TABLE OF CONTENTS
…………………………………………………………………………………………………PAGE NO.
REQUEST FOR PROPOSALS ………………………………..
2
INSTRUCTION TO PROPOSERS……………… ……………………… ……………3
PROPOSAL FORM………………………………… ………………………………...7
NON-COLLUSION AFFIDAVIT……………...………………………..………………….14
BUSINESS RELATIONSHIP AFFIDAVIT .............................................................. .15
CONTRACT AGREEMENT ................................................................................... .16
APPOINTMENT OF A PURCHASING AGENT...................................................... .20
MAINTENANCE BOND ......................................................................................... .21
PERFORMANCE BOND ....................................................................................... .23
STATUTORY BOND ............................................................................................. .25
INVOICE AFFIDAVIT ............................................................................................ .27
APPLICATION AND CERTIFICATE FOR PAYMENT............................................ .28
CONTRACTOR’S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS .............. .30
CONTRACT SPECIFICATIONS………………………………………………...……….31
Request for Proposals
RFP NOTICE RFP24-016
Sealed proposals will be received by the Purchasing Manager for the City of Edmond,
Edmond, Oklahoma, online via the City’s online bidding system until 2:00 p.m., Central Local
Time, on April 11, 2024 for the TOWER CONSTRUCTION PROJECT. This project consists
of furnishing all required materials, supplies, equipment, tools, and plant to perform all
necessary labor for the construction of TOWER CONSTRUCTION PROJECT. This project is
subject to tax-exempt status.
The work shall be done in accordance with plans and specifications on file in the City
Purchasing Agent's Office. Plans, specifications, and other bidding documents are
available for public inspection and copies may be obtained by visiting our website at
www.edmondok.com..
A mandatory pre-proposal meeting will be held on February 29, 2024 at 1:00 pm Central Local
Time, at the Edmond Public Safety Communications Center, 100 East First, Edmond, OK
73034. Bidders must attend the pre-proposal meeting to be eligible to submit a
response for this project.
Questions must be submitted using the online bidding system. The last day to
submit questions is March 14, 2024 in case an Addendum is necessary.
The City of Edmond Purchasing Department is the only authorized source of RFP documents.
Documents obtained from any other source may be incomplete. All proposals shall be
submitted using the online bidding system. Proposers are required to register as a supplier
at http://www.edmondok.com/ to bid and enable receipt of any necessary addenda or
correspondence.
Bids submitted more than ninety-six (96) hours, excluding Saturdays, Sundays and holidays,
before the time set for opening the bids, as well as bids submitted after the time set for receipt
of bids, WILL NOT be considered.
A cashier's check, a certified check, or a surety bond in the amount of five percent (5%) of the
bid shall be required of each proposer. Deposits will be returned to the unsuccessful proposers.
The bid bond should be submitted online at the time of online bid submission closing date
and time.
Each proposal submitted is a legal offer and when accepted by the City, constitutes a FIRM
AND BINDING CONTRACT. The City reserves the right to REJECT ANY or ALL PROPOSALS.
The City of Edmond reserves the unconditional right to cancel all or any portion of this project
within thirty (30) days from the date of opening of bids, for any reason and at its sole discretion.
By submitting a proposal for services, the proposer certifies that they, and any proposed
subcontractors, are in compliance with 25 O.S. §1313 and participate in the Status Verification
System. The Status Verification System is defined in 25 O.S. §1312 and includes but is not
limited to the free Employment Verification Program (E-Verify) available at www.dhs.gov/E-
Verify.
INSTRUCTION TO PROPOSERS
EXAMINATION OF SITE Each proposer by making his bid represents that he has visited the site and
familiarized himself with all the conditions under which the work is to be performed. No extra compensation
will be allowed by reason of any matters or things concerning which the proposer did not inform himself
prior to bidding.
EASEMENTS Work performed on, or use of, easements shall be subject to the provisions of the easement
agreements on file and open to inspection in the office of the Owner.
EXAMINATION OF BIDDING DOCUMENTS Each proposer by making his bid represents that he has
read and understands the bidding documents. The proposer shall include in his bid prices any and all
costs that may be necessary to complete the work in accordance with the requirements of the contract
documents.
