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HomeMy WebLinkAboutFailor Hurley Construction-1/9/2012FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF LIVINGSTON AVIATION ENTRY DOOR REPLACEMENT AT THE WATERLOO REGIONAL AIRPORT CITY OF WATERLOO, IOWA C 3CUA ,2"0— This contract made and entered into this I day of -December -99-9; by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as (City), and Failor Hurley Construction of Hudson, Iowa, (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 PAR. 2 PAR. 3 PAR. 4 PAR. 5 PAR. 6 Contractor agrees to build and construct the LIVINGSTON AVIATION ENTRY DOOR REPLACEMENT AT THE WATERLOO REGIONAL AIRPORT, and fumish all necessary tools, equipment, materials, and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. The Contractor agrees to fumish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. The Contractor agrees to provide shop drawings for the project within 30 days after receipt of "Notice to Proceed" and substantially complete all work within seven (7) calendar days upon delivery of the doors to the project site, unless an extension of time is granted in writing by the Council of the City. Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefore promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. C-1 Entry Door Replacement 60146113.10 PAR. 7 PAR. 8 PAR. 9 PAR. 10 PAR. 11 PAR. 12 PAR. 13 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or fumish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. The Contractor agrees to fumish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and is by reference made a part of this contract. C-2 Entry Door Replacement 60146113.10 PAR. 14 The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. PAR. 15 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. PAR. 16 The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices, and for which 100% surety bond is required is $ 21,190.00. PAR. 17 After the completion of said work, the Contractor agrees to remove all debris and clean up said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. PAR. 18 This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govem. PAR. 19 Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. PAR. 20 The Contractor shall maintain all work done hereunder in good order for the period of one (1) year from and after the date of substantial completion of the project. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of one (1) year from the date of substantial completion, and after having been given ten (10) days notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. C-3 Entry Door Replacement 60146113.10 PAR. 21 The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until one (1) year after the acceptance of the work. CITY ¢P/WATERLOO, IOWA Mayor City C erk Lk.0,1 Failor Hurley Construction Contractor BY: Title: �r�0�1-JAe1�9 �f. �zar_0 14/2.65 /d1,_ -:74)r-- Approved by the City Council of the City of Waterloo, Iowa, this ATTEST City Clerk Waterloo, Iowa day of 19,,ykv , 2.O12' C-4 Entry Door Replacement 60146113.10 Proposal for Livingston Aviation Entry Door Replacement Waterloo Regional airport Waterloo, lowa Honorable Mayor and City Council Waterloo, lowa Gentlemen: 1. The undersigned, having familiarized (himself) (themselves) (itself) with the existing conditions on the project area affecting the cost of the work, and with the documents included in the request for proposal, as prepared by AECOM, hereby proposes to fumish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete the Livingston Aviation Entry Door Replacement at the Waterloo Regional Airport, alt in accordance with the above -listed documents and for the lump sum price for work in place: BASE BID — Removal of two (2) existing doors at Livingston Aviation and installation of two (2) new fully operational, 3 -panel, left hand, telescoping sliding automatic entry doors at Livingston Aviation. LUMP SUM 7"`WEA;(T y -Doig � OG/.SA41 DAM. /IuA)Atee4 % N ETY 04ttl ti A")/400 z Dollars ($ .2 if 190. °1" ). (written) (figures) 2. The undersigned further agrees that if awarded the Project, he will commence the work within ten (10) calendar days after the receipt of a "Notice to Proceed" and that he will substantially complete all work according to the terms of the entire contract within 7 calendar days upon delivery of the doors to the project. An extension of time may be allowed when extra or additional work is ordered by the Engineer. 