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Home My WebLink AboutPERFORMANCE BOND AND INSURANCE DOCUMENTS 94/16/2008 15:38 6129492168 LAFRENZ JODEEN DALE PAGE 02 _ 4 Bond No. 771036P PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS, that STRATAPOINT, INC., a Minnesota corporation with its principal offices at 14802 Delmar Court,Rosemount,MN 55068("Principal"), and DEVELOPERS SURETY AND INDEMNITY COMPANY, an Iowa corporation with a mailing address of P.O.Box 19725, Irvine,CA 92623-9725 ("Surety"), are held and firmly bound unto CITY OF WATERLOO, with its contact at Todd Derifield, City of Waterloo, 1101 Campbell Avenue, Waterloo, IA 50701 ("Obligee"), in the aggregate amount of FIFTY THOUSAND ONE HUNDRED FIFTY AND NO CENTS ($50,150.00), the payment of which we jointly and severally bind ourselves, our representatives,and successors firmly by these presents. RECITALS WHEREAS,Principal has entered into a Contract with Obligee, signed by the parties on February 11,2008,and relating to a"Waterloo Tree Inventory Project"(the"Contract"); WHEREAS, the Con raet binds Principal to inventory approximately 32,000 trees and make the related data available to Obligee in the format specified in the Contract and Principal's bid; AND WHEREAS, pursuant to the terms of the Contract,Obligee has required a Performance Bond to secure Principal's obligations under the Contract; 6 I PART Ai PRINCIPAL'S PERFORMANCE OBLIGATIONS NOW,THEREFORE, if Principal shall(a)Faithfully inventory the trees at the locations specified in the Contract,(b)Make the related data available to Obligee in the format specified in the Contract and Principal's bid,(c)Faithfully provide the on-site training necessary for Obligee's employees to access and manage said data via the isternet, and (d) Fully hold and save Obligee harmless from all costs of enforcement of this bond, if fiction is brought hereon(including reasonable attorney's fees, in any case in which such action is successfully maintained), then this obligation shall be null and void; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT. r � Pape 1 of 3 04/16/2008 15:38 6129492168 LAFRENZ JODEEN DALE H- P%RT PAGE 03 B: OTHER TERMS&CONDITIONS BY ITS ACCEPTANCE OF AND RELIANCE UPON THIS BOND, Obligee understands and agrees to the following terms 4.nd conditions: a. This bond and Surety's liability hereunder covers Principal's obligations as described in Part A (above)only, and this bond shall be deemed exonerated when Obligee has been provided access to the data via the Internet and Obligee's employees have been properly trained in accordance with the Contract. Surety undertakes no liability hereunder for any subsequent obligations of Principal under the Contract or any other agreement relating to the"software as a service"aspect of Principal's service$/product. b. In the event of a default relating to the Principal's bonded obligations during the term of this bond, the Surety shall be liable to the Obligee only for the actual and reasonable costs incurred by the Obligee as result of default, and in no event shall the Surety's liability on this bond exceed the penal sum stated above. SIGNED AND SEALED TITS 9th DAY OF APRIL,2008. STRA OINT,INC., RINCIPAL By Dale E. LaFrenz Its President DEVELQPERS SURETY AND INDEMMTUQMPA ' By onald Lee Kaihoi Its Attorney-In-Fact Goldleaf Financial,Ltd. 3246 East Highway 7, Suite 150 ..,.: . Montevideo,MN 56265 (320)269-3144 Page 2 of 3 -.. — 04/16/2008 15:38 6129492168 LAFRENZ JODEEN DALE PAGE 04 ---_•—..7,- r, CORPORATE ACKNOWLEDGMENT FOR PRINCIPAL 'STATE OF MINNESOTA ) ,�i )ss. 