CONTRACT 6469 One Page Service Agreement CLOSEDAgreement No. 6469
0*
Services Agreement
CONTRACTOR: CAMPBELL WINDOW FILM, LLC.
DATE MAILED: 7/27/2022
Below you will find a checklist relating to Insurance and other requirements that are required for doing business with the City of El
Segundo. Only those items checked -off are MANDATORY, however if your standard policies exceed the minimum requirements please
include. Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No. CG 00 01 1185 or
88. The amount of insurance set forth below will be a combined single limit per occurrence for bodily injury, personal injury, and property
damage for the policy coverage. Liability policies will be endorsed to name the City, its officials, and employees as "additional
insured's" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other
insurance that may be carried by the City will be excess thereto. Such insurance must be on an "occurrence," not a "claims
made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City.
Please find additional Terms and Conditions on the reverse side of this Services Agreement. This is not a purchase order or an
authorization to begin work.
® orngrehensive Qenerall Liability, including coverage for premises, products and completed operations, independent contractors,
personal injury and contractual obligations with combined single limits of coverage of at least $1,000,000 per occurrence.
® Auto Liability, including owned, non -owned and hired vehicles with at least:
® 1,000 000 per occurrence.
❑ $100.000 300.000per occurrence,
❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company.
® Workers' Compensation Insurance., as required by State Statutes. (Not needed if Self-employed with no employees and
CONTRACTOR signs statement to this effect.)
® Business License: The CONTRACTOR shall agree to have a current City of El Segundo license on file at City Hall or purchase
said license (at no cost to the City).
❑ Permits: Plans must be approved and permit(s) issued (no fee) by the Planning and Building Safety if appropriate. Call the
Planning Manager @ (310) 524-2340 if you have questions.
❑ Co y of valid picture I.D. (Drivers license etc.)
PLEASE NOTE: ALL APPLICABLE INFORMATION LISTED ABOVE MUST BE OBTAINED AND ON FILE, PRIOR TO THE ISSUANCE OF A CITY
PURCHASE ORDER BEING SENT TO YOU (VIA FAX OR HARD COPY) BY THE RISK MANAGERIPURCHASING AGENT, THUS AUTHORIZING
COMMENCEMENT OF WORK FOR THE CITY.
Subn iOed by ,(comnlele all blankO:
Company Name:
CAMPBELL WINDOW FILM, LLC
i By_ (Print name & title):
Company Street Address:
Vendor's Authorized Signature required:
17941 BROOKSHIRE LANE
City, State, Zip:
Date signed:
HUNTINGTON BEACH, CA 92647
Phone:
FAX:
714 841-1010
714)375-7131
Vendor's Email address:
Vendor's Web site:
INFO @CAMPBELLCORP.COM
www.CAMPBELLWINDOWFILM,COM
Mail original agreement and insurance to: City of El Segundo — City Clerk 350 Main Street, Room 5, El Segundo, CA 90245-3813
Originator/Department Contact: J ]issa Sdano.21DAlanmement Anal 1 gate initiated 7 7r20
Department Head Approval: Date Approved:
Insurance Approval: DALAr"awwaek 8/10/22
r`Iri
Coy Aft 'rney
r
City Manager
City
Campbell Corp - Ballistic Windows 7-27-22.doc 8/1122
Agreement No. 6469
1.GENERALLY. The materials, supplies, or services (collectively, 'Purchase')
covered by this services agreement and purchase order ('order") must be
furnished by Seller subject to all the terms and conditions contained in this order
which Seller, in accepting this order, agrees to be bound by and comply with in all
particulars. No other terms or conditions are binding upon the parties unless
subsequently agreed to in writing. Written acceptance or shipment of all or any
portion of the Purchase covered by this order constitutes unqualified acceptance
of all terms and conditions in this order. The terms of any proposal referred to in
this order are included and made a part of the order only to the extent it specified
the Purchase ordered, the price, and the delivery, and then only to the extent that
such terms are consistent with the terms and conditions of this order.
2.INSPECTION. The Purchase furnished must be exactly as specified in this
order, free from all defects in Seller's performance, design, workmanship, and
materials, and, except as otherwise provided, is subject to inspection and test by
City at all times and places. If, before final acceptance, any any Purchase is found
to be incomplete, or not as specified, City may reject it, require Seller to correct it
without charge, or require delivery of such Purchase at a reduction in price that is
equitable under the circumstances, If seller is unable or refuses to correct such
items within a time deemed reasonable by City, City may terminate the order in
whole or in part. Seller bears all risks as to rejected Purchases and, in addition to
any costs for which Seller may become liable to City under other provisions of this
order, must reimburse City for all transportation costs, other related costs incurred,
or payments to Seller in accordance with the terms of this order for unaccepted
Purchases. Notwithstanding City's acceptance of any Purchase, Seller is liable for
latent defects, fraud, or such gross mistakes as constitute fraud.
3.CHANGES. City may make changes within the general scope of this order in
drawings and specifications for specially manufactured supplies, place of delivery,
method of shipment or packing of the order by giving notice to Seller and
subsequently confirming such changes in writing. If such changes affect the cost
of or the time required for performance of this order, an equitable adjustment in
the price or delivery or both must be made. No change by Seller is allowed
without City's written approval. Any claim by Seller for an adjustment under this
section must be made in writing within thirty (30) days from the date of receipt by
Seller of notification of such change unless City waives this condition in writing.
