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I o\,'ij.* r*r ry e ,l.L- I 4,Irts] 9a? w PUBLIC BID OPENING MINUTES The public bid opening for the Classen Boulevard irrigation system was held on Friday, March 5, L982, dt 10:15 a.m., in room 120-Arcade of the 2000 Classen Center. Those in attendance were: Dan Scott, Aurora Sprinklers; Jim Staley, United Lawn Sprinklers; Greg Thornbury, Country Fair Lawns, Inc.; Joe Wi11iams, Oklahoma Lawn Sprinkler Company; and Steve Myrick, J. C. Hester Company (eaS frrigation). Bids were opened by A1 Christianson and :read as follows: Phase T Phase II Total United Lawn Sprinklers $44 | 466 $47,994 $89,874 Aurora Underground Sprinklers 40,000 5I,000 91,000 J. C. Hester Company 66,377 87,024 153 r 401 Country Fair Lawns, Inc, 65,735 60,269 126,004 The meeting was adjourned at 10:45. ce Pres nt Treasurer ATTEST: Uz^.7,%z^ A11 notices or communication should be directed to: Mr. Ward BeIt, Executive Director Classen Beautiful 2000 Classen Center, 7-North Oklahoma City, OK 73106 AGREEMENT \^ -(\ THIS AGREEMENT, made and entered into this 22nd day of March, L982, by and between CLASSEN BEAUTIFUL INC., a non-profit Oklahoma corporation, hereinafter referred to as "CBI" and Southwest A1lied Constructi-on Inc. and United Lawn Sprinkler, an Oklahoma corporation, hereinafter referred to as "Contractor. " V{ITNESSETH: WHEREAS, CBI has caused to be prepared in accordance with law, certain p1ans, specifications, and other bidding documents for the work hereinafter described and has approved and adopted all of said bidding documents, and has caused Solicitation for Bids to be given and advertised as required by law, and has received sealed proposals for the furnishing of aIl labor and materials for: The installation of an automatic sprinkler system in the Classen Median as outlined and set ou in the plans and specifications, the bidding documents, and in accordance with the terms and provisions of said contract; and, WHEREAS, Contractor, in response to said Solicitation for Bids, published j-n the Daily Law Journal Record on February L2 and February L9, L982, has submitted to CBI in the manner and at the time specified, a sealed proposal in accordance with the Bid Specifications and the plans approved by the City Council of Oklahoma City; and, WHEREAS, CBI, in the manner provided by 1aw, has pub- licly opened, examined, and canvassed the proposals sub- mitted and has determined and declared the above named Con- tractor to be the lowest responsible bidder on the above described project, and has duly awarded this contract to said Contractor for the sum named in the proposal, to wit: Eighty nine thousand eight hundred seventy four dollars ($89,874.00) NOII, THEREFORE, for and in consideration of the premis- es and of the mutual agreements and covenants herein contained, the parties to this contract hereby agree as fo1 lows: 1. The Contractor shalI, in a good and first-cIass, workmanlike manner, at his own cost and expense, furnish -1- f all labor, materials, tooIs, and equipment required to per- form and complete said work in strict accordance with this contract and the plans adopted and approved by the City Council of Oklahoma Clty, all of which documents are on file in the office of CBI and are made a part of this con- tract as fu1ly as if the same were herein set out at length, with the following additions and/or exceptj_ons: The contractor shal1 meet all bond, i-nsurance and work- menrs Compensation requirements requJ_red of CBI in its Memorandum of Agreement dated the 18th day of August, 1981 with the City of Oklahoma City, which is hereby attached as Exhibit A. 2. CBI shall make payments to the Contractor in the following manners Each two weeks after commencement of the project, the Executive Director of CBI, or other appropriate person, will accept documented time sheets for work done during the preceeding two weeks. The Contractor shall furnish to the Executive Director of CBI, or other appropriate person, such detailed information as he may request to substantiate labor costs. The Contractor agrees and understands that all labor claims must be in compliance with the Davis-Bacon Act, non-discrimination require- ments and non-collusion prohibitions. 