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HomeMy WebLinkAbout1992-044ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has solicited, received and tabulated com- petitive 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 receiv- ed and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or im- provements described in the bid invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive bids for the con- struction 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 be- ing the lowest responsible bids 1335 FRONTIER WATERPROOFING $44,457 00 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, 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 Propos- als, and documents relating thereto specifying the terms, condi- tions, plans and specifications, standards, quantities and speci- fied sums contained therein SYX21ON 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 here- by 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 im- mediately upon its passage and approva PASSED AND APPROVED this the �'_d y of ,1992 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPR ED AS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY DATE MARCH 17, 1992 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID #1335 - PAINT/SEAL EXTERIOR OF SERVICE CENTER BUILDING RECOMMENDATION We recommend this bid be awarded to the lowest bidder, Frontier Waterproofing, in the amount of $44,457 00 SUMMARY This bid is for all materials and labor necessary to strip the old paint from the Service Center Building exterior and replace it with a waterproof elastomeric coating This bid will also include recaulking and painting all trim on the building BACKGROUND Tabulation sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Utility Administration, Employees working in the Service Center FISCAL IMPACT Budgeted funds for 91-92 account #610-080-0252-8301 Re ctffulllly sub itted v oyd V Harrell City Manager Prepared by Name anise Harpool Title Senior Buyer Approved Name Tom D Shaw, C P M Title Purchasing Agent 243 DOC BID # 1335 I I � BID NAME PAINT/SEAL EXTERIORI BOUNDS PAINT FRONTIER OF SERVICE CENTER CO NATRAPROOFINO OPEN FEBRUARY 25 1992 M ITEM DESCRIPTION VENDOR I I I I 1 I TOTAL BID I E44 923 00 I I I I I I 2 UNIT PRICE TO CUT OUT ANDI $3 00 BECAME, PANEL JT PER LP I I BID BOND YES I I I I I I VENDOR I VENDOR E44 457 00 YES $2 BO 9'a - o// 5/ CONTRACT AGREEMENT STATE OF TEXAS )( COUNTY OF DENTON )( THIS AGREEMENT, made and entered into this 17 day of MARCH A.D., 19 92, by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through Lloyd V. Harrell thereunto duly authorized so to do, hereinafter termed *OWNER,* and , 701 S. ELM, DENTON, TEXAS 76201 of the City of DENTON , 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 bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1335 - PAINT/SEAL EXTERIOR OF SERVICE CENTER BUILDING in the amount of $44,457.00 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 accordance with the plans, which includes all maps, plats, blueprints, and CA-1 0114s other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON PURCHASING STAFF , , 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 0114s IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. �"WRAMIC YM MAK ATTEST: i L O1.I II APPROVED AS TO FORM: J City tt rney CA-3 (SEAL) FRONTIER WATERPROOFING CONTRACTOR Title (SEAL) 0114s CITY OF DENTON 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 endorse- ments 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: o 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:VII• o 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. IR1 APPROVED 12-18-91 Insurance Requirements Page 2 o Liability policies shall be endorsed to provide the following: oo Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. 00 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. o All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non -renewal or reduction in coverage. o 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. o 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. o 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: IR2 APPROVED 12-18-91 Insurance Requirements Page 3 [ XJ A. General Liability Insurance: General Liability insurance with combined single limits of not less than S son _nnn_nn 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: o Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverages. o Coverage B shall include personal injury. o 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: o 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. o Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [x] Automobile Liability Insurance: Comprehensive or Business Automobile Liability insurance shall be provided by the Contractor with limits of not less than _ $ 500.000.On per occurrence either in a