Nothing in this section excuses Seller from proceeding with performance of the
order as changed.
4. TERMINATION. City may terminate this order at any time, either verbally or in
writing, with or without cause. Should termination occur, City will pay Seller as full
performance until such termination the unit or pro rata order price for the
performed and accepted portion of the Purchase. City may provide written notice
of termination for Seller's default if Seller refuses or fails to comply with this order.
If Seller does not cure such failure within a reasonable time period, or fails to
perform the Purchase within the time specified (or allowed by extension), Seller
will be liable to City for any excess costs incurred by City.
S.TIME EXTENSION. City may extend the time for completion if, in City's sole
determination, Seller was delayed because of causes beyond Seller's control and
without Seller's fault or negligence. In the event delay was caused by City,
Seller's sole remedy is limited to recovering money actually and necessarily
expended by Seller because of the delay; there is no right to recover anticipated
profit.
&REMEDIES CUMULATIVE. City's rights and remedies under this order are not
exclusive and are in addition to any rights and remedies provided by law.
7.TITLE. Title to materials and supplies purchased under this order pass directly
from Seller to City upon City's written acceptance following an actual inspection
and City's opportunity to reject.
&PAYMENT. City will pay Seller after receiving acceptable invoices for materials
and supplies delivered and accepted or services rendered and accepted. City will
not pay cartage, shipping, packaging or boxing expenses unless specified in this
order. Drafts will not be honored.
9.INDEMNIFICATION. Seller agrees to indemnify and hold City harmless from
and against any claim, action, damages, costs (including, without limitation,
attorney's fees), injuries, or liability, arising out of the Purchase or the order, or
their performance. Should City be named in any suit, or should any claim be
brought against it by suit or otherwise, whether the same be groundless or not,
arising out of the Purchase or order, or their performance, Seller will defend City
(at City's request and with counsel satisfactory to City) and indemnify City for any
judgment rendered against it or any sums paid out in settlement or otherwise. For
purposes of this section 'CiY includes City's officers, elected
officials, and employees. It is expressly understood and agreed that the foregoing
provisions will survive termination of this order. The requirements as to the types
and limits of insurance coverage to be maintained by Seller, and any approval of
such insurance by City, are not intended to and will not in any manner limit or
qualify the liabilities and obligations otherwise assumed by Seller pursuant to this
order, including, without limitation, to the provisions concerning indemnification.
10.WARRANTY. Seller agrees that the Purchase is covered by the most
favorable commercial warranties the Seller gives to any customer for the same or
substantially similar supplies or services, or such other more favorable warranties
as is specified in this order. Warranties will be effective notwithstanding any
inspection or acceptance of the Purchase by City.
11.ASSIGNMENT. City may assign this order. Except as to any payment due
under this order, Seller may not assign or subcontract the order without City's
written approval. Should City give consent, it will not relieve Seller from any
obligations under this order and any transferee or subcontractor will be considered
Seller's agent
12.INSURANCE. Seller must provide the insurance indicated on the face sheet of
this Services Agreement.
13.PERMITS. Seller must procure all necessary permits and licenses, and abide
by all federal, state, and local laws, for performing this order.
14.INDEPENDENT CONTRACTOR. City and Seller agree that Seller will act as
an independent contractor and will have control of all work and the manner in
which is it performed. Seller will be free to contract for similar service to be
performed for other employers while under contract with City. Seller is not an
agent or employee of City and is not entitled to participate in any pension plan,
insurance, bonus or similar benefits City provides for its employees. Any provision
in this order that may appear to give City the right to direct Seller as to the details
of doing the work or to exercise a measure of control over the work means that
Seller will follow the direction of the City as to end results of the work only.
15.WAIVER. City's review or acceptance of, or payment for, work product
prepared by Seller under this order will not be construed to operate as a waiver of
any rights City may have under this Agreement or of any cause of action arising
from Seller's performance. A waiver by City of any breach of any term, covenant,
or condition contained in this order will not be deemed to be a waiver of any
subsequent breach of the same or any other term, covenant, or condition
contained in this order, whether of the same or different character.
%INTERPRETATION. This Agreement was drafted in, and will be construed in
accordance with the laws of the State of California, and exclusive venue for any
action involving this agreement will be in Los Angeles County.
17. PREVAILING WAGES. If required by applicable state law including, without
limitation Labor Code §§ 1720 (as amended by AB 975 (2001)), 1771, 1774,
1775, and 1776, CONTRACTOR must pay its workers prevailing wage. It is
CONTRACTOR'S responsibility to interpret and implement any prevailing wage
requirements and CONTRACTOR agrees to pay any penalty or civil damage
resulting from a violation of the prevailing wage laws. In accordance with Labor
Code § 1773.2, copies of the prevailing rate of per diem wages are available upon
request from CITY's Engineering Division or the website for State of California
Prevailing wage determination at http:ltwww.dir.ca.gov/D[.SRfRWD. A copy of the
prevailing rate of per diem wages must be posted at the job site.
18. CONSIDERATION. As consideration, CITY agrees to pay CONTRACTOR for
CONTRACTOR's services not to exceed a total of $5,795.00 (five thousand seven
hundred ninety-five dollars) for the work. CITY will pay for work as specified in the
attached Exhibit 'A' which is incorporated by reference.
