HomeMy WebLinkAboutAgr 2006-03-30 (Reed/Madden)
Town of Tiburon
STAFF REPORT
AGENDA ITEM -----Z-
... .............. ..... ..........................
TO:
Mayor and Members of the Town Council
Heidi Bigall, Interim Town Manager <td-
FROM:
SUBJECT:
Approve Changes to Scope of Work - Fountain Art Project
April 5, 2006 REVIEWED BY: 1:f
MEETING DATE:
........................ ............ ...............
The contract agreement between the Town of Tiburon and the artists for the fountain art project
requires that any material changes in the scope of work be submitted to the Town. The Town
then has five working days to approve said changes.
The attached Exhibit "E" details proposed changes to the original contract and was submitted to
the Town on March 30, 2006. These changes have been reviewed by the Director of Public
Works/Town Engineer, Councilmember Berger and Laleh Zelinsky and they recommend
approval. These changes do not result in any increase to the contract price.
Recommendation
It is recommended that Council approve the proposed changes to the Scope of Work for the
Fountain Art Project and that the attached exhibit be incorporated into the oriQinal AQreement.
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Exhibit
Revised Scope of Work, dated 3/30/06
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EXHIBIT E-Revision
Revised Scope of Work 3/30/06
Sculptural Fountain "Coming About"
The following items in bold represent changes to the original Scope of Work as shown below.
Reed Madden Designs will provide the following:
· Work schedule and payment plan
· Construction drawings for city permit with structural engineering by Jacob Feldman.
(City will waive any permit fees.)
· Schematic pump and fountain specifications by fountain engineer - Goepp Associates.
Fountain engineer is now George Forni of Aquatic Environments.
· Donor plaque purchase and installation with dedication per Town Funding Agreement
with Laleh Zelinsky
Donor plaque location has been changed to a seven-foot bronze strip
within the fountain edge.
· Title plaque purchase and installation with title, date and artists names
· Plumbing and electrical hookup from city services to vault and fountain. (Town will
provide water, sewer and electrical hook ups to site or will reimburse artist for cost of
this work)
· Vault excavation, installation and plaza resurfacing for vault hookup. (Resurfacing for
main water and electrical lines done by the city)
· Demolition and removal of existing circular-tiered planter
· Construction and installation of fountain sculpture containing:
Seven Sail-Tail kinetic sculptural elements in orbital-brushed stainless steel
Sculpture is now five (5) sails to reduce visual crowding and potential
bumping of sails in high winds.
Pool: approximately 22-foot diameter, max. 18" deep
Depth of pool in upper basin is to be 3" deep
Two approx. 12-foot infinity water edges with grating and trough for catchments.
One 52-foot continuous infinity edge with grating and trough.
(Doubles the size of the waterfall and corresponding pumps/filters
as well as basin and stainless steel grating). FO,untain is now 700
gallons per minute versus original 300 gpm.
Boat-wall & bench (colored concrete with stainless steel suspension rods)
8' Lens-shaped bench (colored concrete)
Benches are now made out of stainless steel with colored concrete
inserts for increased visual interest and skateboard resistance.
Single arc bench on pool edge (colored concrete)
(Eliminated to be replaced with bronze water weir)
Walking surface between "boat" benches (colored concrete w/groves every 2")
3' x 55' Perimeter concrete surface with seeded rock for anti-skateboarding.
Perimeter is to be increased to 4.5' wide with sand-lapping concrete
pattern. *
50' concrete or stainless-steel curb to deter leaf litter in water catchment.
6/28/05
· Install waterworks & lighting components
Adjustable Low Profile Underwater Lights (minimum 16)
24 lights are now proposed due to increase in fountain size.
Electrical-Plumbing Vault by Fountain People, Inc. (or equivalent other) containing
all controls, recirculation pumps, ozone filtration, and water treatment systems.
Features include: Heavy-duty FRP enclosure, structurally engineered and certified
for in-ground installation; full electrical clearance per NEC standards; thermally
protected pumps; forced air ventilation system; automatic sump pumps, interior
heavy-duty light fixtures; OSHA approved fiberglass ladder; non-skid rubber
floor mat; lockable lid with lock-open arm, stainless steellock hasp, and stainless
steel hinge; stainless steel anchors and tie-down cables; main pump strainers; 18"
sand filter with multi-port valve; 1"-2" water fill station (Auto Fill) with solenoid
valve, pressure reducing valve, water hammer arrestor, and hose bib with hose.