'COUNTY OF 'i1twMti11 ) I On this . li Iik of.April, 2008, Dale E. LaFrenz appeared before me and, being duly ,sworn,did state that he is the sident of STRATAPO ,NT.INC., the Minnesota corporation named as Principal in the foregoing ins ent; and he did further state that there is no seal for this corporation,that his signature on this instrument is dulyauthorized authorzed by action of the corporation's board of directors, and that his signature on this inst ment represents the free act and deed of the corporation,with the full intent and understanding that the co ration is bound thereby. I ..., CHRISTOPHER MICHAEL ''3as, Notaryá) 'i ic p.ct seal above ACKNOWLEDGMENT OF ATTORNEY-IN-FACT 1 STATE OF MINNESOTA ) )ss. COUNTY OF CHIPPEWA I ) 1 On this 9th day of Aril, 2008, Ronald Lee Kaihoi, to me personally known, did appear before me and, being duly swom, id state that he is duly and currently appointed as attorney-in-fact for DEVELOPERS SURETY INDEMNITY COMPANY,the Iowa corporation named as Surety in the foregoing instrument; an he did further state that the seal affixed next to his signature is the true and correct seal of said corporatio ,that his signature on this instrument and use of the corporate seal are duly authorized by action of said corporation's board of directors, and that his signature on this instrument represents the free act and deed of said corporation, with the full intent and understanding that said corporation is bound thereby.I latak, --P,A, fOrli R�9ECCA 9.RISA f ` Notary Public ''' ,,' NOTARY PUguC MINNESOTA (affix ", . ., •Commission .;n;: : £zp Jan,31,2010 Page 3 of 3 04/16/2008 15:38 6129492168 LAFRENZ JODEEN DALE PAGE 05 Bond No. 7710360 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL MEN EY THESE PRESENTS,that as except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY,do each,hereby make,constitute and appoint ***Rita ibrgenson, Brenda Rise, GeOffrey Hathaway, Jack L. Anderson, Amy Nordaune, Ronae M. Rose, Ronald Lee Kaihoi, jointly or severalliy*** as their sue and Lawful 9 and 9D 9 Ito dAttorney(s)-�aot,to make, ,deliver and acknowledge,for and on behalf of said cc porebons,as sureties,bonds,undecta I gs and cal of Surety- shipsthid�mads do,but reserving full and authority to re do era to pe form every act necessary, fit a or proper to be done In oorw ec lion therewith as each of to each of said ' fii power of substitution and revocation,and al of the acts of said Atiorney(s)in Fact,pursuant to these presents, are hereby ratified and contained. This Porter of Attorney is granted and is stoned by facsimile�sMer and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND IN08A�IITY COMPANY,elfea9ve as of January 1st,T p6 RESOLVED,that the chairman of the Board, President and any Vice President of the corporation be,and that each of them hereby Is,authorized to execute Powers of thi Attorney,quieting the attomey(s)named in the Powers of to execute,on behalf of the corporations,bonds,undertakings and contracts of suretystallr'and that Me Secretary or stator,Assistant Sey of the corporations be,and each of hereby is,aorized to attest the execution of any such Power of Attorney: RESOLVED,FURTHER,that the signatures ofbaptizedoffcers may be affixed to any such Power of Attorney or to any certificate rotating thereto by facsimile,and any,such Power of Attorney or certificate bearing such fecain'Me sig stall be valid and bindi or contact of suretyship to which It ks attached. "g uponthecorporations when so affixed and in the future with respect to any bond,undertaking IN Wr<NESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY have severalty caused these their respa ve Assistant Secretary this January 1st,2003. presents to be signedby respective Vice President and attested by ...t7___/:;—: I By; AND aiN Steplien T.Pate,Senior Vice PreNdent 4t� f a r . Br� �. Charts L.Day,Assistant