Services to include:
REFER TO ATTACHED PROPOSAL, EXHIBIT A, DATED 7(1/2022
Campbell Corp - Ballistic Windows 7-27-22.doc 8/1/22
7i29i22, 1:08 PM Proposal Agreement No. 6469
�"" Illllfwii`NIIII
Brookshire Lane Hunts � �
Huntington Beach, CA 92647
714-841-1010 Phone
714-375-7131 Fax
info@campbellcorp.com
cam pbellwindowfilm.com
State License # 788455
Customer
El Segundo Police Department
Tanner Griffin
348 Main St.
El Segundo, CA 90245
Work: 310-722-3854
tgriffing@elsegundo.org
Additional Contact:
El Segundo Police Dept.
Cory McEnroe
cmcenroe@elsegundo.org
1/y 91r NIi Iht ! F
Thu 7/7/2022 4:OOPM
Job ID 29437 Cu � -YIM.Y
st # 30447
Proposal Total
Scope: Operable Windows are (2) with frame, hinges, and slide bolt latches. Price includes materials and labor and removal and disposal of existing windows.
SEC LN AREA PANES PRODUCT DESCRIPTION PRICE
1 1 AP125BR Operable Windows -Material Draw 2,000.00
Section Total 0 $2,000.00
2 2 AP125BR Operable Windows -Balance
3 3 Tax
h
Section Total
Section Total
Panes Total
3,552.00
0 $3,562.00
Adjustment 243.00
0 $243.00
0
Subtotal $5,795.00
Order Total $5,795.00
The above quote assumes the accuracy of all information provided by Customer and that there are no extraordinary site conditions which would
make installation unusually difficult. The quote is subject to change if site conditions, scope of work, and/or materials needed are different than
as has been represented to Campbell. No binding contract will exist until a separate Purchase Agreement is signed by the parties. The quote
provided above will remain good until the earlier of (a) the "good until" date listed above, or (b) Campbell's withdrawal of the quote in writing.
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7/29/22, 1:08 PM Proposal Agreement No. 6469
TERMS AND CONDITIONS
Campbell Window Film ("CWF") shall furnish and install or furnish only the products and services as indicated herein, on the
attached Work Proposal and on attached addendums. Buyer shall pay or cause to be paid to CWF in consideration therefore
the entire sum set forth in those documents. Until such time as this Contract is accepted by Buyer, it shall be considered as a
proposal only. If not accepted by the Buyer within ninety (90) days of the date indicated above, it shall not be binding on
CWF.
Standard general liability and workers comp insurance included in the price. Additional certificate holders can be added at
no charge. Buyer is responsible for cost of additional coverage, waivers or endorsements if required. Contractor carries
commercial general liability insurance written by Nationwide Mutual Insurance Company. You may call Insurance Solutions
at 949-348-7400 to check Contractor's insurance coverage. CWF carries workers' compensation insurance for all employees.
Buyer shall obtain and pay for insurance against injury to his own employees and persons under persons on the job site at
Buyer's invitation.
1. Contractors' State License Board (CSLB). Contractors are required by law to be licensed and regulated by
the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint
regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a
latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any
questions concerning a contractor may be referred to the Registrar, Contractors' State License Board P.O. Box 26000,
Sacramento, CA 95826.
2. Attorney's Fees. In the event that it becomes necessary to retain the services of an attorney in order to
enforce any of the provisions of this contract, the prevailing party shall be entitled to recover attorney's fees and costs in
addition to any other relief to which the prevailing party may be entitled. For purposes of this paragraph "prevailing party"
shall be deemed to include any party to this Contract (or their assigns or successors in interest) to whom payment of any
sum is made by another party to this Contract in settlement of, or as part of, the resolution of any controversy, whether or
not court proceedings or arbitration has been instituted.
3. Other Fees. If requested by Buyer, consulting fees will be determined by actual time spent and billed in 15
minute increments at $145.00 per hour. Consulting includes value engineering, additional site surveys, test panel
installation, energy analysis, proof of technology and graphic design services not outlined in the attached Work Proposal. It
is understood between Buyer and CWF that CWF's performance of these services does not guarantee that Buyer will
proceed forward with the recommended work on the Project, nor that Buyer will select CWF to perform the recommended
work. However, if Buyer opts to seek bids from other contractors, Buyer will offer CWF a chance to also provide its bid to
complete the work. Buyer understands credit charges over $20,000 will incur a 3% processing fee.
4. Performance and Payment Bond. The Buyer shall have the right to require CWF to obtain a performance
and Payment Bond, the expense of which will be paid by the Buyer.
5. Arbitration of Disputes. Any dispute, claim or controversy arising out of or relating to this agreement or
the breach, termination, enforcement, interpretation or validity thereof, that develops between CWF and Buyer with regard
to matters arising out of, or relating to, this contract including the determination of the scope or applicability of this
agreement to arbitrate, shall be decided by arbitration administered by and in accordance with the construction industry
arbitration rules of the American Arbitration Association unless the parties agree otherwise in writing. This paragraph shall
be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final, and
judgment may be entered on it in any court of competent jurisdiction. Notice: By signing in the space below you are
agreeing to have any dispute arising out of the matters included in the "arbitration of disputes" provision decided by
neutral arbitration as provided by California law and you are giving up any rights you might possess to have the dispute
litigated in a court or jury trial.
