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HomeMy WebLinkAboutC01-263 Provisions of graphics and printing services with Eagle Valley Printing - ECOC-00 PY AGREEMENT REGARDING PROVISIONS OF GRAPHICS AND PRINTING SERVICES THIS AGREEMENT is dated as of the oday of Septe,�aer , 2001, by and between the Eagle County Regional Transportation Authority (hereinafter called "ECO "), and Eagle Valley Printing & Graphics (hereinafter called "EVPG "). RECITALS A. ECO desires to have its 2001 winter bus schedules designed and printed by November 2, 2001. B. EVPG is a company authorized to do business in the State of Colorado and has expertise in the graphics design and printing industry. C. EVPG has submitted to ECO a proposal for performing the Services (defined below) and represented that it has the expertise and personnel necessary to properly and timely perform the Services, D. ECO and EVPG intend by this Agreement to set forth the scope of the responsibilities of the parties. NOW THEREFORE, ECO and EVPG, in consideration of the mutual covenants set forth, agree as follows: ARTICLE 1- WORK EVPG shall provide all labor, materials and equipment necessary to perform the graphics design and printing services for the 2001 winter bus schedule described more particularly in the Solicitation for Costs Proposal: Graphics Work and Printing Services issued August 22, 2001, attached hereto as Exhibit "A" and incorporated herein ( "Services "). The parties hereto recognize that the scope of the Services may change in that requested routes requiring three colors for printing may be changed to two colors as suggested by EVPG at a cost savings of twenty percent (20 %) to ECO. Such change shall not occur until such time as ECO has authorized the same in writing. ARTICLE 2 - CONTRACT TIME 2.1 EVPG shall complete the Services and deliver the required quantities by November 2, 2001. The parties hereto recognize that additional reprinting of the schedules may be required between December 25, 2001, and April 25, 2002. Upon request by ECO, Page 1 G C EVPG will diligently work to deliver these reprints as expeditiously as reasonably possible. 2.2 LIQUIDATED DAMAGES: ECO and EVPG recognize that time is of the essence of this Agreement and that ECO will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 2.1 above. They also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by ECO if the Work is not substantially complete on time. Accordingly, instead of requiring such proof, ECO and EVPG agree that as liquidated damages for delay (but not as a penalty) EVPG shall pay ECO Two Hundred dollars (1200.00) for each day that expires after the time specified in paragraph 2.1 for completion until the Work is complete. ARTICLE 3 - CONTRACT PRICE The fiends appropriated for this project are equal to or in excess of the contract amount. ECO shall pay EVPG for performance of the Services in accordance with the Proposal Form and Estimate submitted by EVPG, attached hereto as Exhibit `B" and incorporated herein. Specifically, upon delivery EVPG shall invoice ECO for the costs of performing the Services in an amoluit not to exceed $9,455.00 if three colors are used in various route schedules or in an amount not to exceed $8636.40 if two colors are used in all route schedules. Additionally, EVPG shall invoice ECO for any requested reprinting costs in an amount ranging from $175.00 to $260.00 per 1000 reprinted schedules depending on the number of colors used in printing. ARTICLE 4 - PAYMENT PROCEDURES EVPG shall invoice ECO upon completion of performance of the Services. ECO shall pay amounts due hereunder within thirty (30) days of invoice receipt. ARTICLE 5 - CONTRACT DOCUMENTS The Contract Documents which comprise the entire Agreement are made a part hereof, and consist of the following: 5.1 This Agreement (Pages 1 to 4, inclusive). 5.2 Solicitation for Cost Proposal: Graphics Work and Printing Services. 5.3 Proposal Form executed by EVPG 5.4 EVPG Estimate dated September 4, 2001. Page 2 f l There are no Contract Documents other than those listed above in this Article 5. The Contract Documents may only be altered, amended, or repealed by an executed, written amendment to this Agreement. ARTICLE 6 - MISCELLANEOUS 6.1 No assignment by a party hereto of any rights under, or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 6.2 Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in the Contract Documents. 