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ARDMORE PUBLIC LIBRARY

November 8, 2013

REQUEST FOR PROPOSALS (RFP) The Ardmore Public Library (APL) is seeking a vendor to provide a new RFID Security System. Please review the attached RFP and if your organization is interested in submitting a proposal to undertake this work for us, work with the library via project manager Gayle Belcher using the information provided below. Thank you for your time, Daniel Gibbs, Director Ardmore Public Library 320 E Street NW Ardmore, OK 73401 580-221-3249 [email protected]

320 E ST NW  ARDMORE, OK 73401    580‐223‐8290    FAX: 580‐221‐3240    WWW.ARDMORELIBRARY.ORG

Ardmore Public Library Security System 13-1100

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Request for Proposals (RFP) for a new Security System Ardmore [Oklahoma] Public Library

TABLE OF CONTENTS ITEM Advertisement Section A: Introduction and Project Overview 1. Project description and objectives 2. Institutional background 3. Nature of services to be performed/products to be delivered 4. Security System Features 5. Option Section B: Proposal Submission, Information and Timeline 1. Timeline for RFP process 2. Proposal submission instructions Section C: Evaluation Guidelines for Vendor Proposals Section D: Product Profile and Pricing Section E: Vendor Support Profile Section F: Vendor Organizational Profile Section G: Project Management and Formal Conditions Vendor Acknowledgement Of Receipt Of RFP (Fax sheet) Supplemental Terms & Conditions Contract and Contract Affidavit Insurance Requirements Non-Collusion and Non-Kickback Affidavit Business Relationships Affidavit Work Status Eligibility Performance Bond Maintenance Bond Notice of Award Notice to Proceed

Ardmore Public Library Security System 13-1100

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LEGAL NOTICE Date: November 10, 2013

NOTICE OF REQUEST FOR PROPOSAL SECURITY SYSTEM FOR THE CITY OF ARDMORE PUBLIC LIBRARY FEDERAL ID # 736005072

ITB NO.: 13-1100 This is a request for proposals (RFP) for a Contractor to provide RFID security on DVD’s and CD’s for the Ardmore Public Library. Qualified parties are invited to submit an RFP to be received no later than 3:00 p.m. December 9, 2013, at the Office of the Purchasing Coordinator, First Floor, City Hall, 23 S. Washington, Ardmore, Oklahoma 73401. Proposals received more than ninetysix (96) hours, excluding weekends and holidays, before the time set for opening of proposals, as well as proposals received after the proposal opening time shall not be accepted. The fact that a proposal was dispatched will not be considered. Any proposal received after that time will be returned unopened. The request for proposal and proposal agreement have been prepared for this project which together include all specifications for the services to be procured, all contractual terms and conditions, and specific evaluation criteria which will be used to evaluate the proposals. Copies of the proposal may be procured without charge, Monday through Friday, 7:30 a.m. to 4:30 p.m., at the Purchasing Office at the address listed above. No proposal may be withdrawn for at least sixty (60) days after the scheduled closing time of receipt of the proposal. The City of Ardmore, as Owner, retains the right to waive informalities, terminate the selection process, reject all proposals, or accept or reject any portion thereof. Dated this 10th day of November, 2013.

City of Ardmore, Oklahoma

Advertisement Date:

Sunday, November 10, 2013 Sunday, November 17, 2013

Published in The Sunday Ardmoreite Kristi McElroy Purchasing Coordinator

Ardmore Public Library Security System 13-1100

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Section A: Introduction and Project Overview 1. Project description and objectives The Ardmore Public Library (APL) is seeking a vendor to provide RFID Security on 6,000 DVD’s and 2,000 CD’s. By obtaining and implementing a more modern Security System, this project will decrease loss of items, thereby, increasing circulation and lowering the cost of replacing items over time. 2. Institutional background The Ardmore Public Library is located in Carter County in Oklahoma. The county has a population of about 50,000 – which we serve. As a department of the City of Ardmore, our primary users are city residents, representing a population of about 25,000. We currently have approximately 35,000 cardholders. Our collection size is just over 80,000 and includes adult and juvenile books (circulating and reference) as well as audio books (cassette and CD), movies (VHS and DVD), music CDs, book and CD combo-bags (children’s) and magazines. Our annual circulation runs around 500,000-600,000. 3. Nature of services to be performed/products to be delivered APL is looking for a full-service vendor with a fully realized product that will continue to grow with us and fit our needs for the next decade or two, or three. We want to have a working relationship with a company with proven stability that we can count on to continue to work with us into that future. This is crucial. We know what we want our Security System to do for us; we want you to tell us how your system can meet those needs as well as what else it can do that we may not have considered. For that reason, we are not writing a traditional request for proposals (RFP). Instead this is an overview of what we want in a vendor and in a system. Based on that, we welcome your response and your proposal, and based on those, we will invite vendors to demonstrate their systems to aid in our decision-making process. 4. Security System Equipment 4.1 Tags, approximately 8,000 4.2 Dual aisle gates, quantity of one (1), (5’ 6” opening, large entry with sliding doors, similar to grocery stores). 4.3 Pad, quantity of four (4) 4.4 Software 4.5 Shipping 4.6 Installation 4.7 Annual maintenance (ex: licensing fees, etc.) 5. OPTIONAL 5.1 Book drop quantity of two (2) No sorter or conveyor belts, just the chutes and ability to check in items as they are received. 5.2 Upgrades/Enhancements We would expect that any system we would choose would fit our needs now, but also be concerned about fitting our needs in the future. We would expect to see an ongoing system for adding functionality to the system, keeping all software and hardware up to date, etc. Section B: Proposal Submission and Information Because of the unique nature of a security system and the specific needs of any given library, this bid process will not be strictly subject to the ‘low bidder’ practice, typically used by our City. However, cost of the system will certainly be weighed and a most-desirable system that is prohibitively expensive will have to be excluded. We are fortunate to have funding for a new security system at this time, but that funding is not unlimited. We want the best possible product we can get, but we must also bear in mind the value of that product and our fiscal responsibility in using the public’s money. If a vendor has any questions regarding the specifications of the RFP, they should be directed to Ms. Gayle Belcher, Adult Services Librarian, Ardmore Public Library, 320 E St., NW, Ardmore, OK 73401, 580-221-3232, [email protected]. If a vendor has any questions regarding the proposal process, please contact Ms. Kristi McElroy, Purchasing Coordinator, at (580) 221-2548, [email protected], between the hours of 7:30 a.m. and 4:30 p.m., Monday-Friday. Ardmore Public Library Security System 13-1100

