HomeMy WebLinkAboutResolution - 624 - Agreement - KGM Inc - Transit Building - 09/25/1980DGV/pg
RESOLUTION #624 / 9/25/80
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a Standard
Form of Agreement Between Owner and Contractor pertaining to City of Lubbock
Transit Building between the City of Lubbock and Knox, Gailey, & Meador,
Inc. attached herewith which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall constitute
and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 25th
day of September 1980.
B MCALIS ER, MAYOR
" ATTEST:-_
(vQe::!:yn Gaga,City Se,6r17Treasurer
APPROVED AS TO CONTENT:
John L. Wilson, Transit Coordinator
APPROVED AS TO FORM:
n
d G. Vandiver, First Asst. City Attorney
RESOLUTION #624 - 9/25/80
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A101
Standard Form of Agreement Between
Owner- and � Contractor
where the basis of payment is a
STIPULATED SUM
1977 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION
Use only with the 1976 Edition of AIA Document A201, General Conditions of the Contract for Construction.
This document has been approved and endorsed by The Associated General Contractors of America.
AGREEMENT
made as of the 25th day of September in the year of Nineteen
Hundred and Eighty.
BETWEEN the Owner: City of Lubbock, Texas
and the Contractor: Knox, Gailey, & Meador, Inc., Lubbock, Texas
The Project: City of Lubbock Transit Bui 1 di ng, Lubbock, Texas
The Architect: BGR Architects -Engineers
The Owner and the Contractor agree as set forth below.
Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, m 1977 by the American Institute of Architects, 1735 New
York Avenue, N.W., Washington, D. C. 20006. Reproduction of the material herein or substantial quotation of its provisions
without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution.
AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIAG
01977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101-1977 1
.a
RESOLUTION #624 - 9/25/80
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A101
Standard Form of Agreement Between
Owner- and � Contractor
where the basis of payment is a
STIPULATED SUM
1977 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION
Use only with the 1976 Edition of AIA Document A201, General Conditions of the Contract for Construction.
This document has been approved and endorsed by The Associated General Contractors of America.
AGREEMENT
made as of the 25th day of September in the year of Nineteen
Hundred and Eighty.
BETWEEN the Owner: City of Lubbock, Texas
and the Contractor: Knox, Gailey, & Meador, Inc., Lubbock, Texas
The Project: City of Lubbock Transit Bui 1 di ng, Lubbock, Texas
The Architect: BGR Architects -Engineers
The Owner and the Contractor agree as set forth below.
Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, m 1977 by the American Institute of Architects, 1735 New
York Avenue, N.W., Washington, D. C. 20006. Reproduction of the material herein or substantial quotation of its provisions
without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution.
AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIAG
01977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101-1977 1
ARTICLE 4
CONTRACT M
The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and
deductions by Change -order as provided in the Contract Documents, the Contract Sum of
One million sixty-six thousand six hundred nineteen and no/100 dollars.
The Contract Sum is determined as follows: ($1,066,619.00)
(State here the base bid or other lump sum amount, accepted alternates, and unit prices, as applicableJ
Base Bid as stated in the Proposal.
ARTICLE S -
PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued
by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro-
vided in the Contract Documents for the period ending the . first day of the month as follows:
Not later than f i f teen days following the end of the period covered by the Application .for Payment
ni nety percent ( 90 °k) of the portion of the Contract Sum properly allocable to labor, materials and
equipment incorporated in the Work and ni nety percent ( 90 %) of the portion of the Contract
Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon
in writing, for the period covered by the Application for Payment, less the aggregate of previous payments, made by the
Owner; and upon Substantial Completion of the entire Work, a sum sufficient to increase the total payments to
ni nety percent ( 90 %) of the Contract Sum, less such amounts as the Architect shall determine for all
incomplete Work and unsettled claims as provided in the Contract Documents.
(it not covered elsewhere in the contract Documents, here insert any provision for limiting or reducing the amount retained after the Work reaches a certain
stage of completion)
Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate
entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project.
(Here insert any rate of interest agreed upon.)
Usury laws and requirements under the federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the ownees
and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should
be obtained with respect to •deletion, modification, or other requirements such as written disclosures or waivers.)
AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 9977 • AIAe
01977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101-1977 3
ARTICLE 1
THE CONTRACT DOCUMENTS
- The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and
other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe-
cution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this
Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7.
