Loading...
HomeMy WebLinkAbout76-0115 Miller Davis -46- 4115 THE AMERICAN INSTITUTE OF ARCHITECTS 4m / II�II�N,� AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION Use only with the latest 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 this 15th day of January in the year of Nineteen Hundred and Seventy Six BETWEEN the Owner: City of Elgin 150 Dexter Court Elgin, Illinois 60120 and the Contractor: Miller Davis Company 4300 North Avenue Stone Park, Illinois 60165 the Project: Renovation of{Wing Park Pool City of Elgin \ `u Elgin, Illinois 60120 the Architect: McFadzean and Everly, Limited 209 South Main Street Mt. Prospect, Illinois 60056 The Owner and the Contractor agree as set forth below. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • JANUARY 1974 EDITION • AIA® • ©1974 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, all Addenda issued prior to execution of this Agreement and all Modifications issued subsequent thereto. 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 All the Construction (Here insert the caption descriptive of the Work as used on other Contract Documents) Work including General Construction Work, Pool Work, Mechanical Work and Electrical Work of the Renovation of Wing Park Pool, for the City of Elgin, Illinois 60120. No bridge repair included. ARTICLE 3 TIME OF COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall be commenced immediately and be substantially xI completed within 250 calendar days (Here insert any special provisions for liquidated damages relating to failure to complete on time.) AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • JANUARY 1974 EDITION • AIAU • ©1974 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 2 , ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor for the performance of the Work, subject to additions and deductions by Change Order as provided in the Conditions of the Contract, in current funds, the Contract Sum of $818, 000.00 Eight Hundred, Eighteen Thousand and No/100 Dollars (State here the lump sum amount. unit prices,or both,as desired.) ARTICLE 5 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 Conditions of the Contract as follows: On or about the Fifteenth (15th) day of each month Ninety (90%) per cent of the proportion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and Ninety (90%) per cent 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 by the parties, up to the One (1) dayxprior to the date on which the Application for Payment is submitted, less the aggregate of previous ayments in each case; and upon Substantial Completion of the entire Work, a sum sufficient to increase the total payments to Ninety Five (95%per cent of the Contract Sum, less such retainages as the Architect shall determine for all incomplete Work and unsettled claims. (If not coveted elsewhere in the Contract Documents, here insert any provision for limiting or reducing the amount retained alter the Work reaches a certain stage of completion) Contractor 's application for progress payments must be to Architect on or about the first day of each month. Any moneys not paid when due to either party under this Contract shall bear interest at the legal rate in force at the place of the Project. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • JANUARY 1974 EDITION • AIA® • ©1974 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 3 • ARTICLE 6 FINAL PAYMENT Final payment, constitutingthe entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor Thirty (JO) days after Substantial Completion of the Work unless otherwise stipulated in the Certificate of Substantial Completion, provided the Work has then 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, Conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, Addenda and accepted Alternates,showing page or sheet numbers in all cases and dates where applicable.) Bid for Lump Sum Contract, dated 1-13-76 Addendum #1, dated 1-7-76 - two pages Specifications Job #770-74, Revised date 11-1-75 Table of Contents - 2 pages Notice to Bidders - 1 page Instructions to Bidders - 9 pages Proposal Form (Bid for Lump Sum Contract) - 8 pages Division 1 - 36 pages 2 - 16 pages 3 - 19 pages 4 - 6 pages 5 - 4 pages 6 - 8 pages 7 - 14 pages 8 - 5 pages 9 - 13 pages 10 - 5 pages 13 - 22 pages 15 - 31 pages 16 - 58 pages 17 - 20 pages Drawings - Revised dated 11-1-75 Sheets 1, L-1 thru L-6, 2 thru 7, MP1 thru MP6, El thru E5, Cl and C2 This Agreement executed