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Responses to the questions will be provided by telephone or e-mail. If the questions materially affect the RFP specifications, all vendors will receive copies of the questions and responses without identification of the source of the questions. All members of the Library staff will be involved in the selection process. Ultimately, the recommendation of a vendor will be made by the Library Director to the Library Board for their approval. With said approval by the Library Board, the final approval for the expenditure will go before the Ardmore City Commission. 1. Timeline for RFP process Our timeline for this process is fairly aggressive. All proposals shall be received by 3:00 p.m. on Monday, December 9, 2013. In December, all proposals will be reviewed and those vendors whose system appears to fit our needs will be contacted to schedule a demonstration of the product. These demos will be conducted in January. After we have seen the demos, we expect to make site visits to at least one (1) library currently using the security system of our top two choices (in your RFP response, please let us know of public libraries in our area that use your system). This will occur in January. Our goal is to have a system/vendor selected by February, 2014. Once a choice has been made, all vendors will be contacted and a contract will be negotiated with the successful vendor. We will begin the installation process upon approval and signing of the contract and will want to move as swiftly as is prudent and possible. A general timeline can be seen below. However, certain broader considerations are in place. A specific schedule as well as payment schedules can be recommended by the vendor in the proposal and/or the schedules can be discussed during the negotiation process with acceptable vendors. The key criterion for the timeline is that all work must be completed in all aspects by April 30, 2014. The selected vendor will have approximately sixty days to do all work contracted. Date Week of November 8th Monday, December 9th @ 3:00 P.M. Weeks of December 9th & 16th Week of December 23rd Weeks of January 6th 13th Week of January 20th Week of February 3rd Weeks of February 10th and 17th

Week of February 17th Week of March 1st April 30, 2014

Activity Purchasing Department distributes RFP to potential vendors Vendors acknowledge receipt using enclosed fax form RFP responses are due Library evaluates written RFP responses. May call vendors for clarification on certain responses. Library schedules demonstrations with vendors Vendors provide demonstration at Ardmore Public Library APL Staff makes on-site visits of a Library currently using the system offered Library negotiates with acceptable vendors Library makes recommendation to the Ardmore Public Library Board and Ardmore City Commission to award contract Library issues notice of award to successful vendor Library notifies unsuccessful vendors Library/City issues blanket purchase order for vendor services Successful vendor provides certificates of insurance and bonding to Library Library submits contract to successful vendor for approval and signature Library issues notice to proceed Successful vendor commences work Completion

2. Proposal submission instructions  All RFP responses should be sent to: Kristi McElroy Purchasing Coordinator City of Ardmore 23 S. Washington P.O. Box 249 Ardmore, OK 73402 Ardmore Public Library Security System 13-1100

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Any expense incurred in the preparation of the proposal is to be borne by the vendors. APL needs one (1) original proposal with signatures and two (2) copies. All proposals should be typed and on 8.5x11” paper. The same requirement holds for any appendix or additional materials submitted with the proposal. Responses should follow the format of this RFP in terms of identifying sections, numbered items, etc., using the same designations (i.e., letter, number). Terms for disqualifying proposals: Failure to address all issues of the RFP, failure to return the proposal by the deadline, failure to follow all submissions instructions, or making false or misleading statements in a proposal shall all be grounds for disqualification. The Library reserves the right to respond or not to each submission, as well as to contact vendors or not with any questions or for clarification of any statements regarding the proposal. All vendor proposals become the property of the Library. The privacy of the RFP and the vendor proposals will be maintained by each party. The Library will limit access to the proposals to key staff members. Non-bidding vendors will return the RFP to the Library. To facilitate communications with vendors during the RFP process, each proposal must include: - contact names and information for questions and inquiries (technical, service, financial, etc.) - preferred modes of communication (mail, phone, email, etc.) During communications from the Library to the vendor or from the vendor to the Library, the RFP section/item/page numbers should be referred to with each inquiry. Conference calls can be scheduled if deemed desirable and beneficial by both parties. The Library will share all vendor questions and Library responses with all bidding vendors. The selected vendor will be responsible for handling all aspects of the Library’s project and may not subcontract any part of the work outside their organization. If the Library amends this RFP, the Library will send the amendment to each vendor in writing and the vendors will be required to acknowledge in writing each amendment received prior to or with submission of proposal. The vendor shall provide a list if any exceptions are taken to the RFP along with an explanation in writing, to accompany the proposal. If alternative solutions are offered to any part of the Library’s requests, such solutions must be explained, the benefits described, and the variance in costs noted. The Library is willing to accept more than one proposal from any given vendor, but each must be complete within itself, prepared as if it were the only submission and may not refer to any parts of the vendor’s other submission(s). If the Library receives no response of any kind from a vendor, the Library will assume that the vendor is not interesting in our project and no further attempts will be made to contact said vendor. If a vendor has a need to include additional information beyond that requested in this RFP, one or more appendices may be attached to the proposal. The Library reserves the right not to make an award if we determine that no proposal fully meets the requirements of the RFP. The vendor that is chosen for the award should be prepared to incorporate the winning proposal, along with other written correspondence, into the contract. The Library reserves the right to select more than one vendor to perform the work.