3. Material costs will be paid on delivery, subject to the following conditions: a) Prior approval of all purchases must be obtained from the Executive Director of CBI, or such other person as he may designate. b) A11 materials must be inspected and approved at delivery by the Executive Director of CBI, or such other person as he may designate. c) The Contractor agrees that materials and labor are subject to on-site inspection at any time by the Executive Director of CBI or his designee, and/or by the appropriate officials of the City of Oklahoma City. 4. On completion of the work, but prior to the accep- tance thereof by CBI it shall be the duty of the Oklahoma City Engineer, and other appropriate persons, selected by CBI, to determine that said work has been completely and fu11y performed in accordance with this agreement and upon making such determj-nation, said officials sha1l made final certification to the city. The contractor shaI1 furnish -2- proof that all claims and obligations incurred by him in connection with the performance of said work have been fu11y paid and settled; said information shall be in the form of an affidavit, which shall bear the approval of the surety on the contract bonds before payment of the final estimate to the Contractor; thereuponr the final payment will be approved and paid and the same shal1 be in -fu1l for all claims of every kind and description said Contractor may have by reason of having entered into this contract. 5. The Contractor agrees to complete all work and submit all billings for approval within one hundred twenty ( 120 ) days after the effective date of this agreement of August 30, 1982, whichever occurs first. A work day sha1l conform to standards set by the u.s. Department of Labor in its regulations. The Contractor will submit each week a wri-tten report on the percentage of work compreted for that period and a projected schedule of work for the succeeding week. Failure to meet projected schedules must be explaned in writing to the Executive Director of CBI and approved in writing by him. Derays for rnclement whether which reason- ably could be expected to interfere with the quality of the Contractorrs work t ot with the character of the materials used shall be reported to the Executive Director of CBI and may be approved in writing by him. Failure to meet the agreed upon comptetion date shall subject the Contractor to a penatty of $100.00 per day for each work day beyond the agreed upon completi.on date. The agreed upon completion date is the sum of the num- ber of work days set out in Section 5 , plus all approved inclement wether delays approved in writing by the Execu- tive Director of CBI. 6. The Contractor understands and agrees, that with the exception of the revokable permit for installation, all permits and fees are his responsibility. CBI shall obtain and pay for the revokable permit. 7. The statement below must be signed and notarized before this contract will become effective. B. This Agreement constitutes the entire understand- ing and agreement among the parties hereto with respect to the subject matter hereof, and there are no agreernents, understanding, restrictions, representatj_ons, or warranties among the parties other than those set forth herein or here- in provided for. 9. Time is of the essence of this Agreement. -3- 10. This Agreement may not be assigned by either party without the express written consent of both parties. 11. This Agreement may be amended, altered, modified, or changed only by a signed written agreement between the parties to this Agreement. L2. Any notice or communication required or permitted to be given by any provision of this agreement shall be deemed to have been sufficiently given or served for all purposes if delivered personally to the party or to an offi- cer of the party to whom the same is directed or sent by registered or by certified mailr postage and charges pre-paid, addressed to the address shown for such party on the signature page of this Agreement. Either party from time to time may designate another address by a written notice to the other party. Any such notice sha11 be deemed to be given on the date which the same was deposited in a regularly maintained receptacle for the deposit of the United States mai1, addressed and sent as aforesaid. 