Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Item 4.09 EmerGlenArtInPark
CITY CLERK File # 600-30 AGENDA STATEMENT CITY COUNCIL MEETING DATE: April 2, 2002 · SUBJECT: Agreement for Emerald Glen Park Art in the Park Project Report by Diane Lowart, Parks & Community Services Director ATTACHMENTS: 1. Letter of Interest 2.. Agreement RECOMMENDATION: ~,~,,~:~uthorize Mayor to Execute Agreement FINANCIAL STATEMENT: There is no cost to the City to execute the Agreement. The total cost for the artwork is $100,000. The Dublin Fine Arts Foundation, as part of the Fiscal Year 2002-2003 Budget Request, will be asking the City to contribute 25% of the cost of the artwork. Of this amount, $12,500 will be expended in Fiscal Year 2002-2003 and $12,500 will be expended in Fiscal Year 2003-2004. DESCRIPTION: In September of 1993 the City Council gave conceptual approval to the Dublin Fine Arts Foundation's proposed "Art in the Parks" program. The goal of the "Art in the Parks" program is to enhance City parks through the placement of artworks appropriate to each park's history, location, size and use. Since that time, the Foundation has completed commissions in Alamo Creek, Stagecoach, Mape Memorial and Kolb Parks. Additionally, the sculpture Sirius was permanently relocated to Shannon Park and a project is underway at Ted Fairfield Pmk. At the January 16, 2001 meeting of the Dublin City Council, the Council approved the request of the Dublin Fine Arts Foundation to pursue an Art in the Park project for Emerald Glen park. As proposed by the Foundation, the Board would select an artist to work with the City's design consultant for Emerald Glen Park, Phase II. The artist would work with the design consultant to integrate art during the design phase. The final design would be presented to the Heritage and Cultural Arts Commission, Parks and Community Services Commission and City Council for approval. The Dublin Fine Arts Foundation Board has completed the artist selection process for Emerald Glen Park. Included in the selection process was one representative each from the Heritage and Cultural Arts Commission and Parks and Community Services Commission. Six artists were interviewed and Ned Kahn of Sebastopol, California was selected. Ned Kahn has been creating public artworks that encourage people to observe and interact with natural phenomena such as flowing water, wind, fog and light for the last 18 years. Almost all of his projects were developed in collaboration with various architects, landscape architects and engineers. For the Emerald Glen Park commission, Mr. Kahn proposes creating a sculpture that would be installed in or near F:\EMRLDGLE~artwork\cc 4-2-02 agreement.doc COPIES TO: Dublin Fine Arts Foundation Parks & Community Services Commission Heritage and Cultural Arts Commission ITEM NO. the proposed lake and would somehow be activated by natural forces in the park. The Letter of Interest submitted by Mr. Kahn as well as a summary of previous commissions and exhibitions is Attachment 1. Attachment 2 is the proposed Agreement Among the Dublin Fine Arts Foundation, the City of Dublin and Ned Kahn Relating to the Provision of Artistic Services for a Public Art Project. The Agreement was prepared by the City Attorney and reviewed by the Dublin Fine Arts Foundation and Artist. The Agreement outlines the responsibilities of the City, the Foundation and the Artist. As outlined in Exhibit A of the Agreement, the Artist shall work with the City's Architect to properly integrate the artwork with the design of the park. After collaboration with the Architect, the Artist shall develop a design proposal for review by the Dublin Fine Arts Foundation. The design proposal will then be forwarded to the Heritage and Cultural Arts Commission, Parks and Community Services Commission and City Council for approval. The City Council, in its sole discretion, may accept or reject the proposal. It is the recommendation of Staff that the City Council approve the Agreement and authorize the Mayor to execute the Agreement. -2- Ned Kahn Studios 11650 Graton Road, Sebastopol, CA 95472 Phone and Fax: (707) 823-1760 Letter of' Interest, April 30, 2001 Thank you for considering me for the Emerald Glen Park project. For the last '18 years, I have been creating public artworks that encourage people to observe and interact with natural phenomena such as flowing water, wind, fog and light. I am intrigued with the possibility of creating a sculpture that would be installed in or near the proposed lake and would somehow be activated by natural forces in the park. Many of my completed artworks were intended to reveal a hidden or unnoticed force in the site such as the air currents or the changing light from the sky. In a number of these projects, the design was based on an aspect of the natural history or geology of the region that was not commonly knOwn. Almost all of these projects were developed in collaboration with various architects, landscape architects and engineers. To give you a sense of how I might approach this project in Dublin, I will briefly describe a few recent commissions. In August of this year, I covered the facade of a new parking garage in Charlotte, North Carolina with 80,000 small aluminum panels that are hinged so as to move freely in the wind. The design of this 260' long by 6-story tall artwork was the result of extensive collaborations with the architects and engineers of the parking garage. When viewed from outside, the entire wall of the garage appears to move in the Wind and creates the impression of waves in a field of metallic grass. From inside the parking garage, intricate patterns of light and shadow, similar to the way light filters through the leaves of trees, are projected onto the walls and floor of the building as sunlight passes through this kinetic membrane. I recently completed a public artwork called A Slice of Wind at the University of Colorado in Boulder. This artwork consists of 10,000 aluminum discs that move in the wind and make the air currents visible above the main entrance to the new engineering building. The mirror-like surfaces of the discs reflect light from different parts of the sky and the surrounding buildings, creating a colorful and ever-changing digital image of the passing wind patterns. Viewers can also resonate the entire structure by pulling on a bar and watch complex wave patterns move through the field of discs. The geometric wave patterns are a striking contrast to the more organic and turbulent patterns of the wind. An example of a completed public art project that was inspired by the natural hiStory of the site is the design of Founders Court in Seattle Center. I worked with Atelier Landscape Architects to design a plaza which is centered around a large whirlpool which rhythmically fills and drains, suggesting the countless cycles of floods that have sculpted the terrain of eastern Washington. As water spirals into the basin, a turbulent vortex is created. After a few minutes, the water shuts off and the vortex becomes calmer and more orderly, until its surface is as smooth as glass. Intricate sUrface waves spiral in and out of the center of the whirlpool and the entire vortex begins to slowly oscillate. The fountain is encircled by a series