HomeMy WebLinkAboutTALAVERA AND RICHARD 1
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CLl~orCOO~ll. '"L CONSULTANT AGREEMENT
o"W.: 5_22--0 e(
THIS AGREEMENT, made and entered into this!i ~ day of':::fY\ A Y ,2002 by
and between Talavera and Richard, a general partnership (hereinafter "Consultant"), and the City
of Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of Cali fomi a (hereinafter "City").
N_2002-053
153
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
conversion of sewer videotape to computer format.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform those services as set forth in Exhibit A to this Agreement. City
shall retain ownership over all documents produced pursuant to this Agreement.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Exhibit A. The total sum to be expended under this
Agreement, shall not exceed $ 10,000.00 during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on April 1,
2003, unless terminated earlier in accordance with Section 12, below. The term of this
Agreement may be extended upon a writing executed by the Executive Director of Public Works
Agency and the City Attorney.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter ofthis Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, agents, volunteers, and employees as
additional insured(s) and shall include, but not be limited to protection against claims arising
from bodily and personal injury, including death resulting therefrom and damage to property,
resulting from any act or occurrence arising out of Consultant's operations in the performance of
this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance
shall be not less than the following: single limit coverage applying to bodily and personal injury,
including death resulting therefrom, and property damage, in the total amount of $1 ,000,000 per
occurrence. Consultant shall supply City with a fully executed additional insured endorsement in
substantially the form attached hereto as Exhibit B upon execution ofthis Agreement and shall
be approved in form by the City Attorney.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance ofthe work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not less
than $1,000,000 per claim.
2
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its
time and materials expended prior to notification oftermination. Consultant waives the right to
receive compensation and agrees to indenmify the City for any work performed prior to approval
of insurance by the City.
6. INDEMNIFICATION
Consultant agrees to and shall indenmify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including health, and claims for property damage, which may arise from the
direct or indirect operations ofthe Consultant or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section 1 of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
arising from this Agreement. This indenmity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms
of, or effects, arising from this Agreement. The Consultant further agrees to indenmify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity
of this Agreement, or asserting that personal injury, damages, just compensation, restitution,
judicial or equitable relief due to personal or property rights arises by reason ofthe terms of, or
effects arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding.
7. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance ofthis Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
3
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent ofthe other
party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault ofthe Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
8. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
City of Santa Ana
Public Works Agency
220 S. Daisy Avenue
Santa Ana, California 92703
Bldg A M-85
telefacsimile (714) 647-5622
attn: Ray Burk
and,
4
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Consultant:
David K. Richardson
6532 Estates Drive
Oakland, CA 94611
510-339-8109
208-439-7229
A party may change its address by giving notice in writing to the other party. Thereafter,
any notice, tender, demand, delivery, or other communication shall be addressed and transmitted
to the new address. If sent by mail, any notice, tender, demand, delivery, or other
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or
other communication shall be effective or deemed to have been given twenty-four (24) hours
after the time set forth on the transmission report issued by the transmitting facsimile machine,
addressed as set forth above. For purposes of calculating these time frames, weekends, federal,
state, County or City holidays shall be excluded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms ofthis Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, that terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
5
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
12. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
13. DISCRIMINATION
Consultant shall not discriminate because ofrace, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION - VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be government and construed in accordance with the laws of the State of
Califoruia. This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and goverued by the laws of the State of Califoruia. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason ofthis Agreement.
15. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Consultant shall notifY the City
immediately and in writing of her inability to obtain or maintain such permits, licenses,
approvals, waivers, and exemptions. Said inability shall be cause for termination of this
Agreement.
6
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
CITY OF SANTA ANA
1(1\
~~~'-~!~
PATRICIAE. HEALY
Clerk of the Council
CZ?~~
City Manager
APPROVED AS TO FORM:
By:
Cristine a
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
CONSULTANT
~Jb- ~/'~-
Executive Director of the
Public Works Agency
ILl t ~.I~
David K. Richardson
General Partner
qi./ - 3:<( 3'-/ (3
Employer ill # or Individual SS #
8
City of Santa Ana - CCTV VHS to MPEG Conversion
Scope of Work
3/4/02
Talavera & Richardson will convert CCTV pipe inspection video stored in VHS format to MPEG-l files.
