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Reso 2006-893
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Reso 2006-893
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Last modified
7/1/2010 9:41:42 AM
Creation date
7/26/2006 4:53:16 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2006-893
Date (mm/dd/yyyy)
02/16/2006
Description
Agreement w/ RAFAEL BARRIOS, Artist, SCULPTURE FOR TOWN CENTER PARK
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<br />b. CITY shall provide engineering expertise responsible for concrete foundation upon <br />which the sculpture will be installed (open hole, pour concrete, structural integrity of <br />base according to ARTIST'S weights and measures and other engineering <br />considerations). However, ARTIST shall be solely responsible for conducting any <br />and all inspections of the Site for purposes of ascel1aining the condition of same and <br />for the proper execution of the Work, and completion and installation of the Project. <br /> <br />c. When working on the Site, ARTIST shall perform such periodic clean up as may be <br />reasonably requested by the Contract Administrator. Upon completion, ARTIST shall <br />remove his equipment, excess materials, and waste promptly from the Site, as directed <br />by Contract Administrator. <br /> <br />2.11 ARTIST shall bear all transp0l1ation and storage costs resulting from the construction, <br />delivery and installation of the Project. <br /> <br />2.12 Title to the Project shall pass to the CITY following the Contract Administrator's inspection <br />of the Work and, if the Work is approved, upon Contractor's issuance of written final <br />acceptance of the complete installed Project. In furtherance of the foregoing, it is understood <br />that any risk ofloss or damage to the Work and/or the Project shall be the sole responsibility <br />and liability of ARTIST until such time as the Contract Administrator has issued a final <br />written acceptance of the Project. <br /> <br />2.13 Upon Contract Administrator's written final acceptance of the complete installed Project, all <br />documents related to the conception, proposal, fabrication, and installation of the Project, <br />including "as built" documents, shall be turned over to the Contract Administrator and <br />become the propel1y of CITY. ARTIST understands and agrees, that CITY shall be free to <br />exhibit and/or reproduce these documents as a record of ARTIST'S conception of the Work. <br /> <br />ARTICLE 3 <br />TERM and TIME OF PERFORMANCE <br /> <br />3.1 The term of this Agreement shall begin on the date it is fully executed by both parties. <br />Thereafter, ARTIST shall diligently execute the Work and shall deliver the completed <br />sculpture within ninety (90) working days from the date of execution. <br /> <br />3.2 Time shall be deemed to be of the essence in performing the duties, obligations and <br />responsibilities required by this Agreement. <br /> <br />3.3 The CITY, through the Contract Administrator, may grant a reasonable extension of time to <br />the ARTIST in the event that there is a delay on the part of the CITY in performing its <br />obligations or in completing the underlying CITY capital project resulting in a delay of the <br />Site being made available to ARTIST for proceeding with the Work, or if conditions beyond <br />the ARTIST'S control render timely performance of the ARTIST'S services impossible or <br />
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