of spiral-shaped granite benches that invite people to sit and observe the mysteries of flowing water. The spiral motif is reflected in paving patterns which swift out from the fountain and flow throughout the plaza~ Last summer, I completed the construction of the Cloud ObserVatory, a place that encourages viewers sit back and contemplate'the mysteries of the changing sky and clouds, for the new Chabot Observatory in the Oakland hills. Large polarizing filters that can be aimed like telescopes and function to enhance the contrast between the sky and the clouds are integrated into the design of the new observatory. This project was a collaboration with Fisher/Freedman Architects. I have sent along a short video tape of some of my artworkS because the patterns of motion, which are the essence of my work, can only be hinted at with slides. I look forward to hearing from you. ATTACHMENT 1 Ned Kahn Ned Kahn Studios, 11650 Graton Road, Sebastopol, CA 95472 (707) 823-1760, nedkahn@earthlink, net Completed Public Art Commissions: 2000 2000 2O00 2000 1999 1999 1998 1997 1996 1995 1994 1993 1991 Gateway Village, Charlotte, North Carolina Expo 2000, Hannover, Germany (with Atelier Bruckner Architects) Chabot Observatory, Oakland, CA (with Fisher/Freedman Architects) King Street Station, Seattle, WA (with OTAK architecture) Rose Center for Earth & Space, American Museum of Natural History, New York Baypointe Light Rail Station, San Jose, CA (with SBA Architects) National Oceanic and Atmospheric Association (NOAA), Boulder, CO United Terminal, San Francisco International Airport School of Engineering (ITL), University of Colorado, Boulder, CO Founders Court, Seattle Center, Seattle, WA, (with Atelier Landscape) National Center for Atmospheric Research (NCAR), Boulder, CO Ventura Pier, Ventura, CA, (with Sasaki & Associates) San Francisco County Jail, San Bruno, CA, (with Catherine Snead) Works-in-Progress: 2001 2001 2001 2002 2002 2002 2002 2002 2003 2003 2003 BART Station, San Francisco International Airport, (with MBT Architecture) School of Oceanography, University of Washington, Seattle, WA Yahoo Headquarters, Sunnyvale, CA Civic Center Plaza, Arlington, VA (with SOM and EDAW) Wolfsburg Science Center, Germany (with architect, Zaha Hadid) Union Point Park, Oakland, CA (with landscape architect, Mario Schjetnan) Mesa Arts and Entertainment Center, Mesa, AZ (with BOORA & DWL Architects) Science Park, Montshire Museum of Science, Norwich, VT (with Lynn Wolff) 1801 North Lynn Street, Arlington, VA (with RTKL architects) Huntington Botanical Gardens, Pasadena, CA (with EDSA Landscape Architects) San Francisco Zoo (with Field Paoli and Ken Kay) Selected Exhibitions: 1999 Hudson River Museum 1999 Yonkers, New York 1998 L.A. Municipal Art Gallery 1996 Barnsdall Art Park, Los Angeles, CA I995 M.H. de Young Memorial Museum 1994 San Francisco, CA 1992 North Carolina Museum of Science 1992 Durham, North Carolina 1992 Mole Antonelliana 1991 Torino, Italy 1992 Questacon 1990 Canberra, Australia 1990 Technorama 1989 - Winterthur, Switzerland 1989 Artpark,(Niagara River) 1989 Lewiston, New York 1988 Arts Commission Gallery 1988 San Francisco, CA Wake Forest University Gallery Winston-Salem, North Carolina Center for the Arts, Yerba Buena Gardens, .S.F. CA California College of Arts and Crafts Oakland, CA La Cite~Des Arts Montreal, Canada MultiMediale 2, Center for Art Karlsmhe, Germany World Financial Center Battery Park City, New York, NY Headlands Center for the Arts Sausalito, CA Saibu Museum of Art Fukuoka, Japan Kennedy Center Washington, DC Ned Kahn,-resume, page 2 Awards / Grants: 1999 1999 1996 1994 1994 1992 1991 Creative Work Fund (with TODCO, San Francisco) National Science Foundation, Planetary Landscapes Exhibition, Chabot Observatory National Science Foundation, Turbulent Landscapes Exhibition, Exploratorium National Endowment for the Arts (NEA), Sculpture Fellowship California Arts Council Fellowship Bernard Osher Cultural Award National Endowment for the Arts (NEA), Sculpture Fellowship Education: 1982 B.A., Environmental Studies, University of Connecticut, Storrs, CT Performanees: 1994 Collaboration with Laurie Anderson "Stories from the Nerve Bible" Tour Public 2000 2000 1997 1998 1996 1993 Lectures: San Francisco Art Institute Tryon Center for Visual Arts, Charlotte, NC Arizona State University, Tempe, AZ Santa Fe Institute, NM Art Institute of Chicago Harvard University, Cambridge, MA Reviews / Articles: 1999 1996 1996 1996 1995 1993 1993 1990 t990 1989 New Scientist, Interview with Ned Kahn and Jeff Greenwald New York Times, "Persuading Nature...', by Tessa DeCarlo Los Angeles Times Magazine, "Mad About Sci-Art", by K.C. Cole Complexity, Turbulent Landscapes, by Ned Kalm and Dr. James.Crutchfield Artweek, Interview with Ned Kahn and Meredith Tromble Wall Street Journal, "Where Art Meets Science", by Tessa DeCarlo Weatherwise Magazine, "The Weather Maker", by Jeff Rosenfeld SF Magazine, "Local Color" by Jeff Greenwald New York Times, "Natures Forces Unleashed", by Andrew Yarrow New York Times Magazine, "Works in Progress", by BrUce Weber Museum Commissions: Wichita Science Center, Wichita, KS Adler Planetarium, Chicago, IL North Carolina Museum of Life and Science, Durham, NC Discovery Museum, Acton, MA Rose Center for Earth & Space, American Museum of Natural History, New York Chabot Observatory, Oakland, CA Montshire Museum of Science, Norwich, VT Ontario Science Center, Toronto, Canada Technorama, Winterthur, Switzerland Explomtorium, San Francisco, CA Discovery Museum, Santa Ana, CA New York Hall of Science, Queens, NY Liberty Science Center, New Jersey Kal Museum, Ryozen, Japan AGREEMENT AMONG THE DUBLIN FINE ARTS FOUNDATION AND THE CITY OF DUBLIN AND NED KAHN RELATING TO THE PROVISION OF ARTISTIC SERVICES FOR A PUBLIC ART PROJECT This agreement is made by and among the Dublin Fine Arts FoUndation, a California non-profit corporation (hereafter "Foundation"), the City of Dublin, a political subdivision of the State of California (hereafter "City"), and Ned Kahn (hereafter "Artist") this day of ,2002. RECITALS WHEREAS, the City plans to construct Phase 2 of the Emerald Glen Park, and has selected CardUcci Associates (hereafter "Architect") to provide design services for the park improvements; and WHEREAS, the Foundation desires to commission original artwork (hereafter the "Work") to be a permanent installation in the Park and to transfer ownership of title to City and City desires to accept title to the Work, upon installation by Artist, final acceptance thereof by Foundation and City and full payment therefore by Foundation; and WHEREAS, the Artist has been selected by the Foundation to provide such original art and the Artist desires to carry out this commission; and WHEREAS, the City wishes to accommodate the collaboration between the City's Architect and the Artist to properly integrate the artwork with the design of the Park. NOW, THEREFORE, in consideration of the mutual Promises contained herein, the parties herein, agrees as follows: AGREEMENT ARTICLE 1 ' SCOPE OF WORK 1.1 For serVices rendered herein, the Foundation shall pay Artist a sum not to exceed $100,000 for work performed .during the period beginning through comPletion of the Emerald Glen Park. Artist shall furnish services as described in Exhibit A of this Agreement. Terms and conditions for payment are attached in Exhibit B of this agreement. 