single policy or in a combination of underlying and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of operation, maintenance or use of any auto, including owned, non -owned and hired automobiles and employee non -ownership use. (ISO Form CA 0001 Current Edition) IR3 APPROVED 12-18-91 Insurance Requirements Page 4 [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. [ ] 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 limits 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. IR4 APPROVED 12-18-91 Insurance Requirements Page 5 [ ] 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. OOOED IR5 APPROVED 12-18-91 P R O P O S A L Having examined the specifications and conditions for this project and having examined the premises and circumstances affecting the work, the undersigned offer: _ To furnish all labor, material, tools, equipment, transportation, incidentals and other facilities, and to perform all work for the Painting of the Service Center, 901 Texas St., Denton, Texas. _- UNIT PRICE TO CUT OUT AND RECAULR CONSEALED PANEL JOINTS PER LINER — FOOT S PER LF BASE BID S ZI 4e" BASE BID IN Seal if Incorporated WASHINGTON L'\TER.'.;"\TlO:->AL l:-;SL"RA.'.;CE CO~IPA.'\'Y BID OR PROPOSAL BOND KNOW ALL MEN BY 11iESE PRESENTS: That We. Frontier Waterproofing, Inc. 701 S. Elm Denton, Tx. 76201 O:ereinaHer called the ;:rmclpalJ. os ;:rincipal. and WASHINGTON IllTERNATIONAL INSURANCE CO. . a corporation organ. Ized and doir.g busmess under and by virtue of the laws of the Slate of ARIZONA . and duly licensed for the pur;::ose of making, guaranteemg or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of Texas as Surety, are held and firmly bound unto "Ci ty of Denton Denton, Texas (hereinafter called the Obligee) In the just and full sum of Five percent (5%) of the amount bid. Dollars ($ 5% ) lawlul money of the United States of America. for the payment of which. well and truly to be t:'l.ode, we hereby bind ourselves and our and each of our successors and assigns. Jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT. WHEREAS. the above bounden prinCipal os aforesaid. is about to hand in and submit to the obligee a bid or proposal for the Paint/Seal Service Center Building In accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor. tJow, THEREFORE, if the bid or proposal of said principal shall be accepted. and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law. then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF. said Principal and said Surely have caused these presents to be duly signed and sealed this 25th day of February 'Z.-"'/ .1992 Frontier Waterproofing, Inc. By /7d ~ WASHINGTON INTERNATIONAL INSURANCE COMPANY By ~:~?~'-'ir - cr) 0 "'..:. Ph 1 is 01 n Auomey.in.Faet SC 600201 Rev. 1/84 General WASXINGTON INTERNATIONAL INSURANCE COMPANY POWER OF ATTORNEY , KNOW ALL MEN BY THESE PRESENTS: That the washington International insurance ConpAny,a corporation organized and existing under the laws of the State of Arizona. and having Its principal office In the Village of Schaumburg. Illinois does hereby constitute end appoint • • TON P. ELLIS III AND PHYLLIS OLSON •• Its true and lawful attorneys) -in -fact to execute, seal and deliver for and on Its behalf as 'surety, any and all bonds and undertakings, recoonl:ences, eentraeta of indemnity and other writing@ obligatory In the nature thereof, the execution of such be lnstruoent(s) In pursired, or uance these 'presents,' hell be regulation. contract upon they saidrwise, and Washington International Insurance Company as fully and ammpty, to all intent• and purposes, es If the same he• been duly executed and acknowledged by Its President at Its principal office. This Power of Attorney shell be limited In amount to 1650,000.00 for err/ single obligation - This Power of Attorney Is Issued pursuant to authority granted by the resolutions of the Board of Directors adopted February 4, 1976, and January 17, 1904, which read, In pert, as follows: 1. The President may appoint Attorneys-(n-Fact, and authorize them to execute on behalf of the company, and attach the Seel of the Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and other writings obligatory In the nature thereof, end to appoint Special Attorneys-In•Fact, who are hereby authorized to o this section or any C-Laws of the ompany, end tto oes of any remove,, at any time,attorney any such:ssued In Attorney -in -Fact ^ore Special Attorney -In Fact and fre revoke the the authority given him.