Secretary I $ its. ' State of CEtlifomia * County of Orange On January 1st,2008 before me,___. ChristovherJ,Roa h,Notary Public Date i Here insect Name and Title of the Officer pe+ c appearedj Stephen T.Pate and Charles L.Day Name(s)of Signer(e) 1 who proved to me on the basis of satisfactory evidence to be the person(s)whoa name(s)is/ere subscribed to the within instrument and acknowledged to me that hashellhey exearted the same r hlrJner/thetr authorized • OfFIVOCONERA-. capaclty(ies),and that by Mister/their signatures}on the Instrument the person(s),cr the entity upon behalf of * « which pre petson(s)acted,executed the I saument. triOnel) [ ?. ' e _ ` ' �R#RIA�Is I certify under PENALTY OF PERJURY under the laws of the State of Cafifvmia Graf 're foregoing paragraph le cue and correct. • WITNESS my hand seal, Place Notary Seal Above Signature C J,Roach CERTIFICATE The undersigned,as Assistzrit Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY,does hereby certify that the foregoing Power or Attorney remains In hull force and has net beep revoked,and Itztherore,that the provisions of the resdutlortg of ttle`i llettlterds of Directors of said corporations set forth in the Power of Attorney,are in force as cite date of this Certificate. This Certificate Is executed in the City of Irvine1 Caltomla,the . 6/0/4.11P0e,"#""-#-dACjefc'"P'f7..: ' AlbertFERbrand,Assistantj - _ ID-1438(Wee(Rev10/11) • - _ 1S _Apr 16 20013 11:02:23 -> 319 291 4571 The Hartford Fax Page HH3 ACORD ,„e CERTIFICATE OF LIABILITY INSURANCE sue'" D°TE u022 04-16-2008 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION INDUSTRIAL INSURANCE AGCY, INC/PHS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLCERTIFICATE DOES NT AMEN , EXTEND OR 552379 P: (866) 467-8730 F: (877) 538-8295 ALTDRRTHEH COVERAGE AFFORDED BYO THE POLICIESBELOW. PO BOX 29611 CHARLOTTE NC 28229 INSURERS AFFORDING COVERAGE INSURED INSURER A:Hartford Casualty Ins Co INSURER B: Hartford Fire Ins Co STRATAPO INT, INC. INSURER C: 14802 DELMAR CT INSURER D: ROSEMOUNT MN 55068 INSURERE: COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLTR TYPE OF INSURANCE POLICY NUMBER PATE IMFM/DD/Y OgLTE(MM�TK LIMITS GENERAL LIABILITY EACH OCCURRENCE 21, 000 , 000 A COMMERCIAL GENERAL LIABILITY 83 SBA IK7118 04/03/08 04/03/09 FIRE DAMAGE(Any one Me) 8300, 000 CLAIMS MADE X OCCUR MED EXP(Any one person) 810, 000 X General Liab PERSONAL&ADV INJURY 81, 0 0 0, 0 0 0 GENERAL AGGREGATE 22, 000 , 000 GENII AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO 82 , 000 , 000 POLICY 7 JEC ITC LOC AUTOMOBILE LIABILITY COMA ANY AUTO 83 SBA IK7118 04/03/08 04/03/09 Eaapoiderro D SINGLE LIMIT al, 000 , 000 ALL OWNED AUTOS BODILY INJURY 8 SCHEDULED AUTOS (Per person) X HIRED AUTOS X BODILY INJURY 8 NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE a (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT 8 ANY AUTO OTHER THAN EA ACC 8 AUTO ONLY; AGG a EXCESS LIABILITY EACH OCCURRENCE a , 0 0 0, 0 0 0 A X OCCUR I CLAIMS MADE 83 SBA IK7118 04/03/08 04/03/09 AGGREGATE 85, 000 , 000 8 DEDUCTIBLE X RETENTION a10 , 000 a WORKERS COMPENSATION AND TWO SLIMIT OTH- a B EMPLOYERS'LIABILITY X TORY LIMIT9 ER 83 WEC IJ4205 04/03/08 04/03/09 E,L,EACHACCIDENT 81, 000, 000 E.L.DISEASE-EA EMPLOYEE 81, 0 0 0 , 0 0 0 E.L.DISEASE-POLICY LIMIT 81, 000, 000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEH(CLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Those usual to the Insured' s Operations . City of Waterloo is an Additional Insured per the Business Liability Coverage Form SS0008 . CERTIFICATE HOLDER X ADDITIONAL INSURED;INSURER LITTER: A CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE(10 DAYS FOR NON-PAYMENT)TO THE CERTIFICATE City of Waterloo HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO 715 Mulberry St. OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Waterloo, IA 50703 AUTHORRED REPRESENTATIVE J-I.4"— L.