1.2 The City shall be responsible [or providing the Artist, without cost, copies of designs, drawings, reports, and other relevant data needed by the Artist to design and execute the ProjeCt. ATTACHMENT 2 1.3 The Scope of Services divides the.Artist's services into two phases: Phase I, relates to design; and Phase II relates to execution (including, if specifically provided for, production, fabrication, transportation, inspection and installation). Each Phase will have a defined scope of work describing the services to be provided by the Artist, a budget and timetable for performance of the services which shall be followed by the Artist, unless otherwise agreed to in writing by the City and the Foundation. 1.4 Artist shall begin Work under Phase I Scope of Services after the signing of this Agreement and receiving a Notice to Proceed signed by the President of the Foundation. Artist shall not begin Work under Phase II Scope of Services until a written Notice to Proceed signed by the President of the Foundation has been issued. ARTICLE 2. CHANGES IN SCOPE AND ADDITIONAL WORK 2.1 The Artist shall be obligated to perform the services called for in Exhibit A. The Artist and the Foundation agree that the Artist shall retain artistic control of his/her services in the performance of the services under this Agreement, subject only to the limitations imposed in Exhibit A. 2.2 The Artist shall, whenever required during the term of this Agreement, present to the Foundation in writing, drawing, or other appropriate media for further review and apprOval any significant changes in the scope, design, color, size, material, utility, and support requirements, texture, or location of the site or the Work. A significant change is any change which affects the installation, scheduling, site preparation, or maintenance of the Work, or the concept of the Work as represented in the original approved design. If the Foundation approves an Artist-proposed significant change in the Work, Foundation shall submit the requested change to the City for review and comment and shall request that Artist make any reasonable changes desired by City. If Foundation's approval of any Artist-proposed significant change to the Work results in' additional costs to City because the significant change necessitates alterations of the design of the Park site by City's Architect, Foundation shall compensate City for the additional costs. City shall submit to Foundation an invoice for the cost of its Architect to re,design the site to accommodate a significant change to the Work, and Foundation shall reimburse City within 30 days of receiving the invoice. If the City, after approval of the final design of the Work and Artist's budget, as outlined in the description of Phase I in Exhibit A, significantly alters the design of the park site, such that, to maintain the integration of the Work into the park site, Artist must make significant changes to the Work that result in increased costs to the Foundation, City shall reimburse Foundation for the additional costs. Foundation shall submit to City an invoice for the additional Artist costs, and City shall reimburse Foundation within 30 days of receiving the invoice. Prior to making any such significant changes to the Work, Artist and the City's Architect shall meet to discusS Artist's proposed changes, and Artist's proposed changes shall be subject to the approval of Foundation .in consultation with the 'City. 2.3 Not withstanding the provisions of Section 2.2 above, the Foundation may, at any time, request the Artist in writing to revise portions of the services that he has previOusly completed in a satisfactory manner; delete portions of the Scopeof the Work that the Artist has not yet performed; perform additional work beyond the Scope of Work to be provided in Exhibit A; or make other changes within the General Scope of the Work to be performed under this Agreement. In the event of such a written request, the Artist may, but shall not be obligated 'to agree to any such request unless not doing so will significantly impact the project's schedule, cost, or installation. 2.4 In the event the request for change is agreed to by the Artist, this Agreement shall be amended, in writing, specifying the agreed changes, including, but not limited to, a description of services, additional budget, payment schedule, and timetable. 2.5 In the event that the Artist does not agree to the request, the Foundation shall be entitled to terminate the Agreement for cause pursuant to Article 18 herein. 2.6 No services for which additional compensation will be charged shall be provided by the Artist without the prior written authorization by the Foundation ARTICLE 3. RESPONSIBILITY OF THE ARTIST 3.1 The Artist agrees that an essential element of this Agreement is the skill and creativity of the Artist. The Artist shall not assign the creative or artistic portions of the Work to another party for the production of the Work without the written consent of the Foundation. Failure to conform to this provision may be cause for termination of this Agreement, at the sole option of the Foundation. 3.2 The Artist shall be responsible for providing services described in Exhibit A, including but not limited to, the quality and timely completion of the services. The Artist shall be responsible for designing the Work so that it can be constructed without exceeding the approved overall budget for the project. If the installation requirements exceeds the project budget, it will be the artist's responsibility to redesign at his expense to meet the project budget. The Artist shall, without additional compensation, correct or revise any errors, omissions, or other deficiencies in his Work. 3.3 In the event the services of the Artist are integrated into, combined, or otherwise coordinated with services by third parties not within the control of the Artist, the Artist shall not be responsible for such third party services. If any part of the Artist's Work depends for proper execution or results upon the work of the City, or a third party responsible to the City, the Artist shall, prior to proceeding with his or her Work, promptly report to the City and Foundation any apparent discrepancies or Other defects in such other work which renders it unsuitable for proper execution and results by the Artist. The Artist shall not be responsible for any liability or failure to fulfill his obligations because of such discrepancies or defects. Failure of the Artist to report a discrepancy or defect shall constitute an acceptance of the City's or third party's work as fit and proper to receive Artist's Work. Any costs caused by defective or ill-timed work shall be borne by the party responsible therefor. Nothing in this section shall limit the responsibility of the Artist to take all reasonable steps to coordinate his Work with the work of the City or of a third party on the project. 