HomeMy WebLinkAboutCC Resolution 10478 (Routine Tree Services)RESOLUTION NO. 10478
RESOLUTION OF AWARD OF CONTRACT
WHEREAS, on the 23' day of July, 1999, pursuant to due and legal notice
published in the manner provided by law, inviting sealed bids or proposals for the work
hereinafter mentioned, as more fully appears from the Affidavit of Publication thereof on
file in the office of the City Clerk of the City of San Rafael, California, the City Clerk of
said City did publicly open, examine and declare all sealed bids or proposals for doing
the following work in said City, to wit:
"EMERGENCY AND ROUTINE TREE SERVICES CONTRACT 1999-2000"
PROJECT NO. 042-4435-8270
in accordance with the plans and specifications therefor on file in the office of said City
Clerk; and
WHEREAS, the bid of Fahy Tree Service at the unit prices stated in its
bid was and is the lowest and best bid for said work and said bidder is the lowest
responsible bidder therefor;
NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that
the bid of Fahy Tree Service and the same is hereby accepted at said unit prices and
that the contract for said work and improvements be and the same is hereby awarded to
said Fahy Tree Service at the unit prices mentioned in said bid.
IT IS FURTHER ORDERED AND RESOLVED that the Public Works
Director is hereby authorized to extend the time for completion of the contract as set forth
herein upon showing of good cause by the Contractor.
IT IS FURTHER ORDERED AND RESOLVED that the Mayor and the City
Clerk of said City be authorized and directed to execute a contract with Fahy Tree
Service for said work and to return the bidders bond upon the execution of said contract.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify
that the foregoing resolution was duly and regularly introduced and adopted at a regular
meeting of the Council of said City on Monday, the 16`h day of August, 1999, by the
following vote, to wit:
ORIGINAL ���
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
COUNCILMEMBERS: None
COUNCILMEMBERS: None
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City of San Rafael • California
Form of Contract Agreement
for
Routine and Emergency Tree Services Contract 1999/2000
Project No. 001-4435-8270
This Agreement is made and entered into this 16th day of August, 1999 by and between
the City of San Rafael (hereinafter called City) and Fahy tree Service (hereinafter called
Contractor). Witnesseth, that the City and the Contractor, for the considerations
hereinafter named, agree as follows:
II - Scope of the Work
The Contractor hereby agrees to furnish all of the materials and all of the equipment
and labor necessary, and to perform all of the work shown on the plans and described
in the specifications for the project entitled: Routine and Emergency Tree Service
Contract 1999/2000 , all in accordance with the requirements and provisions of the
Contract Documents as defined in the General Conditions which are hereby made a part
of this Agreement.
III- Time of Completion
(a) The work to be performed under this Contract shall be commenced within five (5)
calendar days after the date of written notice by the City to the Contractor to
proceed.
(b) The work shall be completed within 365 working days after the date of such notice
and with such extensions of time as are provided for in the General Conditions.
(c) At the discretion of the City, this contract can be extended for a period not to excced
two (2) years.
III- Liquidated Damages
It is agreed that, if all the work required by the contract is not finished or completed
within the number of working days as set forth in the contract, damage will be
sustained by the City, and that it is and will be impracticable and extremely difficult to
ascertain and determine the actual damage which the City will sustain in the event of
and by reason of such delay; and it is therefore agreed that the Contractor will pay to
the City, the sum of $100 per hour for every one hour interval, and $500 for a non-
response as specified in the special provisions; and the Contractor agrees to pay said
liquidated damages herein provided for, and further agrees that the City may deduct the
amount thereof from any moneys due or that may become due the Contractor under the
contract.
IV - The Contract Sum
The City shall pay to the Contractor for the performance of the Contract the
amounts determined for the total number of each of the units of work in the
following schedule completed at the unit price stated. The number of units
contained in this schedule is approximate only, and the final payment shall be
made for the actual number of units that are incorporated in or made necessary by
the work covered by the Contract.
AGREEMENT • 1
PnDv
1 Supervisor
180
37.10
6,678.00
2 Climber/Foreman
600
36.10
21,660.00
3 Trimmer
550
34.10
18,755.00
4 Groundsperson
1050
34.10
35,805.00
5 12 yrd. Dump Truck
600
11.95
7,170.00
6 Pick-up Truck
250
5.95
1,487.50
7 14 ton Crane
64
90.00
5,760.00
8 Aerial Lift
150
14.10
2,115.00
9 Chipper
500
6.75
3,375.00
10 Stumpgrinder
200
21.00
4,200.00
Subtotal for Normal Working Hours
$107,005.50
ITEMQTY
Rate
ITEM
NO. ITEM
HRS.