W all mounted maintenance procedures for all equipment.
Vault is no longer the above described prefab fiberglass unit by
Fountain People. Custom concrete vault with individual components
will be constructed by Reed Madden and Aquatic Environments.
(Fiberglass unit is not appropriate in high-water table conditions.
Custom components are preferable.)
. Plaza resurfacing around perimeter to restore plaza to pre-work condition
Other additions and changes to Scope of Work include the following:
-Addition of an Anemometer (to shut off fountain in high winds) set 12'
high near PG&E meter and stop sign and connected to fountain vault.
- Addition of two skimmers set on either end of the lower catchment
basin (each:::: 10" round and high to catch leaves for easy clean out).
- Addition of strip lighting along the inner edge of both "boat" benches.
Note:
*Proposed concrete surface texture for skateboard and slip resistance should be
approved by city. Samples are available for review.
6/28/05
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Town ofTiburon · 1505 Tiburon Boulevard · Tiburon, CA 94920 · P. 415.435,7373 F. 415.435,2438 · www.ci.tiburon.ca.us
Office of the Town Clerk / 415,735.7377
September 9, 2005
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Jeffrey Reed and Jennifer Madden
Reed Madden Designs
1014 Curtis Street
Albany, CA 94706
SUBJECT: AGREEMENT FOR COMMISSION OF PUBLIC ART WORK
Dear Mr. Reed and Ms. Madden:
Enclosed is your duplicate, signed copy of the above agreement.
Thank you for your cooperation in this matter.
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Diane Crane lacopi
Town Clerk
Enclosure
Cc: Town Manager
Director of Public Works
AGREEMENT FOR COMMISSION OF PUBLIC ART WORK
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THIS AGREEMENT is entered into thisSl day of August, 2005, by and between the
Town of Tiburon, a municipal corporation (hereinafter "Town"), and Jeffrey Reed and
Jennifer Madden, doing business as Reed Madden Designs (hereinafter collectively,
"Artist").
RECITALS
1, The Town owns a plaza area located at the intersection of Main Street and
Tiburon Boulevard in downtown Tiburon ("Site"), which the Town has long intended as
the site for a public art project incorporating a fountain. The Town Council has
appointed an ad hoc Committee to lead the consideration of potential projects.
2. On June 12, 2004, the Town issued a Request for Qualifications to artists
that might be interested and qualified to create a fountain art project for the Site. The
Committee reviewed the responses and, on July 5, 2004, sent a Request for Proposals
(Exhibit A, "Artwork RFP"), to four of the artists that had submitted their qualifications,
asking them to submit proposals for the design, fabrication and installation of artwork in
accordance with the specifications in the proposal package dated for the Fountain Plaza
Art Project. Three artists submitted proposals in response to the Artwork RFP.
3. The Artist submitted a proposal consisting of the following items: (a) a
model, presently on display in the Town Council Chambers, which is depicted in
Exhibit B; (b) a written description (Exhibit C); and drawings (Exhibit D) (collectively,
"Artist Proposal"). The Artist Proposal represented that the total cost of the Artwork
described therein would be Two Hundred Fifty Thousand Dollars ($250,000).
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4. The Town's ad hoc committee forwarded the Artist's Proposal to the
Town Council for consideration, together with two other proposals. The Town Council
heard the three artists' presentation of their proposals on January 5, 2005. On
February 2, 2005, the Town Council hear selected the Artist's Proposal as recommended
by ad hoc committee; and
5, Artist is a recognized professional artist, and the Town is sufficiently
familiar with the style and quality of the Artist's work to desire the Artist to create and
install the Artwork described in the Artist's Proposal ("Artwork") for location at the
Fountain Plaza, at the intersection of Tiburon Boulevard and Main Street, in Tiburon
("the Site").
NOW, THEREFORE, the Town and the Artist, for the consideration and under
the conditions hereinafter set forth, agree as follows:
ARTICLE 1: SCOPE OF SERVICES
1-1 GENERAL
(a) Except as otherwise expressly provide in this Agreement, the Artist shall
perform all services and furnish all supplies, materials, artist and agent travel, and
equipment as necessary for the design, execution, fabrication, transportation, and
installation of the Artwork at the Site, as set forth in the Artist Proposal and the
Scope of Work (Exhibit E),
(b) The Artwork RFP provides that the Town shall be responsible for bringing
utilities to the Site as provided in the Artwork RFP, including electrical power,
water and sanitary sewer connection. The Town may elect to have the Artist
perform this work, to be reimbursed at the Artist's cost.