3.4 If the Artist is involved in the execution, fabrication, transportation, inspection, and/or installation of the Work, the following provisions shall apply: a. The Artist shall, if and when working on City property, supervise such clean-up as may be reasonably requested by the City. At the close out of the Artist's Work, the Artist shall remove his equipment, excess materials, etc., promptly and as requested by City. b. The City and any third party contractor on the project shall notify the Artist of their operation, construction, and maintenance schedules in and around the area where the Artist's Work is to be performed. The Artist shall perform his services in a manner and time so as not to cause interference with any of the operations, construction, or maintenance of the City or third party contractor. In the event of'a conflict between the schedules of the contractor and/or the City and the Artist, the conflict will be resolved by the City. If such delay prevents Artist from complying with the schedule in Exhibit A, Artist shall not be considered to have breached this Agreement, and Artist and City and FOundation shall agree to amend the schedule in writing. c. The Artist shall complete the fabrication and installation of the Work in substantial conformity with the attached Exhibit A, Scope of Work. 3.5 The risk of loss or damage to the Work shall be borne by the Artist until final acceptance by Foundation and City, and the Artist shall take such measures as are necessary to protect the Work from loss or damage until final acceptance by Foundation and City, except that the risk of loss or damage shall be bOrne by the City prior to final acceptance during such period of time as the partially or wholly completed Work is in the custody, control, or supervision of the City or its agents for the purposes of transporting, storing, installing, or performing any other ancillary services to the Work. ARTICLE 4. WARRANTIES/STANDARDS 4.1 The Artist warrants that: (a) the design of Work being commissioned is the original product of his own creative efforts; (b) unless otherwise stipulated, the work is original, that it is an edition of one (1), and that the Artist shall not sell or reproduce the Work, or allow others to do so, without the prior written consent of the Foundation and City. 4.2 The Artist shall guarantee his Work to be free from faults of material and workmanship for a period of one (1) year after final acceptance by the Foundation and City. The Artist shall deliver the Work to the Foundation and City free and clear of any liens from any source whatever. The foregoing guarantees shall apply only to the Work that is entirely that of the Artist or persons responsible to the Artist, as installed, and shall not apply to materials or workmanship of projects in which the Work of the Artist is integrated or combined, or to materials purchased, acquired, or installed by a person or entity not responsible to the Artist. 4.3 The Artist shall faithfully perform the work required under this Agreement in accordance with standards of care, skill, training, diligence, and judgment provided by highly competent professionals who perform work of a similar nature to the Work described in this Agreement. Artist shall assign only competent personnel to perform services pursuant to this Agreement. In the event that the Foundation and City, in their sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Artist shall, immediately upon receiving notice from the Foundation and/or City of such desire of Foundation and/or City; cause the removal of such person or persons, unless in the Artist's sole opinion, the skill or creativity of such person or persons is essential to the creation of the Work. ARTICLE 5. COMPENSATION 5.1 The Artist shall be paid for services satisfactorily rendered pursuant to this Agreement in accordance with the terms herein, Exhibits A and B, and subsequent adjustments, changes, or additions as specifically provided for in this Agreement. Such payment shall be full compensation for work performed and services rendered, for all supervision, labor, supplies, materials, equipment, or use thereof, for taxes, and for all other necessary incidentals including transportation and storage of Work. 5.2 The amount and schedule of payments to the Artist are contained in the attached Exhibit B, Compensation and Schedule of Payments. Payments. under this Agreement shall not exceed a maximum amount of $100,000, subjectonly to adjustments, changes, or additions as specifically provided for in this Agreement (hereafter "Total Price"): 5.3 In the event the Artist incurs costs in excess of the Total Price, the Artist' shall pay such excess from his own funds, the Foundation shall not be required to pay any part of such excess, and the Artist shall not have not claim against the Foundation on account thereof. 5.4 The Artist shall submit invoices to the Foundation according to the schedule provided for in Exhibit B. Such invoices shall be in the form requested by the Foundation. 5.5 In the event that the Foundation determines that Work for which it has been invoiced does not meet the contract specifications, and that it intends to withhold payment, the Foundation shall provide detailed written notice to the Artist within fifteen (15) days of receipt of invoice, specifying the failure of performance for which the Foundation intends to withhold payment. The Artist shall thereafter meet cOntract standards to the satisfaction of the Foundation or advise the Foundation that he disputes the Foundation's determination that the specifications have not been met. 5.6 The Foundation shall pay all invoices that meet contract specifications within thirty (30) days of receipt of invoice. 5.7 No payment to the Artist for any work performed or services rendered shall constitute a waiver or release by.the Foundation and City of any claims, rights or remedies it may have against the Artist under this Agreement or by law, nor shall such payment constitute a waiver, remission, or discharge by the Foundation and City of any failure or fault'of the Artist to satisfactorily perform the work as required under this Agreement. 5.8 The services to be required of the Artist under this Agreement shall be completed in accordance with the schedule for completion of the Work, as provided for in Exhibit A, provided that such time limits may be extended or otherwise modified by written agreement between the Artist and the Foundation. 5.9 If, when the Artist completes fabrication or procurement of the Work in 'acCordance with the approved sChedule and notifies the Foundation and City that the Work is ready for installation, the Artist is delayed from installing the Work within the time specified in Exhibit A as a result of the construction of the site for the Work not being sufficiently complete to reasonably permit installation of the Work therein, or if the City otherwise does not make the site available to the Artist in accordance with the approved schedule, the City shall promptly reimburse the Artist for reasonable transportation and storage costs incurred for'the period between'the time provided in Exhibit A for commencement of installation and the date upon which the site is made available to the Artist for installation of the Work. 5.10 The Artist shall bear any transportation and storage costs resulting from the completion of the Work prior to the time provided in the schedule for installation of the Work. The Artist will be responsible for the safe keeping and or repair of artwork prior to installation of the Work. 5.11 The'Foundation and City shall grant a reasonable extension of time to the Artist in the event that there is a delay on the part of the City in performing its obligations under this Agreement or in completing the underlying capital project. Failure to fulfill contractual obligations due to conditions beyond either party's reasonable control will not be considered a breach of this Agreement, as long as such obligations shall be suspended only fOr the duration of the conditions causing the delay. ARTICLE 6. ARTIST'S RIGHTS 6.1 The City shall, at its expense, prepare and install at appropriate locations, after consultation with the Artist, a plaque or sign identifying the Artist, the title of the Work, and the year of completion. The City shall also reasonably maintain such notice in good repair against damages due to normal wear and tear over time, vandalism, and the elements. 