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City’s requirements for construction of the artwork at the Project.

A.12.2 Certification. When applicable, the Construction Documents must be certified by a qualified engineer licensed by the State of California and must conform to all applicable federal, state and local laws and regulations.

A.12.3 Review Process for Construction Documents. The Project Manager and other members of City staff may review the Construction Documents and require that the Artist make modifications before permitting their submission to the Reviewing Bodies. The Artist agrees to address the Project Manager’s and City staff members’ comments and modification requirements prior to submitting it to the Reviewing Bodies for approval. The Reviewing Bodies shall review and make recommendations about the Construction Documents. The Reviewing Bodies may recommend approval, approval with conditions or disapproval of the Construction Documents. In the event that the Reviewing Bodies recommend disapproval, or approval with conditions, the Artist, upon written notification from the Project Manager, shall respond to the Reviewing Bodies’ comments in writing and submit revised Construction Documents to the Project Manager for review. The Reviewing Bodies shall review the revised Construction Documents and make additional recommendations until the Construction Documents are approved by the Reviewing Bodies.

A.12.3.1 Notice of Approval for Construction Documents. The Artist shall not proceed with work on the Scope of Services until the Project Manager has issued the Artist a notice of approval for the Construction Documents.


Fabrication. The Artist shall fabricate the artwork in substantial conformity with the

Approved Artwork Proposal and the approved Construction Documents.

A.13.1 Unidentified Design Specifications. The parties recognize and agree that certain specifications regarding the artwork, such as, but not limited to, the size, color, material (including grade of the material), of some of its elements are not identified in either the Approved Artwork Proposal or the approved Construction Documents. To the extent that any specification for the artwork is not identified in the Approved Artwork Proposal or the approved Construction Documents, the Artist shall seek the Project Manager’s prior approval of these specifications before commencing or continuing with fabrication of the artwork.

A.13.1.1 Artist’s Right to Make Adjustments. The parties recognize that the shift in scale from drawings and models to a full-scale artwork may require adjustments. The Artist reserves the right to make minor adjustments to the artwork as the Artist deems necessary.

A. Adjustments Requiring Approval. In no event may an adjustment increase the amount allocated for completion of the Scope of Services without prior written approval by the Project Manager. Nor shall the Artist shall make an adjustment which requires a modification of the Construction Documents without the prior written approval of the Project Manager.

A.13.1.2 Material Deviation. Any material deviation from the Approved Artwork Proposal or the approved Construction Documents in the scope, design, color, size, material, utility and support requirements, texture or location of the artwork must be approved in writing and in advance by the Project Manager before the Artist proceeds with completion of the artwork.

CCDC/City of San Diego Asian Pacific Historic District Gateway Public Art March 2010 Page 25 of 38

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