Loading...
HomeMy WebLinkAbout05- Kestrel Designs Creation of Bicycle Route Map Contract Agreement .' CONTRACT AGREEMENT CREATION OF BICYCLE ROUTE MAP FOR THE CITY OF BOZEMAN THIS CONTRACT AGREEMENT is dated as of the 15th day of Fcbruary in the year 2005 by and between CITY OF BOZEMAN hereinafter called OWNER and KESTREL DESIGNS here in after called CONTRACTOR. OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agrce as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specificd or indicated in the Contract. The Projcct Work is generally described as follows: 1.1 Camera ready images required to produce a 21 x 17" map on 80# text paper with an aqueous coating. Accordion then 1/3 fold. Finished size: 5.67x3.5. 4 colors front and back with a full bleed. The final files that can be used on other Bike Board projects Oversee the printing and delivery of5000 copies of the map to the OWNER. 1.2 The OWNER will provide the CONTRACTOR the following information required for the map: Base maps with bike route, lane and path data Text for the safety section Text tor the laws section Definition of ditlerent bike lanes Information about the bike board Phone numbers and names of local bike shops MSU rules and regulations text Map of Bozcman with relevant information Map ofMSU Article 2. CONTRACT TIME. 2.1 The Work will be completed within ninety (90) calcndar days after the date of this agreement. OWNER retains the right to a refund contingent upon satisfactory completion of the Work in accordance with this agreement. 2.2 Timeline as follows: Fehruary 15: Present first round of completed piece. March meeting: Present Second round of completed piece. April 1: Send final files to the printer. April Meeting: files available for viewing, but we will not be able to make changes. Printed pieces finished and ready for distribution May I. Article 3. CONTRACT PRICE. 3.1 OWNER shall pay CONTRACTOR for performancc of the Work in accordance with the Contract Documents the sum (subject to adjustment as provided in the Contract Documents) of five thousand ($5000) dollars for the eamera ready map and twenty- five hundred ($2500) for the printing and dclivery of 5000 copies. 3.2 An additional design fee of forty ($40) dollars per hour after two rounds of revisions is applied unless it's the CONTRACTOR'S error. Article 4. PAYMENT PROCEDURES. 4.1 Payment will be provided within thirty (30) days upon completion of camera rcady map and delivery of the copies to the OWNER by the CONTRACTOR. OWNER retains the right to a refund contingent upon satisfactory completion of the Work in accordance with this agreement. No item that is required by Contract tor the proper and successful completion of the Work will be paid for outside of or in addition to the prices submitted in the contract. All work not specifically set forth as a pay item herein shall be considered a subsidiary obligation of the CONTRACTOR and all costs in connection therewith shall be included in the contract price. Article 5. CONTRACTOR'S REPRESENTATIONS. 2 In order to induce OWNER to cnter into this Agreement, CONTRACTOR makes the following represcntations: 5.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may al1ect cost, progress or performance of the Work. Article 6. WARRANTY AND GUARANTEE. 6.1 CONTRACTOR warrants and guarantees to OWNER that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to CONTRACTOR. All defcctive Work, whether or not in place, may be rejected, corrected, or accepted. Article 8. MISCELLANEOUS. 8.1 This Agreement and all of the covenants hercof shall inure to the benefit of and be binding upon the OWNER and thc CONTRACTOR respectively and his partners, successors, assigns, and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to assign, transfer or sublct his interest or obligations hereunder without written consent of the other party. Thc Owner reserves the right to withdraw at any time from any subcontractor whose work has proven unsatisfactory the right to be engagcd in or cmployed upon any part of the Work. 8.2 In the event it becomes necessary for either party to this Agreement to retain an attorney to entorce any of the tenus or conditions of the Agreement or to give any notice required herein, then the prevailing party or the party given notice shall be entitled to reasonable attorney's fees and costs, including fccs, salary, and costs of in-house counsel. 8.3 This agrcement contains the full understanding of the parties. Any amendment of moditlcations of the Agreement or any provisions herein shall be made in writing and executed in the same manner as this original document and shall aftcr execution becomc a part of thc Agrcement. 8.4 The CONTRACTOR hereby agrees to indemnify and hold the OWNER harmless, including attorncy's fccs, from all claims and liability due to the activities of CONTRACTOR, their agents, employees, or both, in performing the work required. Said attorney's fees may include the costs and salary paid by OWNER to City Attorney or other in-house counscl. 8.5 ATTORNEY FEES. In the evcnt it is necessary for any of the parties hereto to bring any action to enforce the terms and covcnants of this agreement, it is agreed that thc prcvailing party shall be entitled to reasonable attorney fees to be set by thc Court. Said attorney's fees may include thc costs and salary paid by OWNER to the City Attorney or other in-house counsel. 3 8.6 OWNER must obtain written approval from CONTRACTOR for any subsequent use of any products resulting from this contract. The CONTRACTOR is and shall perform this agreement as an indcpcndent contractor, and as such, is responsible to the OWNER only as to the results to be obtained in the work hcrcin specified, and to the extent that the work shall be done in accordance with the terms, plans and specifications. Thc CONTRACTOR shall have and maintain complete control over all of its employces, subcontractors, agents and operations, being rcsponsible for any rcquircd payroll deductions and providing required benefits, such as, but not limited to, workman's compcnsation and unemployment insurance. 4 IN WITNESS WHEREOF, the parties hereto havc cxecuted this Agrcement the day and year first abovc written. Kcstrel Designs (Contractor) By Title City of Bozeman (Owner) ~ By~L~A.1 \ Title Chris A. Kukulski. Citv Manager SEAL AND ATTEST: BY~Z~ Title Robin Sullivan, Clerk of Commission STATE OF MONTANA ) SS. COUNTY OF GALLATIN