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1-2 THE ARTWORK
(a) Within 90 days of the execution of this Agreement, Artist will provide a
written description and technical specifications of the Artwork, including the
documents listed below, for review and approval by the Town's Director of
Public Works ("Director"). Upon the Director's approval, these documents will
be incorporated into this Agreement.
· Graphic rendering;
· Draft Maintenance and Conservation Form;
· Work plan and Production Schedule;
· Proposed list of subcontractors (those known to date);
· Other information about the Work as may be reasonably
required by the Town in order to certify the compliance of
the Work with applicable statutes and ordinances. Said
exhibits will become the property of the Town upon
submission by the Artist. Upon request by Artist, the Town
shall promptly furnish all available exhibits in connection
with said submission at the artist's expense.
(b) Upon approval by the Town Council and written direction to move
forward, the Artist shall commence with fabrication at their studio and
transportation and installation of the Artwork at the Site.
(c) Artist will upgrade the originally proposed sand filtration system to an
ozone filtration system as referenced in the Scope of Work for an additional cost
of Three Thousand Five Hundred Dollars ($3500).
(d) This project is funded by a gift from Laleh and Miriam Zelinsky
(collectively, "Zelinsky") in honor of the late Edward Zelinsky pursuant to an
agreement between the Town and Zelinsky dated July 20, 2005 ("Funding
Agreement"). Artist will incorporate memorial text into the Artwork as set forth
in Paragraph 3 of the Funding Agreement.
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(e) The Town may require the Artist to make such revisions to the proposed
Artwork as are necessary for the Artwork to comply with applicable statutes,
ordinances, or regulations governing the project, including, without limitation, the
Americans with Disabilities Act, or for other practical (non-aesthetic) reasons.
Without limiting the forgoing, the Director must review and approve all surfaces
that could be walked upon for slip resistance.
(f) The Artist fee may be equitably adjusted for any increase or decrease in
the Artist's cost of, or time required for, performance of any revisions pursuant to
this Section 1-2. The Artist must present any claim for adjustment under this
paragraph, including the amount thereof, to the Town in writing as soon as
practicable, but in no event more than ten (10) days after receiving the revision. .
(g) Within thirty (30) days after receipt of the Artist's revisions, pursuant to
this Section 1-2, the Town shall notify the Artist of its approval or disapproval of
such revisions, The Town may require the Artist to submit additional revisions
until such revisions are accepted by the Town. Revisions made and accepted by
the Town pursuant to this Section 1-2 become a part of the final design, technical
specifications and fabrication and installation schedule of the Artwork.
1-3 EXECUTION OF THE WORK
(a) Pursuant to Section 1-2 above, the Artist shall commence fabrication of
the Artwork, in accordance with the Project Schedule set forth in Exhibit F. The
Artist shall perform all of the obligations under this contract on or before June 1,
2006.
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(b) The Town shall have the right to review the Artwork at reasonable times
during the fabrication. The Artist shall submit to the Town bi-monthly progress
reports in accordance with the Project Schedule.
(c) The Artist shall complete the fabrication and installation of the Artwork in
substantial conformity with the approved Proposal.
(d) The Artist shall present to the Town, in writing, for further review, any
"significant changes" in the scope, design, color, size, material, or texture of the
Artwork not permitted by or not in substantial conformity with the Proposal. A
"significant change" is:
1. Any material change in the scope, design, color, size, material,
texture, operating or moving elements or location of the Artwork
on the Site;
ii. Any material change in the Artwork that affects installation,
scheduling, site preparation, or maintenance for the Artwork; or
111. Any change in the concept of the Artwork as represented in the
accepted proposal,
(e) T own will review and approve or disapprove any submission within 5
business days of submission, If changes reviewed by the Town are not approved,
the Artist will not resume the Artwork nor resume the payment schedule until
changes to the Artwork are reviewed and approved by the Town.
