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Crossroads Printing ServicesAGREEMENT FOR PRINTING SERVICES This AGREEMENT, made on this 4'day of June, 2005, in Salina, Kansas between the City of Salina, Kansas, hereinafter referred to as the "OWNER", and World Graphics, hereinafter referred to as the "PRINTER". RECITALS OWNER wishes to obtain the printing services of PRINTER for a PROJECT involving the printing and installation of murals and floor graphics for the Crossroads of the Heartland gallery renovation. PRINTER has negotiated the terms of such an Agreement with OWNER and has agreed to the terms as set forth hereafter. AGREEMENT The parties hereby agree as follows: 1. TERM OF AGREEMENT OWNER hereby retains PRINTER and PRINTER accepts such responsibilities for the printing and installation of seven murals and floor graphics for the Smoky Hill Museum, Salina, Kansas. PROJECT period will commence July 1, 2005 and terminate with installation of all murals by October 31, 2005. 2. SCOPE OF SERVICES PRINTER agrees to complete the PROJECT, as specifically set forth: A) Print and install seven large scale, full color, high resolution prints with laminate overlay. B) Print and install the following seven murals and floor graphics: 1) Digital mural (Jerkovich photograph): 8' x 24' 2) Digital mural (Indian village): 8' x 11'8" 3) Floor graphic (robe design): 10' diameter 4) Digital mural (early trails): 8' x 14'3" 5) Floor graphic (city plat): 6' x 8' 6) Digital mural (troop train): 6'4" x 11' 10" 2 7) Digital mural (Kansas map): 7' x 9' C) Adhere to the following quality standards: 1) All murals will be printed in high resolution and free of pixilation 2) Print on pressure sensitive cast vinyl, with a 5 mil polycarbonate over laminate for digital murals and 15 mil polycarbonate over laminate for floor graphics 3) Use UV stable ink in full color 4) Provide the highest quality resolution scan of historic photographs and enlargement of digital files from outside sources D) Provide printing and installation of murals and floor graphics as prescribed in the following schedule of work: Mural Installation Completed By Digital mural (Jerkovich photograph) July 21, 2005 Digital mural (Indian village) July 21, 2005 Floor graphic (robe design) July 21, 2005 Digital mural (early trails) July 21, 2005 Floor graphic (city plat) October 31, 2005 Digital mural (troop train) October 31, 2005 Digital mural (Kansas map) October 31, 2005 E) CONTRACTOR agrees to abide by the City of Salina's Contractor's Insurance Requirements. OWNER agrees to provide to PRINTER: A) OWNER will work with the PRINTER to provide the highest quality historic photographs available. B) OWNER will provide access to the Smoky Hill Museum building to install the murals and floor graphics. C) OWNER will handle PRINTER'S requests for information in a timely manner to avoid delays. 3. PERFORMANCE OF DUTIES 3 PRINTER agrees that he, and any person representing him, shall perform at all times faithfully, industriously, and to the best of their ability, experience, and talents, all of the duties that may be required to complete the project described hereunder and shall devote such time to the performance of such duties as may be necessary. 4. PRINTER'S COMPENSATION AND SCHEDULE The OWNER shall pay an amount not to exceed seven thousand two hundred ninety-nine dollars ($7,299) for services provided by the PRINTER under this Agreement. OWNER shall pay PRINTER according to the terms and schedule set forth. A) Each check to PRINTER shall be made payable to: World Graphics, 2020 W. 21St N., Wichita, KS 67203. B) OWNER shall make payments to the PRINTER according to the following schedule: 1) An initial payment of $3,649.50 shall be made upon beginning the contracted work. Subsequent payment shall be made based on successful completion of installed prints at the following amounts: a) Digital mural (Jerkovich photograph): $905.50 b) Digital mural (Indian village): $503.50 c) Floor graphic (robe design): $512.50 d) Digital mural (early trails): $598.50 e) Floor graphic (city plat): $288 f) Digital mural (troop train): $453.50 g) Digital mural (Kansas map): $388 2) PRINTER will bill OWNER for each installment. Payments will be made by OWNER within thirty (30) days after receipt of PRINTER'S invoice. C) All payments shall be subject to OWNER'S review of workmanship and conformance with Scope of Consultant's Services, as included in Section 2. 5. NON -ASSIGNMENT Neither party may assign any of its rights under this Agreement without the prior written consent of the other party. rd 6. DEFAULT AND REMEDIES If the PRINTER willfully or negligently fails to fulfill in a timely and proper manner, or otherwise violates any of the covenants, agreements, or stipulations material to this Agreement, the OWNER shall have the right to give written notice of default to the PRINTER, defining the default(s) and date by which the default(s) must be remedied to avoid termination of this Agreement. The PRINTER shall have thirty (30) calendar days after receipt of the notice to remedy the default(s). Defaults may include, but are not limited to: failure to present a PROJECT for review by the OWNER in accordance with the Scope of Services in Section 2. 7. TERMINATION A) The OWNER may, at its option, without further notice or demand upon PRINTER, immediately cancel and terminate this Agreement and terminate each, every and all of the rights of PRINTER and of any and all persons claiming by or through PRINTER under this Agreement, if any of the following events occur: 1) At any stage of the work the PRINTER abandons the PROJECT; or 2) PRINTER defaults in the performance of the Agreement, as described in Article 6 of this Agreement, and fails to remedy such default within thirty (30) calendar days following the service on the PRINTER of a written notice from the OWNER specifying the default(s) complained of and the date on which its rights will be terminated as provided if such default(s) are not remedied. B) In the event the OWNER elects to terminate this Agreement, the OWNER shall pay PRINTER the reasonable value of completed portions of work that have been inspected and accepted by OWNER up to the date of termination, but not to exceed the amounts as scheduled in the Agreement. All finished and unfinished products prepared for submission by the PRINTER under this Agreement shall at OWNER'S option become its property. PRINTER shall also completely absolve himself of all credit to PROJECT reproductions, transfer all copyright in PROJECT to OWNER, and grant OWNER with irrevocable license to complete the PROJECT. 8. MODIFICATIONS This agreement represents the entire agreement between the OWNER and PRINTER and supersedes any and all prior negotiations and agreements either written or oral. Modification to this contract may be made by mutual agreement and must be made in writing. IN WITNESS WHEREOF, the parties have executed this Agreement on the date written below. OWNER: CITY OF SALINA, KANSAS By: Dennis M. Kissinger Title: City Manager Date: �O PRINTER: WORLD GRAPHICS, WICHITA By: Mike Edwards Title: () U ,J 5-N L �-- Date: -� � 0 5 Contractor's lnsur�ance Salina Recruiremen is The following requirements shall not be construed to limit the liability of the Contractor or It's insurer(s). The City does not represent that the specified coverages or limits of insurance are sufficient to protect the Contractor's interests orliabilities. Required coverages are to be maintained without interruption from the date of the commencement of the work until date of final payment and termination of any coverage required to be maintained after final payment. Questions regarding these requirements should be directed to Nancy Schuessler, Risk Management Specialist at (785) 309-5705. Commercial General Liability Insurance The Contractor -shall provide public liability i P p ty insurance coverage in an amount no less than $500,000 covering the liability of the Contractor and any and all consultants, agents, independent contractors, etc. which are employed or retained by the Contractor, on an occurrence basis.. The insurer must be acceptable to the City of Salina. Upon review of each project, the Risk Management Department may require higher or lower coverage limits. In lieu of the above.coverage, -the Contractor may provide coverage for his own firm in the above amount or an additional amount and submit proof all his consultants, agents and independent contractors have insurance deemed adequate by the City of Salina. Automobile Liability The Contractor shall provide coverage protecting the contractor against claims for bodily injury and/or property damage arising out of the ownership or use of any owned, hired and/or non - owned vehicle. Required minimum limits: $500,000 each accident, combined single limits, bodily injury and property damage. Worker's Compensation Before beginning work, the Contractor shall furnish to the City satisfactory proof that he has taken out, for the period covered by the work under this contract, full workers' compensation coverage as required by state law for all persons who he may employ, directly, or through subcontractors, in carrying out the work contemplated under this contract, and shall hold the City free and -harmless for all personal injuries of all persons who the contractor may employ directly or through subcontractors. Certificate(s) of Insurance Certificate(s) of Insurance acceptable to the City shall be filed with the City at the time the contract between the City and the Contractor is executed. These certificates shall contain a provision that coverage afforded under the policies will not be cancelled or substantially changed until at least thirty (30) days prior written notice has been given to the City and acknowledged. Note: if the Contractor is subject to worker's compensation law a certificate shall be provided. Notice of Claim The Contractor, upon receipt of notice of any claim in excess of $1,000 in connection with this contract shall promptly notify the Risk Management Department, (785) 309-5705, providing full details thereof, including an estimate of the amount of loss or liability. Indemnification Clause t The Contractor agrees to indemnify and save harmless the City, its officials, agents, servants, officers, directors and employees from and against all claims, expenses, demands, judgements and causes of action for personal injury or death or damage to property where, and to the extent that, such claims, expenses, demands judgement or causes or action arise from the Contractor's negligent acts. Rev. 1/05