6.3 ATTORNEY'S FEES: In the event of litigation between the parties hereto regarding the interpretation of this Agreement, or the obligations, duties or rights of the parties hereunder, or if suit otherwise is brought to recover damages for breach of this Agreement, or an action be brought for injunction or specific performance, then and in such events, the prevailing party shall recover all reasonable costs incurred with regard to such litigation, including reasonable attorney's fees. 6.4 APPLICABLE LAW: This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and venue of any suit, right, or cause of action arising under, or in connection with this Agreement shall be exclusive in Eagle County, Colorado. 6.5 INTEGRATION: This Agreement supersedes all previous communications, negotiations and /or contracts between the respective parties hereto, either verbal or written, and the same not expressly contained herein are hereby withdrawn and annulled. This is an integrated agreement and there are no representations about any of the subject matter hereof except as expressly set forth in the Contract Documents. 6.6 INDEPENDENT CONTRACTOR: It si expressly acknowledged and understood by the parties hereto that nothing contained in this Agreement shall result in, or be construed as, establishing an employment relationship. EVPG shall be, and shall perform as, an independent contractor. No agent, subcontractor, employee, or servant of EVPG shall be, or shall be deemed to be, the employee, agent or servant of ECO. EVPG shall be solely and entirely responsible for its acts and for the acts of EVPG employees during the performance of this Agreement. Page 3 6.7 NOTICE: Notice shall be provided to the respective parties by being given to the persons at the addresses as follows, until changed by notice: To ECO: To EVPG: Jim Lair ECO Transit P.O. Box 1070 Gypsum, Colorado 81637 telephone: 970 - 328 -3520 fax: 970 - 328 -3539 Nick Nikolich Eagle Valley Printing & Graphics P.O. Box 3905 Eagle, Colorado 81631 telephone 970- 328 -4303 telefax 970 - 328 -0257 Written notices shall be delivered personally, by commercial messenger service or by prepaid U.S. mail. Notices also may be given by facsimile transmission provided an original is also promptly delivered. IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective on the date first above written. ,- --� Z". BY: %"" _ J air E Page 4 eco.,tra�sif eagle county regional transportation authority Eagle County Regional Transportation Authority Solicitation for Cost Proposal: GRAPHICS WORK AND PRINTING SERVICES Issued August 22, 2001 VQf L (f GGUl 10. G7 7(U- 11JZO -3a3-j tUU 1NAN51I & 1HAILS Cz PROPOSAL FORM This proposal is due to ECO Transit by September 7, 2001 at 5:00 PM. PAGE @5 Prices shall exclude sales tax, as ECO is tax exempt. A reprinting between December 25, 2001, and April 25, 2002, may be required for some of the schedules. Please include a reprinting price per thousand schedules. A reprinting would not involve any changes in the schedules. Prices are assumed to include specifications set forth on the pages of this document. If you as a potential printer recommend deviations from any of the specifications listed on the previous page, please make such a notation and attach it to this form. Description Quantity Price Price/1000 Reprinting Route 1 Schedule 15,000 $ O� 00 -* $ a6o o 0 Route 2,3,4,5 Schedule 5,000 $ !gg°1 . `-0 $ X60 °P' Route 5 Schedule 35,000 $ ✓12� ° $ 175- Route 7 Schedule 25,000 $22 -3 = $ 17S Total Bid for first printing $'TYf5" w Company 0 9 P �r�q€�rMvs ESTIMATE TO: Jim Lair / ECO TRANSIT FR: Nick RE: Bus Schedules 2001 9/4/01 Based on your Request For Bid dated 8/27. Specifications based on 11 x17 finished size, folded to #10 letter size Colors as indicated. Price include all typesetting, design and standard round of proofs Price also includes folding Text, maps for schedules to be frunished on ECO. All on white 60# offset paper • Route 1 15,000 3 colors /2 sides $2,806.00 • Route 2,3,4,5 5,000 3 colors /2 sides $1,287.00 Route 6 35,000 2 colors /2 sides $3,128.00 Route 7 25,000 2 colors /2 sides $2,234.00 *COST SAVING SUGGESTIONS: 1) On the 3 -color routes (1 thru 5) you can reduce the cost by 20% if you use only 2 colors on the initial printing. This would be a savings of over $800 and you would still be able to differentiate between the schedules. l� e "L COMMERCIAL PRINTING • COPIES . GRAPHIC DESIGN