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HomeMy WebLinkAboutC-2101(A) - Aerial photography portion of traffic control device inventory grantWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 w DATE August 3, 1979 TO: FINANCE DIFXCMR FROM: City Clerk 2014 SUBJEM Contract No. Description Of'CMtrWt Aerial nbatogranhv Traffic control grant Authorized by Resolution No. q6n7 adopted on Ju1y 23, 1979 Effective date of Contract August 3, 1979 Contract with ,nw rY ,Qn1idatM Tnc- Address ya P.O. Box CI-19529 —T�rinplp ra 4771'; Amount of Contract � ry)nt-rant 2 City Clerk 0 • THIS AGREEMENT, made and entered into this Is "4� day of , 19_2�, at City of Newport Beach, County of Orange, State of Ca ifornia, by and between CITY OF NEWPORT BEACH through its duly elected or appointed, qualified and acting City Mayor and City Clerk, hereinafter called the Administrator, and VTN CONSOLIDATED, INC. herein- after called the Contractor. WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the Administrator herein expressed, does hereby agree to furnish to the Administrator services and materials, as follows: Article I - Statement of Work The Contractor shall provide the Administrator with aerial photo- graphs of specified portions of the City of Newport Beach to enable the City to document all traffic control devices for use in planning and monitoring traffic improvements, and shall, in connection therewith, furnish: 1. Two sets of contact prints, 9" x 9 ", scale 1: = 240' (one set to be returned to VTN with control annotations for enlargement scaling). 2. Two photo -index maps showing the relative position of each exposure. 3. 325 photo -atlas sheets 24" x 36" screened cornaflex showing 22" x 36" of photo image with a net coverage of 800' x 1360' per sheet at a scale of 1" = 40'. 0 • Page 2 Article II - Costs A. Pursuant to satisfactory completion of this agreement, a lump sum payment of $14,347.00 (which includes all expenses incurred by the Contractor) will be made to the Contractor. The above lump sum payment for satisfactory performance, includes salary, fringe benefits, overhead, profit and all other expenses incurred by the Contractor. Article III - Cost Limitations Total expenditures made under this contract shall not exceed the sum of $14,347.00 without amendment hereto. Article IV - Method of Payment The Contractor will be reimbursed for cost incurred in the performance hereof as are allowable under the provisions of Part 1 -15 of the Federal Procurement Regulations. Consultant shall be reimbursed monthly in arrears based upon the estimated percentage of work completed. Consultant shall submit invoices in triplicate and addressed to the Administrator. The Administrator shall retain ten percent of the billings, which retention shall be paid to Contractor together with final payment, upon acceptance by the Administrator and the California Office of Traffic Safety of the satisfactory final report. Article V - Subcontracting Except for Aerial Photographs the Contractor shall not be permitted to subcontract any portion of this contract without the express written consent of the Administrator. 9 • Page 3 Article VI - Completion Date Contractor shall complete all work and submit the photographs referred to in Article I not later than 30 August 1979. This schedule is predicated upon receipt of Administrators' ground control information not later than 1 August 1979. Article VII - Force Majeure Either party hereto shall be excused from delays in his performance hereunder for causes beyond his control which include but are not limited to fire, flood, adverse weather, riot, pestilence, strikes and interven- tion of governmental acts, laws or regulations. In the event of such delays, the party being delayed shall notify the other party as soon as practicable of the extent and duration of such delay. Any delays beyond Contractor's control which extend Contractor's performance more than sixty (60) days shall constitute good cause for negotiation of an equitable adjustment. Article VIII - Publication A. Contractor shall not be authorized to copyright the final report without written approval from the Administrator and the Office of Traffic Safety. Contractor shall also be prohibited during the term of the contract from copyrighting any papers, interim reports, forms, or other material which is a part of the work under the contract. B. Publication rights to any documents produced are to be reserved to the Administrator and the Office of Traffic Safety. . . Page 4 C. All reports published by the Contractor shall contain the fol- lowing statement on the credit sheet: "The opinions, findings, and conclusions expressed in this publication are those of the authors and not necessarily those of the Office of Traffic Safety, the National Highway Traffic Safety Administration of the Federal Highway Administration." D. Both written and oral releases are considered to be within the context of publication. However, there is no intention to limit discussion of the study with small technical groups or lectures to employees or students. Lectures to other groups which describe the project but disclose neither data nor results are permissible without advance approval. E. All reports shall contain the following credit line: "In co- operation with State of California, Business and Transportation Agency, Office of Traffic Safety, the U.S. Department of Transportation, National Highway Traffic Safety