1-4 DELIVERY AND INSTALLATION: LIOUIDATED DAMAGES
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(a) Prior to commencement of work at the Site, the Artist shall notify the
Town of schedules for installation. The Artist shall be responsible for all
expenses and labor. The Town will waive all permit fees.
(b) Prior to delivery of the Artwork, the Artist shall notify the Town in writing
when fabrication of the Artwork is completed and the Artist is ready for delivery
of the Artwork to the Site.
( c) The Artist shall provide for completion of the Artwork in compliance with
appropriate codes and the Project Schedule. Without limiting the foregoing, all
work on Town property shall comply with the Town's normal conditions for
encroachment permits, attached as Exhibit G. The Director shall have authority to
waive any conditions that he finds are inapplicable to this project.
(d) The parties have agreed to a Completion Date of June 1, 2006. In the
event that the Artist is unable to complete the Artwork by the Completion Date
because of unexpected heavy rains, natural disaster, or serious illness, Artist shall
so notify the Town at least eight (8) weeks in advance of the Completion Date and
request an extension of up to 30 days, which request the Town shall not
unreasonably deny.
(e) The Parties acknowledge that time is of the essence in this Agreement and
wish to avoid the cost, difficulty and delay of proving the damages caused by
delay. Accordingly, the Parties agree that for each calendar day's delay beyond
the Completion Date of June 1, 2006, or any extension thereof granted by the
Town pursuant to this section, Artist shall forfeit and pay to the Town as
liquidated damages $100 per day for each of the first six days (i.e., June 7,
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2006, if there is no extension); $200 per day for each of the next seven days
(i.e., June 14, 2006 if there is no extension); $300 per day for the next seven
days (i.e." through June 21, 2006 if there is no extension); $400 per day for
the next 7 seven days (i.e., through June 28, 2006 if there is no extension);
and $500 per day each day thereafter (i.e., after July 5, 2006 if there is no
TOWN
1-5 POST INSTALLATION
(a) Within thirty (30) days after the installation of the Artwork, the Artist
shall furnish the Town with the following documentation of the Artwork as
installed:
1. One set of digital photographs of the completed Artwork, one
taken from each of three different view points;
ii. The Town shall have the right to duplicate and distribute for any
noncommercial purpose the artwork documentation supplied by
the Artist under this Agreement;
111. The Artist shall be available at such time or times as may be
agreed between Town and Artist to attend any inauguration or
dedication ceremonies relating to the transfer of The Artwork to
the Town. The Town shall use its best efforts to arrange for
publicity for the completed work in such art publications and
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otherwise as may be determined between the Town and the Artist
as soon as is practical following installation.
IV. All warranties for materials, equipment and other materials for the
Artwork
(b) Upon completion and before final project acceptance by the Town, the
Artist shall provide the Town with written instructions for appropriate
maintenance and preservation of the Artwork.
1-6 FINAL ACCEPTANCE
(a) The Artist shall advise the Town in writing when all services required
under this Agreement have been completed in substantial conformity with this
Agreement.
(b) The Town shall notify the Artist in writing of the fmal acceptance (or non-
acceptance) of the Artwork,
(c) Final acceptance shall be effective as of the earlier of the following dates:
I. The date of the Town's notice of final acceptance; or
11. The 30th day after the Artist has sent written notice to the Town
required under Section 1-6(a) unless the Town, upon receipt of
such 3D-day notice and prior to the expir.ation of the 3D-day period,
gives the Artist written notice specifying and describing the
services, which have not been completed,
1-7 RISK OF LOSS
The risk of loss or damage to the Artwork shall be borne by the Artist until final
acceptance, and the Artist shall take such measures as are necessary to protect the
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Artwork from loss or damages until final acceptance, Notwithstanding the forgoing,
After the Artist has given the Town the notice specified in Section 1-6 (a), the Town shall
be responsible for any damage to the Artwork resulting from impact from a motor
vehicle.
1-8 INDEMNITY
The Town has commissioned Artist to construct a fountain sculpture to be
designed and built in a highly used public space, The Town recognizes and accepts the
inherent risk associated with a project of this nature, and this project in particular.
However, the Artist is responsible for the design, fabrication and installation of the
Artwork. This section shall control the parties respective responsibilities for any liability,
claim or other loss or damages,
(a) The Artwork consists of the following elements:
· Seven Sail-Tail kinetic sculptural elements in orbital-brushed stainless
steel
· Pool: approximately 22-foot diameter, max. 18" deep
· Two approx, 12-foot infinity water edges with grating and trough for
catchments.
