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
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•
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'.
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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.
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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
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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