6. Extra Work and Change Orders. (a) The Buyer may not require CWF to perform extra or change order
work without providing written authorization prior to the commencement of any work covered by the new change order.
Extra work or a change order is not enforceable against the Buyer unless the change order also identifies all of the following
in writing prior to the commencement of any work covered by the new change order:
(1) the scope of the work encompassed by the order,
(2) the amount to be added or subtracted from the Contract, and
(3) the effect the order will make in the progress payments or the completion date.
(b) CWF's failure to comply with these requirements does not preclude the recovery of
compensation for work performed based upon legal or equitable remedies designed to prevent unjust enrichment. Extra
Work and Change Orders become part of the contract once the order is prepared in writing and signed by the parties prior
to the commencement of any work covered by the new change order.
(c) Change orders become necessary when any of the following occur:
(1) unforeseen problems or obstacles are discovered after work has begun that could not have been predicted or
(2) identified prior to contract signing when CWF has exercised due diligence and utilized industry -wide practices
during the bidding process to identify all likely problems and obstacles.
(3) any alterations or deviation from the specifications or any hidden, concealed and unforeseeable conditions
involving extra cost of material or labor will be executed upon written order for same, and will become an extra
charge over the sum mentioned in this contract.
(d) Accessibility to the glass is limited by no fault of CWF, unusually strong adhesive bond of old
film to the glass is discovered during the removal process requiring additional labor and materials to complete removal
of old film, glass is broken or improperly installed and must be repaired or corrected, delays are caused by buyer and/or
other contractors on the job site, and any increase in the scope of work requested by the Buyer.
7. Responsibility of Parties. CWF shall promptly notify the Buyer of latest physical conditions at the site
differing materially from those indicated in this contract, or physical conditions differing materially from those ordinarily
encountered and generally recognized as inherent in work of the character provided for in this contract. Buyer shall pay for
any expense incurred due to such conditions. The Buyer is responsible to supply water, gas, sewer and electrical utilities
unless otherwise agreed to in writing. Electricity and water to the site is necessary. Buyer agrees to allow and provide CWF
employees access to the property and toilet facilities. The Buyer is responsible to remove or protect any personal property
and CWF is not responsible for any personal property. If applicable, Buyer shall request approval for alterations by Landlord
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prior to the commencement of the work.
8. Delays. CWF agrees to start and diligently pursue work through to completion, but shall not be
responsible for delays for any of the following reasons: failure of the issuance of all necessary building permits within a
reasonable length of time, funding of loans, disbursement of funds into funding control or escrow, acts of neglect or
omission of Buyer or Buyer's employees or Buyer's agent, acts of God, stormy or inclement weather, strikes, lockouts,
boycotts, or other labor union activities, extra work ordered by Buyer or caused by unforeseen obstacles, accessibility
limitations, unusually strong adhesive bond of old film to glass during the removal process, broken or improperly installed
glass, delays due to Buyer and/or other contractors on the job site, acts of public enemy, riots or civil commotion, inability
to secure material through regular recognized channels, imposition of government priority or allocation of materials, failure
of Buyer to make payments when due, miss -manufactured material, or delays caused by inspection or changes ordered by
the inspectors of authorized governmental bodies, or for acts of independent contractors, or holidays, or other causes
beyond CWF's reasonable control.
9. Plans & Specifications. If plans and specifications are prepared for this job, they shall be attached to and
become part of the agreement. Quotes based on customer provided measurements may have changes in price based on
site inspection. The drawings for the project, the specifications for the project, and this Contract are intended to
supplement each other so that any work mentioned in one of those instruments but not in the others will be performed in
the same manner as if mentioned in all of the instruments. If a conflict arises between the instruments, the specifications
will control over the drawings, and this Contract will control over both the drawings and the specifications.
10. Notice of Completion. Buyer will execute, acknowledge, and record in the manner provided by law a
notice of completion of the project within three (3) days after final inspection and approval of the project. Buyer hereby
appoints CWF as Buyer's agent to sign and record a notice of completion on Buyer's behalf if Buyer, following the foregoing
final inspection and approval, fails to record a notice of completion. This agency is irrevocable and is coupled with an
interest.
11. Mechanics Liens. Under the California Mechanics' Lien Law, any contractor, subcontractor, laborer,
supplier or other person or entity that helps improve your property, but is not paid for his or her work or supplies, has the
right to place a lien on your home, land or property where the work was performed and to sue you in court to obtain
payment. This means that after a court hearing, your home, land or property could be sold by a court officer and the
proceeds of the sale used to satisfy what you owe. To preserve their rights to file a claim or lien against your property,
certain subcontractors or suppliers are required to provide you with a Preliminary Notice. A Preliminary Notice is not a lien
against your property. Its purpose is to notify you of persons or entities that may have a right to file a lien against your
property if they are not paid. In order to protect their lien rights, they must file a mechanic's lien against your property
within 90 days of substantial completion of your project.
12. Right to Stop Work. CWF shall have the right to stop work if any payment shall not be made when due to
CWF under this agreement. CWF may keep the job idle until all payments due are received. This remedy is in addition to any
other right or remedy that the CWF may have. Failure to make payment when due is a material breach of this agreement.