6.2 The City recognizes that maintenance of the Work on a regular basis is essential to the integrity of the Work. The City shall reasonably assure that the Work is properly maintained and protected, taking into account the recommendations of the Artist as stated in the maintenance program provided by the Artist. 6.3 The City agrees that it shall not intentionally damage, alter, modify, change, or substantially relocate the Work of the Artist without first conferring with the Artist and obtaining the prior written approval of the Artist to the proposed modification, change, or substantial relocation. 6.4 Notwithstanding the Artist's refusal to provide (or the City's failure for any reason otherwise to obtain) the Artist's written approval provided for in Section 6.3 above, the City, in its sole discretion, shall have the right to remove any work of art providing the following terms and conditions are met: a. The removal proposal shall first be submitted to and considered by the City Council. b. The City Council shall have the non-delegable duty to decide that a work of art shall be removed. The decision to remove shall not be made by the City Council until it has reviewed the removal proposal. c. In the event that the City Council decides to remove the Work, the Artist shall have the first right of refusal to purchase his/her Work, if it stands alone and is not integrated into a larger artwork, building, or structure and can be removed without expense to the City. The Artist shall also have the right to have his name removed from the Work, as well as from the plaque installed pursuant to Section 6.1. 6.5 The City shall have the right to determine, after consultation with a professional conservator, when and if repairs and restorations to the Work will be made. During the Artist's lifetime, the Artist shall have the right to approve all major repairs and restorations, which approval the Artist shall not unreasonably withhold. If the Artist unreasonably fails to approve any repair or restoration, the City shall have the right to make or supervise significant repairs and restorations. In the event that the City makes repairs or restorations not approved by the Artist, the Artist shall have the right, at his sole option, to have his name and association with the Work severed. To the extent practical, the Artist, during his lifetime, shall be given the opportunity to make or supervise significant repairs and restorations and shall be paid a reasonable fee for any such service, if the City and the Artist shall agree, in writing, prior to the commencement of any significant repairs or restorations, upon the Artist's fee for such services. 6.6 All repairs and restorations, whether performed by the Artist, the City, or third parties responsible to the Artist or the City, shall be made in accordance with professionally recognized principles of conservation of artworks. ARTICLE 7. COPYRIGHTS 7.1 The Artist shall retain all copyright and other rights in and to the Work created under this Agreement, other than ownership of the Work itself. Artist shall grant to the Foundation and City an irrevocable license to graphically depict the artwork in any non-commercial manner whatsoever. For the purpose of this limitation, the graphic depiction of the artwork(s) on materials designed to promote the Foundation and/or City shall be deemed to be a non-commercial use. 7.2 If for any reason the proposed design is not implemented, all rights to the proposed artwork shall be retained by the Artist. 7.3 The Artist agrees that all work performed under this Agreement shall comply with all applicable patent, trademark, and copyright laws, rules, regulations, and codes of the United States. The Artist further agrees that the Work will not utilize any protected patent, trademark, or copyright in performance of work under this Agreement, unless the Artist has obtained proper permission and all releases and other necessary documents and provided copies of such releases and documents to Foundation and City. If the Artist specifies any material, equipment, process, or procedure that is protected, the Artist shall disclose such patents, trademarks, and copyrights in the construction drawings and technical specifications. 7.4 The Artist agrees to release, indemnify, and hold harmless the Foundation and City, their officers and employees from any and all claims, damages, suits, costs, expenses, liabilities, caused of action, or proceeding of any kind resulting from the performance and proper installation of work under this Agreement that infringes upon any patent, trademark, or copyright protected by law. 7.5 All reproductions by the Foundation and City shall contain a credit to the ARTIST and a copyright notice substantially in the following form: © Ned Kahn. 200. The Artist shall use his best efforts to include a credit reading substantially "An original work commissioned by the Dublin Fine Arts Foundation for the City of Dublin, California" in any public showing under the Artist's control of reproductions of the Work. ARTICLE 8. NO EMPLOYER/EMPLOYEE OR AGENCY RELATIONSHIP 8.1 No relationShip of employer and employee is created by this Agreement, it being understood that Artist shall act hereunder as an independent contractor and not as an employee of the Foundation or City. Foundation and City shall have the right to control Artist's work only insofar as the results of Artist's services rendered pursuant to this Agreement. Artist shall not have any claim under this Agreement or otherwise against Foundation and City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, retirement benefits, Social Security, disability, Worker's Compensation or unemployment insurance benefits, civil service protection, or employee benefits of any kind. Artist shall be solely liable for and obligated to pay directlyall applicable taxes, including but not limited to Federal and State income taxes. Artist shall indemnify and hold Foundation and City harmless from any and all liability that Foundation and City may incur l~ecause of Artist's failure to pay such taxes. Notwithstanding the foregoing, if the Foundation and CitY determine that, pursuant to state and federal law, Artist is an employee for purposes of Federal and State tax withholding, FoUndation