SUBSURFACE EXPLORATION DATA Investigations of subsurface conditions at the site is the
responsibility of the Contractor. The Owner assumes no responsibility whatsoever with respect to the
sufficiency of the Contractor's investigations, or of their interpretation, and there is no guarantee, either
expressed or implied, that the conditions found by the Contractor are representative of those existing
throughout the work or any part of it, or that unforeseen developments may not occur. The Contractor
shall plan his work based upon his own subsurface information and assume responsibility for conditions
other than those he may find.
INTERPRETATION OF CONTRACT DOCUMENTS Questions regarding documents, discrepancies,
omissions, or intent of the specifications or drawings shall be submitted in writing to the Owner through the
Engineer at least seven (7) days prior to opening of bids to provide time for issuing and forwarding an
addendum. Any interpretation of the contract documents will be made only by addendum duly issued or
delivered by the Owner to each person receiving a set of documents. The Owner will not be responsible
for any other explanations or interpretation of the contract documents.
MATERIAL SUBSTITUTION Each proposer shall base his bid upon the materials and equipment as
described in the bidding documents. The successful contractor will not be allowed to make any
substitutions on his own initiative, but in each instance will be required to obtain authorization from the
Owner before installing any work in variance with the requirements of the contract documents.
APPROXIMATE QUANTITIES On all items on which bids are to be received on a unit price basis, the
quantities stated in the bid will not be used in establishing final payment due the Contractor. The quantities
stated, on which unit prices are invited, are approximate only and each proposer shall make his own
estimate from the contract drawings of the quantities required on each item and calculate his unit price bid
for each item accordingly. Bids will be compared on the basis of number of units stated in the bidding
schedule. Payment on the contract or unit price items shall be based on the actual number of units installed
in the completed work.
BOUND COPY OF CONTRACT DOCUMENTS None of the constituent parts or portions thereof of these
contract documents shall be removed from this bound copy of documents prior to the filing of this bid.
BID SECURITY No bid will be considered unless the original copy filed with the Purchasing Director is
accompanied by a Bidder's Bond, Certified Check, or Cashier's Check in the required amount, made
payable to the Owner. The bid security shall be in the amount of five percent (5%) of the total amount of
the bid. It shall be five percent (5%) of the highest amount in the event of an alternate or several bids.
The bid security is required as evidence of good faith and as a guarantee that if awarded the Contract, the
proposer will execute the Contract and furnish the required bonds and insurance within the required time
and the guarantee will serve as liquidated damages in the event of failure to do so.
3
QUALIFICATIONS OF PROPOSERS IN DETERMINING THE LOWEST RESPONSIBLE BID, THE
FOLLOWING ELEMENTS WILL BE CONSIDERED: WHETHER THE PROPOSER INVOLVED (A)
MAINTAINS A PERMANENT PLACE OF BUSINESS; (B) HAS ADEQUATE PLANT EQUIPMENT TO DO
THE WORK PROPERLY AND EXPEDITIOUSLY; (C) HAS A SUITABLE FINANCIAL STATUS TO MEET
OBLIGATIONS INCIDENT TO THE WORK; AND (D) HAS APPROPRIATE TECHNICAL EXPERIENCE.
Each proposer may be required to show that former work performed by him has been handled in such
manner that there are no just or proper claims pending against such work and meets qualifications in the
project’s specifications. No proposer will be acceptable if he is engaged on any other work which impairs
his ability to finance this contract or provide proper equipment for the proper execution of same. Each
proposer shall demonstrate his ability of meeting all requirements herein stipulated, if asked for them.
RETURN OF BID SECURITIES The security of the three lowest proposers will be returned after the
execution of the agreement with the successful proposer and the approval of his bonds and insurance.
The security of all other proposers will be returned promptly after the bids have been opened and reviewed
by the Owner. If all bids are rejected, the securities will be returned at the time of rejection.