Buyer acknowledges that the additional costs for the delay in stopping and starting the project shall be treated as extra
work and allows CWF to charge additional costs in accordance with paragraph six (6) hereof.
13. Clean -Up. CWF will remove from job site debris and surplus materials created by the work and leave the
work space in a neat and broom clean condition.
14. Limitations. No action of any character arising from or related to this contract, or the performance
thereof shall be commenced by either party against the other more than one year after completion of the project or
cessation of work under this contract.
15. Compliance with Laws. In connection with the performance by CWF, pursuant to this agreement, Buyer
shall obtain and pay for all permits. CWF shall comply with all federal, state, county and local laws, ordinances and
regulations.
16. Valuable and Breakable Items. Buyer understands that they are responsible for removing any furnishings,
electronics, delicate items, and breakable and/or valuable articles in the vicinity of all work areas that could become
imperiled due to our installation activities.
17. Access. Buyer understands that they are responsible for providing clear access to the area of the property
where the work is to be performed:
(1) Interior Work: CWF may assist with moving furniture, but will not be responsible for moving unusually heavy or
fragile items, electronics, or other items that it deems out of the scope of our normal standards. Buyer agrees to
hold CWF harmless for any damage caused to the personal property of the Buyer. If Buyer needs furniture moving,
CWF is able to provide a quote for this additional work.
(2) Exterior Work: Lawns, driveways, gardens, flower beds, balconies, roof areas, etc. may be damaged during the
installation process despite using standard and prudent precautionary measures. Buyer agrees to hold CWF
harmless from any damage to these areas caused by normal walking, standing, climbing, lifting, scaffolding etc.
18. Other Terms and Conditions. Buyer represents that Buyer has sufficient funds to comply with Contract.
19. Modification. Any addendum, change order, modification or agreement which alters this Contract and
which is signed or initialed by Buyer and CWF shall be deemed a part of this Contract and shall be controlling in case of a
conflict with any provision in this Contract.
20. Notice. Any and all notices or other matters required or permitted by this Contract or by law to be served
on, given to, or delivered to either Buyer or CWF by the other party to this Contract must be in writing and will be deemed
duly served, given, or delivered when (1) personally delivered to the party to whom it is addressed or to a supervisorial
employee of that party, or (2) deposited in the United States mail, first-class postage prepaid, addressed to Buyer or to
CWF at the address listed in the first paragraph. Either party may change the party&rsquos address for these purposes by giving
written notice of the change to the other party in the manner provided in this paragraph.
21. Entire Agreement. During the buying process Buyer and CWF may have discussed many different
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products and/or options, features or systems. Regardless of any such discussions, this Contract and all addendums
incorporated constitute the entire agreement. No other agreements, oral or written, regarding the work to be performed
under this Contract existing between Buyer and CWF. Buyer specifically acknowledges that he is not relying on any verbal
representations by CWF or others, which are not included in writing in this Contract.
22. Guarantee. CWF does not guarantee any materials assemblies or units that CWF has purchased or will
purchase as part of the work covered by this Contract. All items installed and products purchased are subject to their
respective manufacturer's guarantees and in the warranties listed in the attached addendums incorporated herein by
reference - CWF Liability Disclaimer, Terms Of Use, Warranty & Liability Window Film, CWF Secure Screen Liability
Disclaimer, Terms Of Use, Warranty & Liability Waiver and Riot Glass and ArmorPlast Liability Disclaimer, Terms Of Use,
Warranty & Liability Waiver. All materials and workmanship are guaranteed to be as specified and the work to be
performed in accordance with this Contract, completed in a workman -like manner for the amount indicated. Any change(s)
from these specifications requiring extra time, labor or materials will result in additional charges to the contract amount. If
Buyer desires to match existing film, note that a perfect match cannot be guaranteed.
23. Cancellation. CWF, in its sole discretion, shall have the right to cancel this Contract within ten (10) days of
the job measurement appointment for any cause, in which case any deposit money will be promptly returned to the Buyer.
You, the Buyer, may cancel this transaction at any time prior to midnight of the 3rd business day after the date of this
transaction. Once the installation is scheduled, you may not cancel the installation prior to 24 hours of the installation date
without incurring fees to compensate for short notice cancellation and loss of other work, as days cannot be filled without
sufficient notice. Interest at the rate of one half (1 1/2) percent per month will be charged on past due invoices.
24. Governing Law. This Contract shall be construed in accordance with, and governed by, the laws of the
State of California. The price agreed to herein includes all CWF promotional offers and discounts, advertised or otherwise,
and is not subject to additional discounts due to future promotional offers.
I have read this agreement including all other pages and addendums and understand it. The prices, specifications and
conditions contained herein are accepted. CWF is authorized to furnish the materials and perform the work specified. I shall
make all payments as required herein.
CWF LIABILITY DISCLAIMER, TERMS OF USE, WARRANTY & LIABILITY WAIVER WINDOW FILM
The Contract price, unless specified, does not include removal and reinstallation of any window blinds, curtains or shades as needed
to accomplish the installation. CWF will not be held responsible for damage to these items as a result of old age, defective condition,
and/or deterioration. CWF is not responsible for glass breakage or damage caused by improper glass installation, previously scored glass by
other tradesmen, glass breakage due to thermal shock, unusually strong adhesive bond of old film during the removal process, old/weak glass
or any other cause not the fault of CWF. CWF will make every reasonable effort to avoid but cannot be held liable for glass damage during
removal process.