and City shall, upon two weeks notice to Artist, withhold from the payments to Artist hereunder federal and state payroll taxes and pay said sums over to the Federal and State governments. Although Foundation and City shall control only the results of Artist's services under this Agreement, Artist agrees to perform his said work and functions at all times in strict accordance with currently approved methods and practices in his field; in a competent, efficient, timely, and satisfactory manner; and in accordance with the standards required by the Foundation and City. 8.2 Nothing contained in this Agreement shall be construed as limiting the dght of Artist to engage in his profession separate and apart from this Agreement so long as such activities do not interfere with the performance by Artist of his/her obligations as set forth herein and in Exhibit A. 8.3 Except as Foundation and City may specify in writing, Artist shall have no authority, express or implied, to act on behalf of Foundation and City in any capacity whatsoever as an agent. Artist shall have no authority, express or implied, pursuant to this Agreement to bind Foundation and City to any obligation whatsoever. ARTICLE 9. CONFORMITY WITH LAW AND SAFETY 9.1 Artist shall observe and comply with 'all applicable laws, ordinances, codes and regulations of governmental agencies, including all provisions of the Occupational Safety and Health Act of 1979 and all amendments thereto, and all applicable federal, state, municipal, and local safety regulations. All services performed by Artist must be in accordance with those laws, ordinances, codes, and regulations. Artist shall indemnify and save Foundation and City harmless from any and all liability, fines, penalties, and consequences from any noncompliance or violations of such laws, ordinances, codes, and regulations. 9.2 If death, serious personal injury or substantial property damage occurs in connection with the performance of this Agreement, Artist shall immediately notify the Foundation by telephone. Artist shall promptly submit to Foundation a written report, in such form as may be required by Foundation and City, of all accidents that occur in connection with this Agreement. The report must include the following information: (1) name and address of the injured or deceased person(s); (2) name and address of Artist's subcontractor, if any; (3) name and address of Artist's liability insurance carrier; and (4) a detailed description of the accident and Whether any of City's equipment, tools, material, or staff were involved. ARTICLE '10; CONFLICT OF INTEREST No officer, member, or employee of Foundation and City and no member of their governing bodies shall have any pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Neither Artist nor any member of Artist's family shall serve on a Foundation or City board or committee or hold any poSition that, either by rule, practice, or action, nominates, recommends, or supervises Artist's operations or authorizes funding to Artist. ARTICLE 11. ASSIGNMENT OF CONTRACT Nothing contained in this Agreement shall be construed to permit assignment or transfer by Artist of any rights under this Agreement and such assignment or transfer is expressly prohibited and void. ARTICLE 12. CONFIDENTIALITY OF INFORMATION Confidential information is defined as all information disclosed to Artist that relates to the Foundation's and City's past, present, and future activities, as well as activities under this contract. Artist will hold all such information in trust and confidence except as otherwise required by law. Upon cancellation or expiration of this Agreement, Artist will return to Foundation and City all written or descriptive matter that contains any such confidential information. ARTICLE 13. NON-DISCRIMINATION Artist assures that he will comply with the Americans with Disabilities Act and with Title VII of the Civil Rights Act of 1964, and that no person shall, on the grounds of race, creed, color, disability, gender, sexual orientation, national origin, age, religiOn, Vietnam era Veteran's status, political affiliation, or any other non-merit factors be exclUded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. ARTICLE 14. USE OF CITY PROPERTY Artist shall not use City premiSes, property (including equipment, instruments, and supplies), or personnel for any purpose other than in the performance of his obligations under this 'Agreement. ARTICLE 15. FEDERAL AND STATE AUDITS Until the expiration of five years after the furnishing of any services pursuant to this Agreement, Artist shall make available, upon written request, to the Federal/State government or any of their duly authorized' representatives, this Agreement and such books, documents, and records of Artist that are necessary to certify the nature and extent of the reasonable cost of services to Foundation and City. If Artist enters into any Agreement with any related organization to provide services pursuant to this Agreement with a value cost of $10,000 or more over a twelve-month period, such Agreement shall contain a clause to the effect that until the expiration of five years after the furnishing of services pursuant to such subcontract, the related organization shall make available, upon written request, to the Federal/State government or any of their duly' authorized representatives, the subcontract, and books, documents and records of such organization that are necessary to verify the nature and effect when and .if it is not required by law. ARTICLE 16. TRANSFER OF TITLE TO WORK Subsequent to the installation of the Work by Artist pursuant to the schedule provided in Exhibit A and the terms of this Agreement, Foundation shall offer to transfer title to the Work to City. After receiving the offer to transfer title to the Work, the City Council shall vote to accept the transfer, based upon a determination that the completed Work conforms to the approved models and specifications and has been safely installed. ARTICLE 17. MODIFICATION No alteration or variation of the terms of this Agreement shall 'be valid unless made in writing and signed by the parties hereto. ARTICLE 18. TERMINATION 18.1 Any party may terminate this Agreement with or without cause by providing thirty (30) days notice, in writing to the other party. Upon the expiration date of said notice, this Agreement shall become of no further force or effect whatsoever and each of the parties shall be relieved and discharged herefrom. 18.2 In the event that the Agreement is terminated by the Foundation and/or City without cause, the Foundation and/or City shall pay the Artist for all work performed and service rendered up to the effective date of the termination. The Foundation and City shall have no rights to the Artist's creative work, designs, or unfinished artwork(s). 18.3 In the event that the Agreement is terminated by the Artist without cause, the Artist shall promptly reimburse the Foundation and/or City for all payments made under this Agreement prior to the termination by the Artist. 