Man -Hr.
TOTAL, $
I 111 111111N
1 Dispatcher
25
15.00
375.00
2 Supervisor
40
37.10
1,484.00
3 Climber/Foreman
100
36.10
3,610.00
4 Trimmer
25
34.10
852.50
5 Groundsperson
100
34.10
3,410.00
6 12 yd. Dump Truck
50
11.95
597.50
7 Pick-up Truck
50
5.95
297.50
8 14 ton Crane
25
90.00
2,250.00
9 Aerial Lift
40
14.10
564.00
10 Chipper
50
6.75
337.50
11 Stumpgrinder
5
21.00
105.00
Subtotal for Emergency "Call Out" Working Hours
$13,883.00
Grand Total (Normal + Emergency)
$120,888.50
V Progress Payments
On not later than the 6th day of every month the Public Works Department shall
prepare and submit an extimate covering the total quantities under each item of
work that have been completed from the start of the job up to and including the
25th day of the preceding month, and the value of the work so completed
determined in accordance with the schedule of unit prices for such items together
with such supporting evidence as may be required by the City and/or Contractor.
VI - Acceptance and Final Payment
(a) Upon receipt of written notice that the work is ready for final inspection and
acceptance, the Engineer shall within 5 days make such inspection.
(b) Before final payment is due the Contractor shall submit evidence satisfactory to the
Engineer that all payrolls, material bills, and other indebtedness connected with
work have been paid, except that in case of disputed indebtedness or liens the
Contractor may submit in lieu of evidence of payment a surety bond satisfactory to
the City guaranteeing payment of all such disputed amounts when adjudicated in
cases where such payment has not already been guaranteed by surety bond.
(c) The making and acceptance of the final payment shall constitute a waiver of all
claims by the City, other than those arising from any of the following: (1) unsettled
liens; (2) faulty work appearing within 12 months after final payment; (3)
requirements of the specifications; or (4) manufacturers' guarantees. It shall also
AGREEMENT • 2
constitute a waiver of all claims by the Contractor, except those previously made
and still unsettled.
(d) If after the work has been substantially completed, full completion thereof is
materially delayed through no fault of the Contractor, and the Engineer so certifies,
the City shall, upon certificate of the Engineer, and without terminating the
Contract, make payment of the balance due for that portion of the work fully
completed and accepted.
Such payment shall be made under the terms and conditions governing final payment,
except that it shall not constitute a waiver of claims.
IN WITNESS WHEREOF, City and Contractor have caused their authorized
representatives to execute this Agreement the day and year first written above.
ATTEST: CITY OF SAN FAEL:
J nne M. Leoncini Al ert B ro
City Clerk Mayor
P
#'anti
City Attorney
File No.: 01.17.02.02
CONTRACTOR:
for FAHY TREE SERVICE
P.O. BOX 4306
SAN RAFAEL, CA 94913
AGREEMENT • 3
Par West
Insurance Company
.,
PERFORMANCE BOND
PAGE ONE OF TWO PAGES
BOND NO: 407002235
PREMIUM: $3,418.00
Premium based on final contract pnee
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Will J. Fahy Dba: Fahy Tree Service
19 Ranch Road
San Rafael, CA 94903
OWNER (Name and Address):
City of San Rafael
P.O. Box 151560
San Rafael, CA 94915
SURETY (Name and Principal Place of Business):
Far West Insurance Company
425 California Street , Suite 350
San Francisco, CA 94104-2105
CONSTRUCTION CONTRACT
Premium based on final contract
amount
Date: 17th Aug .1999 Contract Number: 001-4435-8270
One hundred twenty thousand eight hundred eighty eight And 50
Amount: /100 Dollars ( $120,888.50
Description (Name and Location):
001-4435-8270
Rountine & Emergency Tree Services Contract 1999/2000
San Rafael, CA
BOND
One hundred twenty thousand eight hundred eighty eight And 50
Amount: /100 Dollars ( $120,888.50
Signed, sealed and dated this day of
SURgjV
0 . qT .
Wi' DEC.14, OiO
1995 +�
d'dzF49 As
August 14th ,1999
Will J. Fahy Dba: Fahy Tree Service
By:
Principal Name
Signature
Far West Insurance Comaanv
By�-
(✓ Signature
Wesley Hong
Attorney-in•Fact
BF -F3001 (6199) (SEE NEXT PAGE FOR TERMS AND CONDITIONS)
.)NO: 40' 002235
PAGE TWO OF 11/VU VAQ31=0
ne Contractor and the Surety, jointly and spvr. .,y, bind themselves, their heirs, executors, administrator. :cessors and assigns to the Owner for the
erformance of the Construction Contract, which is incorporated herein by reference.
