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HomeMy WebLinkAbout1999-269ORDINANCE NO � "—� f AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF WATERLINES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID 2386 — SANDPIPER AND WESTCHESTER WATERLINE AWARDED TO OSCAR RENDA CONTRACTING, INC IN THE AMOUNT OF $337,653) WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances, and, WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS S CE TION I That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 2386 OSCAR RENDA CONTRACTING, INC $337,653 SECTION II That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid SECTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SECTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the i — day of f ,1999 JACK fI ER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY 9e4mla Jfi APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BID 2386 -CONTRACTUAL ORDINANCE ATTACHMENT TABULATION SHEET Date 7 2 9 SANDPIPER AND WESTCHESTER WATERLINES Qty. PIESPRI 'ON VENDOR VENDOR VENDOR OSCAR RENDA JAGOE PUBLIC CONTRACTING, PIPE CON, INC COMPANY E i FL Y INC SANDPIPER 8" WATERLINE $118,828 00 $127,249 85 $101,538 90 WESTCHESTER 8" WATERLINE $218,825 00 $320,839 15 $249,972 50 TOTAL $337,653 00 $448,089 00 $351,511 40 ADDENDUM YES YES YES - C CIPy - CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this AUGUST day of 17 A D , 1999, by and between CITY OF DENTON ` of the County of DENTON and State of Texas, acting through MICHAEL W JEZ thereunto duly authorized so to do, hereinafter termed "OWNER," and O5CAR RENDA CONTRACTING, INC 522 BENSON LANE ROANOKE, TX 76262 of the City of ROANOKE , County of DENTON and State of TEXAS , hereinafter termed "CONTRACTOR " WITNESSETH That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below BID # 2386-SANDPIPER AND WESTCHESTER WATERLINE in the amount of $337,653 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in CA-1 accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by ENGINEERING DEPARTMENT all of which are made a part hereof and collectively evidence and constitute the entire contract Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract CA-2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written APPROVED BID 2386 Rev 8/99 CITY OF DENTON lVAIA ,I II CA-3 (SEAL) 5aa �tiSop-" UNE: MAILING ADDRESS (SEAL) PERFORMANCE BOND Bond #8149-24-02 STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That OSCAR RENDA CONTRACTING, INC whose address is 522 BENSON LANE, ROANOKE, TX 76262, hereinafter called Principal, and Federal Insurdnce ComRany a corporation organized and existing under the laws of the State of TEXAS and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of THREE HUNDRED THIRTY SEVEN THOUSAND SIX HUNDRED FIFTY THREE AND no/100------ DOLLARS ($337,653) plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 99-269 , with the City of Denton, the Owner, dated the 17 day of AUGUST AD 1999 , a copy of which is hereto attached and made a part hereof, for BID # 2386-SANDPIPER AND WESTCHESTER WATERLINE NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, and, if the Principal, shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by the Owner, and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void, otherwise, it shall remain in full force and effect PB - 1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,' Specifications, Drawings, etc This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 17 day of AUGUST 1999 ATTEST PRINCIPAL ffM . rc � up BY Oscar c ATTEST VA' 'i Y Federdl Insurance Company BY Dianne Gass BY Amyt U ATTORNEY -FACT Arnim I Gerstenmeier The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME rmKA.� L Mnnubtcs — STREET, ADDRESS 63236 L1nudos bs'. S4zYc SaS. pAi1As,T1,rAs 15'2.25 (NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a corporation, give a person's name ) Purchase/BondAgr==ntFor= dm PB-2 Chubb POWER Federal Insurance Company Attn Surety Department C Surety OF Vigilant Insurance Company Pacific Indemnity Company 15 Mountain View Road Warren, NJ 07069 ATTORNEY Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Arnim I Gerstenmeier, John L Mondics and Larry D Greenhaw of Dallas, Texas --------------------------- each as their true and lawful Attorney -In -Fact to execute under such designation In their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds (other then bell bonds) and undertakings given or executed In the