3. In submitting this bid, it is understood that the right to reject any and all bids has been reserved and that this bid may not be withdrawn for a period of thirty (30) days from the opening thereof. Respectfully submitted, /41.O4 . g(1 .CY GON,sT egcT/cwv Bidder lit. jrn Signature ,, dd /c. t /AM It, //Lot, i2S/4c A)T Title Ao. ROA' 1/y4 Address t�4SoA)1 oi#Jf! S"Ol y3 (Include Zip Code) 3/9-230-3y7s Telephone No Page 3 Livingston Aviation Entry Door Replacement Waterloo Regional Airport AECOM Project No. 60146113.10 A10 -r : SCE 777 i4E C4.44e/47/0A)s. Proposal for Livingston Aviation Entry Door Replacement Waterloo Regional Airport Waterloo, Iowa Clarifications 1. Our proposal is based on using "Record 5100 Series" automatic telescoping doors. Enclosed is a copy of the quotation from our proposed subcontractor, Rogers Automated Entrances, which further describes the scope of work included in our proposal. In addition, product information on the Record 5100 Series doors is attached, 2. If a building permit fee is not required on this project, you may deduct $335.00 from our proposal. Automated Entrances Inc„ OGER 1300 Metro East Drive, Suite 136 - Pleasant Hill, IA 50327 515-263-0000 - 800-260-8833 - FAX: 515-263-0001 THIS ESTIMATE PROVIDE© TO: Failor Hurley Construction PO Box 446 Hudson, IA 50643 Iowa Nebraska Illinois Minnesota E-mail wwfaitor(a�mchsi.com Fax 21464 Phone 319-230-347S Estimate Customer Info PROJECT NAME Livingston Aviation 10/11/2011 TERMS ESTIMATE # Net30 21464 ITEM Slide Package DESCRIPTION We propose to famish and install two (2) Record 5100 Series automatic telescoping door packages as an alternate (product substitution) to the General Bidding Instructions/Ftequirements. -with class II clear anodized aluminum; -with LH, SO -SX -SX full break-out configurations; -with packages sizes approx 72" x 96", no transoms; [transom would be 5" tall] -with 1-3/4" x 6-1/2" framing members; -with narrow stile door panels; with one (1) horizontal muntin per panel; -with 10" bottom rails, all panels; -with standard 1/2" x 7" saddle -type threshold(s); -with standard MS locking (keyed ext, thumb -turn int) -with 1" insulated glass ® ext, 1/4" @ int; -with all perimeter sealant; -with Optex i -Sensors for activation and threshold safety; -with dual safety beams for additional threshold safety; -with LCD panels for mode selection and diagnostics; with all decals, tuning and final adjustment per ANSI 156.10; -with complete detailed drawing for approval; -with a TWO YEAR full parts and labor wan-anty. This estimate EXCLUDES the following: *110 VAC to operator *Preparation of rough openings *Any floor/ wall repair *Bonds/Permits legiLO/t QTY 2 TOTAL E`� C©N Si Thanks for allowing Rogers Automated Entrances to quote this project. OUST P.O. # REP CR TOTAL Respectfully, Clint Rogers mitt (slal9wiInw) setpui ui mime sluawamsee •suoisuawlp a6e ped uet f Jam A pue la6teI apes rad (9) '% s! 6utuedp ktuose. (one) Zf4-4E4 (8.442) 14-98 (zo4Z) t7E-Z9 (44£Z) 46 (soot) W4 (£S'z) tr1£-179 Ma). Z/4 -L44 (Sttz) ti1418 Cm 1,6 b/£ -Z9 (44£Z) 46 (9'O0 On (9'L4) 1T/9-99 (9ZtrZ) 4f4-§6 (9442) tHt-£9 (Z4(Z) we-zo tRet) 46. (ova) 904 (£t'4) 146-09 (4414 Z/4-£9 (4442) W -E9 (Zo46 WE -Z9 (44£Z) 46 (8EpZ) 96 (MO t'f£ Z9 (o Let.) 3/4-4L (s4tz) W1,798 CZOtZ) t1It-Z8 (44EZ) 46 (vs t9 (it 44) bf£-6b A�lvnnt�wl ONtN3dO x QiOH93 . OIM1HQt3H 9MN3d0NOW O10HS3fH1 IM1H0131f QNJN3d0WOWO LI tvasxaru. 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N n X B a e g s Rg n 0 o a A E, $ � S 9 A � a . l y 1 1A i y� t : R A ti o d ot 4 z -t ° o a `1 Mg gg N O a 4 • O .p -c auCTATION USED IN 81D 00 CO r 1 S 2 0.2 CI N -pp am m a 1, gg v^ w. 3 I a.n a 9 2 n a a a ¢ F R ik s 5 4 9 n q � �1 I n_ �? $ t $ 3 9 a � 5 re ee V.* 3 S ! N n X B a e g s Rg n 0 o a A E, $ � S 9 A � a FAILO-1 OP ID: JT 'A��c RCERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/19/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER319-233-6103 The Sinnott Agency, Inc.Ac, 622 W 4th SL, PO Box 1918 319-234-8133 Waterloo, IA 50704 Daniel Sinnott NAME:CADan Sinnott (AICNN , Extl:319-233$103 (FAx No): 319-234-8133 E-MAIL ADDRESS: Dans@sinnottagency.