Section C: Evaluation Guidelines for Vendor Proposals 

Understanding of and compliance with RFP requirements



Excellence of response



Ability to meet technical and managerial requirements*



Fair pricing relative to other proposals



Qualifications and experience of staff, especially with similar projects*



Infrastructure, hardware and software systems and configurations



Feedback of references*



Guarantee of work



Financial stability and other various business issues



Nature and extent of vendor support*

* With regard to starred points above, and likely others not so identified, it will be necessary for the Library to have from the vendor: - References from other organizations for whom the vendor has done similar work and who would be willing to speak with us about their project and satisfaction with the vendor. Section D: Product Profile and Pricing Any response to this RFP must address all elements proposed and include pricing for same. Ardmore Public Library Security System 13-1100

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While vendor should provide pricing for all elements of the project specified by this RFP, we are open to such pricing being provided in more than one way. All services for which the vendor wants to contract to perform, based on the needs of the Library as outlined in this RFP, should reflect a price that the vendor will charge to the Library. Should the vendor wish to propose alternative solutions/methods/etc. from those requested in this RFP, all such alternatives should be fully explained and pricing for such alternatives included for the Library, as well. As has been stated in various sections of this RFP, the Library feels the security vendors are highly likely to have greater expertise in security systems and of how to accomplish such a project and the Library is open to entertaining alternative solutions. Specific conditions of any pricing quoted to the Library with regard to this project must be observed. 1. Prices must be inclusive (any setup, shipping, insurance, travel, training, maintenance, technical support, upgrades or other such costs for which the vendor expects the Library to pay must be included in the initial response. Additional related costs should be listed and priced separately.) 2. Prices must be firm for the duration of the project. 3. Prices must be net (unless otherwise specified by the Library). If costs are to vary under any circumstances – e.g., from one year to the next – the vendor should submit separate bids to cover each set of pricing circumstances. 4. Prices offered must be equal to or less than those offered to other private and public institutions. If the vendor quote specifies certain brands/products/etc. and later finds that an alternative must be used, the alternate must meet or exceed the original items specified without increase in cost to the Library. In all cases, the vendor should provide a total cost for the entirety of the project with their bid. Section E: Vendor Support Profile 

Vendors should provide additional information about services that will be offered to the Library that have been inadvertently omitted. It is necessary that such additional services be specified as either included with the total project price to the Library or that the costs for such are specified within the bid.

Any warranties provided by the vendor should also be included in the RPF response, along with pricing if applicable. Section F: Vendor Organizational Profile It is further necessary for the vendor to provide a profile of their organization/business as well as the unit and personnel responsible for the Library’s project. The following information should be included: 

Business profile (experience in the area of work to be done, annual report)



Business summary (type of business, number of years, number of employees, proof of viability)



Key contacts (staff supplying services to the Library)



Staff qualifications, responsibilities and availability (include phone numbers and e-mail addresses



Minimum of three references (clients) including contact names, phone numbers, e-mail addresses and brief description of the business relationship



Additional training needs, if any, the vendor may have in order to complete the project



Hardware and software used in project

Section G: Project Management and Formal Conditions During the negotiation process with acceptable vendors, these elements can be discussed.   

Provide contact information for communications (for directing technical, financial, and procedural questions during RFP process -- each participant will designate representatives who will be available to field questions and to discuss any aspect of the project) Formal review meetings between the Library and the vendor during the project Terms of default (e.g., failure of the vendor to correct unsatisfactory work within 30-days will constitute a default)

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Conditions and process for cancellation for non-compliance (e.g., the Library will have the option to cancel the agreement upon 14 days of written notice to the vendor for performance that is not in compliance with specifications of the RFP) Errors (the vendor will correct the errors within 30 working days of the receipt of the items at no additional charge) Specify purchase order, billing terms, and conditions of the Library Specify order change, cancellation conditions (e.g., no penalty for cancellations) Invoices - the vendor shall provide detailed invoices for each completed shipment within 14 working days of delivery of shipping to the Library - invoices shall reflect the price structure delineated in the agreement - invoices shall provide the Library’s Purchase Order Number, and any other itemized charges - invoices will be paid upon the acceptance by the Library following inspection by the Library - invoices should be sent to: City of Ardmore Attn: Purchasing 23 S. Washington Ardmore, OK 73401 Compliance with the RFP specifications Subcontracting of any part of the project by the vendor is not allowed

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ARDMORE PUBLIC LIBRARY

Fax or E-mail To: Ardmore Public Library Attn: Kristi McElroy Fax: 580-223-4798 E-mail: [email protected]

VENDOR ACKNOWLEDGEMENT OF RECEIPT OF RFP From: Company: Date: Phone: Fax: Email:

This fax acknowledges receipt of the Request for Proposals (RFP) from Ardmore (OK) Public Library for a new Security system on this _________ day of __________________________________, 2013.