ARTICLE 2
THE WORK
The Contractor shall perform all the Work required by the Contract Documents for
(Here Jnsert the caption descriptive of the Work as used on other contract Documents.)
City of Lubbock Transit Building, Lubbock, Texas
ARTICLE 3
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION .
The Work to be performed under this Contract shall be commenced on the date stipulated in
the written notice to proceed.
and, subject to authorized adjustments, Substantial Completion shall be achieved not later than
350 consecutive calendar days.
(Here insert any special provisions for liquidated damages relating to failure to complete on time.)
Liquidated damages as specified and as scheduled in the attached Article 7.
AIA DOCUMENT A101 - OWNER -CONTRACTOR AGREEMENT - ELEVENTH EDITION - )UNE 1977 - AIAO
01977 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101-1977 2
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the
Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has
been issued by the Architect.
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Terms.used in this Agreement which are defined in the Conditions of the Contract shall have the meanings
designated in those Conditions.
7.2 The Contract Documents, which constitute the entire.agreement between the Owner and the Contractor, are listed
in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows:
(List below the Agreement, the Conditions o/ the Contract (General, Supplementary, and other Conditions), the Drawings, the Specifications, and any Addenda
and accepted alternates, showing page or sheet numbers In all cases and dates where appliableJ
The -Proposal
The Agreement
The Specifications
The Drawings, Pages 1 thru 29 inclusive, dated June 9, 1980.
Addenda Nos. 1 and 2.
Miscellaneous Provisions. (copy attached)
This -Agreement entered into as of the day and year first written above.
OWNETL -vT y 'l ty of -Lib ock CONTRACTOR
s� Mayor KNOX, GAILEY, AND MEADOR
attest �' i^ _ y -Sec. LUBBOCK, TE
approve~ " Xnt:.)i&4____'rransit
BY p.
Coor .
AI�iiA701 • OWNER -CONTRACTOR AGREEMENT - ELEVENTH EDITION - JUNE 1977 - AIAO
01977 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A10'I-1977 4
ARTICLE 7
MISCELLANEOUS PROVISIONS
1. GOVERNING LAW: The Contract shall be governed by the law of the place
where the Project, is located.
2. SUCCESSORS AND ASSIGNS: The Owner and the Contractor each -binds himself,
his partners, successors, assigns and legal representatives to the other party
hereto and to the partners, successors, assigns and legal representatives of
such other party in respect to all covenants, agreements and obligations con-
tained in the Contract Documents. Neither party to the Contract shall assign
the Contract or sublet it as a whole without the written consent.of the other
nor shall the Contractor assign any moneys due or to become due to him here-
under, without the previous written consent of the Owner.
3. WRITTEN NOTICE: Written notice shall -be deemed to have been duly served
if delivered in person to the.individual or member of the firm or entity or
to'an officerof the corporation for whom it was intended,' or if delivered at
or sent by registered or certified mail to the last business address known to
him who gives the notice._ _
4. CLAIMS FOR DAMAGES: Should either party to the Contract suffer injury or
damage to person or property because of any. act or omission of the' other party
or of any of his employees, agents or others for whose acts he is legally liable,
claim shall be made in writing to such other party within a reasonable time
after the first observance of such injury or damage.
5. PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND: The Owner shall have
the right to require the Contractor to furnish bonds covering the faithful per-
formance of the Contract and the payment.. -of all obligations arising thereunder
if and as required in the Bidding Documents or in the Contract Documents.
The Contractor shall, at his.expense, and prior to acceptance and signing of
this contract by the Owner, furnish and deliver a Statuory Payment Bond and a
Statutory Performance Bond in the sum of one hundred percent (1006) of the
amount of the contract, and both in accordance with Article 5160, -Public Work
or 5472c and 5472d for Private Worki , Revised Civil Statutes of the State of
Texas as amended by acts of the Legislature of the State of Texas. The surety
furnishing such bond shall be authorized to perform in the State of Texas and
shall be approved by the Owner. Bonds shall guarantee the faithful perfor-
mance of all the covenants, stipulations and agreements of the Contract, which
bills or obligations might or will in any manner become a claim against the
Owner, and guarantee the work included in this Contract against faulty
methods or: -poor workmanship for the periods specified after the date of
completion of Contract. Al2 provisions of the Bond shall be complete and in
full accordance with statutory requirements. Bonds shall be signed by an agent
resident in state and date of bond shall be the date of execution of the
Contract,. If at any time during the continuance of the Contract, the surety
of the Contractor's bond becomes irresponsible, the Owner shall have the right
to require additional and sufficient sureties which the Contractor shall furnish
to the satisfaction of the Owner within ten (10) days after notice to do so.