A separate video file will be created for each pipe segment with the filename based on the tape and run
numbers (for example, tape number 10 - pipe inspection 5 will be labeled TapeOI0-05.MPG). All MPEG
files for a tape will be stored as a group on one or more CDs.
The original VHS tapes and associated CDs will be returned via FedEx (shipping costs are included).
This project will include approximately 165,000 feet of video inspection footage. Using an estimated
conversion cost of $0.06/ft*, the total cost should be $9,900. This contract will not exceed $10,000
without written consent by both parties.
* The cost will be $0.06 per linear foot of video based the footage counter recorded on the videos. Should
the inspection rate fall below 20 feet per minute, the cost will be based on $1.20 per minute. Note that it
is not typical for pipe inspection rates fall below 20 feet per minute. In all cases, there is a minimum cost
of $8.00 per video file.
EXHIBIT A
CS 387 FOR-\{. C\OOCUME-I\tlccshaw\LOCALS~ \'.Temp"Aar=t Packai~ ror Talavera and Richardson doc
Client"'; 1794 TALAVRICH
'M:nRI1. CERTIFICATE OF LIABILITY INSURANCE I DATE(MMIOD/YY)
03/19/02
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P. O. Box 12675 Alln; GD HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Oakland, CA 94604-2675
510 465-3090 INSURERS AFFORDING COVERAGE
INSURED INSURER Ao Hartford Casually Insurance Co.
Talavera & Richardson INSURER BoL.umbermens Mutual Casually Co.
45 Franklin S1reet, Sune 319 INSURER c:
San Francisco, CA 94102 INSURER 0:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDK:ATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDrnON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHK:H THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLK:IES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
lNff TYPE OF INSURANCE POLICY NUMBER Pg~!f.,.Y,EFFECTIVE POLICY EXPIRATION LIMITS
A GENERAL LIABILITY 57SBALP4948 04/14/01 04/14/02 EACH OCCURRENCE $1 000 000
X i COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone flre $300 000
I CLAIMS MADEW OCCUR I MED EXP (Anyone percon) $10000
I ---,~--
h I PERSONAL & ADV INJURY $1000000
!~ ---- GENERAL AGGREGATE .2 000 000
I~'L AGGREGA~ LIMIT AP,PLIESPER: PRODUCTS-COMP/OP AGG .2 000 000
i POLICY I ~~,QT il LOC i
A AUTOMOBILE LIABILITY I 57SBALP4948 04/14/01 04/14/02 COMBINED SINGLE LIMIT
~ $ 1 ,000,000
i ANY AUTO (Eaaccidenl)
~
ALL OWNED AUTOS BODIL Y INJURY
(Per person) .
~;c1 SCHEDULED AUTOS
X HIRE D AUTOS BODILY INJURY
'Xl NON-OWNED AUTOS (Per accident) .
r~
1m! "n_w_ __n~_~ ! PROPERTY DAMAGE .
(Per accident)
HRAGE LIABILITY AUTOONLY-EAACCIDENT $
I ANY AUTO OTHER THAN EAACC .
AUTO ONLY: AGG .
EXCESS LIABILITY EACH OCCURRENCE $
:::J OCCUR D CLAIMS MADE AGGREGATE .
$
=1 DEDUCTIBLE .
RETENTION . .
WOAKEAS COMPENSATION AND , l~g~n~~p,.~1 I,OJ~-
, EMPLOYERS' LIABILITY E.L. EACH ACCIDENT .
I
i E .L.DISEASE.EA EMPLOYE .
I E.L.DISEASE.POLICY LIMI .
B OTHER Professional 1 QL01705300 04/14/01 04/14/02 $500,000 per claim
Liabilny I $500,000 ennl aggr.
1
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXCLUSIONS AD DE D BY ENDORSEMENT/SPECIAL PROVISIONS
See allached special eddnlonal insured endorsement. ~~lO FORM
~STINE LEE SHAW
Deoutv City Attorney
.
CERTIFICATE HOLDER
x . ADDmONALINSUFlED:INSURERlETTER:
CANCELLATION
SHOULDANYOFTt-EABOVE DESCRIBED POUClES BECANCELLEO BEFORE THE EXPIRATION
OATETHEREOF,THE ISSUINI3INSURER WILl :aoeeVoelTO MAIL.3Cl..-.- DAYSWRITTEN
NOTICETOTHECERT1FICAlE HOLOERNAMEDTOTHEl.EFT, ~..MNJ.- 11J1'O'0Q
~-.1lIlP~8eBJOIllle...0R
s.
City of Santa Ana
Water Resources Division
Attn: David Patton
220 S Delsy Avenue
Sante Ana, CA 92703
!'
IATES
ACORD 25. S (7197)1 of 1
#M61722
C
til ACORD CORPORATION 1988
From: David Richardson To: Geoffrey Deacon
Date: 03/1212002 Time: 6:48:36 PM
Page 2 of 2
ADDITIONAL INSURED ENOORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
Hartford Casualty Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# 57SBALP4948 relating to the following:
I. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 9270 I; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. Tbis insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits ofliability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled,_
'i1II -' ". J'J " .at- r 'l'exceptafterthirty (30) days written notice has been
given to the City of Santa Ana. 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective. )
Effective
Policy #
Issued to
03/14/02
57SBALP4948
Talavera & Richardson
Named Insured
, this endorsement form as a part of
Countersigned by .iti.
:;cAres
FORM
Talavera & Richardson
Environmental Engineering
6532 Estates Drive
Oakland, CA 94611
(510) 339-8109
Computer Consulting
March 20, 2002
To the City of Santa Ana:
Talavera & Richardson is under a contractual relationship with the City of Santa Ana to provide
conversion of sewer analog videotapes to digital computer files. Talavera & Richardson understands
the City of Santa Ana's insurance requirements. Talavera & Richardson has necessary insurance
coverage plus the Additional Insured Endorsement. However, my insurance company, Dealey,
Renton, & Associates will not agree to notify the City of Santa Ana if my policy limits are materially
reduced for policy number QL01705300.
Therefore, I, David K. Richardson, agree and promise that I will personally provide the City of
Santa Ana with the required 30 days notice should coverage be materially reduced in amounts.
Sincerely,
{Jfl?Y f! I2LL^-
David K. Richardson, P.E.
General Partner
.A CORT1..
CERTIFIC~ OF LIABILITY INSU~NCE
DATE (MM/DDI
04/09/02
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Clle : 1794
PRODUCER
Deeley, Renton & Associates
P. O. Box 12675 Attn: GRD
Oakland, CA 94604-2675
510 465-3090
Talavera & Richardson
45 Franklin Street, Sulle 319
San Francisco, CA 94102
INSURERS AFFORDING COVERAGE
INSURER A' Hartford Casually Insurance Co.
INSURER B,Lumbermens Mutual Casually Co.
INSURER c:
INSURER 0:
INSURER E:
INSURED
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REOUIREMENT. TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WrTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~;: --,- POLICY EFFECTIVE POLICY EXPIRATION
TYPE OF INSURANCE POLlCYNUMBEA LIMITS
A GENERAL LIABILITY 57SBALP4948 04/14/02 04/14/03 EACH OCCURRENCE $1000000
Xl COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire $300 000
I I CLAIMS MADElil OCCUR MED EXP (Anyone person) $10000
- PERSONAL & ADV INJURY $1 000 000
- GENEAAl AGGREGATE $2 000 000
~'LAGGR;n ~IMIT APPL IES PER: PRODUCTS-COMP/OP AGG $2 000 000
I POLICY ~~gT n LOC
A ~;OMOBILE LIABILITY 57SBALP4948 04/14/02 04/14/03 COMBINED SINGLE LIMIT
_ ANY AUTO (Eaaccldenl) $1,000,000
- ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
--
~ HIRED AUTOS BODIL Y INJURY
$
~ NON-OWNED AUTOS (Peraccldenl)
r- - PROPERTY DAMAGE $
(Peracciden1)
RRAGE LIABILITY AUTO ONLY- EAACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS LIABILITY EACH OCCURRENCE $
~OCCUR D CLAIMS MADE AGGREGATE $
I $
~ DEDUCTIBLE $
RETENTION $ $
i WORKERS COMPENSATION AND IT~g~J~,~:;';,1 IOJ:;
I EMPLOYERS' LIABILITY E.L. EACH ACCIDENT .
,
I E.L.DISEASE.EAEMPLOYEE $
E.L. DISEASE-POLICYL!Mll $
B OTHEH Professional QL01705300 04/14/02 04/14/03 $1,000,000 per claim
lablllly I $1,000,000 annl aggr.
