Common use of Design Proposal Clause in Contracts

Design Proposal. 2.2.1 The Artist shall carry out such reasonable Site inspections, interviews, and research as may be necessary, including meetings with representatives from Texas Tech in order to prepare a Design Proposal (the “Design Proposal”) for the Work. Texas Tech shall make available to the Artist the necessary background materials and information on matters affecting the Site and installation of the Work including, where applicable, the most recent written requirements and specifications for the Work and the project design documents for the underlying capital project. It is the intent of the Parties that Texas Tech and the Artist shall establish a close and cooperative consultation throughout the duration of this Contract. 2.2.2 The Artist has submitted a preliminary Design Proposal to Texas Tech dated Date, attached as Exhibit A. The Design Proposal submitted to Texas Tech for its approval included the following: 2.2.2.1 Project narrative (conceptual description); 2.2.2.2 Description of the material(s) to be used in fabrication; 2.2.2.3 Dimensions of the Work; 2.2.2.4 Rendering(s) of the proposed work(s) of art; 2.2.2.5 Plans for production including fabrication, transportation, and installation; 2.2.2.6 Maintenance and technical information; 2.2.2.7 Project schedule; and 2.2.2.8 A well-defined budget, not to exceed $00,000.00. The budget is all inclusive. The budget must include the Artist fee, insurance, travel, engineering, materials, fabrication, packing, shipping, installation, post-installation documentation, and contingencies. 2.2.3 Texas Tech shall, within thirty (30) days following the next regularly scheduled University Public Art Committee meeting after the Artist’s submission and presentation of the Design Proposal, notify the Artist whether the Committee approves or disapproves the Design Proposal. During this period the Artist shall be available as reasonably required to meet with Texas Tech representatives to discuss the Design Proposal. 2.2.4 If Texas Tech approves the Design Proposal, it must receive all necessary documents, such as the required insurance, and deem the documents satisfactory, before the Artist is issued a Notice to Proceed for procurement of materials, fabrication and engineering. Upon acceptance by Texas Tech, the Design Proposal and all associated documents shall be incorporated into this Contract. 2.2.5 If Texas Tech does not approve the Design Proposal, it shall provide the Artist with a statement in writing of its reasons for its disapproval. In such an event, the Artist shall be afforded an opportunity either to submit a second Design Proposal for the Work within a reasonable period of time specified by Texas Tech, or to terminate this Contract. Within thirty (30) days following such submission by the Artist, Texas Tech shall notify the Artist in writing whether it approves or disapproves the Design Proposal. If Texas Tech also disapproves the second Design Proposal, it shall provide the Artist with a statement in writing of its reasons for disapproval, whereupon this Contract shall terminate. 2.2.6 In the event of termination of this Contract pursuant to this Section 2.2, the Artist shall retain the Design Proposal(s) and all compensation paid to the Artist, up to and through the date of termination, per the fee schedule in Section 4.1, and neither Party shall be under any further obligation to the other with respect to this Contract.