2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in
conferences as provided in Subparagraph 3.1.
If there Is no Owner Default, the Surety's obligation under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the Surety at Its address described in Paragraph 10 below that the Owner is considering declaring a
Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days
after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the
Contractor shall be allowed a reasonable time to perform the Construction Contract but such an agreement shall not waive the Owner's right, if any,
subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall
not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a
contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner.
4. After the Owner has declared Contractor in default and has satisfied the conditions of Paragraph 3, and the Surety has conducted its own prompt and
reasonable investigation as to whether or not the Contractor's default has actually occurred, the Surety may at its own option elect one or more of the following
actions:
4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or
4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or
4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion the
Construction Contract, arrange for a contract to be prepared for execution by the Owner and the Contractor selected with the Owner's concurrence, to be
secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the
Owner the amount of damages as described In Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the
Contractor's default; or
4.4 Waive Its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the
circumstances:
.1 After investigation, determine the amount for which it may be liable to the Owner and as soon as practicable after the amount determined,
tender payment therefore to the Owner; or
.2 Deny liability in whole or In part and notify the Owner citing reasons therefore.
5. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, whole or in part,
without further notice the Owner shall be entitled to enforce any remedy available to the Owner.
6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or
4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the
responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond,
but subject to commitment by the Owner of the Balance of the Contract to mitigation of costs and damages on the Construction Contract, the Surety is obligated
without duplication for:
6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; and
6.2 Liquidated damages, or if no liquidated damages are specified In the Construction Contract, actual damages caused by delayed performance or
non-performance of the Contractor.
7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the
Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity
other than the Owner or its heirs, executors, administrators or successors.
8. The Surety hereby waives notice of any change, Including changes of time,to the Construction Contract or to related subcontracts, purchase orders and
other obligations.
9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction In the location in which the work or part of the work
is located and shall be instituted no later than six months after Contractor Default or no later than six months after the Contractor working or no later than six
months after the Surety refused or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited
by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.
10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page.
11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any
provision in this Bond conflicting with said statutory or other legal requirement shall be deemed incorporated herein.
12. DEFINITIONS
12.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments
have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims
for damages to which the Contractor is entitled, or reduced by all valid and proper payments made or on behalf of the Contractor under the Construction
Contract.
12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents
and changes thereto.
12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the
Construction Contract.
12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or
to perform and complete or comply with the other terms hereof.
BF -F3001 (4/99)
PAGE ONE OF TWO PAGES
rat West BOND NO: 407002235
I Insurance Company
PREMIUM: $3,418.00
PAYMENT BOND
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Will J. Fahy Dba: Fahy Tree Service
19 Ranch Road
San Rafael, CA 94903
OWNER (Name and Address):
City of San Rafael
P.O. Sox 151560
San Rafael, CA 94915
SURETY (Name and Principal Place of Business):
Far West Insurance Company
425 California Street, Suite 350
San Francisco, CA 94104-2105
CONSTRUCTION CONTRACT
Date: 17th, Aug, 1999 Contract Number: 001-4435-8270
Amount: One hundred twenty thousand eight hundred eighty eight And 50 /100
Description (Name and Location):
001-4435-8270
Rountine & Emergency Tree Services Contract 1999/2000
BOND
Amount: One hundred twenty thousand eight hundred eighty eight And /100
Signed, sealed and dated this day of
151,3
......
oqq
C,);z �
W;' DEC.14, '3'-10
2�! 1995 !�
August 24th, 1999
By:
Final Premium based on final
contract amount.
Dollars ( $120,888.50
San Rafael, CA
Dollars ( $120,889.00
Will J. Fahy Dba: Fahy Tree Service
Far West Insurance ComDanv
L
Wesley Hong
Principal Name
signature
Signature
Attorney -in -Fad
BF -F3002 (6/99) (SEE NEXT PAGE FOR TERMS AND CONDITIONS)
iD NO: 407002235
PAGE TWO OF TWO PAGES
The Contractor and the Surety, jointly and teverally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay
for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is Incorporated herein by reference.
2. With respect to the Owner, this obligation shall be null and void if the Contractor:
2.1 Promptly makes payment, directly or Indirectly, for all sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the Owner from all claims, demands, liens or suits by any person or entity whose materials or equipment were
furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address
described in Paragraph 11) of any claims, demands, liens or suits and tendered defense, claims, demands, liens or suits to the Contractor and the Surety
and provided there is no Owner Default.
3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due.
4. The Surety shall have no obligation to Claimants under this Bond until:
4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety at P.O. Box 4500, Woodland Hills,
California 91365-4500 and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial
accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract with the Contractor:
.1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor
or last furnished materials or equipment included in the claims stating, with substantial accuracy, the amount claim and the name of the party to
whom the materials were furnished or supplied or for whom the labor was done or performed; and
.2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any
communication from the Contractor by which the Contractor has Indicated the claim will be paid directly or indirectly; and
.3 Not having been paid within the above 30 days, have sent a written notice to the Surety at P.O. Box 4500, Woodland Hills, California 91 36 5-4 500
and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written
notice furnished to the Contractor.
5. If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance.
6. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by
the Surety.
7. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy
clams, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the
Contractor in the performance of the Construction Contract are dedicated to satisfy obligations the Contractor and the Surety under this Bond, subject to the
Owner's priority to use the funds for the completion of the work.
8. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner
shall not be liable to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond.
9. The Surety hereby waives notice of any change, Including changes of time, to the Construction Contract or to related subcontracts, purchase orders and
other obligations.
10. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of
the work is located or after the expiration of six months from the date (1) on which the claimant gave the notice required by Paragraph 4.1 or Clause 4.2.3 or (2) on
which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever
of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
11. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address specified or shown on the signature page. Actual receipt of notice
by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page.
12. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any
provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other
legal requirement shall be deemed incorporated herein.
13. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy this Bond or shall
permit a copy to be made.
14. DEFINITIONS '
14.1 Claimant: An Individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or
equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or
equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural
and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a
mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished.
14.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents
and changes thereto.
14.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or
to perform and complete or comply with the other terms thereof.
BF -F3002 (4199)
Far West
Insurance Company
State of CALIFORNIA
County of SAN FRANCISCO
On t3-24-99 before me,
Notary Public, personally appeared
NOTARY ACKNOWLEDGMENT
SUSANNA R.P. TRDONG (here insert name)
WESLEY HONG
personally known to me (or proven to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
�Whly
SUSANNI4 K. P.Signature % (Seal) C. NOTARY FUE1i.IC-CALIFORNIA -`�``���'�� SAPJ FRr1NCiSCO COUIv'I'Y
Comm. Exh:res Nuv. 12, 1999 y
CAPACITY CLAIMED BY SIGNER SIGNER REPRESENTING
❑ INDIVIDUALS []PARTNERS ❑ GUARDIAWCONSERVATOR NAME OF PERSON(S) ENTITIES
CORPORATE OFFICERS ® ATTORNEY-IN-FACT OTHER
TRUSTEE(S)
ATTENTION NOTARY: Although the information requested below Is optional, it could prevent fraudulent attachment of this certificate.
THIS CERTIFICATE MUST BE
ATTACHED TO THE
DOCUMENT DESCRIBED
HEREIN:
BM -F1004 (3/96)
Document Title or Type:
Number of Page-
Signer(s) other than named above:
Document Date:
LIMIr"ED POWER OF AT 7ORNEY
Amwest Suretv Insurance Companv
Far West Insurance Company
POWER NUMBER 0001030180
Ibis ducunhent is printed on white paper containing the artificial watermarked Ingo ( J' ) of Amwest Surety Insurance Company on the front and brown security paper
on the flack. Only unaltered originals of the Limited Power of Attorney ("POA") are valid. This POA may not be used in conjunction with any other POA. No
representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of* the State of Nebraska and is only valid until the
expiration date. Amwest Surety Insurance Company and Far West Insurance Company (collectively the "Company") shall not be liable on any limited POA which is
fraudulently produced, forged or otherwise distributed without the permission of the Company. Any party concemed about the validity of this POA or an accompanying
Company bund should call your local Amwest branch office at (415) 362-1188
KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a Nebraska corporation and Far West Insurance Company, a Nebraska corporation
(collectively the "Company"), do hereby make, constitute and appoint:
,Sohn J. Daley
Joyce A. Tahira
Lillian G. White
Wesley Flung
Carolyne S. Emery
Martha K. Weissbaum
As Employees of Amwest Surety Insurance Co
its true and lawful Attorney-in-fact, with limited power and authority for and on behalf of the Company as surety to execute, deliver and affix the seal of the company thereto
if• a seal is required on bonds, undertakings, recognizances, reinsurance agreement for a Miller Act or other performance bond or other written obligations in the nature thereof
as follows:
.all Bonds up to $25,000,000.00
and to bind the company thereby. This appointment is made under and by authority of the By -Laws of the Company, which are now in full force and effect.
I, the undersigned secretary of Amwest Surety Insurance Company, a Nebraska corporation and Far West Insurance Company, a Nebraska corporation, DO HEREBY
t E10IFY that this Power ol'Attomcy remains in full force and effect and has not been revoked and furthermore, that the resolutions ofthe Board of Directors of both Amwest
Surety Insurance Company and Far West Insurance Company set forth on this Power of Attorney, and that the relevant provisions of the By -Laws of each company, are now
in lull force and clTecl.
Bund No. 407002235 Signed & sealed this 24th day ofAuiaust 1999
/ Karen (i. Cohen, Secretary
r r r r r r r r r r r r r r r r r RESOLUTIONS OF THE BOARD OF DIRECTORS r r r*••• r r r r r r r r r r r r r r r t r i r r
This POA is signed and scaled by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company
at a meeting duly held on December 15, 1975 and Far West Insurance Company at a meeting duly held on July 28, 1983:
RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys -in -fact or agents with
authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the
Company to bonds, undertakings, rceognizances, and suretyship obligations of all kinds; and said officers may remove any such auumey-in-lact or agent and revoke any POA
previously granted to such person.
RESOLV(:D FURTHER, that any bund, undertaking, recognizance, or suretyship obligation shall be valid and bind upon the Company:
(i) when signed by the President or any Vice President and attested and scaled (ifa seal be required) by any Secretary or Assistant Secretary; or
(ii) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly
authorized attomey-in-fact or agent; or
(iii) when duly executed and scaled (if a seal be required) by one or more altomeys-in-fact or agents pursuant to and within the limits of the authority
evidenced by the power ofattomcy issued by the Company to such person or persons.
RE{SOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or cenification thereof
aullim iAng the execution and delivery ol'any hand, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and scut when so used shall
Iwh a the sunhc force and elicet as though manually affixed.
IN WITNESS WIII?RI:OF, Amwest Surety Insurance Company and Far West Insurance Company have caused these present to be signed by its proper of tcers, and its
coipui;ne seals to be hereunto affixed this 25" day epo mb r, 19h
John E. Savage, President Karen G. Cohen, Secretary
State ot'Catitbmia
('aunty (it Los Angeles
On September 25, 1199 belbre me, Peggy B. Lotion Notary Public, personally appeared John L. Savage and Karen G. Cohen, personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the
sanhc in his/her/their authorized capacity(ics), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WIITILSS my a d rod oflicml seal. PEGGVB.WRON
y 1NSt�y'..,• su'RA,.. C tilQbfA6i
N� pPOq �' ' Signaune (Seal)qw,
NakuyPuM—COIIbfflkl
Q COI Z) 9J /t Cf)� CO 1 <� `t �y�? rc'xe> a w wy ruouc Its ArVOw Cour"
in = DEC 14, [7 i n = to ; ? DEC 14, fl O 1 Comm. IrM AQ 6.19"
F� 1995 O; 3. Z 1995
'••h'b *tit?,,, ., y * • �,�,�
5230 Las Virgenes Road Calabasas, CA 91302 TEL 818 871-2000 I
STATE P.O. BOX 807, SAN FRANCISCO,CA 94101-0807
COMPENSATION
INSURANCE
F U N D CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
POLICY NUMBER: 529-99 UNIT 0000133
ISSUE DATE: 07-01-99 CERTIFICATE EXPIRES: 07-01-00
CITY OF SAN RAFAEL
BLDG INSPECTION DEPT
P 0 BOX 151560
SAN RAFAEL CA 94915
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days' advance written notice to the employer.
We will also give You 30 days' advance notice should this policy be cancelled prior to its normal expiration.
This certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded
by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document
with respect to which this certificate of insurance 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.
2K
PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000.00 PER OCCURRENCE.
ENDORSEMENT #2085 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07/01/99 IS ATTACHED TO AND
FORMS A PART OF THIS POLICY.
EMPLOYER
FAHY TREE SERVICE
19 RANCH RD
SAN RAFAEL CA 94903
LEGAL NAME
FAHY, WILLIAM J AND/OR
FAHY CRANE SERVICE INC (A CORP)
PRINTED: 08-17-99 P0410
NC
r8/25/199
..
...:...... .
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
MAROUE & FOX INSURANCE SERVICES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
50 "A" MITCHELL BLVD. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
SAN RAFAEL, CA 94903 COMPANIES AFFORDING COVERAGE
(415) 479-1007 I COMPANY GOLDEN EAGLE INSURANCE CORP
INSURED I COMPANY
FAHY TREE SERVICE B 'A LIBERTY MUTUAL COMPANY'
FAHY CRANE, INC. I COMPANY
P.O. BOX #4306 C
SAN RAFAEL, 94913 I COMPANY
I D
coywa .
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 AMY 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 B Y 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.
CO TYPE OF INSURANCE POLICY EFFECTIVE I POLICY EXPIRATION
LTR POLICY NUMBER DATE (MM/DD/YY) I DATE (MM/DD/YY) LIMITS
GENERAL LIABILITY GENERAL AGGREGATEIS1,
$ 2 , 0 0 0 , 000
A X COMMERCIAL GENERAL LIA81UTY PRODUCTS - COMPK)P AGG , 000, 000
CLAIMS MADE
111.1 OCCUR #CCP 519476-01 10107198 10107199 `PERSONAL & ADV INJURY I S 1, 000, 000
OWNER'S 6 CONTRACTOR'S PROT I EACH OCCURRENCE 1$1, 000, 000
FIRE DAMAGE (Arty one fire) Is 50, 000
MED EXP (Arty one person) Is 5, 000
AUTOMOBILE LIABILITY - 1$1,000,
A ANY AUTO COMBINED SINGLE LIMIT 000
ALL OWNED AUTOS
X SCHEIAJLED AUTOS
BODILY INJURY $
#CCP 519476-01 10107198 10107199 (Per Person)
HIRED AUTOS
_X
X NON -OWNED AUTOS
BODILY INJURY I S
(Per accldinl)
I
I PROPERTY DAMAGE S
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT I S
ANY AUTO
I OTHER THAN AUTO ONLY:
EACH ACCIDENT I $
AGGREGATE ($
EXCESS LIABILITY
1 EACH OCCURRENCE 1$4,000,000
#UMB 634861-00 8125199
A ]{ UMBRELLA FORM
110107199
(AGGREGATE I s4,000,000
OTHER THAN UMBRELLA FORM
I 1$
WORKER'S COMPENSATION AND
I I STATUTORY LIMITS 1
EMPLOYERS' LIABILITY
I LACK ACCIDENTI S
THE PROPRIETOR(
F'AATNEHSIEXECUTIVE INCL�
IY
DISEASE - POLICY LIMIT S
OFFICERS ARE EXCL
I DISEASE . EACH EMPLOYEE I S
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
THE CITY OF SAN RAFAEL, ITS OFFICERS, AGENTS AND EMPLOYEES ARE NAMED AS
ADDITIONAL INSURED ( l
OAiJCEULAI tON .. ....:::.....
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
THE CITY OF USAN RAFAEL EXPIRATION
O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
DEPARTMENT OF PUBLIC WORKS .,
P.O. BOX #151560 ITS AGENTS OR REPRESENTATIVES.
SAN RAFAEL, CA 94915-1560 AUTHORIZED REPRESENTATIVE f
I ROBERT C. FOX r d
ACO RD 26-$ (3/63) Q:CHQICE$1893. O A:: ,. D CORPORATION 1993:
GOLDEN EAGLE INSURANCE CORPO�.ATION
` P.O. BOX 85826 - SAN DIEGO, CA 92186-5826
ADDITIONAL INSURED - OWNERS, LESSEES Policy No: #CCP 519476-01
OR CONTRACTORS (FORM B) Fahy Tree Service
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule,
but only with respect to liability arising out of your ongoing (as opposed to completed) operations performed for that Insured.
(If no entry appears below, information required to complete this endorsement will be shown in the Declarations as appli-
cable to this endorsement.)
SCHEDULE
Additional Premium:
Name of Person or Organization:
The City of San Rafael
It is hereby understood and agreed that the City of San Rafael,
its officers, agents and employees are additional insureds
hereunder but only as respects liability arising out of the
land and/or property and/or work described in the Public Works
contract for the project entitled:
Routine and Emergency Tree Services Contract 1999/2000
between the City of San Rafael and
Fahy Tree Service
19 Ranch Road
San Rafael, CA 94903
For the work and the improvements described therein
GECG952 (11/95) GECP (10/97) Includes copyrighted material of Insurance Services Office, Inc., 1982, with its permission.