.
DESCRIPTION OF OPERAT10NS/LOCATIONSIVEHICLES/EXCLUSIONS AD DE)\'P' Ptt~ty:~J1;I'6~tIA
See attached special addttlonallnsured endorsement.
II"
(',. . ;'
ta a "She.~f9 ,
Deputy City Attorney
CERTIFICATE HOLDER I X I ADDmONAL INS"",D: INSUFeR LETTER: A CANCELLATION
SHOULD AtlfCFTHE ABOVE DESCRIBED POUClES BE CANCELLED BEFOFt:TI-E EXPIRATION
CIIy 01 Sante Ana DATE THEREOF, THE ISSUING INSURER WI Ll ~CC BlO8(rOMAIt.30.- DAYS WRITTEN
Water Resources Division NOTICE TOTHE CERT1F1CAlE HOLDER NAMED TOTHE LEFT. BWJtJIGMIi -. 1 ~S'NtX
Attn: David Patton ~-~BI--' ~8BOlJln-=11l'OR
220 S Daisy Avenue s.
Santa Ane, CA 92703 AU I)!(SSOCIATES
I (~ -h~ ~~;
ACORD 25-S (7/97)1 011
#M73256
TAC
Ii> ACORD CORPORATION 1988
From: DaVId Ricnarason To: Geotfre~ Deacon
,
......,
'wtI
.-\DDlTIO!\.-\L INSl U:D ENDORSD.IENT
FOR COM\[ERCI.-\L GE!\ER.-\L LIABILITY POLICY
Insuranc~ Company
Hartford Casualty Insurance Company
T1us endorsement modi ties such insurance as is illorded bv the provisions of Policv
" 57 SBALPL948 relating to thefollowing:
1. The City of Santa Ana. 20 Civic Center Plaza, Santa Ana, California 92701: its
officers, employees. agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured. such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought .xcept with respect to the company's limits ofliability. The inclusion of anv
person or organization as an insured shall not affect any right which such person or organization
would have as a claimam if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled._
'lIl ", L .4- ..1' "<exceptafterthirty(30)dayswrittennoticehasbeen
given to the City of Santa ..\na. 20 Civic Center Plaza. Santa ..\na. California 92701.
(Completion of the tollowing, including countersignature, is required to make this endorsement
effective. )
Effective
Policy #
Issued to
04/14/02
57SBALP4948
Talavera & ~ichardson
Named Insured
Coo,~',",d b, · ,e~""'"
Autho e entatlve
J
, this endorsement form as a part of
cO AS TO FORM
~~"'"~
Cliem#' 1794
T'LAVRICH
.
CERTIFICA~ OF LIABILITY INSUA7(NCE
I
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWITHSTANDING
ANY REQUIREMENT, TEAM OR CONOITION 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.
I~~- - TYPE OF INSURANC~- - - POLICY NUMBER POLlCY EFFECTIVE POLICY EXPIRATIO~I
A !,(3ENERAL LIABILITY 57SBALP4948 04}14}02 04}14/03
"E.l. EACH ACCIDENT $
E,L.DISEASE-EAEM.pLOYEJ $
E.L. DISEASE-POLICY LIMll1 $
$1,000,000 per claim
I $1,000,000 annl aggr.
i I
DESCRIPTION OF OPEAATIONS/LOCATIONSIVEHICLES/EXCLUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIO~P PRO V ED AS ,,_
See attachad special add~ional insured endorsement. ~\ / ] 0 FORM
, ,_"I'r:L
L ra Sheedy /
Deputy City Attorney
ACORD,
PRODUCER
Dealey, Renton & Associates
P, 0, Box 12675 Attn: GRD
Oakland, CA 94604-2675
510 465-3090
;rfIT ~
~D
~-'
~
INSURED
Talavara & Richardson
45 Franklin StrBat, Su~e 319
San Francisco, CA 94102
COVERAGES
: X 'COMMERCIALGENERALLIABILITY
!--+--- _------1 I
I CLAIMS MADEl X ; OCCUR I
+ .~~ I
~------- --- !
GEN'L AGGREGATE ~IMIT APPLIES~ER: I
;--------1 POLICY ----~ ~~;2.;:.--: LOC I
A l__~~_;OMOBILE LIABILITY IS7SBALP4948
~____j ANY AUTO !
