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HomeMy WebLinkAboutRes 09-23 Authorizing Royer and Schutts to Perform the Installation of Offices and Classroom FurnitureTOWN OF WESTLAKE RESOLUTION NO. 09-23 AUTHORIZING THE APPROVAL OF ROYER & SCHUTTS TO PERFORM THE INSTALLATION OF OFFICES AND CLASSROOM FURNITURE FOR PHASE I OF THE SAM AND MARGARET LEE ARTS AND SCIENCES CENTER. WHEREAS, the Town of Westlake is working to become leaders in premier educational facilities and programs; and WHEREAS, Westlake desires to produce well educated future leaders and thinkers; and WHEREAS, Westlake desires to be business partners with Westlake Academy; and WHEREAS, the Town Council finds that .the contract from Royer & Schutts to install offices and classroom furniture Arts and Science Center benefits the public and is in the best interest of the public, citizens of Westlake, Westlake Academy students and their parents.; and NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1. All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2. The Town Council of the Town of Westlake hereby approves the agreement with Royer & Schutts authorizes Town staff to approve contractor, as it relate to the Arts & Sciences Center construction of Phase I at the Civic Campus and further authorizes town staff to make funding changes not to exceed $25,000.00 on the FF & E package. PASSED AND APPROVED ON TRIS 18 DAY OF MAY 2009. ATTEST: v d �< l i cutter, TRMC, Town Secretary APPROVED AS TO FORM: Attorney Laura Wheat, Mayor Thomas E. Brymer, To n Manager AGREEMENT BETWEEN TOWN AND CONTRACTOR THIS AGREEMENT is dated as of the " day of �-,,iik. in the year 2009, by and between the Town of Westlake, Texas (hereinafter called OWNER)and Royer & Schutts, I4bereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. 1.1 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The furnishing of all labor, shipping, materials, equipment, and incidentals for the Arts & Sciences Center which include installing of all offices furniture, breakout space, conference room, workrooms and three classroom furnishing listed in the scope. All manufacture and warrant information must be provided in three ring notebook. Article 2. CONTRACT TIME. 2.1. CONTRACTOR agrees to commence work within ten (5) days after the date of written notice to commence work, and to complete the work on which he has bid within 80 working days as provided in the General Conditions. Article 3. CONTRACT PRICE. 3.1 OWNER shall pay CONTRACTOR for completion of the Work on a Unit Price Work Basis in accordance with the Contract Documents in current funds based on the measured quantities and the unit prices stated in the Proposal. Article 4. PAYMENT PROCEDURES. 4.1 CONTRACTOR shall submit Applications for Payment on work completed during the previous month on the first day of the month. CONTRACTOR shall present only one Application for Payment each month. Applications for Payment will be processed by ENGINEER and OWNER shall make payment to CONTRACTOR within thirty (30) days of the date of the invoice. Article 5. INTEREST. 5.1 All moneys not paid when due shall bear interest at the maximum rate allowed by law at the place of the Project. Article 6. CONTRACTOR'S REPRESENTIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2 CONTRACTOR binds itself to use such materials and so construct the work that it will remain in good repair and condition for and during the period of one (1) years from the date of the repair and to maintain said work in good repair and condition for said term of one (1) years. CONTRACTOR binds itself to repair or replacement in part at any time within said period, if in the opinion of the owner, it be necessary. 6.3 To the fullest extent permitted by laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting there from and (b ) is caused in whole or in part by any negligent act or omission of CONTRACTOR, and Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Laws and Regulations regardless of the negligence of any such party. 6.4 In any and all claims against OWNER or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.3 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. Article 7. Contract Documents 7.1 The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: o Notice to Bidders consisting of one (1) page. o Instructions to Bidders consisting of three (3) pages. o Bid Proposal consisting of two (27) pages. o This Agreement consisting of three (3) pages. o Payment Bonds consisting of one (1) pages. o Bidders requirement consisting of one (1) pages. o Indemnification consisting of one (1) pages. o Experience records consisting of one (1) pages. o Furniture Plans consisting of three (3) pages. There are no Contract Documents other than those listed above in this Article 7. Article 8. TERMINATION. 