is fully familiar with all of the provisions of the Contract Documents and any addenda thereto; that it has carefully checked all of the figures shown in its Bid Schedule; that it has carefully reviewed the accuracy of all statements in this Bid and attachments hereto; and that it understands and agrees that the City will not be responsible for any errors or omissions on the part of the Bidder pertaining to Bidder's response to this solicitation.

VII.F California Secretary of State

The awarded Proposer will be required to have and maintain an active registration and be in good standing with the California Secretary of State throughout the term of the contract. See https://bizfileonline.sos.ca.gov/search/business for more information.

VII.G Milpitas Business License

The awarded Proposer will be required to comply with the City's business license registration requirements set forth in its municipal code. See https://www.milpitas.gov/241/Business- License-Center for more information.

https://bizfileonline.sos.ca.gov/search/business https://www.milpitas.gov/241/Business-License-Center https://www.milpitas.gov/241/Business-License-Center