By: _________________________________________________________________ Signature

320 E ST NW  ARDMORE, OK 73401    580‐223‐8290    FAX: 580‐221‐3240    WWW.ARDMORELIBRARY.ORG

Supplemental Terms and Conditions 1. Award: Ardmore Public Library Security System 13-1100

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2.

1.1 The City of Ardmore reserves the right to change dates the proposals will be considered, reject any or all proposals, waive all formalities and to accept that deemed most advantageous for value received. 1.2 The City will review responses to the RFP. The bidder meeting the minimum specifications and criteria shall be recommended to the Ardmore Public Library Board and City of Ardmore Commission for approval. Request for Proposal Organization/Submittal: 2.1 All proposals shall be in the office of the Purchasing Coordinator for the City of Ardmore before the FINAL CLOSING DATE AND HOUR as shown in this Request for Proposal. Proposals received after the time set for receipt of proposals SHALL NOT BE CONSIDERED. 2.3 All proposals shall be submitted on the form provided and placed in a sealed envelope, plainly marked with proposal number 13-1100 Security System, and shall bear on the outside the vendor’s name and address. When submitting more than one (1) proposal, they shall be in separate envelopes. All cost associated with responding this RFP shall be borne by the bidder. 2.4 Proposals shall be original and hard copy. Facsimile proposals shall not be accepted. Proposals shall be filled out in ink or typewritten. Initial all corrections. 2.5 Failure to provide required data or failure to complete the RFP form(s) may be grounds for rejection. 2.6 All proposals shall be signed and the non-collusion and business relationship affidavits executed and notarized upon the submission of the RFP. 2.7 Performance and maintenance bonds, in the amount of 100 percent (100%) of the contract price and each with a corporate surety approved by the Owner shall be required for the faithful performance of the contract. 2.8 Inquiries: Inquiries regarding specifications shall be submitted in writing by mail, e-mail or phone to: City of Ardmore Attn: Gayle Belcher P.O. Box 249 Ardmore, OK 73402 (580)221-3232 [email protected] Any interpretations, corrections and changes to this proposal and specifications or extensions to the opening date will be made by addenda. Sole issuing authority of addenda shall be vested in the Purchasing Coordinator. Addenda will be mailed to all who are known to have received a copy of this bid. Bidders shall acknowledge receipt of all addenda. Terms & Conditions: 3.1 Proposals must comply with all federal, state, county, and local laws and regulations concerning this type of material/item/service. 3.2 Conflict of Interest: In the event there is a potential or actual conflict of interest, the vendor shall provide full disclosure to the City of Ardmore. The City shall determine if the conflict, whether potential or actual, is material. 3.3 Choice of Law and Venue: The resulting contract shall be construed under the laws of the State of Oklahoma and venue in any action and/or litigation commenced to enforce the contract shall be instituted in the appropriate courts in Carter County, in the State of Oklahoma. 3.4 Successful bidder shall defend, indemnify, and save harmless the City and all its officers, agents and employees from all suits, actions, or other claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons, or property on account of any negligent act or fault of the successful bidder, or of any agent, employee, subcontractor or supplier in the execution of, or performance under, any contract which may result from bid award. Successful bidder shall pay any judgment with cost which may be obtained against City growing out of such injury or damages. 3.5 Any variations or exceptions to the specifications must be stated by the bidder. All proposals must meet minimum standards. 3.6 All materials/supplies/items must be new and unused, unless otherwise specified, in first-class condition, and of current/latest manufactured make and model. 3.7 Each bidder must provide one copy of the warranty, if applicable. 3.8 Quality of materials and workmanship must conform to the highest standards and practices of the industry. 3.9 Warranty: Successful bidder shall warrant that all materials shall conform to the proposed specifications and/or manufacturer’s warranty and be free from all defects in material, workmanship and title. 3.10 Material/Item/Service proposals shall be subject to the City’s approval. Materials/Supplies/Items found defective or not meeting specifications shall be picked up by the vendor within one (1) week after notification at no expense to the City. If materials are not picked up within one (1) week after notification, or as agreed, the materials will become a donation to the City for disposition. 3.11 Samples: If requested, samples shall be furnished free of expense to The City of Ardmore and shall be returned to the vendor, at vendor’s expense. 3.12 Exceptions/Substitutions: All proposals shall meet minimum specifications to be considered for award. Vendors bidding substitutions shall state these exceptions by attachment, as part of the proposal. The absence of exceptions shall indicate

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3.13

3.14

3.15

3.16 3.17 3.18

3.