In default thereof, the Contractor may be suspended, all payment or money due
to the Contractor withheld.
The form of the bonds shall be AIA Documents A311-1970 Edition.
X1.1
1
6. RIGHTS AND REMEDIES
a. The duties and obligations imposed by the Contract Documents and the
rights -and remedies available thereunder shall be in addition to and not a
limitation of any duties, obligations, rights and remedies otherwise imposed
or available by law.
b. No action or failure to act by the Owner, Architect or Contractor
shall constitute a waiver of any right or duty afforded any of them under the
Contract, nor shall any such action or failure to act constitute an approval
of or acquiescence in any breach thereunder, except as may be specifically
agreed in writing.
7:. -TIME
a. Unless otherwise provided, the -Contract Time is the period of time
allotted in the Contract Documents for Substantial Completion of the Work as
defined in Article VI., including authorized adjustments thereto.
b. The date of commencement of the Work is the date established in
a notice to proceed. If there -is no notice to. proceed, it shall be the date
of the Owner -Contractor Agreement or such other_ date as may be established
therein.
c. The Date of Substantial Completion of the Work or designated portion
thereof is the Date certified by the Architect when construction is suffic-
ently complete, in accordance with the.Contract Documents, so the Owner can
occupy or utilize the Work or designated portion thereof for the use for
which it is intended.
d. The term day as used in the Contract Documents shall mean calendar day
unless otherwise specifically designated.
e. It is hereby understood and mutually agreed, by and between the -
Contractor and the Owner, that the date of beginning and the time for com-
pletion as specified in the contract of the work to be done hereunder are
ESSENTIAL CONDITIONS of this contract; and it is further mutually understood
and agreed that the work embraced in this contract shall be comm need on a
date to be specified in the "Notice to Proceed."
f. The Contractor agrees that said work shall be prosecuted regularly,
diligently and uninterruptedly at such rate of progress as will insure full
completion thereof within the time specified. It is expressly understood and
agreed, by completion of the work described herein is a reasonable time for
completion of the same, taking into consideration the average climatic range
and usual industrial conditions prevailing in this locality.
XI.2
g. If the said Contractor shall neglect, fail or refuse to complete
the work within the time indicated by the Bidder in his proposal, or any
proper extention thereof granted by the Owner, then the Contractor does
hereby agree, as a part consideration for the awarding of -this contract,
to pay to the Owner the amount specified in the contract, not as a penalty
but as liquidated damages for such breach of contract, as hereinafter set, -
forth, for each and every calendar day that the Contractor shall be in de
fault after the time stipulated in the contract for completing the work.
h. The said amount is fixed and agreed upon by and between the Contractor
and the Owner because of the impracticability and extreme difficulty of fixing
and ascertaining the actual damages the Owner would in such event sustain, and
said amount shall be retained from time to time by the Owner from current peri-
odical estimates.
J. It -is further agreed that time is of the essence of each and every
portion of this contract and of the -specifications wherein a definite and
certain length of time is fixed for the performance of.any act whatsoever,
and where under the contract an additional time is allowed for the completion
of any work, the new time fixed by such an'extention shall be of the essence
of this contract. Provided,. -that the*Contractor shall not be charged with
liquidated damages or any excess cost when the delay in completion of the work
is due:
To any performance, priority.or allocated order duly issued... by the
Government,
To unforeseeable cause beyond the control and without the fault or
negligence of the Contractor, including but not restricted to, acts
of God, or of the public enemy, acts of the Owner, acts of another
Contractor in the performance of a contract with the Owner, fires,
floods, epidemics, quarantine restrictions, strikes, freight embargoes,
and severe weather; and
To any delays of subcontractors or suppliers occasioned by any of the _
causes specified in subsections of this article.
k. Provided, further, that the Contractor shall, within ten (10) days
from the beginning of such delay, unless the Owner shall grant a further period
of time prior to the date of final settlement of the contract, notify the
Owner, in writing, of the causes of the delay, who shall ascertain the facts
and extent of the delay and notify the Contractor within a reasonable time of
its decision in the matter.
