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Home My WebLink About4814 Contract Number: 4814 Vendor: COMMUNICATION ARTS INC Subject: Design Services - Streetscape - 4 th & Pacific Department: Econ Devel File Class: LEG 12-1 Begin Date: 03/11/2009 End Date: 12/31/2009 Review Date: 02/15/2011 Vault Date: 01/Ol/2011 Comments : " t.. ~ comm :tlC~~ AUTHORIZATION FOR PROFESSIONAL SERVICES DATE: March I I, 2009 CLIENT: Gary Sexton, City of Bremerton PROJECT NO: 2630.105 PROj ECT: City of Bremerton Streetscape: Intersection of Pacific and 4th St. SCOPE OF SERVICES: Professional services include Conceptual Design for the streetscape design at the Intersection of Pacific and 4th Street in the Harborside District of Bremerton, Washington. Pacific is the main street that connects Harborside Park and Evergreen Park. The streetscape on both sides of this intersection has already been developed. The purpose of this scope of services is to unify the street by completing this intersection, which is the heart of the area, and make it a more pedestrian friendly environment. CommArts will provide concepts as hand drawn sketches over photographs and/or computer generated sketches. Two directions will be organized and presented as an Ideapak ™ suitable for discussion with the municipality and or other parties involved in the selection of a direction. CommArts will present the Ideapak ™ using a combination of teleconference and web-based conference systems at 50% and 100% completion. The 50% Concept Design is a check-in with the Client to make sure that the two directions pursued are within the range of the client's expectations. Travel to Bremerton would be an additional service. Co m mArts' Fee: Estimate Reimbursable Expenses: $ 4,500 $ 450 Please note that reimbursable expenses and direct costs will be invoiced in addition to professional fees, as detailed on the following page. Communication Arts, Inc. > 1112 Pearl Street Boulder, CO 80302 USA> TEL 303.447.8202 FAX 303.440.7096 ~ @ comm~rlc~ I. FEE SAN D COM PEN S AT ION A. Fees CommArts Incorporated (CAI) professional fees are provided on a fixed fee basis. Long distance travel time is billed at one-half the standard hourly rate. B. Reimbursable Expenses Reimbursable expenses are invoiced in addition to the fee for services and shall include actual expenditures made in the interest of the project. Transportation and other travel-related expenses are billed at cost. Direct expenses such as computer output, color copies. courier services, fabrication, printing, photography, long distance, consultants, etc., are invoiced at cost plus 10% for administrative handling. Mileage is billed at the allowable rate established by the IRS, now set at $0.585 cents per mile. C. Additions or Changes CAI will endeavor to perform professional services for the fees which have been outlined in this WorK Authorization. However, if CAI is requested to make any additions or revisions to schedules. specifications. design parameters or any form of project implementation. or if changes are caused by strikes, fabricators' price increases, or other causes not within the control of CAI. Client shall pay CAI in accordance with CAl's hourly rates. Additional worK beyond the scope of worK defined herein shall be approved in advance by Client. D. Delays If a project is delayed for more than one month, CAI reserves the right to renegotiate professional fee estimate in order to accommodate the additional stop/start time. E. Opinion of Probable Cost Since CAI has no control over constructionlfabrication costs, the estimates of cost for the project provided for herein are made on the basis of experience and qualifications. They represent the best judgments of design professionals familiar with the construction/fabrication process. but cannot and do not guarantee that proposals, bids or the project construction/fabrication costs will not vary from prepared cost estimates II. PAY MEN T Initial payment of $N/A is required upon execution of the Authorization. This payment will be credited to the final billing under the Authorization. Monthly payments are due upon receipt ofthe invoice. Payment not received within 30 days of the invoice date will bear interest at the rate of one percent (1.0%) per month until paid. The provision for the payment of interest shall not be construed as authorization for late payments. Client's failure to make timely payments shall be cause for suspension of services. No materials produced during the project will be released, and no license, copyright or patents relating to the project will be granted until full payment has been received. CAI shall be entitled to reimbursement of all costs actually incurred in collecting overdue accounts under this contract, including and without limitation, legal fees. III. G ENE R A L T E R M S A. CAI is prepared to begin this program immediately upon approval of the terms put forth in this Authorization. This Authorization for our services is valid for 30 days from the date shown above. This Authorization is subject to renegotiation if acceptance is not made within 30 days. The fees and terms shall remain in full force and effect for one year from the date of signature of this Authorization, and shall be subject to revision at that time, or any time thereafter, ~ CAI gives written notice to the other party at least 60 days prior to the requested date of revision. In the event that