course of its business (but not to include any instruments amending or dialing the some, nor consents to the modification or alteration of any instrument referred to In sold bonds or obligations) In Witness Whereof, saki FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents andafffbrod!haircorporate seals on this10th dayofFebruary, 1999 fig nneth C en el, sfa S ryFro k E Robertson, VI President STATE OF NEW JERSEY County of Somerset J w On this 10th day or February, 1999 before me a Notary Public of New Jersey personally came Kenneth C Wendel to me known to he Awl -dent Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY the companies which executed the foregoing Power of Attorney and the mid Kenneth C Wendel being by me duly sworn did depow and my that he Is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof that the seals aelxed to the foregoing Power of Ascrney are such corporate seals and were thereto affixed by authority of the Sy -Laws of sail Companies and that he signed mil Power of Attorney as Assistant Secretary of acid Companies by like authority and that he is acquainted with Frank E Robertson, and known him to be Vim President of said Companies, and that the signature of Frank E Robertson, subscribed to mid Power of Attorney Is In the genuine handwriting of Frank E Robertson and me thereto subscribed by authority of said By -Laws and in deponents presence Notarial Seal oftws,�` ANNEK RUSSAMotai Notary Public Stets of New Jersey No State of 8 CERTIFICATION Commission ExpoesJune 17,2003 Extract from the By -Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY 'All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vim President, jointly with the Secretary or an Assistant Secretary, under their respective designations The signature of such officers may be engraved primed or lithographed The signature of each of the following officers Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of allomey or to any certificate relating thereto appointing Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which t Is attached " I, Kenneth C Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the'CompanletI do hereby certify that (I) the foregoing extract of the By -Laws of the Companies is true and correct, (II) the Companies are duly licensed and auggdaed to transect surety business In all 50 of the United States of America and the District of Columbia and are autlprimd by the U S Treasury Department further, Federal and Vigilant are licensed In Puerto Rioo and the U S Vkgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island, and (III) the foregoing Poorer of Attorney is tore, correct and in full farm and effect Given under my hand and seals of said Companies at Warren, NJ this 17 th day of Aupu s t , 1999 vq � a � YMDIANF' e ♦ e�eW a,F+F M1111111,2F _ i n IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3486 Fax (908) 903-3666 e-mail surety@chubb com Form 15-10-M (Ed i4ill NON -CONSENT PAYMENT BOND STATE OF TEXAS § Bond #8149-24-02 COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That OSCAR RENDA CONTRACTING, INC , whose address is 522 BENSON LANE, ROANOKE, TX 76262, hereinafter called Principal, and FAdArai TnRnrAnre Comply a corporation organized and existing under the laws of the State of TEXAS , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of THREE HUNDRED THIRTY SEVEN THOUSAND SIX HUNDRED FIFTY THREE AND no/100 ---- DOLLARS ($ 337,653) in lawful money of the United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 99-269 , with the City of Denton, the Owner, dated the 17 day of AUGUST A D 1999 , a copy of which is hereto attached and made a part hereof, for BID 2386-SANDPIPER AND WESTCHESTER WATERLINE NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void, otherwise it shall remain in full force and effect PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc PB-3 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which' shall be deemed an original, this the 17 day of AUGUST , 1999 ATTEST ,1BY iySsT. SE T RY g,epmp,, t . Cai rgy ATTEST BY Dianne Gass PRINCIPAL Oscar Benda/ Contri�*ing, Inc Federal Insurance Compan BY A —WA I/ �9iEff i ATTORNEY -IN -FACT Arnim I Gerstenmeier The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME John L. Mondics STREET ADDRESS 8235 Douglas Ave , Suite 828, DAllds, T'exds 75225 (NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a person rs name ) Purchase/BondAgreem aForms dmv 8/99 C Chubb