that the bidder has not taken exceptions and shall hold the bidder responsible to perform in strict accordance with the specifications of the proposal. Descriptions: Any reference to model and/or make/manufacturer used in proposal specifications is descriptive, not restrictive. It is used to indicate the type and quality desired. Proposals on materials/items/services of like nature and quality will be considered. Silence of Specification: The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement. Minimum Standards for Responsible Prospective Bidders: A prospective bidder must affirmatively demonstrate bidder's responsibility, and shall meet the following requirements: 3.15.1 Have adequate financial resources, or the ability to obtain such resources as required; 3.15.2 Ability to comply with the required or proposed delivery schedule; 3.15.3 Have a satisfactory record of performance; 3.15.4 Have a satisfactory record of integrity and ethics; 3.15.5 Be otherwise qualified and eligible to receive an award. The City may request representation and/or other information sufficient to determine bidder's ability to meet these minimum standards listed above. References: The City may request a list of at least three (3) references where like materials/items/services have been supplied. Delivery: All proposals are F.O.B. Ardmore, Oklahoma. Delivery Time: Successful bidder shall notify the Purchasing Department immediately if delivery schedule cannot be met. If delay is foreseen, successful bidder shall give written notice to the Purchasing Coordinator. The City has the right to extend delivery time if reason appears valid. Successful bidder shall keep the Purchasing Department advised at all times of the status of the order.

RFP Status 4.1 City of Ardmore Rights: 4.1.1 The City of Ardmore and its designees reserve the right to determine whether a proposal is responsive in compliance with the specifications. 4.1.2 The City reserves the right to reject proposals when procedures stated within are not followed. 4.2 Effective Period: Proposals submitted shall remain in effect for a period of sixty (60) days after closing date. 4.3 Withdrawal of Proposal: Proposals may be withdrawn any time prior to the closing date; however, the City reserves the right to withdraw vendor(s) from future bids/proposals who have withdrawn a proposal after the closing date and prior to the effective period of the RFP without the City’s approval. 4.4 Changes: It shall be the bidder’s responsibility to bring to the attention of the City any discrepancies in, omissions from, or errors in the documents, or enhancements which would be in the best interest of the City, or if they are in doubt as to the meaning of any part of this RFP. 4.5 Examinations: Before submitting a proposal, the bidder shall thoroughly examine the RFP and otherwise be fully informed as to all existing conditions and limitations. 4.6 Modifications of RFP: Oral modifications will not be considered. Any bidder may modify their proposal before closing. Only modifications received in sealed envelopes with the RFP number, item description and closing date clearly marked on outside shall be accepted. Written confirmation must be received under the same signature as prior submitted proposal. All modifications are to be clearly numbered and dated as to determine the final one. 4.7 Sales Tax Exemption: All proposals shall be submitted excluding Federal Excise Tax and Oklahoma State Tax. The City of Ardmore is exempt from Federal Excise Tax and Oklahoma State Tax by state statute. When proof of a tax exempt status is required, a notation should be made on this proposal and an exemption letter shall be furnished.

CONTRACT Ardmore Public Library Security System 13-1100

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This CONTRACT AND AGREEMENT, made and entered into this ____ day of _____________, 2013, by and between the City of Ardmore, Oklahoma, a municipal corporation, Party of the First Part, hereinafter termed the "CITY", and _____________________ party of the Second Part, hereinafter termed the "CONTRACTOR". WITNESSETH: WHEREAS, the City of Ardmore has caused to be prepared in accordance with the law, certain plans, specifications, and other proposal documents for the work hereinafter described and has approved and adopted all of said proposal documents, and has caused Solicitation for proposals to be given and advertised as required by law, and has received sealed proposals for a contractor to provide: a new security system, as outlined and set out in the December 9, 2013 proposal documents and in accordance with the stated terms and provisions of said contract; and, WHEREAS, the Contractor, in response to said solicitation for proposals had submitted to the City in the manner and at the time specified, a sealed proposal dated December 9, 2013, in accordance with the terms of this Contract, which proposal and correspondence is on file in the office of the Purchasing Department of the City of Ardmore, Oklahoma, and is made a part of this contract as fully as if the same were herein set out at length; and, WHEREAS, the City, in the manner provided by law, has publicly opened, examined, and canvassed the proposal submitted, and has determined and declared the above-named Contractor to be the lowest, most responsible bidder, on the above-described project, and has duly awarded this contract to said Contractor, for the unit prices named in the proposal. NOW, THEREFORE, for and in consideration of the mutual agreements and covenants herein contained, the parties to this contract have agreed, and hereby agree, as follows: 1.

The contractor shall, in a good and first class, workmanlike manner, at his own cost and expense, furnish all specified labor, materials, equipment and supplies required to perform and complete said work in strict accordance with this contract, the December 9, 2013, proposal, and the specification documents, all of which are on file in the Office of the Purchasing Department of the City of Ardmore, Oklahoma, and are made a part of this contract as fully as if the same were herein set out in length, with the following additions and/or exceptions: none.

2.

The amount of CONTRACT shall be $

3.

Ten percent (10%) of all partial payments made shall be withheld as retainage. At any time the Contractor has completed in excess of fifty percent (50%) of the total contract amount, the retainage shall be reduced to five percent (5%) of the amount earned to date if the City’s duly authorized representative has determined that satisfactory progress is being made.

4.

This contract shall not be assigned, sublet or conveyed in any manner by one party without the express written consent of the other.

5.

The contractor shall assume all risks incident to or in connection with any of it’s activities or operations during the term of this contract and shall be solely responsible for all accidents or injuries of whatsoever nature or kind to persons or property caused by it’s operations hereunder, and shall indemnify, defend and save harmless the City, it’s authorized agents and representatives, from any penalties or any violations of any law, ordinance or regulation affecting it’s operations and from any and all claims, suits, lawsuits, damages or injuries to persons or property of whatsoever kind or nature arising directly or indirectly out of the operations of contractor hereunder or resulting from the carelessness, negligence or improper conduct of the contractor or any of it’s agents or employees.

