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1976-0818_BEIN, ROBT, FROST, WM / ASSOCIATES_AgreementRECORDING REQUESTED • 15893 . BK 1 2 14 =P6 163 BY AND MAIL TO MAIL TO: EXENWT DOCUMENTARY TRANSFER TAX - C12 NO TAX DUE City of San Juan Capistrano Office of the City Clerk �.�/h���� L>�a)_• 32400 Paseo Adelanto Mary Ann Hanover, City Clerk San Juan Capistrano, CA 92675 San Jean Capistrano, California NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of San Juan Capistrano, California, to Robert Bein, William Frost and Associates, 1401 Quail Street, Newport Beach, CA 92663, who was the company thereon for doing the following work to wit: Photographic Aerial Services That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, at a regular meeting thereof held on the 6th day of April , 1977, by Resolution No. 77-4-6-2 That upon said contract the Covenant Mutual Insurance Company was surety for the bond given by the said company as required by law. Dated at San Juan Capistrano, California, this 8th day of April 1977. Mary Ann Rdnover, City Clerk of the City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, do hereby certify, under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Council. Dated at San Juan Capistrano this 8th day of April , 1977. (SEAL) RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 6 Past 11 A.M. APR 12 1977 J. WnIE CARLTLE, Cowry boa* l Pxary Ann Hanover; City Clerk of San Juan Capistrano . Ae01 Photography THIS AGREEMENT, made and entered into this 18th day of August , 1976, at the City of San Juan Capistrano, County of Orange, State of California, by and between the City of San Juan Capistrano, hereinafter called CITY, and ROBERT BEIN, WILLIAM FROST & ASSOCIATES , hereinafter called the CONTRACTOR. ARTICLE I - Statement of Work Contractor shall provide City with aerial photographs of the City of San Juan Capistrano to enable City to evaluate its current traffic control system, and shall, in connection therewith, furnish: A) One set of approximately 135 sheets, cronaflex screen transparent positive photographs, to a scale of 1"=50' with a maximum allowable error of ±5 percent. B) One set of approximately 17 sheets, cronaflex screen transparent positive photographs, to a scale of 1"=100' with a maximum allowable error of ± 5 percent. C) Cut sheets of 30" x 30" shall be used to allow enough extra space to provide overlaps at the south and west sides of each map. ARTICLE II - Approval of Work All work submitted shall be subject to the approval of the City Engineer. All aerial work to be accomplished under this -1- ,�Y contract shall be only for this contract and no previous aerial work shall be accepted. ARTICLE III - Payment Contractor shall, in consideration of its work, receive the sum of $ 4,815.00 upon completion of the work to the satisfaction of the City Engineer within the contract period, and an a0lditional sum of $ $535.00 thirty (30) days thereafter. ARTICLE IV - Subcontracting Contractor shall not be permitted to subcontract any portion of this contract without the prior written consent of the City, ARTICLE V - Completion Date Contractor shall complete all work and submit the photo- graphs referred to in Article I within forty-five (45) calendar days after approval of this contract by City. ARTICLE VI - Project Inspection The Office of Traffic Safety, the National Highway Traffic Safety Administration, the Federal Highway Administration, and the City may review and inspect the Contractor's activities during the progress of the program. ARTICLE VII - Accountinq Records Contractor shall keep and maintain accurate books and -2- 9 0 records pertaining to costs incurred and shall keep such books and records and other documents relating to the work performed herein available for inspection at the Contractor's California office during the contract period and thereafter for three years from the date of final payment of Federal funds hereunder. ARTICLE VIII - Ownership of Data All data, maps, photographs, and other material collected or prepared under the contract shall become the joint property of the City and the Office of Traffic Safety. ARTICLE IX - Contract Termination This contract may be terminated at any time for breach and City may terminate unilaterally and without cause upon thirty days written notice to the Contractor. Contractor shall be reim- bursed on a pro -rata basis for all work performed prior to the date of termination. ARTICLE X - Amendment It is mutually understood and agreed that no alteration or