18.4 In the event that the Foundation and/or City determines that the Artist has substantially failed to fulfill his obligations as provided under this Agreement, the Foundation and/or City shall provide the Artist with written .notice detailing the specific obligations which the Foundation 'and/or City claims the Artist has failed to fulfill and notifying the Artist that he is deemed to be in breach of the Agreement. If the breach is not cured or if the Foundation and/or City and the Artist cannot agree on a schedule for curing the breach, the Agreement will be deemed terminated on a date specified by the Foundation and/or City, which will be no sooner than ten (10) days from the date of issuance of the notice. 18.5 If, because of death, unavailability, or any other occurrence, Artist cannot possibly render services or perform work under this Agreement, the Agreement shall be deemed terminated. ARTICLE 19. HOLD HARMLESS/INDEMNIFICATION 19.1 Artist shall indemnify, defend, and hold harmless Foundation and City and their officers and employees against liability for injury or damage caused by a negligent act or omission of Artist in the performance of this Agreement and shall hold Foundation and City harmless from any loss or damages directly or indirectly resulting to the Foundation and City or their officers and employees on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences, or other causes predicated on active or passive negligence of the Artist or any subcontractor of Artist. Artist shall indemnify, defend, and hold harmless the Foundation and City, their officers, officials, directors, employees and agents from and against any or all loss, liability, expense, claim, costs (including costs of defense), suits, causes of action, and damages of every kind, nature and description directly or indirectly arising from the performance of the Work. This paragraph shall not be construed to exempt the Foundation and City, their employees, and officers from their own fraud, willful injury, or violation of law whether willful or negligent. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this agreement is not a construction contract. By execution of this Agreement, Artist acknowledges and agrees that he has read and understands the provisions hereof and that this paragraph is a material element of consideration. 19.2 The Foundation and City shall indemnify the Artist against liability for injury or damage caused by a negligent act or omission of the Foundation and City, their officers and employees in their performance of this Agreement and shall hold the Artist harmless from any loss occasioned by such negligent act or omission. 19.3 Upon final acceptance of the Work, the Foundation and City shall, to the extent permitted by law, indemnify, and hold harmless the Artist against any and all claims or liabilities that arise thereafter in connection with the Work performed under this Agreement, except claims by the Foundation and/or City against Artist and claims that may occur as a result of the Artist's breach of the warranties provided elsewhere in this Agreement. ARTICLE 20. INSURANCE/SELF-INSURANCE Artist shall at all times during the terms of this Agreement with the Foundation and City maintain in force those insurance policies and bonds as designated In the attached Exhibit C and will comply with all those requirements as stated herein. ARTICLE 21. EMPLOYMENT ELIGIBILITY Persons providing services under this contract will be required to provide the necessary documentation to establish identity and employment eligibility as required by the Immigration Reform and Control Act of 1986. Failure to provide the necessary documentation will .result in the termination of contract as required by the Immigration Reform and Control Act of 1986. ARTICLE 22. SEVERABILITY In the event any of the provisions, or applications thereof, of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity -and enforceability of the remaining provisions, or applications thereof, shall not be affected. ARTICLE 23. TIME IS OF THE ESSENCE The parties agree that in the performance of the terms and requirements of this Agreement by the Artist that time is of the essence. Artist shall devote such time to the -performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Artist's obligations pursuant to this Agreement. ARTICLE 24. LICENSES~ PERMITS~ ETC. Artist represents and warrants to Foundation and City that he has all licenses, permits, qualifications and approvals of whatsoever nature that are legally required for Artist to practice his profession. Artist represents and warrants to Foundation and City that Artist shall, at his sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for Artist to practice his profession. ARTICLE 25. GOVERNING LAW This Agreement shall be governed by the laws of the State of California and any suit or action by either party shall be brought in the County of Alameda, California. ARTICLE 26. ATTORNEYS FEES If a party brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party is entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. Such fees may be set by the court in the same action or in a separate action brought for that purpose. ARTICLE 27. NO WAIVER The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. ARTICLE 28. SURVIVAL All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between Foundation and City and Artist survive the termination of this Agreement. ARTICLE 29. EXECUTION IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first written above. AGREED TO THIS ,2002 by: DUBLIN FINE ARTS FOUNDATION ARTIST Ron Nahas, President Ned Kahn 11650 Graton Road Sebastopol, CA 95472 CITY OF DUBLIN Janet Lockhart, Mayor Attest: City Clerk Approved as to form: City Attorney EXHIBIT A SCOPE OF SERVICES Summary of Scope of Artist's Services The intent of this Agreement is to define the work to be done in designing, planning, fabricating, transporting and installing artwork for Emerald Glen Park in the City of Dublin, California. Phase I: Design 1. Artist shall meet with Foundation representatives as needed to understand the nature and scope of the artwork desired. 2. Artist has tentatively proposed to use the energy of the sun to power a water feature in the proposed lake at the southeast corner of this site. However, it is understood that this concept may change as a result of the collaboration with the Architect. 3. Artist shall work With the City's Architect to properly integrate the artwork with the design of the Park. 4. After the above collaboration with the Architect, Artist shall then develop a design proposal that fully describes the 'artwork as to appearance, nature, dimensions, materials, color, lighting, siting and installation. The proposal shall include a proposed budget that details all major expenditure categories including, but not limited to: materials, labor and fabrication; subcontractors; installation; storage; freight and transportation; plans and permits; insurance and bonding; studio and office overhead. The budget and design proposal shall be presented tothe Foundation for preliminary. approval. 