6.

If contractor shall make default in the performance of any covenant or agreement on the part of it to be performed under the terms of this contract, the City, in addition, to all other remedies provided by this contract or now or hereafter provided by law, may at it’s option, give contractor notice in writing that it declares this contract and all rights hereunder granted to contractor terminated, or it may pursue other remedies including but not limited to specific performance and damages.

7.

On completion of the work, but prior to the acceptance thereof by the City, it shall be the duty of the Library designee, or other appropriate person, to determine that said contract has been fully complied with, and upon making such determination, said official shall make his final certificate to the City. The contractor shall insure the obligations incurred by him in connection with the performance of said work have been fully paid and settled; said information shall be in the form of an affidavit, which shall

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bear the approval of the surety on the contract bonds for payment of the final estimate to the Contractor; thereupon, the final estimate (including retainages) will be approved and paid. 8.

The contractor will commence the work required by the Contract Documents within 10 calendar days after receipt of Notice to Proceed and complete same by April 30, 2014, unless the period of completion is extended otherwise by mutual written agreement of all parties to the Contract. The Contractor further agrees to pay as liquidated damages, the sum of Two-Hundred Fifty Dollars ($250.00) per working day thereafter.

9.

A sworn, notarized statement must be signed before this contract will become effective.

The term "Contract Documents" means and includes the following: A. Request for Proposal B. Addendum, if applicable C. Conditions for Bidding D. Contract E. Non-Collusion Affidavit F. Business Relationships Affidavit G. Work Status Eligibility Affidavit H. Performance Bond I. Maintenance Bond J. Notice of Award K. Notice to Proceed L. Specifications M. Proposal Sheet N. Confirmation Order O. Public Liability and Property Damage Insurance This Agreement shall be binding upon all parties hereto and their representative heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have set their hands this

day of

, 2014.

CITY OF ARDMORE, OKLAHOMA A Municipal Corporation

ATTEST:

________________________________ Sheryl Ellis, Mayor

_____________________________ Ken Campbell, City Clerk Awarded Bidder

ATTEST:

_________________________________ Name & Title

______________________________ (Officer/Title) (Seal)

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CONTRACT AFFIDAVIT

STATE OF ____________________) )§ COUNTY OF __________________)

The undersigned _______________________________of lawful age, being first duly sworn, upon oath that (s) he is the agent authorized by contractor to submit the above contract to the City of Ardmore, Oklahoma. Affiant further states that the Contractor has not paid, given or donated or agreed to pay, give or donate to any officer or employee of the City of Ardmore, Oklahoma, any money or other thing of value, either directly or indirectly, in the procuring of the contract.

___________________________ Contractor/Representative SUBSCRIBED AND SWORN to before me this _____day of ________________, 2014.

___________________________ Notary Public ___________________________ My Commission Expires

Ardmore Public Library Security System 13-1100

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PUBLIC LIABILITY and PROPERTY DAMAGE INSURANCE 1.

The Contractor shall take out and maintain, during the life of this contract, such Public Liability and Property Damage Insurance as will protect him and any subcontractor performing work covered by this contract from claims for property damages, which may arise from operations under this contract, whether such operations be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows: a.

2.

Property Damage Liability Limits shall be carried in the amounts of not less than one hundred thousand dollars ($100,000.00) for any one accident, and an aggregate limit of two hundred thousand dollars ($200,000.00).

The contractor shall provide Owner’s Protective Liability Insurance, with this Owner as the named insured and the Owner as additional insured, to protect the Owner against claims arising out of operations of the contractor and his subcontractor. a.

Property Damage Liability. Limits shall be carried in the amount of not less than one hundred thousand dollars ($100,000.00) for any one accident, and an aggregate limit of two hundred thousand dollars ($200,000.00).

3.

The policies of insurance shall be executed by an insurance or indemnity carrier authorized to do business in the state of Oklahoma.

4.

Before executing a contract, the Owner will be furnished a binder or certificate of insurance showing the coverage to be in effect.

Ardmore Public Library Security System 13-1100

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NON-COLLUSION AFFIDAVIT The following affidavit is submitted by bidder as a part of this bid and proposal: STATE OF

__________________

COUNTY OF

__________________

) ) § )

The undersigned deponent, of lawful age, being duly sworn, upon his oath, deposes and says: That he has lawful authority to execute the within and foregoing proposal; that he has executed the same by subscribing his name hereto under oath for and on behalf of said bidder; that bidder has not, directly or indirectly, entered into an agreement, expressed or implied, with any bidder or bidders, having for its object controlling of the price or amount of such bid or bids, the limiting of the bids or the bidders, the parceling or farming out to any bidder or bidders or other persons of any part of the contract or any part of the subject matter of the bid or bids or of the profits thereof, and that he has not and will not divulge the sealed bid to any person whomsoever, except those having a partnership or other financial interest with him in said bid or bids, until after the said sealed bid or bids are opened. Deponent further states that the bidder has not been a party to any collusion among bidders or prospective bidders in restraint of freedom of competition by agreement to bid at a fixed price, or to refrain from bidding; or with any City official or employee as to quantity, quality, or price in the prospective contract, or any other terms of said prospective contract; or in any discussions between bidders and any City official concerning exchange of money or other thing of value for special consideration in the letting of a contract; that the bidder has not paid, given or donated or agreed to pay, give or donate to any officer of the City of Ardmore any money or other thing of value, either directly or indirectly, in the procuring of the award of contract pursuant to this bid.