· Boat-wall & bench (colored concrete with stainless steel suspension
rods)
· 8' Lens-shaped bench (colored concrete)
· Single arc bench on pool edge ( colored concrete)
· Walking surface between "boat" benches (colored concrete w/groves
every 2")
· 3' x 55' Perimeter concrete surface with seeded rock for anti-
skateboarding,
· 50' concrete or stainless-steel cub to deter leaf litter in water
catchment.
(b) The Artist shall indemnify, defend and hold the Town and its officials,
employees, and! or agents harmless from any and all claims or liabilities
then existing or arising thereafter from the Artist's negligence or willful
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misconduct in designing, fabricating and installing the Seven Sail-Tail
kinetic sculptural elements.
(c) The Town shall review the building construction and material selection to
meet its safety concerns and shall indemnify the Artist from any and all
liability that does not arise from Artist's negligence or willful misconduct
in designing, fabricating and installing the Seven Sail-Tail kinetic
sculptural elements.
1-9 TITLE.. ASSIGNMENT OF ROYALTY RIGHTS.. AND WAIVER
(a) Title to the Artwork shall pass to the Town upon final acceptance, The
Artist hereby assigns the right to collect any royalty payment provided by Civil
Code section 986(a) to the Town and to the Town's assigns. Town shall have the
right to use Artist's name, likeness and biographical information in connection
with the display or reproduction and distribution of the Artwork, including,
without limitation, all advertising and promotional materials concerning the Town
or the Artwork,
(b) Except as expressly provided below, the Town shall not intentionally
damage, alter, modify, or change the Artwork without the prior written consent of
the Artist.
(c) The Artist acknowledges and agrees that the Town may require the Site
for purposes other than the display of the Artwork, The Town agrees that it will
notify the Artist of any proposed alteration of the Site that would require the
removal or relocation of the Artwork or affect the intended character and
appearance of the Artwork and will consult with the Artist in the planning and
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execution of any such removal, relocation, or alteration and will make a
reasonable effort to maintain the integrity of the Artwork,
(d) The Artist acknowledges and agrees that the Town retains the right to
relocate or remove the Artwork from public display for any reason, at the sole
discretion of the Town, Reasons for removing the Artwork from public display
shall include, but not be limited to: hazards to public health, safety or welfare;
unsightly or deteriorated conditions of the Artwork; or the need to access, repair
and maintain public facilities,
( e) Except as provided above, the Artist expressly waives, for himself and his
successors in interest, to the greatest extent allowed by law, any rights he or she
may have under California Civil Code sections 986, 987, 988 and 989,
ARTICLE 2: COMPENSATION AND PAYMENT SCHEDULE
2-1 AGREEMENT AMOUNT AND PAYMENT
(a) The Artist's compensation under this Agreement shall not exceed TWO
HUNDRED FIFTY-THREE THOUSAND, FIVE HUNDRED DOLLARS
($253,500), which will constitute full compensation and payment for all services
to be performed under this Agreement including artists' fees, execution,
fabrication, artist and/or agent travel, transportation, and installation.
(b) Except as provided by laws governing emergency procedures, officers and
employees of Town are not authorized to request, and the Town is not required to
reimburse Artist for, commodities or services beyond the scope of this Agreement
unless the changed scope is authorized by amendment and approved as required
by law. Officers and employees of Town are not authorized to offer or promise,
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nor is Town required to honor, any offered or promised additional funding in
excess of the maximum amount of funding for this Agreement without
amendment of the Agreement. THIS SECTION CONTROLS AGAINST ANY
AND ALL OTHER PROVISIONS OF THIS AGREEMENT.
(c) Town shall make payments according to the Project Schedule.
(d) All requests for payment shall be submitted to the Director in writing for
review and approval and must be accompanied by a detailed invoice and original
receipts and other documentation as required by the Director regarding the work
completed.
(e) Payment shall be issued within 30 days of approval of detailed invoices
and requests for payment by the Director,
2-2 ARTIST'S EXPENSES
The Artist shall be the sole responsible party for all mailing or shipping charges
on submissions to the Town, and the costs of all travel by the Artist and the
Artist's agents and employees necessary for the proper performance of the
services required under this Agreement.
ARTICLE 3: WARRANTIES
3-1 WARRANTIES OF TITLE
The Artist represents and warrants that:
(a) The Artwork is solely the result of artistic effort of the Artist;
(b) Except as otherwise disclosed in writing to the Town, the Artwork is
unique and original and does not infringe upon any copyright;
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(c) That the Artwork, or a duplicate thereof, has not been accepted for sale
elsewhere; and
(d) The Artwork is free and clear of any liens or claims from any source
whatsoever.
3-2 WARRANTIES OF QUALITY AND CONDITION
The Artist represents and warrants that:
(a) The execution and fabrication of the Artwork will be performed in a
professional manner (expert, qualified, skilled);
(c) The Artwork, as designed, fabricated and installed, (i) will be free from
any defects in materials and workmanship; (ii) is suitable to withstand without
cracking, chipping, pealing, facing, rusting or otherwise deteriorating, the
climactic and environmental conditions commonly experience within and in the
general vicinity of the Town of Tiburon; and (iii) is durable, taking into
consideration that the Site is an unsecured public space that may be exposed to
elements such as weather, temperature variation and considerable movement of
people and equipment. ; and
(d) Reasonable maintenance of the Artwork will not require procedures
substantially in excess of those described in the maintenance recommendations by
the Artist to the Town;
(e) The warranties described in this Section 3-2 shall survive for a period of
five (5) years after final acceptance of the Artwork. The Town shall give notice
to the Artist of any observed breach with reasonable promptness. The Artist shall,
at the instruction of the Town, and at no cost to the Town, cure reasonably and
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promptly the breach of any such warranty which is curable by the Artist and
which cure is consistent with professional standards, including for example, cure
by means of repair or re- fabrication of the Artwork as determined by the Town.
(f) Any warranty on this project is void if damage is due to invasive roots
from trees, plantings, or any other changes to the existing area beyond the Artist's
control. The Town has been advised by the Artist that the existing plaza Ficus
Trees in particular, pose a risk for uplifting pipes, vault and pool. The Town
assumes all risk to the project by these trees.
3-3 WARRANTIES OF ARTWORK
The Artist represents and warrants that the Artwork will not substantially vary or
deviate from the Town approved Artwork without the prior written consent of the
Town.
ARTICLE 4: INSURANCE
4.1 Contractor shall provide and maintain insurance as set forth in this Article on
behalf of Town.
( a) Commercial General Liability Insurance (primary) shall be provided on
ISO-CGL form No, CG 00 01 .11 85 or 88. or equivalent. Policy limits shall be
no less than one million dollars per occurrence for all coverages and two million
dollars general aggregate. Town and its employees and agents shall be added as
additional insured using ISO form CG 7057 (03-96) or equivalent. Coverage
shall apply on a primary, non-contributing basis in relation to any other insurance
or self-insurance, primary or excess, available to Town or any employee or agent
of Town. Coverage shall not be limited to the vicarious liability or supervisory
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role of any additional insured, Coverage shall contain no contractors- limitation
endorsement. There shall be no endorsement or modification limiting the scope
of coverage for liability arising from pollution, explosion, collapse, underground
property damage or employment-related practices.
(b) Business Auto Coverage shall be written on ISO Business Auto Coverage
from CA 00 01 06 92 or equivalent including symbol 1 (Any Auto). Limits shall
be no less than one million dollars per accident. This policy shall be scheduled as
underlying insurance to any umbrella policy required above for a total limit of no
less than two million dollars each accident.
(c) Workers Compensation/Employers Liability: Artist shall provide workers
compensation statutory benefits as required by law. Employers liability limits
shall be no less than one million dollars per accident or disease. Employers
liability coverage shall be scheduled under any umbrella policy described above.
Unless otherwise agreed, this policy shall be endorsed to waive any right of
subrogation as respects the Owner.
4.2 Before commencement of any work at the site, the Artist shall secure all insurance
required under this Article and provide written proof to the Town Attorney, nor
shall the Artist allow any subcontractor to commence work on any subcontract
until the subcontractor has obtained similar insurance submitted proof thereof to
the Town Attorney.
