HomeMy WebLinkAboutPeterson Contracting Inc-4/11/2011PUBLIC IMPROVEMENT MAINTENANCE BOND
SURETY BOND NO.: 400TE9056
KNOW ALL MEN IBY THESE PRESENTS:
That Peterson Contractors, Inc. of Reinbeck, Iowa , as Principal, and the
Seaboard Surety Company
, as Surety, are held and firmly bound unto the City of Waterloo ,
STATE OF IOWA. in the penal sum of Three Hundred Ninety seven Thousand Six Hundred
Eighty-five and Forty-nine Hundredths ($397,685.49) Dollars, lawful money of the United States
of America, for thepayment of which, well and truly to be made, the Principal and Surety bind
themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
Whereas, the said Principal entered into a certain contract, dated the 21st day of April, 2005
with Winchester Farms. Inc. , to furnish all the material and labor necessary for the construction of
Audubon Park Sixth Addition in the City of Waterloo , Iowa, in conformity with certain contract
documents; and
Whereas, a further condition of said contract is that the said Principal shall furnish a bond of
indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in
said work within a period of two (2) years from the date of acceptance of the work under said
contract; and
Whereas, the said Seaboard Surety Company for a valuable consideration,
(Surety)
has agreed to join (with said Principal in such bond or guarantee, indemnifying said
City of Waterloo, Iowa .
Now, therefore, the condition of this obligation is such that if the said Principal shall, at his
own cost and expense, remedy any and all defects that may develop in said work, within the period
of two (2) years from the date of acceptance of the work under said contract, by reason of poor
workmanship or poor material used in the construction of said work, and shall keep all work in
continuous good repair during said period, and shall in all other respects, comply with all the terms
and conditions o#j said contract with respect to maintenance and repair of said work, then this
obligation to be null and void; otherwise to be and remain in full force and virtue in law.
The Contractot shall give notice to the City of Waterloo 1Iowa, 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 improvement shall continue until three (3) months after such notice has
been given to the Owner and, in any event, until two (2) years after the acceptance of the work.
In Witness whereof, we have hereunto set our hands and seals this 1 st day of
August , 2007
Accepted �, t % 20 (�
By:
City of Waterloo, Iowa
(FoldeeNottinghom HeighisliviaintenaneeBond.iim)
Peterson Co
rs, Inc.
By:
, Principal
Type or Print Name
Seaboard Surety Company
By:
Surety
Attorney -in -Fac
Dianne S. Riley, Attorney-in-fact
Type or Print Name
(ATTACH POWER OF ATTORNEY)
ir TRAVELERS
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
POWER OF ATTORNEY
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
Attorney -In Fact No. 218345
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Certificate No. 0 016 516 7 4
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that
the Companies do hereby make, constitute and appoint
Craig E. Hansen, Dianne S. Riley, Janet Alessio, Jay D. Freiermuth, Brian M. Deimerly, Clifford W. Augspurger,
Cindy Bennett, and Anne Crowner
of the City of West Des Moines , State of Iowa , their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
22nd
IN WITNE$ WHEREOF, the Companjve caused this instrument to be signed and their corporate seals to be hereto affixed, this
rebruary LW,
day of
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
State of Connecticut
City of Hartford ss.
By:
22nd February 2007
On this the day of , before me personally appeared George W. Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,
Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers
Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being
authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2011.
58440-8-06 Printed in U.S.A.
Wim/" C .
`Marie C. Tetreault, Notary Public
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fi ielity.
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company,
St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of
America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall
be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the
Company in the future with respect to any bond or understanding to which it is attached.
I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance
Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby
certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been
revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 1 st day of
August
, 20 07
Kori M. Johansokt/Assistant Secretary
To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.stpaultravelersbond.com. Please refer to the Attorney -In -Fact number,
the above-named individuals and the details of the bond to which the power is attached.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER