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HomeMy WebLinkAbout07- Contract Agreement Update of Bicycle Route Map for the City of Bozeman, 2007 ~ CONTRACT AGREEMENT UPDA TE OF BICYCLE ROUTE MAP FOR THE CITY OF BOZEMAN THIS CONTRACT AGREEMENT is dated as of the 23rd day of April in the year 2007 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, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract. The Project Work is generally described as follows: 1.1 Camera ready images required to produce a 2lx 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 of 7500 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 Article 2. CONTRACT TIME. 2.1 The Work will be completed within ninety (45) calendar 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. Article 3. CONTRACT PRICE. 3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents the sum (subject to adjustment as provided in the Contract Documents) of one thousand five hundred ($1,500) dollars for the camera ready map and three thousand four hundred and ten ($3,410) for the printing and delivery of 7500 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 ready 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 for 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. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 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 affect 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 defective Work, whether or not in place, may be rejected, corrected, or accepted. Article 8. MISCELLANEOUS. 8.1 This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the OWNER and the CONTRACTOR respectively and his partners, successors, assigns, and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to assign, transfer or sublet his interest or obligations hereunder without written consent of the other party. The Owner reserves the right to withdraw at any time from any subcontractor whose work has proven unsatisfactory the right to be engaged in or employed 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 enforce any of the terms 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 fees, salary, and costs of in-house counsel. 2 . IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. By Title City of Bozeman (Owner) J (\ 1\ (\ "- ByC~;t7~ Title Chris A. KukuIski, City Manager SEAL AND A TrEST: STATE OF MONTANA ) SS. COUNTY OF GALLATIN ) 4 ~ 8.3 This agreement contains the full understanding of the parties. Any amendment of modifications of the Agreement or any provisions herein shall be made in writing and executed in the same manner as this original document and shall after execution become a part of the Agreement. 8.4 The CONTRACTOR hereby agrees to indemnify and hold the OWNER harmless, including attorney's fees, from all claims and liability due to the activities of CONTRACTOR, their agents, employees, or both, in perfomling the work required. Said attorney's fees may include the costs and salary paid by OWNER to City Attorney or other in-house counsel. 8.5 A TTORNEY FEES. In the event it is necessary for any of the parties hereto to bring any action to enforce the terms and covenants of this agreement, it is agreed that the prevailing party shall be entitled to reasonable attorney fees to be set by the Court. Said attorney's fees may include the costs and salary paid by OWNER to the City Attorney or other in-house counseL 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 independent contractor, and as such, is responsible to the OWNER only as to the results to be obtained in the work herein specified, and to the extent that the work shall be done in accordance with the terms, plans and specifications. The CONTRACTOR shall have and maintain complete control over all of its employees, subcontractors, agents and operations, being responsible for any required payroll deductions and providing required benefits, such as, but not limited to, workman's compensation and unemployment insurance. ',- .,. :,.....~- ,. ---.......... - -- ,~:::. ~ " r:::...::_/~ /.. - '.-.-- ---:,-=-- -,~--~~, - ~ /:. -=:;-~-~, ~--~-~ -~~-_. ~z "'~:--:->' ~. ."'.,.. ''''''...... - - .... ~~ .., -:/: '-:~'~~. . 3