^ 2. The , and signatures of the Chairman of the Board, my be affixed ff xetd, Vice per^at Attorney, certificate, Treasurer dror and secretary, and the corporate seal facsimile- the Company, or such: facsimile signature ignaturer oro,facsimile seat affixed In b eordfnry course of certificatebond thdl be valid undertaking and binding upon the company. - �"r'��'w`--- •---- i t Insurance Company has caned this instrument to be signed and its IN TESTIMONY 4 corporate seat r_ STATE OF ILL COUNTY OF COOK :CORPORATE'; SEAL �% ARIZONA�,'� ut one zed officer, this Bth day of April, 1991- WiSHy�NT NATI AL INSURAM COMPANY On this Sth day of April, 1991, before me came the Individual who executed the preceding Instrument, to me personally known, and, being by me duly sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company; that the seal affixed to sold Instrument 1s the Corporate Seat of said Company; IN TESTIMONY WHEREOF, I have here to set my hand and affixed or/ Official Sesle the day end year first above written. "OFFICIAL SEAL" , Christine Zaretsky ttulkry POUIit. Sloe 01 Illinois Istine zeratsky,+I otary Pub�,y� My Commission Expires 10/)/92 'My Commission Expir October @,,Jt99z CERTIFICATE STATE OF ILLINOIS ) COUNTY OF COOK ) 1, the undersigned, Assistant Secretary of WASHINGTON INTERNATIONAL INSURANCE.COMPANT, an ARIIONA Corporstion, 00 HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article tit, Section 5 of the By -Laws of the Corporations and the Resolution of the Board of Directors, set forth in the Power of Attorney, are no ,,In force. Signed and sealed in the County of Cook. Dated the'' ri th da�/F r lary r 19��• Lewis It. Moeller, Secretary r awal! 03/10/02 W"1�2 Ramey King At Minnie Insurance 101 S. Locust Suite 707 Denton TX 76201- CODE 42.36301 INSURED Frontlx Waterproofing Inc 701 South Elm Denton TX 76201- sue-CODE _...................................... COMPANIES AFFORDING COVERAGE 1 COMPANY LETTER A Commercial Union .......................................... COMPANY LETTER ..... ..................................................... I ...... ........ ... .... . B Houston Generai COMPANY V LETTER coMPPNY D LETTER ............................... COMPANY E LETMA THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY RSOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 13 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .: ............................................................................................................ ....... �....,�...........�.,.,,.,........,..�.......,,...,....I...�...,.,,,,,,......... ..,.. ... .. O ' POLICY EFFECTIVE 'POLICY EXPIRATION 'A TYPE OF INSURANCE POLICY NUMBER DATE (MM+OOM'} GATE (MM/DO,WY) LIMITS . ;....................................................................................................... .. ................................................ ............. ............... (� GENERAL LMaLI'LY CRR325340 it/02191 111D2/92 L...........,.....,,,................. .....,,,,., GENERAL AGGREGATE .,,...,,..,,,.,..........,,.,,.,,..... ;a 1000000 X COMMERCIAL GENERAL LIABILITY PRODUMCOMPIOP AGO. ;S loom .,...... �........ �........� CLAIMS MADE X OCCUR. .......................,...,...,....,,,,,...,...,,............. PERSONAL 6 ADVADV. INJUf1Y 10000 0000 A X OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE i9 1000000 .............................. FIRE DAMAGE (Any aro fro) ..................... !s I.............. 50000 MEO. EXPENSE .Any ene peraFA)j1 5000 A AUTOMOBIIE LUBaRY SRAES8255 111021o1 11102/02 ; COMBINED SINGLE jf 1000D00 X ANY AUTO LIMB ....... .... I ............. ................. I ...... ...I... ALL OWNED AUTOS SOOhY INJURY ie SCHEDULED AUTOS (fir Down) :.................................... .......... :......... .... ...................... HIRED AUTOS BODILY INJURY NON-ONNED AUTCE (Per oddldonv .............................. ................. ........ .......................... ... ........ GARAGE LIPa:LRY PROPERTY DAM46 9 ....,,. ....... ... .... ................................................................... ........................ � ....� .. ...... .... .....y..... A ExCEss LIABILITY CRBX325340 11102/91 11102/02 EACH OCCURRENCE .. ,1 1000000 X UMBRELLA FORM iAGGREGATE ...................... .a .... ............ 1000000 .. . OTHER THAN UMBRELLA fORM „I•'„ ...... WORKER'S COMPENSATION SYAT.IYORY LIMITS 2 B ANDOSTWC1024063M 11/03/41 11/03/92 I EACH ACCIDENT A 500000 DISEASE - POLICY LIMB la 500000 EMPLOYERS' LIABILITY .. ... „. .. ... ... ...........................I..........,......:... DISEASE- EACH EMPLOYEE .1...............�.,.,...,... .. ... .,..,,.� ........................... ;7 .. S00000 OTHER DESCRIPTION OF 6PERATION&LO0ATION&WHICL9UPe:0IAL PIEMS Vehicle Maintenance BulldlnD Additional Insura l: City of Benton ae SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City or Denton EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 9O7 Texas St. Swice Canter <F3 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Denton TX 76201- •:;s: LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ;;j'•,,�`' UABIUTY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE e GZ'%'�h JamesE. King _, t t A