For anti -intrusion purposes, security film needs to be attached. If the frames do not permit for an attachment system to be installed,
or customer chooses not to install an attachment system, the safety and security film will not provide maximum anti -intrusion benefits. Specific
warranty coverage and period of time are determined by product installed. Manufacturer warrants that the window film installed will:
Maintain solar reflective properties without cracking, crazing, or peeling
Maintain adhesion properties without blistering, bubbling, or delaminating from the glass
Maintain appearance without discoloration
In the event the product is found to be defective under this warranty, Manufacturer will replace the quantity of film proved to be
defective free of charge. Labor may or may not be included please refer to Manufacturer's warranty. This warranty is provided only to the
original purchaser and is not transferable. Warranty does not cover interior window film for any delamination, discoloration, blistering, bubbling,
etc. if it has had its interior surface directly exposed to sunlight (i.e. doors or windows that swing out). Manufacturer also warrants against glass
failure due to thermal shock fracture caused only as a direct result of the application of the film applied to recommended types of glass and the
glass failure is reported to CWF within sixty (60) months from the start of the installation. There is a maximum replacement value of $500 per
window. This $500 does not include the customer deductible which varies by manufacturer. Any glass failure covered by this warranty must be
reviewed by Manufacturer prior to repair, and only covers film and glass replacement, labor is not included. This warranty is void if the product
has been subjected to abuse or improper care. CWF should not be liable in either tort or contract for any loss or damage, direct, indirect,
special, consequential, or incidental, arising out of the use or inability to use this product.
Buyer understands that they are responsible for removing any furnishings, electronics, breakable and/or valuable articles in the vicinity of all
work areas that could become imperiled due to our installation activities.
Installed window film needs time for full adhesion to take place. Since installation utilizes a detergent solution in the water to Float the film onto
the glass, the excess water will remain between the film and the glass until it dries. Typical cure time is between 30-90 days, depending on the
thickness of the film, specific coatings and weather conditions. Cold and/or cloudy weather conditions can lengthen the dry out time, while
warm weather and direct sunlight exposure can shorten the dry out time. It should be noted that effects during the curing process, such as
water bubbles, water distortion, and water haze are not to be regarded as defects. To inspect for optical quality, view the glass with the installed
film at right angles to the glass from the room side, at a distance of not less than 6 feet. Viewing shall be carried out in natural daylight, not in
direct sunlight, and shall assess the normal vision area with the exceptions of a 2-inch-wide band around the perimeter of the unit.
If the window film was installed in a high traffic area, Campbell will not be held responsible for damage to or destruction of during the curing
process. Warranty does not cover misuse, abuse or acts of God. The installation shall be deemed acceptable if any of the following are
unobtrusive (effects during visual cure should be disregarded): dirt particles, hairs and fibers, adhesive gels, fingerprints, air bubbles, water
haze, scores and scratches, film distortion, creases, edge light, nicks and tears. The inch -wide band around the perimeter shall be assessed by
a similar procedure so that a small number of particles are considered acceptable. Poor frame condition prevents the high -quality standards
normally achieved.
Edge/light gaps will normally be 1/32-1/16 inch (with 1/32-1/8 inch being acceptable for films > 7 mil). This allows for the water used in the
installation to be squeegeed out. This ensures that film edges are not raised up by contact with frame or gasket. Contact with the frame or
gasket could lead to peeling of the film.
Do not clean the film for 30 days after installation. This will help ensure proper curing of the adhesive system to the glass. Although the film has
a tough scratch resistant coating, do not use bristle brushes, abrasive scrubbing sponges, or any other cleaning materials that could scratch the
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film. Always use fresh, clean, soft materials to wash and dry your window film surfaces. Vinegar based solutions, squeegees, and soft cloths are
ideal for cleaning filmed windows. To make your own cleaning solution, mix 1-part vinegar with 10 parts distilled water. Common store-bought
ammonia -free window cleaning solutions are also safe to use on your tinted windows.
CWF SECURE SCREEN LIABILITY DISCLAIMER, TERMS OF USE, WARRANTY & LIABILITY WAIVER
The exact sizes and other pertinent information needed to process purchased and/or installed Secure Screens will be confirmed at the
job measurement appointment. At the time of the job measurement appointment, installation specifications will be finalized. CWF offers
its Secure Screen systems to you conditional upon your acceptance without modification of the terms, conditions, and notices contained. Secure
Screen products have been designed for a variety of uses, including but not limited to the protection of glazed openings. They have been lab
tested. The tests are in the public domain and focus on common intrusion attempts made against buildings. Typical situations were used for
testing, but because events of this type are violent in nature and the implements used to attack buildings can vary widely, it was not possible
for CWF to test the effectiveness of Secure Screens against all potential threats. It is for the purchaser to make its own determination as to the
suitability of Secure Screens for the intended use and purpose. These tests are not intended as a claim by any party but are a demonstration of
how Secure Screens performed under the lab conditions to which they were submitted. The purchaser agrees to hold CWF harmless from any
loss, failure, or other claim regardless of its nature. Once Secure Screens are installed, they cannot be altered in any way.