variation of the terms of this contract, or any subcontract requiring the approval of City and/or the Office of Traffic Safety, shall be valid unless made in writing, signed by the parties hereto, and approved by all necessary parties. ARTICLE XI - Equal Opportunity Assurance A) The Contractor will not discriminate against any -3- 9 0 employee or applicant for employment because of race, sex, creed, color or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated equally without regard to their race, sex, creed, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment notices setting forth the provisions of this non- discrimination clause. B) The Contractor will, in all solicitations or adver- tisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color or national origin. C) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or contract or understanding, a notice advising the labor union or worker's representative of the Contractor's commitments under this nondiscrimination clause. D) The Contractor will permit access to his books, records and accounts by the applicant agency, the State, the Federal Highway Administration and/or the National Highway Traffic Safety Administration for purposes of investigation to ascertain compliance with the nondiscrimination cluases of this contract. -4- 0 0 E) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract, this contract may be cancelled, terminated or suspended in whole or in part. ARTICLE XII - Independent Contractor Contractor, in performing the services contemplated by this Agreement, acts solely as an independent contractor and shall not be deemed to be an officer, employee or agent of CITY for any purpose. Contractor shall have no authority to bond or obligate CITY in any matter. Contractor does, accordingly, agree to indemnify and keep and hold City free and harmless from any and all claim, obligation or liability that may arise from or as a result of its performance of this contract or any part thereof. ARTICLE XIII - Insurance Contractor shall provide CITY with proof of its worker's compensation insurance for all of its employees. ARTICLE XIV - Liability Insurance The Contractor shall carry public liability insurance in an amount not less than $500,000 for injuries, including accidental death, for one person, and subject to the same limit for each person in an amount not less than $1,000,000 on account of any one accident and property damage insurance in an amount not less than $500,000. The Contractor shall likewise obtain public liability and property damage insurance to cover vehicles and aircraft used or maintained by him whether on or off the premises, with liability -5- limits of not less than $250,000 for any one person and $1,000,000 for any one accident, and property damage of $500,000. The insurance amounts set forth herein are the minimum amounts required by the City. Other agencies with which the Contractor may be involved in the accomplishment of the work may require greater amounts. The City will not recognize any claim for additional compensation because of the requirement for greater amounts of insurance, as this is an element to be considered by the Contractor in determining his bid. Said policy or policies of insurance shall name the City of San Juan Capistrano as an additional insured, and shall provide for ten (10) days notice to the City of San Juan Capistrano prior to cancellation of said policy or policies of insurance. If the Contractor fails to maintain such insurance, the City may obtain such insurance to cover any damages which the City or its principals may be liable to pay through any of the operations under this contract and deduct and retain the amount of the pre- miums for such insurance from any sums due under the contract. The Contractor at his own cost, expense and risk, shall defend any and all actions, suits or other legal proceedings which may be brought or instituted against the City or its principals on any such claim or demand and pay or satisfy any judgment that may be rendered against the City or its principals in any such action, suit or legal proceedings or result thereof. aM. Nothing herein contained shall be construed as limiting in any way the extent to which the Contractor may be held responsible for payment of damages to persons or property resulting from his operations or of that of any subcontractors under him. ROBERT BEIN, WILLIAM FROST & ASSOCIATES CONTRACTOR (1���LGc-rGC.G� cls CGS By Edward J lin Consulting Engineer #0144 6 8-18-76 DATED �DOUGLAS�N SH