L--j ALL OWNED AuTOS
SCHEDULED AUTOS
L_:
; X HIRED AUTOS
C~--, NON-OWNED AUTOS
,
!
~~RAGE LIABILITY
i i ANY AUTO
-~
__~?ESS L1ABILI~_1 I
" __! OCCUR '___ j CLAIMS MADE:
,
~_~ DEDUCTIBLE
I : RETENTION $
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
B . OTHER Professional
Liabllrty
I QL01705300
CERTIFICATE HOLDER
I X I ADomONAllNSURED" INSURER LETTER: A
Crty of Santa Ana
Water Resources Division
Attn: David Patton
220 S Daisy Avenua
Santa Ana, CA 92703
,
ACORD 25.S (7/97)1 of 1
#M7325B
DATE (MMIDD/YY)
10}22}02
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
INSURERS AFFORDING COVERAGE
INSURER A' Hartford Casualty Insurance Co,
INSURER B,Lumbermens Mutual Casualty Co,
'I INSURER C:
INSURER 0:
: INSURER E:
LIMITS
EACH OCCURRENCE
$1000000
lflRE DAMAGE (Any ono lire $300 000 _u_____
MED EXP{Any one perso~L_;.....~10,OOO
~_~?ONAL &. ADV INJURY '$1,OOO~~____
GENERAL AGGREGATE i $2.000,000
.._____...1
~~ODUCTS.COMP/OP AGO $2 OOOLQQ9___~.___
!.04/14/02
i 04/14}03
COMBINED SINGLE LIMIT
(Eaaccident)
1--
$1,000,000
BODIL Y INJURY
(Per person)
$
---~
$
]$
BODILY INJURY
, (PeraCCidenl)
I
I PROPERTY DAMAGE
: (Peraccidenl)
I AUTO ONL Y_ EA ACCIDENJ~~"__
OTHER THAN ~.
AUTO ONL Y: AGG I $
EACH OCCURRENCE $
AGGREGATE ! $
$
$
$
':T~~,;;A~X-~ I IOJ~-
04/14/02
04/14/03
CANCELLATION
SHOULD AN'fOF THE ABOVE DESCRIBED POUCIES BECANCELLED BEFORE THE EXPRATION
DATETHEREOF,THE ISSUING INSURER WILl JeltC~nQ8(l"OMAII..3O..--- DAYS WRITTEN
NOTICETOTHE CERTlFICAlE HOLDERNAMEDTOTHE LEFT, ~..,. ! mO'OMX
~JlIt4~~BeBtR)1lli"I'DIOR
s,
~lI.~II',(lIl
I"JiA YI
TAC
.. ACORD CORPORATION 1988
'-"
....,;
EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company ~ft,N! ~ (/~-fet w. (e;;
This endorsement modifies such insurance as is afforded by the provisions of Policy
# ~I SdAf-IJ 'fflfft relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits ofliability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled,'"
_ k; ", ~1I8 l' ~ "'l ~]w:~ c;&'14hirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Pl~[ Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective (0/) ~C?L
Policy # ~7 ~ (! A (... fJ 'te;''t'l
Issued to 1co1~,"""" 1- f(rCAr;,w;lt;(}I\
Named Insured
, this endorsement form as a part of
Countersigned by
tlO
9
APPROVED AS TO FORM
k~~P7
Deputy City Attorney
'-
...,,;
Talavera & Richardson
Environmental &/gineering
45 Franklin Street, Suite 319
San Francisco, CA 94102
(415) 861-1491
Computer Consulting
Tuesday, October 22, 2002
To the City of Santa Ana:
Talavera & Richardson is under a contractual relationship with the City of Santa Ana to provide
conversion of sewer analog videotapes to digital computer fifes. Talavera & Richardson understands
the Cfty of Santa Ana's insurance requirements. Talavera & Richardson has the necessary insurance
coverage plus the Additional Insured Endorsement. However, my insurance company, Dealey, Reton,
and Associates will not agree to notify the City of Santa Ana if my policy limfts are materially reduced for
policy number 57SBALP4948.
Therefore, I, David K. Richardson, agree and promise that I personally provide the Cfty of Santa Ana
with the required 30 days notice should coverage be materially reduced in amounts.
~~I!LL
General Partner