CWF warrants to its customer that Secure Screens are free from defects in material and workmanship for a period of one (1) year from the date
of invoice. Subject to the conditions and limitations set forth below, CWF will, at its exclusive option, either repair or replace products that prove
defective by reason of improper workmanship or materials. This warranty will not apply if, after inspection by CWF, it is determined that the
Secure Screens have been maintained in a manner that is not in conformity with the instructions and guidelines set forth by CWF for proper
maintenance.
CWF's responsibility to provide a remedy under this warranty shall be limited in its sole discretion to either a refund of the purchase price, or to
provide a replacement of the Secure Screens. The refund or replacement shall constitute the limit of CWF's liability and obligation for any
material defect or defect in workmanship in a Secure Screen. This warranty does not compensate any expenses on labor, transportation, or
maintenance check-up. The warranty only covers products that have been installed and applies to only the original purchaser.
This warranty excludes product failure caused by normal weathering, chalking, scratching, fading, negligence, abuse, accident, improper use,
acts of God or other causes unrelated to defective materials or workmanship.
This warranty is exclusive, and CWF makes no other warranty, express or implied, including without limitation, any implied warranty
of merchantability or fitness for a particular purpose. In no event shall CWF be liable under any legal theory (including but not limited
to contract, negligence, strict liability in tort, or warranty of any kind) for any indirect, special, incidental, consequential, or exemplary damages
(including but not limited to lost profits).
The Stainless Steel mesh is covered by a five (5) year warranty. The five (5) year warranty is defined as the serviceable life of the product, the
period during which the stainless steel mesh is serviceable and/or available with reference to ISO 9044 (International Organization
for Standardization & Industrial woven wire cloth &technical requirements and tests) and AS 3715 (Australian Standards &Thermoset
powder coatings for architectural applications of aluminum and aluminum alloys).
CWF's employees or representative's oral or other written statements do not constitute warranties and shall not be relied upon by the Buyer,
and are not part of the contract for sale or part of the limited warranty.
This document states the entire obligation of CWF with respect to its Secure Screen products. If any part of this disclaimer is determined to be
void, invalid, unenforceable or illegal, including, but not limited to, the warranty disclaimers, liability disclaimers, and liability limitations set
forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement shall remain in full force and effect. CWF reserves the right to change
the terms, conditions, and notices under which their products are offered.
Secure Screens Cleaning Guide: Airborne dust, dirt, and impurities can accumulate over time in the mesh causing visual defects to the Secure
Screens. In order to prevent this, and ensure enduring quality and extended product lifespan, the following care is recommended: regularly
clean the Secure Screens every month. Wash down mesh and frame using a soft cloth, mild soap or detergent and water, taking care to remove
any excess moisture or water when done. Avoid using any sharp objects or materials when cleaning to prevent visual defects.
RIOT GLASS AND ARMORPLAST LIABILITY DISCLAIMER, TERMS OF USE, WARRANTY & LIABILITY WAIVER
CWF offers its Riot Glass and ArmorPlast products are offered to you conditional upon your acceptance without modification of the
terms, conditions, and notices contained. Riot Glass and ArmorPlast products have been designed for a variety of uses, including but not
limited to, the protection of glazed openings. They have been lab tested. The tests are in the public domain and focus on common intrusion
attempts made against buildings. Typical situations were used for testing, but because events of this type are violent in nature and the
implements used to attack buildings can vary widely, it was not possible for CWF to test the veracity of Riot Glass and ArmorPlast products
against all potential threats. It is for the purchaser to make its own determination as to the suitability of Riot Glass and ArmorPlast products for
the intended use and purpose. These tests are not intended as a claim by any party but are a demonstration of how Riot Glass and ArmorPlast
products performed under the lab conditions to which they were submitted. The purchaser agrees to hold CWF harmless from any loss, failure,
or other claim regardless of its nature. Once Riot Glass and ArmorPlast products are installed they cannot be altered in any way.
Riot Glass and ArmorPlast products are warranted against any manufacturer defect for a period of five (5) years from the date of purchase to
the original purchaser. CWF's sole responsibility will be replacement of the panel(s) to the purchaser after it has been determined that it is
indeed, in CWF's sole estimation, a manufacturing defect. In no event shall CWF be liable for any direct, indirect, punitive, incidental, or
consequential damages, whatsoever arising out of, or connected with the use or misuse of its product. CWF's employees or representatives oral
or other written statements, do not constitute warranties and shall not be relied upon by the Buyer, and are not part of the contract for sale or
part of the limited warranty. This document states the entire obligation of CWF with respect to its Riot Glass and ArmorPlast products. If any
part of this disclaimer is determined to be void, invalid, unenforceable or illegal, including, but not limited to, the warranty disclaimers, liability
disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the agreement shall remain in full force and effect. This disclaimer
statement is governed by the laws of California, USA. You hereby consent to the exclusive jurisdiction and venue of the Courts of competent
jurisdiction in all disputes arising out of or relating to the use of Riot Glass and ArmorPlast products. Use of Riot Glass and ArmorPlast products
is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this
paragraph.