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Allied/Nationwide Insurance Co 42579 INSURED FAILOR HURLEY CONSTRUCTION PO BOX 446 HUDSON, IA 50634 INSURERS : ACP7142740029 INSURER C : 06/04/12 INSURER D : $ 1,000,000 INSURER E : $ 100,000 INSURER F : ERTIFICATE NUMBER: • 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 REQUIREMENT, 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 IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSLTR TYPE TYPE OF INSURANCE MSR WVD POLICY NUMBER POLICY EFF IMM/DDmYvI POLICY EXP IMM,DDnYYYI LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X ACP7142740029 06/04/11 06/04/12 EACH OCCURRENCE $ 1,000,000 °REM SES (EaENTErtDence) $ 100,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE 7 POLICY X LIMIT APPLIES JECT PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X u siuiY ANY AUTO ALL AUTOS HIRED AUTOSAUTOS SCHEDULED AUTOS NON -OWNED ACP7142740029 06104/11 06/04/12 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAR EXCESS LUU3 X OCCUR CLAIMS -MADE ACP7142740029 06/04/11 06/04/12 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS UABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A ACP7142740029 06/04/11 06/04/12 x WC STATU- TORY LIMITS OTH- ER E.L EACH ACCIDENT $ 500,000 E.L DISEASE - EA EMPLOYEE $ 500,000 E.L DISEASE - POLICY OMIT $ 500,000 A INLAND MARINE EQUIPMENT ACP7142740029 06/04/11 06/04/12 RENTED/ 50,000 LEASED DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES Attach ACORD 101, Additional Remarks Schedul If more space is required) CITY OF WATERLOO AND WATERLOO REGIONAL AIRPORT, 2790 LIVINGSTON LN WATERLOO IA 50703 ARE INCLUDED AS ADDITIONAL INSUREDS UNDER THE GENERAL LIABILITY POLICY WHEN REQUIRED IN WRITTEN CONTRACT PER CG7323. PROJECT: LMNGSTON AVIATION ENTRY DOOR REPLACEMENT PROJECT - WATERLOO REGIONAL AIRPORT CERTIFICATE HOLDER CITYWLO CITY OF WATERLOO 715 MULBERRY ST WATERLOO, IA 50703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED FtEPREESSENTATIVE - gil 0/3-tt ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Bond No. 2153168 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Failor Hurley Construction, Inc. , of Hudson, IA (hereinafter called the principal), and North American Specialty Insurance Company of Manchester, NH (hereinafter called the Surety), are held and fainly bound unto the City of Waterloo (hereinafter called the Obligee), in the penal sum of Twenty -One Thousand One Hundred Ninety and No/100 Dollars ($21.19O.00), lawful money of the United States, to payment of which sum, well and truly to be made, the Principal here firmly binds himself/themselves, his/their heirs, executors, and administrators, and the said Surety binds himself, his successors, assigns, executors, and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, WHEREAS the above bounden Principal did, on the Q day of 3--o vtP-meter into a written contract with the City Of Waterloo, Iowa, for the constriction of LIVIN STON AVIATION ENTRY DOOR REPLACEMENT AT THE WATERLOO REGIONAL AIRPORT, a copy of which contract, together with all of its terms, covenants, conditions, and stipulations, Is incorporated herein and made a part hereof as full and completely as if said contract were recited at length herein; and • WHEREAS, the Principal and Surety on this bond hereby agree to pay to alt persons, firms or corporations having contracts directly with the Principal or with subcontractors, all just daims due them for labor performed or materials furnished in the performance of the contract on account of which bond is given when the same are not satisfied out of the portion of the contract price which the public corporation is required to retain until completion of the public improvement, but the Principal and Surety shall not be liable to said persons, firms, or corporation unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. Now, if the Principal shall in all respects fulfill his said contract according to the terms and tenor thereof, and shall satisfy all claims and demands incurred for the same, and shall fullyindemnify and save harmless the Obligee from all costs and damages which it may suffer by reason of failure to do so, and shall fully reimburse and repay the Obligee all outlays and expenses which it may incur in making good any such default, then the obligation is to be void and of no effect, otherwise to remain in full force and effect. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent without notice: 1. To any extension of time to the contract in which to perform the contract. 2. To any change in the plans, specifications, or contract when such change does not involve an increase of more than twenty percent (20%) of the total contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. PF8-1 Entry Door Replacement 60148113.10 IN WITNESS WHEREOF, we have hereunto set our hands and seals this 27 774-- . day of P,l , 2011. Failor Hurley Construction, Inc. Principal ttliOte.®A,4 • f 40e -c)/21 A5bacrAi-- North American Specialty Insurance Company Surety rney-in-Fact Dianne S. Riley? PF&2 Entry Door Replacement 60146113.10. a Bond No. 2153168 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Pallor Hurley Construction, Inc. (Name of Contractor) P.O, Box 446, Hudson. Iowa 50643 a and (Address'of Contractor) Corporation , hereinafter called Principal, (Corporation, Partnership or Individual) North American Specialty Insurance Company (Name of Surety) 650 Elm Street, Manchester, NH 03101 (Address of Surety) hereinafter called Surety, are held and firmly bound unto CITY OF WATERLOO, IOWA (Name of Owner) 715 MULBERRY STREET_, WATERLOOJOWA 50703 (Address of Owner) hereinafter called OWNER, in the penal sum of Twenty -One Thousand One Hundred Ninety and No/100 Dollars ($21.190.00) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the "fes- day of 30., 1.$► , P61,9— .--2011-; a copy of which is hereto attached and made a part hereof for the construction of: LIVINGSTION AVIATION ENTRY DOOR PREPLACEMENT AT THE WATERLOO REGIONAL AIRPORT NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain In full force and effect. PB -1 Non -Federal Entry Door Replacement 60146113.10 PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise 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. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in Five (5) counterparts, each one of. (number)- which number)which shall be deemed an original, this the 42 ?TN day of 2011. ATTEST: (SEAL) (Principal) Secretary Principal as as to P.O. Box 446 (Address) Hudson, IA 50643 ATTEST: Witness as to Surety Lacey Cramblit Holmes Murphy & Associates, Inc. (Address) P.O. Box 9207, Des Moines, IA 50306-9207 Failor Hurley Construction, Inc. BY 1,12/44- 414 P.O. Box 446 Principal , La ta--'(..igaet ) (Address) Hudson, IA 50643 North American Specialty Insurance Company Surety By Dian S. Riley Attorney -in -Fa Holmes Murphy & Associates, Inc. (Address) P.O. Box 9207, Des Moines, IA 50306-9207 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. PB -2 Non-Federat Entry Door Replacement 60146113.10 ' .110s, . NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: JAY D. FREIERMUTH, CRAIG E. HANSEN, CLIFFORD W. AUGSPURGER, DIANNE S. RILEY, BRIAN M. DEIMERLY, CINDY BENNETT, ANNE CROWNER, TIMOTHY J. McCULLOH, STEPHANIE R FINNEY, STACY LYNN VENN, and ANGELA MARIE GROSS JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWENTY-FIVE MILLION ($25,000,000.00) DOLLARS This Power of Attomey is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24th of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attomey qualifying the attomey named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." Goa.rry p. yQGF: ij'jtPOq;ir.G BY3t. SEAL Inti Steven P. Anderson, President & Chief Executive Officer of Washington International Insurance Company - Ta 1W3 4r ` H & Senior Vice President of North American Specialty Insurance Company A�Q. BY David M. layman, Senior Vice Presidenfof Washington International Insurance Company & Vice President of North American Spedalty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 30th day of September , 2008 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss: On this 30th day of September , 20 08 , before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "OFFICIAL SEM D. OMENS Minty Public, State of Minis y Comn>is ion &pins 111N6/W011 Donna D. Sklens, Notary Public I, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this day of , 20 11 . lames A. Carpenter, Vice President & Assistmd Secretary of Washington International Insolence Company & North American Specialty Insmmtce Company