POWER Federal Insurance Company Attn Surety Department OF Vigilant Insurance Company 15 Mountain View Road Sure/ ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by Thaw Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Arnim I Gerstenmeier, John L. Mondies and Larry D Greenhaw of Dallas, Texas --------------------------- each as their true and lawful Attomey-In-Fact to execute under such designation In their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds (other than bail bonds) and undertakings given or executed In the course of its business (but not to Include any Instruments amending or akering the some, nor consents to the modification or alienation of any Instrument referred to In said bonds or obligations) in Witness Whereof, sold FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNNI TY9 COMPANY have each executed and attested these presents and affixed their corporate seals on this 10bh day of February , 99 �_-, a. I nneth C en el, sfa Sa ry T- Fro It E Robertson, VI President STATE OF NEW JERSEY County of Somerset J" On this 10th day or February, 1999 sae me a Notary Public of New Jersey personalty name Kenneth C Wendel to me known W be Amistent Secretary of FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY the companies which executed the foregoing Paver of Attorney, and The mil Kenneth C Wendel being by me duty swum, did depose and my that he Is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and known the corporate made thereof that the amis amxed to the foregoing Power of Attorney am such corporate meals and were thereto aalxed by authority of the By Laws of mid Companies and that he signed mid Power of Attorney as Assumed d Secretary of said Companies by like authority' and that he Is acquainted with Frank E Robertson and knows him to be Vim President of mid Companies, and that the signature of Frank E Robertson subscribed to mid Power of Attorney Is in the genuine handwriting of Frank E Robertson, and was thereto subscribed by authority of mid By4Aws and In deponenfs presence Netadal3ml vty K 6s o OTAR .{.P,_UBLCC OANNE K RUSSAIINots 'WJdv92� Notary Public Stets of New Jersey No 2214608 CERTIFICATION Commission Expires June 172003 Extract from the By -Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY 'All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice PreeldeM or an Assistant Vice President Jointly with the Secretary or an Assistant Secretary, under their respective designations The signature of such officers may be engraved printed or lithographed The signature of each of the following offtcere Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seed of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys -In -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof and any such power of attorney or certificate bearing such facsimile signature or facsimile awl shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shell be valid and binding upon the Company with respect to any bond or undertaking to which it Is attached " I, Kenneth C Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY (the 'Companies") do hereby certify that (I) the foregoing extract of the By -Laws of the Companies Is true and correct, pq the Companies are duly licensed and authorized to benaaol surety business In all 50 M it* Unwed States of America and the District of Columbia and are authorized by the U S Treasury DepaMreM, further, Federal find Vigilant are licensed In Puerto Rloo and the U S Virgin Islands, and Federal Is tioenaed In American Samoa, Guam, and own of the Provinces of Canada except Prince Edward Island, and (III) the foregoing Power of Attorney is true, correct and in full force and effect Given under my hand and mats of sold Companies at Warren, NJ this 17 th day of August, 1999 , � 4 _ilhl � _ .2 7. n M-- IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3485 Fax (908) 903-3656 e-mail surety®chubb com Farm 1540.022e(Ed t -CON CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract Upon, bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract STANDARD PROVISIONS. Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time, however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted Each policy shall be issued by a company authorized to do business in the State of Texas with an A M Best Company rating of at least A Any deductibles or self -insured retentions shall be declared in the bid proposal If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses Liability policies shall be endorsed to provide the following •• Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers •• That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought The inclusion of more than one insured shall not operate to increase the insurer's limit of liability • All policies shall be endorsed to read "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR' MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED" • Should any of the required insurance be provided under a claims -made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted [XI A General Liability Insurance - General Liability insurance with combined single limits of not less than $1,000,000 shall be provided and maintained by the Contractor The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies If the Commercial General Liability form (ISO Form CG 0001 current edition) is used Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage Coverage B shall include personal injury Coverage C, medical payments, is not required If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability 1XI Automobile Liability Insurance Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $1,000,000 either in a single policy or in a combination of basic and umbrella or excess policies The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract Satisfaction of the above requirement shall be in the form of a policy endorsement for • any auto, or • all owned, hired and non -owned autos [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensation Commission (TWCC) [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance Policy limns will be at least combined bodily injury, and property damage per occurrence with a aggregate [� Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building Limits of not less than each occurrence are required [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications ATTACHMENT1 [ ] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A Definitions Certificate of coverage ("certificate ")-A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity Persons providing services on the project ("subcontractor" in §406 096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees This includes, without lunitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets B The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401011(44) for all employees of the Contractor providing services on the project, for the duration of the project C The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract D If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended E The contractor shall obtain from each person providing services on a project, and provide to the governmental entity (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project, and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the, current certificate of coverage ends during the duration of the project F The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter G The contractor shall notify the governmental entity in writing by certified marl or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project H The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage I The contractor shall contractually require each person with whom it contracts to provide services on a project, to (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011(44) for all of its employees providing services on the project, for the duration of the project, (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project, (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (4) obtain from each other person with whom it contracts, and provide to the contractor (a) a certificate of coverage, prior to the other person beginning work on the project, and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project, and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services J By signmg this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity BID # 2386 PROPOSAL me] THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF SANDPIPER 8" WATERLINE AND WESTCHESTER 8" WATERLINE DENTON, TEXAS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm or corporation, that he has carefully examined the form of contract, Notice to Bidder, specifications and the plans therein referred to, and has carefully examined the locations, conditions and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed herein and according to the