%I.3
1. The contractor hereby agrees to commence work under this contract
on or before a date to be specified in a written'"Notice to Proceed" of the
Owner and to fully complete the project on or before the time indicated by
the Bidders Proposal. The Contractor further agrees to payas•-liquidated
damages, the sum given below for each consecutive calendar day thereafter
as hereinafter provided in Article 15 of the Supplementary Conditions of
the Contract for Construction.
Contract Amount
To and Including
Per Day
For more than
$ 4,000
$
10,000
$
s
10.00
$ 10,000
$
20,000
$
15.00
$ 20,000
$
50,000
$
25.00
$ 50,000
$
100,000
$
50.00 -
$ 100,000
$
500,000
$
100.00
$ 500,000
$
1,000,000
$
200.00
$ 1,000,000
$
2,000,000
$
300.00
$-29000,000
over
2,000,000.
- • $ •
: 400.00
8. PROGRESS AND COMPLETION
a. All time limits
stated la..the
Contract Documents
are of the
essence of the Contract.
b. The Contractor shall begin the Work within 10 days from the date
of commencement as defined above. He shall carry the Work forward expeditiously
with adequate forces and shall achieve Substantial Completion within the
Contract Time.
9. ADDENDA: Any addenda issued during the time of bidding shall be covered
in the proposal and in closing contract,`they shall become a part thereof.
xi. 4
i
PERFORMANCE BOND �-
STATE OF TEXAS
CO1Ji'7'iY OF Lubbock EVOW ALL MEN BYTHESE PRESENTS:
That we, Knox, Gailey C Meador, Inc., Lubbock, Texas
as principal, and United States Fidelity E Guaranty "Company
as surety are hereby held and firmly bound unto the"State of Texas in the
penal sum of --One Million, Sixty-six Thousand, Six Hundred Nine- /�oliarsd no/100--
$ 1,066,619.00 for the payment, whereof, the said principal and
surety bind themselves, their heirs, executors, administrators and suc-
cessors, jointly and severally, firmly by these presents.
The conditions of this obligation are'such that whereas the Principal
entered into a certain contract, hereto attached, and made a part hereof,
with the State of Texas, acting by and through . City of Lubbock,'Texas
dated September 25, 1980 -for the City of Lubbock
Transit Building, Lubbock, Texas
NOW, THEREFORE, the condition of this obligation is such that if
the Principal shall faithfully perform the contract in accordance with the
plans, specifications and contract documents, and shall fully indemnify and
save harmless the State of Texas from all cost and damage which the State
of Texas from all cost and damage which the State of Texas may suffer by
reason of Principal's default or failure so to do and shall fully reim-
burse and repay the State of Texas all outlay and expense which the State
of Texas may incur in making good any such default, then this obligation -
shall be null and void, otherwise it shall remain in Pull force and effect.
In the event Principal is in default under the contract as defined
herein, Surety will within fifteen (15) days of determination of such de-
fault take over and assure completion of said contract and become entitled
1XI
Page 1 of 2 S E P? 1980
911Y SURETARY
PERFORMANCE BOND (Continued):
to the payment of the balance of the contract price, or the Surety shall
make other arrangements satisfactory with the obligee for the completion
of the defaulted work but in no event shall the Surety's liability exceed
the penalty of this bond.
Provide further, that if any legal action be filed upon this bond,
venue shall lie in Lubbock County, State of Texas, and 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 the specifications accompany-
ing 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 or to.the
specifications.
IN WITNESS WHEREOF, the above bounden parties have executed this instru-
ment under their several seals this 25th day of . September 1980,
the name and corporate seal of each corporate party being hereto affixed,
.and these presents duly signed by its undersigned representative pursuant
Ao.authority of its governing body.
