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Reso 2021-3256
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Reso 2021-3256
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Last modified
10/28/2021 12:03:09 PM
Creation date
10/28/2021 11:17:58 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2021-3256
Date (mm/dd/yyyy)
10/21/2021
Description
Approving an agreement w/ Szabo Artworks, Inc. for the design & construction of a custom art fountain sculpture for Meditation Garden at Town Cntr Prk
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additional costs from the City. <br />b. Payment Schedule <br />Artist's completion milestones and payment schedule is as set forth in Exhibit B, <br />Budget and Payment Schedule. <br />1.5 Fabrication Stage <br />a. The Artist shall fabricate and install the Artwork in substantial conformity with the <br />Final Design. The Artist may not substantially deviate from the approved Final <br />Design without written approval of the City. <br />b. The Artist shall notify the City in writing when fabrication of the Artwork has been <br />completed, and that the Artwork is ready for delivery to, and installation at, the Site. <br />c. The City shall promptly notify the Artist of any delays impacting installation of the <br />Artwork. Any additional costs incurred by the Artist due to any delays within the <br />reasonable control of the City shall be borne by the City except where the delay is <br />caused by the Artist. <br />1.6 Installation <br />a. Upon completion of fabrication, the Artist shall deliver and install the Artwork to the <br />Site in accordance with the Proposed Schedule/Timeframe included in Exhibit A, <br />Preliminary Design. <br />b. The Artist will coordinate closely with the City to ascertain that the Site is prepared to <br />receive the Artwork. <br />c. The Artist is responsible for timely installation of the Artwork. Artist may not install <br />the Artwork until obtaining written authorization from the City. <br />d. If the Artist does not install the Artwork himself, the Artist shall operate as the Project <br />Manager and be present to supervise the installation of the Artwork. <br />e. Upon completion of the installation, the City shall have fifteen (15) days to provide <br />acceptance in writing, or to inform Artist of the reasons the Artwork does not conform <br />to specifications. If the City fails to provide written acceptance of the Artwork or <br />reasons why the Artwork is not acceptable within the fifteen (15) day time limitation <br />set forth herein, the Artwork shall be deemed accepted and become the property of the <br />City, and upon acceptance the City assumes liability for any damage to the Artwork or <br />injury to persons or property caused by the Artwork or any activity related to the <br />Artwork. Notwithstanding the foregoing, the Artist shall be liable for any damage to <br />the Artwork or injury to persons or property caused by the Artwork or any activity <br />related to the Artwork as a result of the Artists failure to comply with Section 4.2. <br />f. Upon completion of the installation of the Artwork, the Artist shall provide the City <br />with written instructions for the future maintenance and preservation of the Artwork. <br />The City is responsible for the proper care and maintenance of the Artwork after <br />acceptance of the Artwork. <br />1.7 Completion <br />a. The Artist shall notify the City in writing when all Services as required of both Parties <br />by this Agreement have been completed in substantial conformity with the Final <br />Design and contract documents. <br />b. Title to the Artwork passes to the City upon completion of installation of the Artwork, <br />written acceptance by the City, and final payment by City to Artist ("Final <br />4 <br />
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