DATED MAYOR Attest: ity Approved as to Form: Approved as to Content: �(� .E J S. OKAZAKI W. D.. MURPHY C ty Attorney Director of Pub is Works ity Engineer Total lump sum as described herein shall be: FIVE THOUSAND THREE HUNDRED AND FIFTY DOLLARS Words 5,350.00 Figures -7- a RESOLUTION NO. 77-4-6-2 COMPLETIONOFPHOTOGRAPHIC AERIAL SERVICES A RESOLUTION OF TIME CIiY COUNC,iL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFO'NIA, DECLARING WORK TO BE COMPLETED AS TO PLANTS AND SPECIFICA- TIONS FOR PIIOTOGRAPHIC AERIAL SERVICES The City Council of the City of San Juan Capistrano does hereby resolve: WHEREAS, on the 18th day of August, 1976, the City of San .Tuan Capistrano entered into a contract with Robert Belli, ' William Frost and Associates for Photographic Aerial Services; and WHEREAS, the Director of Public Works has submitted his approval of the final quantities and cost figures. NOW, THEREFORE, the City Council of the City of San Juan Capistrano does resolve as follows: SECTION 1. That the work required to be perfoi,ired By said contractor has been completed. SECTION 2. That the total cost of said work is in the amount of tio,S72.60. SECTION 3. That the work is hereby accepted and approved. SECTION 4. It is further ordered that a "Notice. of Completion" be filed, on behalf of the City, in the office of the County Recorder of the County of Orange within ten (10) days of the date of this Resolution. PASSED, APPROVED AND ADOPTED, this _6th day of April. _, 19'77, by the follovring vote, to wit AYES: Councilmen Sweeney, McDowell, Friess, Nash, and Mayor lleckscher _ NOES: None - ABSENT: None^/J ./- 'ON 0. HECKSCMIER, MAYOR e ATTEST: CITY CL.'M' STATE OF CALIFORNIA ) COUNTY Or' ORANGE ) CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. _77-4-6-2 , adopted by the City Council of the City of San Juan Capistrauo, California, at a regular meeting thereof held oil the 6th day of April , 1977. --- -April WARY ANi�iIIANOVEP., C1Ti CLERli CERTIFICATEC SURANCE ISSUED BY OR 1 8EMALF OF RELIANCE INS. CO. FIREMAN'S FUND/ASSOCIATEQ INDEM. CO. INSURANCE COMPANY Name ROBERT BEIN, WILLIAM FROST & ASSOCIATES P. 0. Box 2590 Newport Beach, Ca. 92663 IDERSON & ANDERSON, Inc. INSURANCE BROKERS 333 Bayside Drive Phone 675-0350 NEWPORT BEACH CALIFORNIA 92660 Name and address for whom Certificate of Insurance is Issued: :ITY OF SAN JUAN CAPISTRANO '2400 Paseo Adelanto an Juan Capistrano, Ca. 92675 This is to certify that the Company designated above has issued to the Insured named herein the policies listed below and such policies apply with respect to the hazards and for the coverages and limits of liabil- ity indicated by specific entry herein, subject to all the terms, conditions and exclusions in such policies. TYPE OF INSURANCE J POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE COVERAGES AND LIMITS OF LIABILITY Bodily Injury Liability Property Damage Liability Each Occurrence Ea. Occurrence Aggregate General Liability — Premises — Operations $ 000 $ ,000 $ ,000 Escalators $ 000 $ ,000 $ ,000 Independent Contractors $ 1000 $ ,000 $ 1000 Products—Completed Operations $ 1000 $ ,000 $ 000 $ ,000Aggreg. Contractual—as described below $ 000 $ ,000 $ ,000 Automobile Liability — Owned AutomobilesRe f i a n c e 1 1/ 1 9/ 7 -7 6 Each Person Each Dec. Each Occ. Agg. $ ,000 $ ;000 $ ,000 XXXX Hired Automobiles X$ ,000 $ 000 $ 100 000 XXXX Non -Owned Automobiles XGA3012391 $ 300,000 $ 300,000 $ 100,000 XXXX Automobile Physical Damage - Comprehensive Fire, Theft Collision or Upset $ $ Actual Value Less $ Deductible Loss Payable to: Workmen's Compensation and Employers Liability Assoc. I nd em . WP2029259 1/1/76 1/1/77 Compensation—statutory Excess Liability Fireman's Furd XLB1220771 11/30/7 11/30/76 $3,000,000 Description and Location of Operations, Automobiles Covered, Contracts, Additional Insured, Additional Coverages, etc. The Company agrees to give t P n ays written notice to the holder of this Certificate of Insurance in the event of cancellation of any policy or coverage listed above. Date, 8/3/76 st No. GF 202 1-73 Recommended C A I A- 1 8 A C Form Reliance Ins- Co. Fireman's to d Aswc- 10ndein. Co. In_u ra om a By _ — Aut orized UK, CERTIFICATE OSURANCE ISSUED BY OR I ENALF OF RELIANCE INS. CO. FIREMAN'S FUND/ASSOCIATED INDEM. CO. INSURANCE COMPANY Name of Insured and addhint ROBERT BEIN, WILLIAM FROST & ASSOCIATES P. 0. Box 2590 Newport Beach, Ca. 92663 AGEN OKER ERSON & ANDERSON, Ine. INSURANCE BROKERS 333 Bayside Drive Phone 675.0350 NEWPORT BEACH CALIFORNIA 92660 Name