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11
City of Pleasanton
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CITY CLERK
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2010
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090710
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11
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9/2/2010 2:15:56 PM
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CITY CLERK
CITY CLERK - TYPE
MINUTES
DOCUMENT DATE
9/7/2010
DESTRUCT DATE
15Y
DOCUMENT NO
11
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2) Artist shall give a minimum of 24 -hours notice to Randy Stewart, Senior <br /> Project Manager of O'Connor Construction Management at (925) 580- <br /> 1216, of the specific date and time when the Work will be delivered to the <br /> site. <br /> 3) Artist shall deliver the gift name plaques with back supports to the City <br /> within two months of the date of this contract. <br /> C. Installation. Artist and her subcontractors will install the Work at the <br /> Firehouse Arts Center. Artist shall remain on -site throughout the installation of the Work, and <br /> when installation is completed, the City shall inspect installation to ensure it was done to its <br /> satisfaction. <br /> 2. FEES. <br /> A. The City shall pay to the Artist, as the purchase price for the Work and the <br /> services to be rendered by Artist, the sum of $28,400.00, as described in the attached Exhibit B, <br /> Payment Schedule, to be paid in the following installments: <br /> 1) 50% of the purchase price ($14,200.00) upon execution of this <br /> Agreement; <br /> 2) 40% of the purchase price ($11,360.00) when a substantial amount of <br /> work has been completed on the project; <br /> 3) 10% of the purchase price ($2,840.00) upon installation and final <br /> acceptance by the City. <br /> This purchase price includes all of Artist's costs and expenses in carrying out her <br /> obligations hereunder including materials, design, transportation and <br /> communications regarding the Work. <br /> 3. RESPONSIBILITIES OF THE PARTIES. <br /> A. The Work shall be fabricated by the Artist in conformity with Exhibit A, <br /> subject to minor changes as are made necessary by the materials or the production process or as <br /> are deemed necessary or appropriate by Artist to carry out the overall design. City understands <br /> that it may not be possible to create the Work precisely as depicted in Exhibit A; however, if <br /> during the fabrication process, the Artist makes significant changes in size, imagery, finish, or <br /> other approved elements of the Work, the Artist will notify the City immediately in writing and <br /> will receive City's written approval prior to proceeding with changes. A significant change is any <br /> change in the scope, design, color, size, material, or texture of the Work which affects installation, <br /> scheduling, site preparation or maintenance for the Work or the concept of the Work as <br /> represented in Exhibit A. The City's approval may be given by its City Manager or the City <br /> Manager's designee. <br /> B. The Artist warrants that the Work, as fabricated, will be free from any defects <br /> in materials and workmanship, and that the Work is free and clear of any liens or encumbrances <br /> from any source and of any kind or nature whatsoever. The Artist hereby represents and warrants <br /> that the Work as fabricated, including the design and materials, is suitable to withstand without <br /> cracking, chipping, fading, or otherwise deteriorating, the climactic and environmental conditions <br /> Page 2 of 6 <br />
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