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CWF reserves the right to change the terms, conditions, and notices under which their products are offered. Riot Glass and ArmorPlast. Pre -
rinse the Riot Glass or ArmorPlast product with water to remove surface dust and debris before cleaning. Wash the Riot Glass or ArmorPlast
product with a mild soap or detergent (e.g. Joy dishwashing liquid) and lukewarm water using a clean sponge or a microfiber cloth. Rinse well
with clean water. Dry thoroughly with a chamois or moist cellulose sponge to prevent water spots. Do not scrub or use brushes, the coating is
UV -resistant, not mar -resistant. Fresh paint splashes, grease, and smeared glazing compounds can be removed easily before drying by rubbing
lightly with isopropyl alcohol. Afterward, a warm final wash should be made, using a mild soap or detergent solution and ending with a thorough
rinsing with clean water. Scratches and minor abrasions can be minimized by using a mild automobile polish. Products that tend to polish and fill
scratches are Johnson Paste Wax, Novus Plastic Polish #1 and #2 (Novus Inc., Minneapolis, MN), Mirror Glaze plastic polish (m.G.M10 &
Mirror bright Polish Co., Pasadena, CA), and Plexus (B.T.I. Chemical, Agoura, CA). It is suggested that a test polish be made on a small,
inconspicuous section of your Riot Glass or ArmorPlast with the polish selected and that the manufacturer's instructions be followed before
polishing all product installed.
Important "Don'ts":
• DO NOT use abrasive or highly alkaline cleaners on Riot Glass or ArmorPlast products.
• Never scrape products with squeegees, razor blades or other sharp instruments.
• Benzene, gasoline, acetone, or carbon tetrachloride should never be used.
• DO NOT clean in hot sun or at elevated temperatures.
The following cleaning agents have been found compatible with Riot Glass or ArmorPlast. The manufacturer's recommendations and
instructions should be followed.
• Joy liquid soap
• Freon T.F.
• Palmolive liquid soap
• Top Job
• VM&P grade Naphtha
• Windex with Ammonia D
DISCLAIMER
SELLER DISCLAIMS ALL IMPLIED WARRANTIES AND SIMILAR OBLIGATIONS (OTHER THAN GOOD TITLE)
INCLUDING BUT NOT LIMITED TO THOSE OF FITNESS FOR A PARTICULAR PURPOSE, AND
MERCHANTABILITY, WHETHER OTHERWISE ARISING BY LAW, CUSTOM, USAGE, TRADE PRACTICE,
COURSE OF DEALING, OR COURSE OF PERFORMANCE.
Buyer acknowledges the installation of the goods must be performed by an authorized dealer and with the correct procedures to achieve any
particular purpose or safety result. There are no warranties which extend beyond those express warranties contained in the purchase
agreement between Buyer and Seller. Buyer affirms that it has not relied upon Seller's skill nor judgment to select or furnish the Goods for any
particular purpose beyond the specific express warranties in the Agreement. Any design provided by Seller is based on information provided by
Buyer. Seller does not warrant the Goods will comply with the requirements of any safety or environmental code or regulation of any federal,
state, municipality or other jurisdiction beyond the
specific express warranties or test data in the Agreement.
Buyer acknowledges although components of the Riot Glass, Inc products may contain specific ratings, including ballistics -grade products, such
tests were performed in laboratory conditions, in a controlled environment, and only related as a specific component of the overall system.
Buyer acknowledges Buyer is purchasing an installed system comprising of multiple components which have been rated, tested, or approved for
varying performance levels including ballistics, or fitness of a particular purpose, including but not limited to preventing intrusion by any or
limited means. Furthermore, neither Campbell Corporation nor Riot Glass, Inc can guarantee the installed system will provide the necessary
protection to Buyer's property due to the variance of the environment from
laboratory conditions. Campbell Corporation and Riot Glass, Inc specifically disclaim any implied warranties, including fitness for a particular
purpose and merchantability, and advises Buyer to conduct its own research to determine the best solution for Buyer's unique situation.
Buyer acknowledges that in order to have a retrofit system installed onto, or within your existing storefront, curtain wall, or other glazing
system, it is necessary to add mechanical fasteners to ensure the proper strength is achieved. These mechanical fasteners may void the original
window system's manufacturer's warranty. There are no warranties which extend beyond those express warranties contained in the purchase
agreement between Buyer and Seller, including none that would supersede or
act in lieu of any existing manufacturer's warranty. Buyer authorizes Seller to proceed with installation despite the voiding of any existing
window system warranty.
EGRESS
Riot Glass systems should not be used on any window, door, or other opening intended for fire egress. If the Riot Glass system in any way
would prevent such egress, do not install this product. Check with your local fire department and building code authority before installing Riot
Glass products.
IMPORTANT NOTE
Clients must have a professional window cleaner clean and detail the glass and frames (whichever side we are installing on) prior to our
installation. Our installers will do a cursory light cleaning prior to installation, however paint overspray, lime stains, caked on dirt, stickers, old
film etc ... will not be removed. Having the building pressure washed (for exterior applications) is a very good option. If glass is not cleaned
prior to installation day, client may be asked to sign a disclaimer understanding that once the AP system is installed the outboard side of the
glass will not be accessible.
Acceptance of Proposal /Authorization to Work:
I have read the attached terms and conditions. The price, specifications, film shade choices, terms and conditions are final and satisfactory to
me and hereby accepted. My signature authorizes you to do the work.
Date Customer Signature ® i Customer Print Name
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