the day and year first written above. City of Elgin Miller Davis Company 150 DexternCourt 4300 North Avenue err NER Elgin, IlliCONTRACTOR ois 60120 Stone Park, Illinois 60165 _ Title :4 wa- �1Title Titl� -Title Title AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • JANUARY 1974 EDITION • AIA® • ©1974 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 4 y� McFadzean and Ever1y, Limited 1 P n r k a n d Recreation. P 1 n n n i n g 7 1 6 E 1 : Mc209 EAN South Main Street LTD. t 3c n , I 1 1 i n o i s 6 0 0 9 3 209 South Main Street Mt. Prospect, Illinois 60056 Cnb1e A (312) 253-2755 a " HI llcrest 6- 3720 January 26, 1976 Mr. Leo I . Nelson City of Elgin 150 Dexter Court Elgin, Illinois Re: Wing Park Pool Renovation #770-74 Dear Mr. Nelson: Enclosed is Miller-Davis Company 's Performance Bond and Labor and Material Payment Bond for your use and review. We take no exception to the bonds as submitted. The Bonding Company, United States Fidelity and Guaranty Company has an A+ AAAAA rating, per Best • Key Rating Guide. Vere my ours, 'ober , C. reenlees McFad'ean and Everly, Limited RCG:gs enc. e* MILLER - DAVIS COMPANY _.. aw,a..". _✓i.F,-'.rat2 ice .-.13^4f .:. ::'ai"Fa.^_A ,ank'k'!.-,. .+e.`.Yaw"_'Yam l.",::.w,..Wit?MGie«..: `u.9•. h,ce'--:.- a.a.i`m.#_1:in..%.::t #f.nc'.` .kGi.VAJ N i° ".. _ $ S...p. ,..,. BUILDERS KALAMAZOO, MICHIGAN °114 CHICAGO, ILLINOIS MICHIGAN CITY, INDIANA Skill •-• -• . S Integrity ILLINOIS DIVISION OFFICE: •'•` 4300 NORTH AVENUE Responsibility MELROSE PARK, ILLINOIS 60165 AREA CODE 312 January y19�A� PHONE 626-0957 CHICAGO 6 PHONE 345-2660 SUBURBAN Mc/Warn and Ewerly, Limited 209 South Main Street Mt. Prospect, Illinois 60056 Attention. Robert C. Greenlee. Re: Renovation of Wing Park Pool Elgin, Illinois Job 3beabrr C-1308 DGentleman: Enclosed are our Performance and Labor and Material bonds for the referenced '- project. We trust you viii find the enclosed in order and our bid deposit can be returned. Very truly yours, MILLER-DAVIS COMPANY (7,1) Peter Verdico Chief Estimator PV:alr Inc 1. CC: City of Elgin 150 Dexter Court Elgin, Illinois 60120 Attention: W. Leo Wilson r/aacl. Y • THE AMERICAN INSTITUTE OF ARCHITECTS 044 AM Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor) MILLER-DAVIS COMPANY 4300 North Avenue, Melrose Park, Illinois 60165 as Principal, hereinafter called Contractor, and, (Here insert full name and address or legal title of Surety) UNITED STATES FIDELITY AND GUARANTY COMPANY as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) CITY OF ELGIN ELGIN, ILLINOIS as Obligee, hereinafter called Owner, in the amount of EIGHT HUNDRED EIGHTEEN THOUSAND AND NO/100 Dollars (S 818,000.00 )+ for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated Jan. 15, 19 76, entered into a contract with Owner for renovation of Wing Park Pool , Elgin, Illinois in accordance with Drawings and Specifications prepared by McFadzean & Everly, Ltd. (Here insert full name and address or legal title of Architect) 716 Elm 'Street Winnetka, Illinois 60093 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE., N.W.,WASHINGTON,D.C.20006 1 • NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or defaults under the contract or contracts of completion extension of time made by the Owner. arranged under this paragraph) sufficient funds to pay the Whenever Contractor shall be, and declared by Owner cost of completion less the balance of the contract price; but not exceeding, including other costs and damages to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety setfot whichhinthe Surety first may be liablehereof. Th term, the bamount may promptly remedy the default, or shall promptly forth the first paragraph The "balance of the contract price," as used in this paragraph, shall 1) Complete the Contract in accordance with its terms mean the total amount payable by Owner to Contractor and conditions, or under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. 2) Obtain a bid or bids for completing the Contract in Any suit under this bond must be instituted before accordance with its terms and conditions, and upon de the expiration of two (2) years from the date on which termination by Surety of the lowest responsible bidder, final payment under the Contract falls due. or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible No right of action shall accrue on this bond to or for bidder, arrange for a contract between such bidder and the use of any person or corporation other than the Owner, and make available as Work progresses (even Owner named herein or the heirs, executors, adminis- though there should be a default or a succession of trators or successors of the Owner. Signed and sealed this 16th day of January 19 76 MILLER-DAVIS COMPANY (Principal) (Seal) (Witness) i Pres fb'giqt UNITED STATES FIDELITY AND GUARANTY COMPANY /tel /7 ( irety) (Seal) (Witness) / `! 