Administration and Federal Highway Administration." Article IX - Project Inspection The Office of Traffic Safety, the National Highway Traffic Safety Administration, the Federal Highway Administration, and the Administrator may review and inspect the Contractor's activities during the progress of the program. Article X - Accounting Records Contractor must maintain accounting records and other evidence pertaining to costs incurred which records and documents shall be kept • • Page 5 available 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 XI - Ownership of Data All data, maps, photographs, and other material collected or pre- pared under the contract shall become the joint property of the Adminis- trator and the Office of Traffic Safety upon payment of all monies due the Contractor. Article XII - Contract Termination This contract may be terminated at any time for breach and Adminis- trator may terminate unilaterally and without cause upon thirty days' written notice to the Contractor. All work performed pursuant to the contract and prior to the date of termination may be claimed for reim- bursement. Article XIII - Assignability Contractor shall not assign or transfer interest in this contract without the prior written consent of the Administrator and the Office of Traffic Safety. Article XIV - 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 the Administrator 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. • • Page 6 Article XV - Non - Solicitation Clause "The Contractor warrants that he has not employed or retained any company or persons, other than a bona fide employee working solely for the consultant, to solicit or secure this contract and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the consultant, any fee, commission, per- centage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the State shall have the right to annul this contract without liability, or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee." Article XVI - Equal Opportunity Assurance During the performance of this contract, the Contractor agrees as follows: a. The Contractor will not discriminate against any employee or applicant for employment because of.race, sex, creed, color or national origin. The Contractor will take affirma- tive action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, sex, creed, color or national origin. Such action shall include, but not be limited to the following: employ- ment, 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 • • Page 7 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 advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, sex, 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 workers' representative of the Contractor's commitments under this nondiscrimination clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 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 as- certain compliance with this nondiscrimination clause. e. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract, this contract may be canceled, terminated or suspended in whole or in part. Article XVII - Liability Insurance The Contractor shall carry public liability insurance in an amount not less than $500,000.00 for injuries, including accidental death, for one • • Page 8 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 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 Newport Beach as an additional insured, and shall provide ten (10) days notice to the City of Newport Beach 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 premiums 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 0 • Page 9 City or its principals in any such action, suit or legal proceedings or result thereof arising from Contractor's activities, provided however, Contractor shall not be responsible for any injuries or damages caused by the City's or its principals', employees', agents', or independent con- tractors' sole negligence or willful misconduct. 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. Article XVIII - Agreement IN WITNESS WHEREOF, City has caused this Agreement to be executed by its City Mayor and City Clerk and to be executed by Contractor, all there- unto duly authorized on the date written opposite their signatures. CITY OF NEWPORT BEACH, a municipal corporation By' ayor 6 By City Clerk U Date ��—cec c a� �_ / 7 5 VTN CONSOLIDATED, INC. By C�. W. G. Taylor, Jr. Title Vice President Date August 2, 1979 Photo Lab Layout Assemble Ship Supervision • � Page 10 ESTIMATED COST 40 x 9.00 360 34 x 10.00 340 120 x 10.00 1,200 16 x 9.00 144 2 x 6.25 12 20 x 16.40 328 Total Direct Labor 2,384 Overhead (135 %) 3,219 Material 4,223 Subcontract (Aerial) 3,960 13,786 Profit 561 (10% Labor & Overhead) 14,347 fha C';j�; >, �,•�� RESOLUTION NO. 9 60 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF NEWPORT BEACH AND VTN, INC., IN CONNECTION WITH THE AERIAL PHOTOGRAPHY PORTION OF TRAFFIC CONTROL DEVICE INVENTORY GRANT WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain contract between the City of Newport Beach and VTN, Inc., in connection with the aerial photography portion of traffic control device inventory grant; and WHEREAS, the City Council has reviewed the terms and conditions of said agreement and finds them to be satisfactory and that it would be in the best interest of the City to execute said agreement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 23rd day of July , 1979. Mayor ATTEST: City Clerk kb 7%18/79