8.1 OWNER may terminate contract if CONTRACTOR persistently fails to perform the work in accordance with the Contract Documents including, but not limited to, failure to supply sufficient skilled workers, or suitable materials or equipment, or otherwise violates in any substantial way any provisions of the Contract Documents. OWNER may, after giving CONTRACTOR seven (7) days written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work. Article 9. MISCELLANEOUS. 9.1 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound, and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed three (3) copies of the Agreement. Two counterparts each have been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR. This agreement will be effective on the OWNER: Town of lstlake, Texas By:. La4K'Sutter, t, May ATTES TMRC, Town Secretary Address for giving notices: 3 Village Circle, Suite 202 Westlake, Texas 76262 (If OWNER is a public body, attach resolution authorizing execution of Agreement. ) (If CONTRACTOR is a Corporation, attach evidence of authority to sign.) day of 2009. CONTRACTOR: Rover & �ehutt Inc. By: ATTEST. Address forgiving notices: 200 Bailey Ave. #300 Fort Wor_tb, T -X 76107 List name of person to whose attention notices are to be sent: Carolyn Holt PAYMENT BOND STATE OF TEXAS COUNTY OF TARRANT BOND No. KNOW ALL MEN BY THESE PRESENTS: That and the State (contractor's company) of the City of County of of , as principal, and (surety company) authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bond unto the Town of Westlake, Texas (Owner), in hoea s naal sum of for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of 2009, to Civic Campus Expansion Arts & Science Center which contract is hereby referred to and made part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying Labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect: Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way tion or additionobligation to the terms this ofofahe cont a�tsor to theeherey wwork aive notice of any such change, extension of time, alters to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of 2009. Principal 0 Address The name and address of the Resident Agent of Surety is: By Title Address Surety General Provisions CLEAN-UP DESCRIPTION 1. The Contractor shall perform such clean-up work as is deemed necessary by the town. 2. The work shall at all times present a neat and orderly appearance, and all clleaning up shall be completed and all construction machinery and equipment, surplus 3. The Contractor is require by the town ordinance to use Trinity Waste for all wast disposal contaners use on the project. SOLID WASTE DISPOSAL DESCRIPTION 1. The Contractor shall dispose of all refuse at a Texas Department of Health (TDH) approved landfill. 2. A list of all landfills having a TDH permit is available raatstheArlington office of a list H. allhlarrdfi Is Central Texas Council of Governments (NCTCG ) prepared, in the NCTCOG region. The DIFW landfill is listed in the telephone book "Yellow Pages". 3. Alternately, the Contractor may arrange with a Commercial waste firm to simply supply a roll- off bin for disposal purposes. Several private regional est lanits dfills project available the requirements. area. The contractor shall determine which method OFFICE AND CLASSROOM FROM TOWN OF WESTLAKE CIVIC CAMPUS ARTS & SCIENCES CENTER (8,400SQ. April 9th, 2009 TOWN OF WESTLAKE MAYOR Laura Wheat Town Council DON REDDING — MAYOR PRO TEM EXPANSION FT.) CAROL LANGDON LARRY CORSON REBECCA ROLLINS TIM BRITTAN TOWN MANAGER Tom Brymer Town of Westlake 3 Village Circle Suite 202 Westlake, Tx. 76262 Phone 817-430-0941 Fax 817-430-1812 NOTICE TO BIDDERS Sealed proposals addressed to the Town of Westlake for the instalaysion of.- OFFICES f: OFFICES AND CLASSROOM FURNITURE FROM TOWN OF WESTLAKE CIVIC CAMPUS EXPANSION ARTS & SCIENCES CENTER (8,400SQ. FT.) ALL COMPLETE BID PACKAGES MUST BE DELIVERED AND RECEIVED By Each bidder shall identify his sealed Proposal by typing on the outside of the envelope TOWN OF WESTLAKE ATTN: Debbie Piper - Finance Director 3 Village Cicrle Suite 202 Westlake, Texas 76262 NO LATER THAN 1:00 P.M. (C.S.T.) ON THE 30TH DAY OF APRIL 2009, OR THEY WILL BE DEEMED AUTOMATICALLY REJECTED. All responses and requests for clarification/information shall be addressed in writing to the Town Director Facilities at the above address. Or email: tmeyer@westiake-tx.org A pre-bid conference we be held at 1:00 