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ARTWORK COMMISSIONING AGREEMENT <br />This Artwork Commissioning Agreement (“Agreement”), dated effective August 15, 2025 <br />(“Effective Date”), is entered into by and between the City of Pleasanton (“Client”) and Mountain <br />Forge (“Artist”). Each of Artist and Client are sometimes referred to herein together as the <br />“parties” and individually as a “party”. <br />WHEREAS, desires to commission Artist for a large-scale, outdoor, public work of art, consisting <br />of a single mixed metals sculpture, as further described in Exhibit A (collectively, the “Artwork”); <br />and <br />WHEREAS, Artist desires to accept such commission to design, fabricate, transport, deliver and <br />permanently install the Artwork. <br />NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, <br />the parties agree as follows: <br />1.SCOPE OF WORK. <br />1.1 Artist will design, fabricate, transport, deliver and permanently install the Artwork at Delucchi <br />Park (the “Project”), as set forth in Artist’s proposal attached hereto as Exhibit B (the “Proposal”) <br />and made part of this Agreement. Except as to the results of the work, Artist will determine the <br />manner and method in which it completes the Project and will at its expense provide all <br />resources, equipment, materials and personnel required for timely completion of the Project, <br />except as otherwise set forth herein. Notwithstanding the foregoing, Client shall have the right to <br />inspect the Artwork in progress upon reasonable prior notice to Artist. <br />1.2 The Artists preliminary design concept has been approved by the Client preceding this <br />agreement. The Artist reserves the right to modify the scope, design, size, or material and <br />imagery from the preliminary concept of the Artwork to the the Final Design Proposal of the <br />Artwork, as necessary. Throughout the development of the Final Design Proposal, the Artist <br />intends to maintain the aesthetic intent of the preliminary concept and the Project in its entirety. <br />1.3 Both Parties acknowledge that the scope of work is being performed under the context of <br />the City of Pleasanton project: Delucchi Park located at 4501 First Street, Pleasanton California <br />94566. The Artwork Proposal has been reviewed and accepted by the City of Pleasanton, at its <br />July 15, 2025 regular City Council Meeting, naming the Client as the Commissioning Agency for <br />the Artwork and authorizing the installation of the Artwork at Delucchi Park. <br />2. ARTIST REPRESENTATIONS AND WARRANTIES. <br />2.1 Artist represents and warrants to Client that:
 <br />(a) it is properly licensed and equipped to complete the Project.
 <br />(b) it will complete the Project in accordance with (i) the specifications set forth in the Proposal <br />(ii) due care (iii) the highest degree of professionalism and (iv) all laws and regulations <br />applicable to its performance under this Agreement.
 <br />(c) any works provided hereunder are all original, new work and do not infringe any third party <br />intellectual property rights.
 <br />(d) it will comply with all standard Client rules and policies of which it has been made aware in <br />writing prior to its completion of the Project. <br />3. TIME OF COMPLETION AND FORMAL ACCEPTANCE; INSTALLATION. <br />ARTWORK COMMISSIONING AGREEMENT page 1 <br />Docusign Envelope ID: 1E0CB645-5270-47AA-87EB-8D8E57759177Docusign Envelope ID: 04C40C7C-1D5C-40F8-AB54-E2C7D9B79ACC