NON-KICKBACK AFFIDAVIT The undersigned person, of lawful age, being duly sworn, on oath, says this invoice is true and correct and that he/she is authorized to submit the invoice pursuant to a contract or purchase order. Affidavit further states the (work, services, or materials) as shown by the invoice have been (completed or supplied) in accordance with the plans, specifications, orders, requests, or contract furnished or executed by the affidavit. Affidavit further states that he/she has made no payment directly or indirectly to any elected official, officer, or employee of the (county, municipality, or school district) or money or any other thing of value to obtain payment of the invoice to procure the contract or purchase order pursuant to which an invoice is submitted. _________________________________ _________________________________ Name of Bidder Signature of Bidder _________________________________ Title Subscribed and sworn before me, this ______day of ________________, 20_____.

___________________________________ Notary Public

__________________________________ My Commission Expires

Note: This affidavit shall be executed and submitted with proposal. Ardmore Public Library Security System 13-1100

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BUSINESS RELATIONSHIPS AFFIDAVIT If none of the business relationships mentioned exists, affidavit should so state “NONE”.

STATE OF

__________________

COUNTY OF

__________________

) ) § )

___________________________________, of lawful age, being first duly sworn, on oath says that (s) he is the agent authorized by the Bidder to submit the attached bid. Affidavit further states that the nature of any partnership, joint venture, or other business relationship presently in effect or which existed within one (1) year prior to the date of this statement with the architect, engineer, or other party to the project is as follows: ___________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ Affidavit further states that any such business relationship presently in effect or which existed within one (1) year prior to the date of this statement between any officer or director of the bidding company and any officer or director of the architectural or engineering firm or other party to the project is as follows: ___________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ Affidavit further states that the names of all persons having any such business relationships and the positions they hold with their respective companies or firms are as follows: ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ (If none of the business relationships herein above mentioned exist, affidavit should so state)

_________________________________ Name of Bidder

__________________________________ Signature of Bidder

_________________________________ Title Subscribed and sworn before me, this ______day of ________________, 20_____.

___________________________________ Notary Public

__________________________________ My Commission Expires

Note: This affidavit shall be executed and submitted with proposal.

Ardmore Public Library Security System 13-1100

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AFFIDAVIT OF WORK STATUS ELIGIBILITY The following affidavit is submitted by contractor as a part of this proposal: STATE OF

__________________

COUNTY OF

__________________

) ) § )

I, ____________________________________________________, (print name) as the agent of _________________________________________________________________(print company or business name) located at ____________________________________________________________________________________________________ (address) do hereby swear and affirm that I have verified the legal work status of all the employees who will work on this contract, with the City of Ardmore, Oklahoma, through the federal E-Verify program. I also affirm that all the current and future employees who work under this contract for the City/Authority are legally eligible to work in the United States (as defined by the United States Department of Homeland Security). _________________________________________________ (print deponent’s full name), being first duly sworn on oath according to law, deposes and says that he/she has read the foregoing AFFIDAVIT OF WORK STATUS ELIGIBILITY by his/her subscribed and that the matters stated herein are true to the best of his/her information, knowledge and belief. ___________________________________________________ Deponent’s Signature ___________________________________________________ Deponent’s Printed Name SUBSCRIBED AND SWORN to before me this ______ day of ___________________, 2013.

___________________________________ Notary Public

_________________________________ My Commission Expires

Note: This affidavit shall be executed and submitted with proposal. Ardmore Public Library Security System 13-1100

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PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That___________________________________________________________________,as Principal, and__________________________, a corporation organized under the laws of the State of _______________________________and authorized to transact business in the State of Oklahoma, as Surety, are held and firmly bound unto The City of Ardmore, OK in the penal sum of_______________________________________________________________dollars, in lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves and each of us, our heirs, executors, administrators, trustees, successors, and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that: WHEREAS, said Principal entered into a written Contract with The City of Ardmore, dated _____________________, 20___, for: ____________________________________________________________________________________________________________ __________________________________________________________________________________________________________ all in compliance with the plans and specifications therefore, made a part of said Contract and on file in the office of The City of Ardmore Purchasing Office, 23 S. Washington, Ardmore, OK 73401. NOW, THEREFORE, if said Principal shall, in all particulars, well, truly, and faithfully perform and abide by said Contract and each and every covenant, condition, and part thereof and shall fulfill all obligations resting upon said Principal shall promptly pay, or cause to be paid, all labor, materials and/or repairs and all bills for labor performed on said work, whether by subcontract or otherwise; and if said Principal shall protect and save harmless said City of Ardmore. harmless from all loss, damage, and expense to life or property suffered or sustained by any person, firm, or corporation caused by said Principal or his or it’s agents, servants, or employees in the construction of said work, or by or in consequence of any negligence, carelessness or misconduct in guarding and protecting the same, or from any act or omission of said Principal or his or it’s agents, servants or employees, and if said Principal shall protect and save The City of Ardmore harmless from all suits and claims of infringement or alleged infringement or patent rights or processes, then this obligation shall be null and void, otherwise to be and remain in full force and effect. It is further expressly agreed and understood by the parties hereto that no changes or alterations in said Contract and no deviations from the plan or mode of procedure herein fixed shall have the effect of releasing the sureties, or any of them, from the obligations of this bond. IN WITNESS WHEREOF, the Principal has caused these presents to be executed in it’s name and it’s corporate seal to be hereunto affixed by it’s duly authorized officers, and the said Surety has caused these presents to be executed in it’s name it’s corporate seal to be hereunto affixed by it’s attorney-in-fact, duly authorized so to do, the day and year first above written. DATED this __________ day of ____________________, 20___.