p.m. Tuesday, April 14th, 2009 at the Town Hall at 3 Village Cicrle Suite 202 Westlake, Tx. 76262. All prospective bidders are required to have a repersentive from your firm attend this pre-bid conference. The Bid Opening will be held on Monday, May Ott' at 1:00 P.M. in the Town Hall at 3 Village Cicrle Suite 202 Westlake, Tx. 76262. Plans, specifications will be furnished $20 charge to any general contractor desiring to submit a bid for this project, and will be available on Thursday, April 9th through Friday, April 27th, from gam to 4pm Monday - Friday in person at the Town Hall, 3 Village Cicrle Suite 202, Westlake, Texas 76262. Please see Jaymi Ford. The Town of Westlake reserves the right to reject any or all bids, and to waive any formalities. The Town of Westlake is committed to the ideals of equal opportunity, and strongly encourages participation by HUB/MBE/WBE business enterprises. INSTRUCTIONS TO BIDDERS 1 • WORK TO BE DONE The work to be done as covered by these contracts and specificationsconsists of the furnishing of all labor, shipping, materials, equipment, and incidentals for the Arts & Sciences Center which include installing of all offices, breakout space, conference room, workrooms and three classroom. An itemized list is provided on the scope work. All manufacture and warrant information must be provided in three ring notebook. Timetable Approde by the Town Council on May 18, 2009 Furniture on site by August 10, 2009 Project completed by August 14, 2009 2• PREPARATION AND SUBMISSION OF PROPOSAL In the bid proposal, the bidder shall fill in the blanks for the "Unit Price" and the "Total Amount." 3. INTERPRETATION OF QUOTED PRICES In case of difference between the written words and any figure in a proposal, the amount stated in writing will be considered as the bid. The contract method will be unit pricing based on actual quantities of work installed. 4. DISCREPANCIES 1N BIDS In case of lack of clearness of a proposal, the owner will adopt the most advantageous construction thereof or reject the bid. 5- UNBALANCED BIDS Unreasonable or unbalanced unit prices will be cause for rejection of any bids. 6. INTERPRETATION OF SPECIFICATIONS Any questions as to the meaning of any specifications will be answered by addendum which will be sent to all who have been furnished with contract documents and plans. 7. LOCAL LABOR The Contractor, in so far as is practicable, will be expected to give preference to employment of local citizens. 8. MATERIALS FURNISHED BY CONTRACTOR The Contractor shall furnish all materials, regardless of their nature except as noted in the special Provisions and/or plans. 41 10 11 12 13. 14 MANUFACTURERS CERTIFICATE The Contractor shall furnish, if the owner so requests, a certificate from each of the manufacturers whose materials are used on this project stating that the materials and supplies fulfill or exceed the requirements set out in these specifications. AFFIDAVIT OF BILLS PAID Prior to final acceptance of this project by the owner, the contractor shall execute an affidavit that all bills for labor, material, rental, subcontractor's work and any other incidentals have been paid in full and there are no claims pending of which he has been notified. PLANS TO CONTRACTOR The contractor will be furnished with one (1) sets of plans. Should he desire more than one (1) sets, he may buy them for $20.00 per complete set. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE Attention is called to the fact that a minimum scale of wages to be paid to employees engaged in the work under this contract does not release the contractor from compliance with any state wage law that may be applicable. The contractor shall abide by the wage and hour laws of the state and must not pay less than the rates prescribed. TIME ALLOWED FOR CONSTRUCTION The contractor shall commence work in not more than 5 calendar days after the work order has been issued and shall be substantially complete within eight (80) calendar days of issuance of the work order. Work on the project shall start on May 19`h and must be completed on later than August 14, 2009. Liquidated damages shall be charged in the amount of $250.00 per day for not completing the work within the alloted time. The days charged shall begin at the earlier of the date the contractor proceeds with construction or 5 calendar days after the work order has been issued by the Town of Westlake. The Contractor shall submit in writing to the Town any request for additional time due to weather delays. Contractor will meet with the town responsive weekly to update their progress of the project. SPECIAL INFORMATION - SALES TAX The owner qualifies as an exempt agency as defined L Contractor shall comply with all statutes and rulings contracts, a final change order will be required to make sales tax data. 15. BID AWARD TO ONE OR MORE CONTRUCTOR S y the statutes of the State of Texas. The of the State Comptroller. On unit price final adjustment to reflect actual costs for It is the intent to obtain the most cost effective benefit to the Town of Westlake, which may include selecting one contractor based on the total aggregate bid or awarding items or sections separately to one or more contractors based on unit pricing. 