'Sue Kuby, ttor htlfact AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 2 • THE AMERICAN INSTITUTE OF ARCHITECTS .....n AIA Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that MILLER-DAVIS COMPANY (Here insert full name and address or legal title of Contractor) 4300 North Avenue Melrose Park, Illinois 60165 as Principal, hereinafter called Principal, and, (Here insert full name and address or legal title of Surety) UNITED STATES FIDELITY AND GUARANTY COMPANY as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF ELGIN (Here insert full name and address or legal title of Owner) ELGIN, ILLINOIS as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of EIGHT HUNDRED EIGHTEEN THOUSAND AND NO/100--- (Here insert a sum equal to at least one-half of the contract price) Dollars ($ 818,000.00 ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated Jan. 15, 19 76, entered into a contract with Owner for renovation of Wing Park Pool , Elgin, Illinois. in accordance with Drawings and Specifications prepared by McFadzean & Everly, Ltd. (Here insert full name and address or legal title of Architect) 716 Elm Street Winnetka, Illinois 60093 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON, D. C.20006 3 • NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS such that, if Principal shall promptly make payment to all claimants as hereinafter defined,for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect,subject,however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- accuracy the amount claimed and the name of the party tract with the Principal or with a Subcontractor of the to whom the materials were furnished, or for whom Principal for labor, material, or both, used or reasonably the work or labor was done or performed. Such notice required for use in the performance of the Contract, shall be served by mailing the same by registered mail labor and material being construed to include that part of or certified mail, postage prepaid, in an envelope ad- water, gas, power, light, heat, oil, gasoline, telephone dressed to the Principal, Owner or Surety, at any place service or rental of equipment directly applicable to the where an office is regularly maintained for the trans- Contract. action of business, or served in any manner in which legal process may be served in the state in which the 2. The above named Principal and Surety hereby aforesaid project is located, save that such service need jointly and severally agree with the Owner that every not be made by a public officer. claimant as herein defined, who has not been paid in b) After the expiration of one (1) year following the full before the expiration of a period of ninety (90) date on which Principal ceased Work on said Contract, days after the date on which the last of such claimant's it being understood, however, that if any limitation em- work or labor was done or performed, or materials were bodied in this bond is prohibited by any law controlling furnished by such claimant, may sue on this bond for the construction hereof such limitation shall be deemed the use of such claimant, prosecute the suit to final to be amended so as to be equal to the minimum period judgment for such sum or sums as may be justly due of limitation permitted by such law. claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses c) Other than in a state court of competent jurisdiction of any such suit. in and for the county or other political subdivision of the state in which the Project, or any part thereof, is 3. No suit or action shall be commenced hereunder situated, or in the United States District Court for the by any claimant: district in which the Project, or any part thereof, is sit- uated, and not elsewhere. a) Unless claimant, other than one having a direct contract with the Principal, shall have given written 4. The amount of this bond shall be reduced by and notice to any two of the following: the Principal, the to the extent of any payment or payments made in good Owner, or the Surety above named, within ninety (90) faith