ARTICLE 5: COPYRIGHT
5-1 Copyright in the Artwork and related design, drawings, sketches, and models will
be owned by the Artist until acceptance of the Artist's Artwork by the Town
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pursuant to Section 1-6 hereof. Notwithstanding the foregoing, the Artist agrees
not to make use of such copyright in the Artwork for any purpose other than the
performance by the Artist of the Artist's obligations under this Artwork
Agreement, without the written consent of the Town, Upon acceptance of the
Artist's Artwork pursuant to Section 1-6 hereof, copyright in the Artwork will be
owned jointly by the Town and the Artist. Except as expressly authorized by this
Agreement, no use of the copyright will be made by the Artist or the Town
without the written consent of the other, which consent will not be unreasonably
withheld.
5-2 The Artist certifies that the Artwork is a unique work of art especially designed
for the Town, and shall not duplicate or reproduce the Artwork nor shall the Artist
permit others to do so except with the written permission of the Town.
5-3 The Town has the right to reproduce and distribute in printed form and on
commercial documents and or brochures or any other literature of the Town,
photographs, realistic renderings, videotapes, or films of the Artwork. Such
reproductions and use of the images of the Artwork for promotional purposes
shall not constitute a breach of copyright and no royalty shall be due and payable
by the Town to the Artist for such use.
5-4 The Artist has the right to reproduce and distribute in printed form and on
commercial documents and or brochures or any other literature of the Artist,
photographs, realistic renderings, videotapes, or films of the Artwork, Such
reproductions and use of the images of the Artwork for promotional purposes,
including any authorized books by the Artist, shall not constitute a breach of
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including any authorized books by the Artist, shall not constitute a breach of
copyright and no royalty shall be due and payable to the Town for such use.
5-5 CREDIT TO THE ARTIST
All reproductions of the Artwork by the Town shall contain a credit to the Artist.
5-6 CREDIT TO THE TOWN
The Artist shall use his best effort to give a credit in any public showing under the
Artist's control of illustrations of the Artwork to the Town.
ARTICLE 6: ARTIST'S RIGHTS
6-1 MAINTENANCE
The Town shall reasonably protect and maintain the Artwork against the ravages
of time, vandalism, skate boarders and the elements, in accord with the
instructions of the Artist provided under Section 1-5(b).
6-2 ARTIST REPRODUCTION RIGHTS
Pursuant to Article 5, Section 5-1, the Town agrees that the Artist shall have the
right to reproduce and distribute in printed form and on non-commercial
educational materials and brochures advertising or promoting the Artist and the
Artist's career, two-dimensional images such as photos, slides or realistic
renderings, video tapes, or films of the Artwork as installed and formally accepted
by the Town. Such reproductions and use of the images of the Artwork for
promotional and educational purposes shall be deemed to not constitute a breach
of copyright in any way and no royalty fee shall be due and payable to the Town
for such use. Such reproduction and images of the Artwork for publicity,
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promotion, and educational purposes shall, to the extent reasonably possible and
appropriate, give reference to the Town of Tiburon.
ARTICLE 7: ARTIST AS INDEPENDENT CONTRACTOR
The Artist shall perform all work under this Agreement as an independent contractor and
not as an agent or employee of the Town. The Artist shall not be supervised by any
employee or official of the Town nor shall the Artist exercise supervision over any
employee or official of the Town, The Town alerts the Artist to the provisions of the
Labor Code ~ 1771, which may require the payment of prevailing wages.
ARTICLE 8: ASSIGNMENT. TRANSFER AND SUBCONTRACTING
Neither the Town nor the Artist shall assign or transfer any interest except through
inheritance in this Agreement without prior written consent of the other. The Artist may
subcontract portions of the services to be provided hereunder at the Artist's expense
provided that said subcontracting shall not affect the design, appearance or visual quality
of the Artwork and shall be carried out under the personal supervision of the Artist, and
in accordance with all applicable laws.
ARTICLE 9: TERMINATION
If either party to this Agreement shall willfully or negligently fail to fulfill, in a timely or
proper manner, or otherwise violate any of the covenants or agreements material to this
Agreement, then the other party shall thereupon have the right to terminate this
Agreement by giving written notice to the defaulting party of its intent to terminate,
specifying the grounds for termination. The defaulting party shall have ten (10) days
after receipt of the notice to cure the default. In the event of default by the Artist, all
finished and unfinished drawings, sketches, photographs, and other products prepared
18
and submitted or prepared for submission by the Artist under this Agreement shall, at the
Town's option, become Town property, This, however, shall not relieve the Artist of
liability to the Town for damages sustained by the Town by virtue of any breach of this
Agreement by the Artist. In addition to all other remedies, the Town may reasonably
withhold payments to the Artist until such time as the exact amount of damages due the
Town from the Artist is determined.