requirements of the City as therein set forth It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in specifications It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions Similarly, they may be decreased to cover deletion of work so ordered It is understood and agreed that the work is to be completed in full within the number of work nays s,,own on the bid tabulation sheet P-I Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fall to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. Owner reserves the right to reject any and all bids. Owner may investigate the prior performance of bidder on other contracts, either public or private, in evaluating bid proposals. Should bidder alter, change, or qualify any specification of the bid, Owner may automatically disqualify bidder. The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans and specifications, for the following sum or prices, to wit: ** PLEASE RETURN BID TABULATION SHEET AND SUMMARY SHEET IN DUPLICATE ** P - 2 Sandpiper 8" Waterline BID TABULATION SHEET Work Days_30_ Bid No Item Description Quantity I Unit I Unit Price Total 121 Contractors Warranties and Understandings L - I LS $ 5Lv /LS $ Soo Umt Pnce In Words TWO -tvoo5ijNQ FwL putJOVAD Is Pdu 2 12-A 2" Water Line 10 LF $ \V /LF 1 $ 10(o) Unit Price In Words f 2 12-B 4" Water Line 1 21 1 LF $ 10 /LF $ -Z hU Unit Price In Words 7,rN 21 2 12-C 8" Water Line 1841 LF $ /LF $ s�P Unit Price In Words QQIkAIZ 2 12 8 Ductile Iron Fittings 635 1 LB Is /LB $ a .6q Unit Price In Words FOuz 2 13-A 6" Valves 1 I EA $ 500 /Ep $ 500 Umt Pnce In Words E%VL hVjJD?,jQOo 2 13-13 8" Valves 1 4 1 EA Is 55o /EA $ pp Umt Pnce In Words Los `Aurusm ggTl pg�%-A su 214 Fire Hydrant Assembly 1 2 1 EA $ /EA $ UnitPnce In Words O N OUS NN2 Vj,)wpjtrp 00I.oA L 2 16-A Water Service (Public) 42 1 EA $ /EA $ al ,00 Unit Price In Words , 3-B Remove Curb and Gutter 1 10 1 LF $ YO /LF $ Unit Price In Words _ 3 1 Preparation of Right of Way I - I LS $ /LS 1 $ Unit Price In Words N u S v L 3 9 Sod 1 126 SY $ $ /SY $ loot Unit Price In Words L t 3 12 Temporary Erosion Control I LS $ 0 /LS 1 $ q Unit Pnce In Words u i -t V t u z -m ➢"MIZ, 5-A 2-mph Atr Release Valve I EA $ j /EAI$Vro Unit Price In Words FOuR AUNCRt IP11( ugµAls P3 Sandpiper 8" Waterline BID TABULATION SHEET Work Days_30_ Bid No PC) K141 Item Description Quantity -r—U—niltj Unit Price Total 81 Barricades, Warning Signs, and Detours I LS $ 7 /LS $ Unit Pnce In Words Stvc" Pumoez Doi ,2 8 2-A Install Curb and Gutter 10 1 LF $ 3 t$ /LF 1 $ 380 UnitPnce In Words TN IR-r%e S t c" gs SP-2 Concrete Saw Cut 1 4 LF $ 10 /LF I $ 90 Unit Pnce In Words 71N Qo L t- A SP-10 Rock Excavation 1 50 CY $ ,5' /CY $ 2 tU Unit Pnce In Words I-09I SP-37 Excavation Protection 1841 1 LF $ /LF $ 1 e it Unit Pnce In Words aL SP-39 Project Signs 1 2 1 EA $ 200 /EA $ 9&-3 Hmj Pnce In Words %'WU Dottfes SP-40 Cut and Plug Existing Waterline 4 1 EA $ /EA $ Unit Pnce In Words 66tic N V N 10 i p K SP-42 Remove Valve Stack 1 4 1 EA $ �Q /EA $ ZOU Unil Pnce In Words Do t L, d i SP-43 Asphalt Saw Cut 3656 LF $ , 50 /LF Is Unil Pnce In Words C tNTS SP-44 Remove Fire Hydrant 1 I EA $ 200 /BA $ ZUU UnitPnce In Words W& µO H o RSt C) • DPLG/OR s SP-45 Miscellaneous Sprinkler System Adjustment I LS $ 7Cb /LS 1 $ 760 Uni Pnce In Words Sf t/ liliN O o 1-4 Ai Is $ Unit Pnce In Words Is 1 $ Uni Pnce In Words TOTAL 1 18 P4 Westchester 8" Waterline BID TABULATION SHEET Work Days_45_ Bid No PO No Item Description Quantity Unit I Unit Price Total 121 Contractors Warranties and Understandings - LS $ /LS $ Unit Pnce In Words ZW a T4102S N FjVL boltloxro«g s --- 2 12-C 8" Water Line 3041 UnitPnce In Words T t 4 2 12-D 6" Water Line 35 LF $ /LF $ 3'3 C) Unit Pnce In Words R C / r t.T 1 2 12-E 8" Water Line - Ductile Iron 40 1 LF $ —JO /LF 1 $ Z VUO Unit Pnce In Words 1201-6623 -F 10" Sanitary Sewer 20 LF $ 0 /LF $ Unit Pnce In Words 3 i TY P212 8 Ductile Iron Fittings 977 LB $ /LB $ 390 P Unit Pnce In Words 1= u s 213-B 8"Valves 1 3 EA $5-$(� /EA $ 0 Unit Pnce In Words r,Exy 95 214 Fire Hydrant Assembly 3 1 EA $ ZpQ /EA $ 6 p Unit Pnce In Words 6N 2 16-A TWater Service (Public) 54 1 EA $ JOD /EA $ Zi Unit Pnce In Words - �v Nu�(D 2 16-B Water Service (Pnvate) 6895 1 LF $ /LF $ZC�, 68S Unit Pnce In Words ng I g LoLL s 3-C Remove Concrete Sidewalk 1 93 1 SY Is /SY Is Unit Pnce In Words L S 3 1 Preparation of Right of Way I - I LS $ /LS $ Unit Pnce In Words A U 39 Sod 1038 1 SY Is/, /SY $ as Unit Pnce In Words 3 107 Hydromulch 1557 1 SY $ Z /SYI$3114 Unit Pnce In Words �-�ZA� 6/15/99 P 5 Westchester 8" Waterline BID TABULATION SHEET Work Days_45_ Bid No PO No Item IDescription Quantlty I Unit I Unit Price I Total 3 12 T=M Erosion Control I LS $ 1,2nD /LS 1 $ UnitlPnce In Words QM f-"VfM RT bilJ -- 8 1 B cades, Warning Signs, and Detours - I LS $ -100 /LS 1 $ -7e6 UnitlPnce In Words 51VSN 1{JN<O(z S P&e-w f 8 3-A Conrrrete Sidewalk 93 1 Sy $ Z 5 /SY $Z 32 5 UnitlPnce In Words Aj N V SP-2 Con rete Saw Cut 1 420 1 LF $ \ /LF 1 $ �} UnitiPnce In Words SP-10 Rock Excavation 1 1548 1 CY $ /CY $ -7 7 Umt1Pnce In or F V GL SP-37 Excavation Protection 2834 1 LF $ /LF I $ Unit lPnce In Words SP-39 Project Signs 1 2 1 EA $ ZC,O /EA $ YCO Unit Price In Words W t10 N o D s SP-40 Cut and Plug Existing Waterline 1 2 1 EA $ /EA 1 $ Unit IPnce In Words T W p No v,t 9 ¢; SP-42 Remove Valve Stack 2 EA $ 0 /EA $ 100 Unit Price In Words FtP1X LIAR s SP-43 Asphalt Saw Cut 1 7572 1 LF $ /LF $ 'jy Unit !,Price In Words F C f NT SP-45 Miscellaneous Sprinkler System Adjustment I LS $ /LS 1 $ UnitlPnce In Words QHL Is $ Unit Price In Words Is Is Unit Price In Words TOT L $ 6/15/99 P 6 BID SUMMARY TOTAL BID PRICE IN WORDS %N £f- N,, nosp _-al ' /­ '_.1 T � I n., cd<I v uUN DDsi In the event of the undersigned will furnish award contract o rnisha performance a a payment undersigned, the bond for the full amount of the contract, to secure proper compliance, with the terms and provisions of the contract, to insure and gu the work until final completion and acceptance, and to guarantee furpayment nished all claims ofthe c ntractfor labor performed and materials uishedin the fulfillment It is understood that the work proposed to be done shall be aocepwhen fully completed and finished in accordance with the plansandspecificationsp to the satisfaction of the Engineer. . The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and Unit and lump -sum prices as shown for each item listed in this proposal, shall control ovef extensions. Ttir . RACS l�Dp,yorc 1 tcfr��s %(v21o2 City and State Seal & Authorization ��� _ �9�- �70� (If a Corporation) Telephone B - 1 PROJECT Sandpiper 8" Waterline Westchester 8" Waterline TOTAL BID SUMMARY WORK DAYS 30 45 11 $1 V8�828 $ 2lir"ns $ 33"11053 Both waterline projects will be awarded to one contractor Award of bid will be based on the total The two projects are separated for bookkeeping purposes only Days for each project will be kept separately in order to minimize the amount of construction time on any given street 1M SENT 0Y MondLcs/greenhaw ins, 18— 2-88 111-18 1 2148871855y 840 348 '13024 2 mA�oownnld1mmmm lwnm I)00 wuDaTplae Aya, 811S.8 7= INSOR® Own Rmda OonEaahla Ina neare� Lane 7BOB4 EXOLUSIONS ANn rolarimnNa CF sUON PIPE OF IwmmcE N USUAL UAMl7TY % 1 COMMERCIAL GENERAL LUIRILI Y 1 _._ CLAMS MADE 01 I J OW'NEAS A CONTRAI -X IPER PRO,ROT AO01 ATE �AUTOMOBEE LIABLITY MY AUTO Il ALL OWNED AUTOS j I SOHEDUL® AUTOS HIRID AUTOS I� X NON40ED AUTOS T ONMOE LMBERV 11UU8 LIABILITY X j UMBRELLA FOAM ;OTHER THAN UMBRELLA FORM YAORimn OC mmemax WN i I Pilo i Intend mwm&z.quipmm volunteers are oeffmmsans parties metBriellvrChan Purmdl�OF DUOPL VITON Me Time Bstm Dmtm sr Ion BE3 WMIRMIN AFFORDING COVERAGE COMPANY LlrrM A Uneed PNMdb brs co OOMPAmy LOMAB Tarr efstllew Comp bw OUMPPA Y C AEtry hlelllam GoLETTER COMPANY D ^__....�.._-- ..._.......__ .., _.._ LMIU IAMFMT LETTER D IN 11 ' ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS I BY THE POLICIES DESCRIEED HEREIN 13 SUSUICT TO ALL THE TERMS, JE URN REDUCED BY PAID CLANG DA�F12 DATE M � uMin TOF0001070214 SM1b3B6 -ee erVol IIns on tha panera� IleblII ere' oepenu Ion pe o� 1oqq ohell read* Should of n ee1e notice for ham 241 78001 LIRE DAMAGE (My ens I NO ERNE ww elr NYNANNBC SINGLE LAST MXnLY INJURY •-- (PC peseN IY INJURY lw Ano@" PROPEnTY DAMAGE 1,000,000 03101I00 08101I00 EACH A006ENT - —► CIeBAeE POLICY Lear �- - is - 1,000,000 �_- ���� oMEaE EACH FMI'LOYEE �_ _ 1,000,000 03/01109 03/01100 Any One Occurrence 2,000,000 Any One Ilan 500,000 nednPtrble 4,000 p t^ of Denton Its gfFiclal , A ante Employ ae da I�a II ly policies Welvor SO is al Ion in MCI, s polrcissera pnnary as reopeste IS all operalions of the he above described policies be cancelled, nonroneaed or eXPIRATION DATE THERBOP, THE ISSUING COMPANY WILL ENE iS SOUCA COCCC( MAIL 80 ImAYS WRITTEN NOTICE! TO THE CEfITIPIGATE HjjM NAMED TO THE LIFT, !