hereunder, inclusive of the payment by Surety of days after such claimant did or performed the last of mechanics' liens which may be filed of record against the work or labor, or furnished the last of the materials said improvement, whether or not claim for the amount for which said claim is made, stating with substantial of such lien be presented under and against this bond. Signed and sealed this 16th day of January 19 76 MILLER-DAVIS COMPANY `�„-Ch-/-71 41, (Principal) (Seal) (��,�%/ (�(J) (Witness) C 4L-4)-J-'-'‘ a • ,11.,4..E-1- Presiaeltit UNITED STATES FIDELITY AND GUARANTY COMPANY e" /, urety) (Seal} /.:/ A-4'i/.44',---C'e--- 21--<G ,4G, -/ . (Witness) /' Sue Kuby, A for i itiact AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE.OF ARCHITECTS,1735 N.Y.AVE., N.W.,WASHINGTON,D. C.20006 4 ATTORNEY-IN-FACT AFFIDAVIT STATE OR COMMONWEALTH OF_ Illinois_ • ss: COUNTY OR CITY OF_ Cook Before me, a Notary Public, personally came_____ known to me, and known to be the Attorney-in-Fact of United States Fidelity and Guaranty Company, a Maryland Corporation, which executed the attached bond as surety, who deposed and said that his signa- ture and the corporate seal of said United States Fidelity and Guaranty Company were affixed by order and authority of said Company's Board of Directors, and that the execution of the attached bond is the free act and deed of United States Fidelity and Guaranty Company. Given under my hand and seal this__ 1 6th day of__ Janu.p.ry ____ 192 . c4),55 _ Notary Public. My Commission expires Jud.876 (9-57) ,;;F:. • • , CERTIFIED COPY GENERAL POWER OF ATTORNEY No. 86195 Know 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 James Scheer, Leslie Dessain, James K. Coville, Mary B. Wulfers and Sue Kuby of the City of LaGrange , State of Illinois its true and lawful attorney S in and for the State of Illinois 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 AVM! anyone of the said James Scheer and the said Leslie Dessain and the said James K. Coville and the said Mary B. Wulfers and the said Sue Kuby 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 12th day of September , A. D. 19 75 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) By, .. Charles W. Boone Vice-President (SEAL) (Signed) William J. Phelan Assistant Secretary. STATE OF MARYLAND, } BALTIMORE CITY, as: On this 12th day of September , A. D. 1975, before me personally came Charles W. Boone ,Vice-President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and William J. Phelan ,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 Charles W. Boone and William J. Phelan 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-President and Assistant Secretary, respectively, of the Company. My commission expires the first day in July,A.D. 19..7.8.... (SEAL) (Signed) herbert J. Aull Notary Public. STATE OF MARYLAND BALTIMORE CITY, 1} Sct. Robert H. Bouse , Clerk of the Superior Court of Baltimore City, which Court is a Court of Record, and has a seal, do hereby certify that Herbert J. Aull , Esquire, 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 Court of Baltimore City, the same being a Court of Record,this 12th day of September , A. D. 1975 (SEAL) (Signed) Robert H. Bouse Clerk of the Superior Court of Baltimore City. FS 3 (9471 COPY OF RESOLUTION That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces of the Dominion of Canada and in the Colony of Newfoundland. Therefore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice- Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys-in-fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all con- tracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed, and Also, in its name and as its attorney or attorneys-in-fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the Dominion of Canada or of the Colony of Newfoundland, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. I, Charles 0. Mullennix , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to James Scheer, Leslie Dessain, James K. Coville, Mary B. Wulfers and Sue Kuby of LaGrange, Illinois , authorizing and empowering them to sign bonds as therein set forth,which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 11th day of July, 1910, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution,and the whole thereof as recorded in the minutes of said meeting. In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on January 16,y 1976 (Date) e44.109r t Assistant Secretary.