16 17 INSURANCE The Contractor shall furnish and maintain during the life of the contract adequate Worker's Compensation and Commercial General Liability (Public) Insurance in such amounts as follows: Tyl2e of Insurance 1. Workerman's Compensation Compensation Act. 2. Commercial General General Aggregate $1,000,000 Amount As set forth in the Worker's Each Occurrence $500,000 Liability (Public) $1,000,000 Products Comp/Ops Agg. The Town of Westlake shall be named as an additional insured on the Commercial General Liability (Public) Insurance Policy furnished by the Contractor. Each insurance policy shall contain a provision requiring that thirty (30) days prior to expiration, cancellation, non -renewal or any material change in coverage, a notice thereof shall be given by certified mail to the Town of Westlake, 2650 J. T. Ottinger Road, Westlake, Texas 76262. Companies issuing the insurance policies shall have no recourse against the Town for payment of any premiums or assessments for any deductibles which are at the sole responsibility and risk of the Contractor_ Certificate of proof that the insurance is in force shall be furnished to the Town. The coverages provided herein shall be primary and noncontributory with any other insurance maintained by the Town of Westlake, Texas, for its benefit, including self insurance. In the event any insurance policy shown on the Certificate of Insurance has an expiration date that is prior to the completion and final acceptance of the project by the Town of Westlake, the Contractor shall furnish the Town proof of identical continued coverage no later than thirty (30) days prior to the expiration date shown on the Certificate of Insurance. The Contractor shall not commence work on any Contract in the Town of Westlake until the Contractor has obtained all the insurance required under this paragraph and such insurance has been approved by the Town. Contractor's most have a Per -bid bond and provide certification. BIDDERS REQUIREMENTS (Must be signed by the Contractor) ATTENTION TO ALL BIDDERS: The Town of Westlake wishes to thank you in advance for bidding on this project. Please be aware of the following requirements for bidding Town of Westlake work. It is important that you read and understand these qualification factors in order to achieve a rapid and smooth completion of the process. All pertinent documents required by law and these instructions must be correctly completed. A successful completion of them, will not only benefit the Town of Westlake, but also you as the contractor, because among other things, the money reserved for the project will be ready to be used in your project and prompt scheduled payment may be made without any further delays. If you are unable to comply with formal requirements or fail to exercise due diligence in completing the required contract forms, the contract may be awarded to the next lowest bidder for the reason time is of the essence in these projects. BASIC FORMS REQUIRED BY THE TOWN OF WESTLAKE THE FOLLOWING FORMS MUST BE COMPLETED BY THE CONTRACTOR AND IT'S INSURANCE COMPANY Proposal (to be completed by the contractor) 2. Experience Record (to be completed by the contractor and must be notarized) 3. Standard Form of Agreement (to be completed by the contractor) 4. Corporate Acknowledgment; or Single Acknowledgment; or Partnership Acknowledgment NOTE: Which ever is applicable to the contractor, just one must be completed, and shall be notarized. 