SFAi,: Knox, Ga i l ey and Meador, I nc ,.:
Principal
BY
Pr ident
United States Fidelity Guaranty Company
ATTEST: Surety
BY -
J n V. Shropshire, Att ney-in -Fact--
Page 2 of 2
A
PAYMENT BOND
STATE OF TEXAS
COUNTY OF Lubbock KNOW ALL MEN BY THESE PRESENTS:
That we, Knox, bailey and Meador, In c., Lubbock, Texas
as principal, and United States Fidelity S Guaranty Company
as surety are hereby held and firmly bound unto the State of Texas in
N i teen and no/100---
the penal sum of -One Million, Sixty-six Thousand, Six Hundred/ fl0 lays
$ 1,066,619.00 . for the payment, whereof, the said principal and
surety bind themselves, their heirs, executors, administrators and
successors, jointly and severally, firmly by these presents.
The conditions of this obligation are such that whereas the Principal
entered into a certain contract, hereto attached, and made a part, hereof,
with the State of Texas, acting by and through City of Lubbock, Texas
dated September 25, 1980 for the
Transit Buildi.ng,'Lubbock, Texas
NOW THEREFORE, the condition of this obligation is such that, if the
Principal shall promptly make payment to all.claimants as defined in
Article 5160 Revised Civil Statutes of Texas, 19259 as amended.by House
Bill 344, Acts 56th Legislature, Regular Session, 1959, 'effective April
27, 1959,.supplying labor and materials in the prosecution of the work
provided for in'said contract, then this obligation shall be null and void,
otherwise it shall remain in full force and effect.
This bond is made and entered into solely for the protection of all
claimants supplying labor and material in the prosecution of the work pro-
vided for in said contract, and all such climants shall have a direct
right of action under the bond as provided in Article 5160, Revised Civil
Statutes 1925, as amended by House Bill 344, Acts 56th Legislature, Regular
Session, 1959.
Page 1 of 2
PAYMENT BOND (Continued):
IN WITNESS WHEREOF,, the above bounden parties have executed this
instrument under their several seals this 25th day of September , 1980,
the name and corporate seal of each corporate party being hereto affixed,
and these presents duly signed by its undersigned representative pursuant
-to authority of its governing body.
Knox, Gai ley and Meador, Inc.
r
- Principal
A4V BY
•-••• - res i d t
ATTEST:
U
, en
United States Fidelity & Guaranty Company
Surety
BY -
o n
Page 2 of 2
�rops�ire,�tto!rnen� act
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
No............?.2 ?.R ........................
Snow all Men by these Presents:
That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the
State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
John V. Shropshire
of the City of Lubbock , State of Texas
Its true and lawful attorney in and for the State of Texas
for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES
FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms ,all and whatsoever the said
John V. Shropshire
may lawfully do in the premises by virtue of these presents.
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be
sealed with its corporate seal, duly attested by the signatures of its Vice -President and Assistant Secretary, this 23o day of
August , A. D. 19 59
UNITED STATES FIDELITY AND GUARANTY COMPANY.
(Si ed
) BY .................. La ....
't......$!!114t...........w ..._............... ....
Vice -President.
(Signed) Kenneth S. Teeple
_. _....................................................................................
.Assistant Secretary.
STATE OF„MARYLAND,
`BALTIMORE CITY,
On this 25th day of August , A. D. 19 59 , before we personally came
L. M.- Smith , Vice -President of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and Kenneth S. Teeple , Assistant Secretary of said Company, with both of
whom I am personally acquainted, who being by me severally duly sworn, said that they resided in the City of Baltimore, Maryland;
that they, the said L. M . Smith and Kenneth S. Teeple were respectively
the Vice -President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the cor.
poration described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the
seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corpora-
tion, and that they signed their names thereto by like order as Vice•Preaident and Assistant Secretary, respectively, of the Company.
My commission expires the first Monday in May, A. D. 1961.
(SEAL) (Signed) AnneM. O'Brien
Notary Pablie
STATE OF MARYLAND,
..................�....
BALTIMORE CITY, Set
I, James F. Carney , Clerk of the Superior Courtof Baltimore City, which
Court of Record, and has a seal, do hereby certify that Anne l l . O'Brien e
Esquire,
, bb is before
whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the
State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take
acknowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said
Notary, and verily believe the signature to be his genuine signature.
In Testimony Whereof, I hereto set my hand and affix the seal of the Superior Covet of Baltimore City, the same being a Court
of Record, this 25!h day of August , A. D. 1959
(SEAL) (Signed) James F. Carney
(9 -tib) Ckrk of the Superior Court of Baltimore City.
":.,
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suosaad ao uosaad Sub iutodde of 'IV
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