AGREEMENT, BONDS, INSURANCE The attention of proposers is specifically directed to the forms of
agreement and bonds to be executed and the types of insurance to be taken out in the event a contract
award is made. The undersigned proposer hereby agrees to furnish the required Performance Bond,
Statutory Bond, Maintenance Bond, Builder’s Risk, and evidence of General Liability Insurance with a
minimum of 2 million dollars per occurrence and a minimum of 5 million dollars aggregate insurance. The
General Liability insurance policy must also name the City of Edmond as an additional insured and the
contractor’s policy shall be the primary policy. The contractor shall also supply automobile insurance and
enter into a contract within fifteen (15) days after the acceptance of this proposal.
BID SUBMITTAL Each bid, properly signed, together with the bid security, affidavits, and qualification
statements (if required), shall be enclosed in a sealed envelope addressed and entitled as specified in the
Invitation to Bid. All addenda issued shall be signed and included with the documents at the time of bid
submittal.
The following documents shall be completed in whole:
1. Bid Proposal Form.
2. Bid Bond, Cashier's Check, or Certified Check.
3. Business Relationship Affidavit.
4. Non-Collusion Affidavit.
5. Qualification Statements if required.
WITHDRAWAL OF BID Any bid may be withdrawn at any time prior to the hour fixed in the Invitation to
Bid for the opening of bids, provided that a request in writing executed by the proposer or his duly
authorized representative for the withdrawal of such bid is filed with the Owner prior to the time specified
for the opening of bids. The withdrawal of a bid will not prejudice the right of a proposer to file a new bid,
except that the new bid must be submitted prior to the date and time for submitting bids.
PENALTY FOR COLLUSION If at any time it shall be found that the person, firm, or corporation to whom
the Contract has been awarded has, in presenting any bid or bids, colluded with any other party or parties,
then the Contract so awarded shall be null and void, and the Contractor and his sureties shall be liable to
the Owner for all loss for damage which the Owner may suffer thereby, and the Owner may advertise for
new bids for said work.
4
LICENSE Each proposer shall possess state and local licenses as are required by law, and shall furnish
satisfactory proof to the Owner upon request that the licenses are in effect during the entire period of the
Contract.
AWARD OF CONTRACT The award of any contract or contracts will be made to the lowest responsible
proposer or proposers. The Owner reserves the right to reject any or all bids, or to waive irregularities or
informalities at its discretion. In the event that the approvals are not received, or the Owner cannot award
or reject said proposals within 90 days from the date of opening of bids, proposers shall have the right to
withdraw their bids on written notice to the Owner.
EFFECTIVE DATE OF AWARD If a contract is awarded by the Owner, such award shall be effective when
formal notice of such award, signed by the authorized representative of the Owner, has been delivered to
the intended awardee, or mailed to him at the main business address shown on his bid, by some officer or
agent of the Owner duly authorized to give such notice.
EXECUTION OF AGREEMENT Copies of the agreement in the number stated in the form of agreement
shall be executed by the successful proposer and returned, together with the required bonds and
insurance, within fifteen (15) days from and after the date of the award of the Contract. Effective date of
bonds shall be the same or later than the date of the agreement.
FAILURE TO EXECUTE AGREEMENT AND FILE BONDS AND INSURANCE Failure of a successful
proposer to execute the agreement and file required bonds and insurance within the required time shall be
just cause for the annulment of the award. On failure of a successful proposer to execute the agreement
and file the required bonds and insurance within the required time, he shall forfeit his bid security as agreed
herein above. Upon annulment of an award as aforesaid, the Owner may then award a contract to the
next lowest responsible proposer.
PAYMENT FOR EXCESS COSTS AND LIQUIDATED DAMAGES The successful contractor will be
required to pay for the excess cost of field engineering and inspection and liquidated damages as defined
in the General Conditions of the Standard Specifications for Construction and the Contract Agreement, if
extensions of time are not granted by Owner because of avoidable delays as therein defined.
WAGE DETERMINATION The Contractor shall comply with the current determinations, as required by
law.
STANDARD SPECIFICATIONS FOR CONSTRUCTION The City of Edmond Standard Specifications for
Construction and Standard Design Drawings shall be a part of these contract documents as if included
herein. Each proposer shall have a copy in their possession to be eligible to bid on this project.
ADMINISTRATIVE MATTERS
All permits, fees, and licenses required under City Ordinance not regulated by state or federal law will be
collected.
5