5. Following preliminary design approval, Artist shall submit the following to Foundation for review and approval: Complete drawings for the fabrication and installation of the Work; showing all materials, dimensions, quantities and locations; B. Complete specifications for the Work; Complete construction documents showing the integration of the Work in the Park's design; D. Complete budget; and, E. Material samples. Following approval by Foundation, Foundation shall provide all of the preceding materials to City for review and comment and shall request that Artist make any reasonable changes desired by City. If the Foundation-approved materials necessitate redesign of the Park site by the City's Architect, Foundation shall reimburse City for those additional costs, in the same manner as provided for in Section 2.2 of the Agreement. 6. After initial meetings with the Architect, a timeline for the entire project will be created. 7. In conjunction with the final design proposal and budget, Artist shall provide a model or maquette for review by the Foundation, Heritage and Cultural Arts Commission, Parks and Community Services Commission and City Council. 8. The City Council, in its sole discretion, may accept or reject the design, budget and model. Should the City Council reject the proposal, Artist will be paid for services rendered to date, as described in Exhibit B, and no further work or compensation will be made to Artist. 9. Artist shall not commence any work required under Phase II including fabrication of any portion of the proposed Work, until the President of the Foundation has issued a written Notice to Proceed following authorization by the City Council. Phase I1: Fabrication and Installation 1. Upon receipt of written authorization to proceed and proposed timeline from the Foundation, Artist .shall begin fabrication of the Work in substantial conformity with the final design approved by the City Council. 2. Artist shall perform all work under this Agreement with Artist's usual standard of care and quality and shall perform work with a professional standard of craftsmanship. 3. Any suggested change(s) in the character, scope, content, color, form, materials of the Work, siting of the work and proposed timetable for fabrication and/or installation of the Work shall be submitted promptly to the Foundation for prior written approval. 4. Artist shall notify Foundation when the fabrication of the Work has reached the fifty percent (50%) completion stage according to proposed timeline in 1 above. Foundation shall have the right to inspect the progress of the Work to determine, at its sole discretion, if the fifty percent (50%) fabrication milestone has been reached. 5. Artist shall notify Foundation in writing of the completion of the fabrication of the Work and the intention to install the Work. After receiving such notice, Foundation shall coordinate with City the details of the installation of the Work. Artist shall not commence installation of the Work until Foundation has approved the completed artwork and has provided a Notice to Proceed with Installation, which Foundation shall not provide until it has completed an installation plan and schedule with City. 6. Artist shall install the Work with due care and respect to public safety and to preservation of daily City activities and pedestrian and vehicular rights-of-way. 7. Artist shall promptly remove all construction materials and debris from the site following installation and shall leave the. site in substantially the same condition as existed when installation began. 8. Artist shall notify Foundation and City when the installation is complete, no later than the rnutua.lly agreed upon date. This date may be extended upon mutual agreement of the parties based upon a potential delay in the construction schedule. Foundation and City shall then have fifteen (15) working days to inspect and to accept the Work or to notify Artist of deficiencies. 9. Artist shall promptly cure any deficiencies in the Work or the installation, as directed by the Foundation and City. 10. Foundation and City shall nOtify Artist of its final acceptance of the Work. Final acceptance Shall be effective as of the date of City's written Notice of Final Acceptance which shall occur no more than thirty (30) days after completion of the satisfactory installation. EXHIBIT B CONDITIONS AND TERMS OF PAYMENT The Foundation agrees to pay Artist a fixed fee not to exceed $100,000, which shall constitute full compensation for all services to be performed and materials furnished by the Artist under this Agreement. The fee shall be paid in the following installments, each installment to represent full, final and non-refundable payment for all services and materials provided prior to the duedate thereof: Foundation will pay Artist upon submission of a written invoice from Artist to Foundation. As early as practical, but not later than thirty (30) calendar days following receipt of said 'invoice, Foundation shall pay Artist the full face value of the invoice. Phase I: Design and Model 1. Five percent (5%) to be paid upon Notice to Proceed of Phase I for design development work upon acceptance and signing of this Agreement by the City; 2. An additional five percent (5%) to be paid upon completion and submission of the completed proposal as outlined in scope of work to the Heritage and Cultural Arts Commission and Parks and Community Services and final approval by the City Council. Phase I1: Fabrication and Installation Payment schedule to be determined after acceptance of proposal. EXHIBIT C INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract "occurrence coverage" insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's bid. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001.) 2. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. 3. Workers' Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. b. Minimum Limits of Insurance. Artist shall maintain .limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or the Artist shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages. A. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Artist; products and completed operations of the Artist, premises owned, occupied or used by the Artist, or automobiles owned, leased, hired or borrowed by the Artist. The coverage shall contain no sPecial limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. B. The Artist's insurance coverage shall be primary insurance as respects the city, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers .shall be excess of the Artist's insurance and shall not contribUte with it. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. D. The Artist's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Artist for the City. 3. Professional Liability. Artist shall carry professional liability insurance in an amount deemed by the City to adequately protect the Artist against liability caused by negligent acts, errors or omissions on the part of the Artist in the course of performance of the services specified in this Agreement. 4. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. f. Verification of Coveraqe. Artist shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage onits behalf. The certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. g. Subcontractors. Artist shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. h. Waiver. The City may approve a variation in those insurance requirements upon a determination that the coverages, scope, limits and forms of such insurance are either not commercially available or that the City's interests are otherwise fully protected.