13. The interpretation and enforcement of this Agree- ment shal1 be governed by the laws of the state of Okla- homa IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in four (4) duplicate originals, the day and year first above written. ATTEST: CLASSEN BEAUTIFUL, INC. , zy. // f '/ M.?,r, ATTEST: CONTRACTOR L1 t- a By: .') :: (J,'. ,. , ,.'] -4- -ltu stra.r_4r , of lawful d9e r being fj-rst duly sworn, on oath salis that he is the agent authorized by Contractor to submit the above agreement with CLASSEN BEAUTIFUL, INC. Affiant further states that Contractor has not paid, q,iven, or donated or agreed to pay, givet ot donate to'any'ofticei or employee of CLASSEN BEAUTIFUL, INC., any money or other thing of va1ue, either directly or indirectly, in the pro- curing of this agreement. s scribed and sworn to before me this day of , 1e r{. .,rltlllt iL- dg ry I itJ I ) i.. I Mi,r sion Expires: 4 rto t' llittl -5- APPROVED as to form and I egality this ledayor , 19 ss s c pa oun 0r REVIEI,IED and APPROVED by the Council of THE CITY 0F 0KLAH0MA CITY this /s_ day of ,w[T. a ATTEST: ':, : rll.- e .:.'l ty :.r i.. ': .1jI. - .( '. r t ji:.." i- .. .r v,. '. ' ,"" ..' '. 11" t '. t 1 1.!{{lr, -6- CERTIFICATE OF NON.DISCRIMINAT ION In connection with the performance of work under this contract, the Contractor agrees as follows: (a) The Contractor agrees not to discriminate against any emp'loyee or applicant-for.emplojrment because of race] creed, loloi-, i.i, d9€, national origin or ancestry. The Contiactor ifratt tile affirmative action to insure that employees are treated without regard to their race, creed,-color, sex, age national origin, o. ances_try. Such actions shall include, but not be limited-to the fol'lowi ng' .mployment, upgrading, demotion or transfer, recruiting or recruitment, advertising, lay-off or termination, rates of pay or other forms of compeniitlon and selection for trai ni ng, i nc'lud'ing apprenticeshi p. The Contractor and Sub- Contractor agree to_post in a conspicuous place, avail- able to.ernployees-shal1 and applicants for empioyment,-or notices to be provided by the city cterk of the city 0kfahoma city setting forth provisions of this section. (b) In the event of the Contractor,s non-compliance wi th the non- discrimination clause, the contract may be cance'll ed or termi n- llgd !y the_City Council. The Contractor may be d ecl ared by the City Council ineligible for further contracti with the said agency until satisfactory proof of intent to comp'ly shall be made by the Cont ractor. (c) The Contractor agrees to inc]ude this non-discrimination cJause in any sub-contracts connected with the performance of this agreement. I have read above the stated clauses and agree to abi ebyi s requi S A r- -'. -|--TI-I i. ary ANTIC OLLUSIO N AF FIDAVIT Total ff,,8 0o Delivery in tF days F. O. B. Oklahorna City, Oklahorna Cash Discount As requi.red, we enclose in arnount of $ ) of arnount bi.d. PART Z The following affidavit is subrnitted by Bidder as a part of this bid and p ropo sal: STATE OF OKLAHOMA ) ) SS OKLAHOMA COUNTY ) The undersigned deponent, of lawfu1 age, being duly sworn, upon his oath deposes and says: That he has Iawful authority to execute the within and foregoing proposal; that he has executed the sarne by subscribing his name hereto under oath for and on behalf of said bidder; that bidder has not directly or indirectly entered into any agreement, express or irnplied, with any bidder or bidders, having for its object the controlling of the price or arrrount of such bid or bids, the lirniting of the bids or the bidders, the parceling or farrning 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 whornsoever, except those hawing a partnership or other financial interest with hirn 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 in restraint of freedorn of cornpetitlon by agreernent to bid at a fixed price or to refrain from bidding; or with any state offi.cial or ernployee as to quantity, quality, or price in the prospective contract, or any other terrns of said prospective contract; or in any discussions between bidders and any Cily offici.al concerning exchange of rnoney or other thing of value for special consideration in the Ietting of a contract; that the bidder/contractor has not paid, given or donated or agreed to pay, give or donate to any officer or employee of The City of Okf.ahpma City any money or other thing of value, either directly or indirectly, in the pr.ocuring of the award of contract pursuant to this bid. ,"a1..':...'... ." c^) ." i' Signe d \.. t l] Narne of Bidde r BY ' , .,,, Title rtrf{. )V