and address for whom Certificate of Insurance is issued: :ITY OF SAN JUAN CAPISTRANO 2400 Paseo Adelanto an Juan Capistrano, Ca. 92675 This is to certify that the Company designated above has issued to the Insured named herein the Policies listed below and such policies apply with respect to the hazards and for the coverages and limits of liabi4 ity indicated by specific entry herein, subject to all the terms, conditions and exclusions in such policies. - - TYPE OF INSURANCE I/POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE COVERAGES AND LIMITS OF LIABILITY Bodily Injury Liability Property Damao Liability Each Occurrence Ea. Occurrence Aggregate General Liability - Premises - Operations $ 000 $ ,000 $ ,000 Escalators $ 000 $ 1000 $ ,000 Independent Contractors $ ,000 $ ,000 $ ,000 Products -Completed Operations $ 000 $ ,000 $ 000 $ ,000Aggre Contractual -as described below $ ,000 $ '00000 0 Automobile Liability - Owned Automobiles Ref i a n c e 11/19/17r_76 Each Person Each Occ. Each Occ. $ ,eco $ ,000 $ 000 Hired Automobiles $ ,000 $ 100 000 $ 000 XXXX Non -owned Automobile: XGA3012391 $ 10 0 000 $ 3.00 000 s I000 XX%X Automobile Physical Damage - Comprehensive Fire, Theft Collision or Upset $ $ F Actual Value Less $ Deductible Loss Payable to: workmen's Compensation and Employers Liability Assoc. I nd em . WP2029259 1/1/76 1/1/7/ Compensation -Statutory Excess Liability Fireman's Fud XLB1220771 11/30/7 11/30/76 $3,000,000 Description and Location of Operations, Automobiles Covered, Contracts, Additional Insured, Additional Coverages, etc. The Company agrees to gives _#.en—days written notice to the holder of this Certificate of Insurance in the event of cancellation of any policy or coverage listed above. Date: 813/76 $t ho. GF 202 1-73 Recommended CA In. I BAC Form Reliance Inn Co. Fireman's Fudd As de)n. Co. t our.GE em�pa�Jp' �j�/_ By �{'''pli/J Authorized Representative DESIGN PROFESSIONALS • INSURANCE COMPANY CERTIFICATE OF INSURANCE THIS CERTIFICATE IS ISSUED AT THE REQUEST OF: CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, Ca. 92675 DATEISSUED: 6/3/76 THE POLICY INDICATED BELOW BY POLICY NUMBER, POLICY PERIOD AND LIMITS OF LIABILITY HAS BEEN ISSUED TO: INSURED'S NAME AND ADDRESS: ROBERT BEIN, WILLIAM FROST & ASSOCIATES P. 0. Box 2590 Newport Beach, Ca. 92663 TYPE OF INSURANCE DATE LIMITS OF LIABILITY AND AUTHORIZED REPRESENTATIVE POLICY NUMBER MONTH DAY YEAR BODILY INJURY AND PROPERTY DAMAGE COMPREHENSIVE GENERAL LIABILITY EFFECTIVE EXPIRATION LIMIT IN ALL IN RESPECT OF EACH OCCURRENCE OR IN THE (EXCLUDING AUTOMOBILES) AGGREGATE: CONTINUOUS UNTIL 100011 11/11/71 CANCELLED $ 500,000 ALL DAMAGES DESIGN PROFESSIONALS' LIMIT IN ALL IN RESPECT OF DEDUCTIBLE PROFESSIONAL LIABILITY EACH OCCURRENCE IN THE CONTINUOUS AGGREGATE: UNTIL 100011 11/11/71 CANCELLED $'3,000,000 DAMAGES $PER 50,000 OCCURRENCE DESCRIPTION OF OPERATIONS AND LOCATION TO WHICH CERTIFICATE APPLIES: Photogrammet SPECIAL PROVISIONS: This certificate of insurance is merely a recital of insurance afforded by the company on policy and endorsement forms in use by the com- pany. Nothing contained herein shall operate to alter such insurance. Issued at CERT DPIC 1075 Newport Beach, Ca. st ANDERSON & ANDERSON, INC, P. O. MX 127 BALBOA I i. „JD, CALIF31-602 DESIGN PROF ESSIONAJ,�N SURANCE COM ANY AUTHORIZED REPRESENTATIVE 14 DESIGN PROFESSIONALS 474 INSURANCE COMPANY CERTIFICATE OF INSURANCE THIS CERTIFICATE IS ISSUED AT THE REQUEST OF: DATE ISSUED'. THE POLICY INDICATED BELOW BY POLICY NUMBER, POLICY PERIOD AND LIMITS OF LIABILITY HAS BEEN ISSUED TO: INSURED'S NAME AND ADDRESS: TYPE OF INSURANCE GATE LIMITS OF LIABILITY AND POLICY NUMBER MONTH DAY YEAR BODILY INJURY AND PROPERTY DAMAGE COMPREHENSIVE GENERAL LIABILITY EFFECTIVE EXPIRATION LIMIT IN ALL IN RESPECT OF EACH OCCURRENCE OR IN THE (EXCLUDING AUTOMOBILES) AGGREGATE: CONTINUOUS UNTIL CANCELLED $ ALL DAMAGES DESIGN PROFESSIONALS' LIMIT IN ALL IN RESPECT OF DEDUCTIBLE PROFESSIONAL LIABILITY EACH OCCURRENCE IN THE CONTINUOUS AGGREGATE: UNTIL CANCELLED $ ALL DAMAGES $ PER OCCURRENCE DESCRIPTION OF OPERATIONS AND LOCATION TO WHICH CERTIFICATE APPLIES: SPECIAL PROVISIONS: This certificate of insurance is merely a recital of insurance afforded by the company on policy and endorsement forms in use by the com- pany. Nothing contained herein shall operate to alter such insurance. Issued at DESIGN PROFESSIONALS INSURANCE COMPANY ANDERSON & ANDERSON, INC. P, O. BOX 127 AUTHORIZED REPRESENTATIVE BALBOA ISLAND, CAL11'. 92662 CERT DPIC 1075