}., . -— ACORD 25-S (7/971 O ACORD CORPORATION 1988 Apr 16 2HH8 11:02:15 —> 319 291 4571 The Hartford Fax Page HH1 �[!4 1T�H�� E F t'r';"of p The Hartford FAX COVER PAGE To: Fax Number: 3192914571 Company: From: Saida A Malik Date: 04/16/08 11:01:40 AM Subject: Total Pages: 3 including cover page PRIVILEGED AND CONFIDENTIAL:This electronic communication,including attachments,is for the exclusive use of addressee and may contain proprietary,confidential and/or privileged information. If you are not the intended recipient,any use,copying,disclosure, dissemination or distribution is strictly prohibited. If you are not the intended recipient,please notify sender immediately by phone,destroy this communication and all copies. Memo: Customer Care Charlotte Select Customer Sales & Service Center >P.O. Box 29611, Charlotte, NC 28229 >Phone: (866) 467-8730 >Fax: (877) 538-8526 E-mail: agency.service@thehartford.com We care about meeting your service expectations. ( Apr 16 2888 11:02:20 -> 319 291 4571 The Hartford Fax Page HH2 INDUSTRIAL INSURANCE AGCY,INC/PHS PO BOX 29811 CHARLOTTE NC, 28229 City of Waterloo 715 Mulberry St. Waterloo, IA 50703 ACORD 25•S (7/97) ACORDTM CERTIFICATE OF LIABILITY INSURANCE CDR DATE PRODUCER U022 04-03-2008 _ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION R J AHMANN COMPANY/PHS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CERTIFICATE DOES715373 P: (866) 467-8730 F: (877) 538-5295 ALLTEDRER.THEH COVERAGE A FORDEDBYYT THEPOLLII, EXTEND OR CIESBE BELOW. PO BOX 29611 CHARLOTTE NC 28229 INSURERS AFFORDING COVERAGE INSURED - - INSURERA:HartfOrd Casualty Ins Co INSURER B:Hartford Fire Ins Co STRATAPOINT, INC. INSURER C: 14802 DELMAR CT INSURER D: ROS EMOUNT MN 55068 INSURER E: COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. /NSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY fXP/RAT/ON DATE/MM/DD/YY/ DATE(MM/DD/YY/ LIMITS GENERAL LIABILITY EACH OCCURRENCE S1, 000, A COMMERCIAL GENERAL LIABILITY 41 SBA IK6878 04/03/08 04/03/09 I F RE DAMAGE(Any one fire) $3 0 0, 0 0 0 0001 CLAIMS MADE X OCCUR 1,, MED EXP(Any one person) $1 0, 0 0 0 X General Liab PERSONAL&ADV INJURY $1, 000, OOO IGENERAL AGGREGATE $2, 0 0 0, 0 0 0 : GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2, 0 0 0, 0 0 0 POLICY PRO- JECT X LOC AUTOMOBILE LIABILITY COMNEDA ANY AUTO 41 SBA IK6878 04/03/08 04/03/09 EaaccidenSINGLELIMIT S1, 000, 000 ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY S X NON-OWNED AUTOS (Per accident) T DAMAGE S (PerPROPER accident)Y GARAGE LIABILITY - AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG S EXCESS LIABILITY EACH OCCURRENCE $5, 0 0 0, 0 0 0 A X OCCUR I CLAIMS MADE 41 SBA IK6878 04/03/08 04/03/09 AGGREGATE $5, 0 0 0, 0 0 0 S DEDUCTIBLE S X RETENTION S10, 000 WORKERS COMPENSATION AND X OR SLIMIT OTH- S B �,EMPLOYERS'LIABILITY TORY LIMITS ER 41 WEC IJ4063 04/03/08 04/03/09 E.L.EACH ACCIDENT $l, 000, 000 E.L.DISEASE-EA EMPLOYEE $1, 0 0 0, 0 0 0 - - E.L.DISEASE-POLICY LIMIT $1, 0 0 0, 0 0 0 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Those usual to the Insured' s Operations. City of Waterloo is an Additional Insured per the Business Liability Coverage Form SS0008, attached to this policy. CERTIFICATE HOLDER X ADDITIONAL INSURED;INSURER LETTER: A CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE(10 DAYS FOR NON-PAYMENT)TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO City of Waterloo 715 Mulberry St. OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Waterloo, IA 50703 AUTHORIZED REPRESENTATIVE �— ACORD 25-S(7/97► �" ®ACORD CORPORATION 1988