________________________________ Surety

_________________________________ Principal

BY________________________________ Attorney-in-Fact

BY______________________________

SEAL

Ardmore Public Library Security System 13-1100

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MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That __________________________________________, as Principal, and ______________________________________________, a corporation organized under the laws of the State of ___________ and authorized to transact business in the State of Oklahoma, as Surety, are held and firmly bound unto the City of Ardmore, Oklahoma and the State of Oklahoma, in the Penal sum of (Words) __________________________________________________ (full amount of Contract) (Figures) $_______________________ in lawful money of the United State of America for the payment of which, well and truly to be made, we bind ourselves and each of us, our heirs executors, administrators, trustees, successors, and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that: WHEREAS, said Principal entered into a written contract with the City of Ardmore, Oklahoma _________________________________, , for all work required in Bid No.: 13-1100 in compliance with the Specifications, therefore, made a part of said Contract and on file in the office of the City Clerk, Ardmore, Oklahoma.

dated

NOW, THEREFORE, if said Principal shall pay or cause to be paid to the City of Ardmore, Oklahoma all damage, loss, and expense which may result by reason of defective materials and/or workmanship in connection with said work, occurring within a period of one (1) year for all projects, from and after acceptance of said project by the City and if Principal shall pay or cause to be paid all labor and materials, including the prime contractor and all subcontractors; and if principal shall save and hold the City harmless from all damages, loss, and expense occasioned by or resulting from any failure whatsoever of said Principal, then this obligation shall be null and void, otherwise to be and remain in full force and effect. It is further expressly agreed and understood by the parties hereto that no changes or alterations in said Contract and no deviations from the plan or mode of procedure herein fixed shall have the effect of releasing the sureties, or any of them, from the obligation of this Bond. IN WITNESS WHEREOF, the said Principal has caused these presents to be executed in its name and its corporate seal to be hereunto affixed by its duly authorized officers, and the said Surety has caused these presents to be executed in its name and its corporate seal to be hereunto affixed by its attorney-in-fact, duly authorized so to do, the day and year first above written. ____________________________________________________ CONTRACTOR (Principal) By:

ATTEST: (SEAL)

________________________ Date: _____ ___________________ Date:________ Title: Title: ________________________ Date: _____ ___________________ Date:________ Attorney-In-Fact** Surety (SEAL)

**This date shall match the date of the notarized certificate on the Power of Attorney (Accompany this Bond with Power-Of-Attorney) APPROVED AS TO FORM:

_________________________________________ Date: ________________ City Attorney

Ardmore Public Library Security System 13-1100

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NOTICE OF AWARD February 18, 2014

Awarded Bidder

The City of Ardmore has considered the Proposal 13-1100 submitted by ________________________________ in response to its Request for Proposal dated December 9, 2013. ________________________________________ is hereby notified that your Proposal has been accepted for a new Security System for the City of Ardmore Public Library, Ardmore, Oklahoma, in the amount of $__________________. ______________________________________________ is required by the Request for Proposal to execute the Agreement and furnish the required CONTRACTOR’S Performance and Maintenance Bonds and Certificates of Insurance within ten (10) calendar days from the date of this Notice. If you fail to execute said Agreement and to furnish said Bond and Certificates of Insurance within ten (10) calendar days from the date of this Notice, the City of Ardmore will be entitled to consider all your rights arising out of the City of Ardmore’s acceptance of ________________________ Proposal. The City of Ardmore shall be entitled to such other rights as may be granted by law. ___________________________ is required to return an acknowledged copy of this Notice of Award to the City of Ardmore.

DATED THIS ____ day of _________, 2014. City of Ardmore (Owner) By: ______________________________________ Kristine L. McElroy Purchasing Coordinator ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged this _____ day of __________, 2014.

By: _________________________________

Title:_________________________________

Ardmore Public Library Security System 13-1100

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NOTICE TO PROCEED

To:

________________________________

Date:

__________________

________________________________ ________________________________ Project Description: Provide a new Security system for the City of Ardmore Public Library per the minimum specifications of proposal number 13-1100 and under the direction of Ms. Gayle Belcher, Adult Services Librarian. The City of Ardmore has considered the Proposal (13-1100) submitted by _____________________________ for the above described work in response to its Request for Proposal dated December 9, 2013. ______________________________ is hereby notified to commence work in accordance with the Agreement dated _______________________, 20_____. The date of completion of all work is therefore April 30, 2013. DATED THIS ____________day of _______________________, 2014. City of Ardmore (Owner)

By:

______________________________ Kristine L. McElroy Purchasing Coordinator

ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this _____ day of __________, 2014. Authorized Contractor Representative

Ardmore Public Library Security System 13-1100

By:

_______________________________

Title:

_______________________________

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