5. Bonds : Pre-bid Bond and Payment Bond 6. Power of Attorney or Certificate of Authority of Attorney(s) In -Fact (issued by the surety's company) 7. Town of Westlake Certificate of Insurance form (to be completed by the insurance company) 8. Indemnification by the Contractor (to be completed by the contractor) REMINDER: (a) All signatures must be originals. (b) Make sure the appropriate forms have been correctly notarized. m Ql N �L LO U (O C � D C (0 C3 U E Q N Q U U G E 0-0 7 f/1 N E -n � O L U (6 a 0 9 r U Cal C6 CL C s I INDEMNIFICATION BY CONTRACTOR own shall not be liable or responsible for, and shall be saved and held harmless by Contractor from and against any and all suits, actions, losses, da saand altoney'srfe fees injury or death toity of any character, tany personcorpinjury to including all expenses of litigation, court costs, any property, received or sustained by any person or persons or property, arising out of, or occasioned by, ement, including claims and damages directly or indirectly, the performance of Contractor under this agre arising in part from the negligence of Town, withaorut}erof thewaiving parties gander Texas Iawovernmental �Theyprovis ons of available to the Town under Texas law and without waiving y dfenses this indemnification are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. r in this It is the expressed intent of the parties to this Agreement ct Town from the consequenthat the indemnity Provided ces of Town's own on is an indemnity extended by Contractor to indemnify p negligence, provided, however, that the indemnity provided for in this section shall apply only when the negligent act of Town is a contributory cause of the resultant injury, deat, own s the sole cause of the esulhantrindjury, death, shall have no application when the negligent act of T or damage,. unmixed with the legal fault of another person or entity. Contractor further agrees to defend, at its own expense, and on behalf of Town and in the name of Town, any claim or litigation brought in connection with any such injury, death, or damage. The Contractor will secure and maintain Con#ractulai9s�f� Liability maintained by the Town fourance to cover this ritsindemnificationagreement that will be primary and noncontributory as to any including self-insurance. In addition, Contractor shall obtain and file with Town a Town of Westlake Certificate of Insurance evidencing the required coverage. qC Company Name (Contractor) Signature Jim Jones Name (Please Print) Exec. VP & CFO Title K WITHIN THE UNDERSIGNED BUDDER AGREES TO COMMI=NC�O SUBSTANTIALLYBECOMP COMPLETE THE WpRDApT� F WRITTEN NOTICE TO COMMENCE WORK, AND WHICH HE HAS BID WITHIN 80 CALENDAR DAYS AS PROVIDED IN THE GENERAL CONDITIONS OF AGREEMENT. ENCLOSED WITH THIS PROPOSAL IS A CASHIER'S OR CERTIFIED CHECK FOR 4% Greatest Amount Bid ($ 3,10©. 00 ) DOLLARS, ORA PROPOSAL BOND IN THE SUM OF( DOLLARS, WHICH IT IS AGREED SHALL BE COLLECTED RPOSAL S ACCEPTINED ED BY THE OWNER BY THE OWNER tiNATHIN SIXTY LIQUIDATED DAMAGES W THE EVENT TS AND THE UNDERS (60) DAYS AFTER THE DATE ADVERTISED FOR SQUIRED BOOND INITHOF DTHE OWNER UNDERITHE GNED FAILS TO EXECUTE THE CONTRACT AND THE R CONDITIONS HEREOF, WITHIN FIVE (5) DAYS AFTER OTHERWISE, PROPOSAL IS ACCEPTED BY SAID CHECK OR BOND SHALL BE OWNER AND RECEIVED BY THE UNDERSIGNED RETURNED TO THE UNDERSIGNED UPON DEMAND. THE UNDERSIGNED HEREBY DECLARES THAT HE HAS �EIWTED THE SITE ORK COVERED BYDHAS THE ABOVEBID. EXAMINED THE CONTRACT DOCUMENTS RELATIVE RESPECTFULLY SUBMITTED: Rover & Schut s Ing. 4�rd'r�.r BY. Jim Janes Exec. V'P & CFO SEAL - IF BIDDER A CORPORATION EXPERIENCE RECORD List of projects bidder has successfully completed: Amount of Contract Award $200,000 Type of Work Expansion List of projects bidder is now engaged in completing: Amount of Contract Award $200,000 Type of Work Date Accepted 2/17/09 Date Accepted Branch Bank - Dallas 3/20/09 List of Surety Bonds in force on the above uncompleted work: Amount of Contract Award Amount of Bond None outstanding at this time. Acknowledgment on next page must be filled in. Name and Address of Owner Ensco 2500 N. Ackard Dallas, TX Name and Address of Owner Frost Bank P.O. Box 1600 San Antonio, TX 78296 Name of Surety Company EXPERIENCE RECORD CONTINUED a partner an individual Submitted by: - a corporation F with principal office at 2 a ERSHIPS' TO BE FILLED IN By CORPORATION Date Incorporated 1 Under the Laws of Texas(State) Executive Officer TO BE FILLED IN BY PARTN Date Formed State whether partnership is general limited or associated. Jim Jones List of Members: State of of County of T being duly sworn, deposes and says that he is the Jim J (Name of Organization) Exec�T% & CFO Royer & Schutts, Inc. as through written in full herein, and all and that the answers to the foregoing questions on the atis affidav ms and all statements herein are true an correct; that the experience record is made a part of th iven in the above mentioned experience record are true and correct. statements and answers to questions g (Signature) day of '41 Sworn to before me this ='Zy 7-6 Notary Public My Commission Expires: (Seal) MARILYN R MiufCAN My Commission Expires September 11, 2009