the parties fail to agree on new rates, either party may tenninate this Authorization by giving the other party seven days written notice. Client's submission of any purchase order after its receipt of this Agreement shall constitute Client's acceptance of the tenns and conditions of this Agreement, whether or not this Agreement is formally executed by Client. If any purchase order submitted by Client purports to vary or supplement the terms and conditions of this Agreement, the terms and conditions of this Agreement shall nonetheless remain applicable, and no provision of such purchase order (other than the order for services ordered therein) shall be applicable or binding upon the parties, unless such term or condition is specifically agreed to in writing by CAI. By: Name: Title: President Date: March II, 2009 Date: March II. 2009 Job No 2630.105 Page: 2 B. Termination This Authorization may be terminated by either party by giving written notice of default to the other party should the other party commit fraud or fail substantially to perform its obligation in accordance with the terms hereof through no fault of the sending party. The receiving party shall have 7 days from receipt of the notice of default in which to correct or remedy such default. If the default remains uncorrected after this 7 day period, this authorization shall terminate. In the event of termination, CAI shall be paid compensation for all services perlormed to termination date, including reimbursable expenses then due and all terminal expenses. C. Publicity Accurate credit is required whenever the project is published or exhibited. Specific written authorization is required for all publicity which utilizes CAI's name in connection with project promotion. D. Ownership of Documents As instruments of service, all documents, including original drawings, finished artworK (including art boards and/or electronic artworK on disk), estimates, specifications, field notes, photographs, and data are and remain the copyrighted property of CAI. Reuse of project documents for extensions of the project, or for new projects, shall require written permission of the copyright owner, CAI, and shall entitle CAI to further compensation at a rate to be agreed upon by Client and CAI. Further, ~ Client reuses artWork, plans and/or specifications at any other time or in any other location, and/or for any purpose other than the project covered under the Authorization, Client shall hold CAI harmless from and against any claims for loss or damages resulting from failure, omission, or application of the aforesaid artwork, plans and specifications to accommodate any particular conditions encountered in connection of such reuse. Client agrees to allow CAI reasonable use of all documents, drawings, photographs and all other materials generated during the term of this Authorization in CAl's marKeting materials. E. Authorization for Printing and Production Client is responsible for checking design, layout and typography -- including dimensions, accuracy, spelling, punctuation and copyright -- in final artworK or documentation. ArtworK released for printing or production at the request of Client without signature of approval and authorization to proceed will be the sole responsibility of Client. In any case, Client agrees to indemnify and hold CAI harmless for any claims resulting from errors or omissions in artWork or documentation. Futher, Client is aware that written copy, illustrations, photographs, stock photographs or other original artworK developed for or used by Client may contain copyrighted material owned by persons or entities other than CAI. In the event Client uses copyrighted material without first obtaining permission, and a claim is made by the owner against CAI as a result, Client shall indemnify CAI against all claims and expenses incurred by CAI including attorney's fees incurred by CAI in defense of such claim. F. Relationship CAI is an independent contractor for Client. This agreement shall not be deemed to create a partnership, joint enterprise or employment between the parties. G. Successors and Assigns Client and CAI each binds himseW and his partner, successors, executors, administrators and assigns to the other party of this Authorization and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Authorization and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Authorization; except as above, neither Client nor CAI will assign, sublet or transfer his interest in this Authorization without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto, nor shall it be construed as giving any right of benefits hereunder to anyone other than Client and CAI. H. Disputes In the event either party brings suit to enforce any provisions of this agreement, the prevailing party shall be entitled, in addition to any awarded damages, reasonable attorney's fees, deposition expenses and other court costs in connection with the suit. The venue for any suit or dispute arising from this agreement shall be in the state of Colorado. In no instance will the liability of CAI exceed the total of fees-for-services paid to CAI by Client during the term of this agreement. I. Entirety of Agreement This writing contains the entire agreement between the parties. The validity, performance, construction and effect of this agreement shall be governed by the laws of the state of Colorado. Name: Title: )/ R. I 2),. -Y' Date