ARTICLE 10: CONTRACT ADMINISTRATOR
The Contract Administrator for this Agreement shall be the Director or his or her
designee.
ARTICLE 11: NONDISCRIMINATION
In carrying out the performance of the services designated, the Artist shall not
discriminate as to race, religion, sex, age, sexual orientation, national origin, the presence
of any physical, mental or sensory handicap, or any other basis prohibited by applicable
law.
ARTICLE 12: COMPLIANCE
The Artist shall be required to comply with all federal and state laws and Town statutes,
ordinances, and regulations applicable to the performance of the Artist's services under
this Agreement
ARTICLE 13: ENTIRE AGREEMENT
This writing embodies the entire agreement and understanding between the parties hereto,
and there are no other agreements or understandings, oral or written, with reference to the
subject matter hereof that are not merged herein and superseded hereby.
19
ARTICLE 14: MODIFICATION
No alteration, change, amendment, or modification of the term of this Agreement shall be
valid, unless made in writing and signed by both parties hereto and approved by
appropriate action of the Town.
ARTICLEI5:~AIVER
No waiver of performance by either party shall be construed as or operate as a waiver of
any subsequent default of any terms, covenants, or conditions in this Agreement. The
payment or acceptance of fees for any period after a default shall not be deemed a waiver
of any right nor an acceptance of performance.
ARTICLE 16: GOVERNING LA~: VENUE
The laws of the State of California shall govern this Agreement, regardless of where
executed or performed. The County of Marin shall be the venue for resolving any
disputes arising out of this Agreement.
ARTICLE 17: HEIRS AND ASSIGNS
This Agreement shall be binding upon and shall inure to the benefit of the Town and of
the Artist and of their respective heirs, personal representatives, successors, and permitted
assigns.
ARTICLE 18: NOTICES
All notices, requests, demands, and other communications which are required or
permitted to be given under this Agreement shall be in writing and shall be deemed to
have been duly given upon delivery and receipt thereof, as the case may be, if delivered
personally or sent by certified mail, return receipt requested, postage-prepaid as follows:
20
Town:
Director of Public Works
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
Artist:
Jeffrey Reed and Jennifer Madden
Reed Madden Designs
1014 Curtis Street
Albany, CA 94706
ARTICLE 19: ATTORNEY'S FEES
Should any action or proceeding be brought to enforce the terms of this Agreement, the
prevailing party shall be entitled to reasonable attorney's fees and costs.
ARTICLE 20: EXHIBITS
This Agreement includes the following Exhibits, which are attached hereto and
incorporated herein by reference:
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Artwork RFP
Artwork Model
Artwork Description
Artwork Drawings
Scope of Work
Project Schedule
Encroachment Permit Conditions
21
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by his respective authorized officers or representatives as of the day and year set
forth on page one of this Agreement.
TOWN CLERK
APPROVED AS TO FORM:
--7~~
TOWN ATTORNEY
TO
ARTIST
g/>lbs
22
EXHIBIT NO.A-
A CIVIC FOUNTAINJOB TIBURON CALIFORNIA
REQUEST FOR QUALlFICA liONS
July 5, 2004
Reed Madden Designs
3944 lime Avenue
Long Beach, CA 90807
Dear Mr. Reed and Ms, Madden,
As discussed in our phone conversation, on behalf of the Tiburon Town Council, and 0 Committee of
Tiburon and Belvedere Gtizens, we are pleased to ask you to submit your qualifications to be
considered for the commission of a civic fountain for downtown Tiburon, CA. The fountain will
occupy the most prominent location in historic downtown nburon. It is intended to provide 0 .
gathering place for our citizens and guests and memorable thematic imagery through the ioyful
animation of water, light and movement.
With this letter we have induded:
CJ 1" = 20' plan of the site
CJ 1" = 20' aerial photograph of the s~e
CJ a site photograph
CJ Fountain Proied Parameters - Outline of parameters and characteristics for the fountain.
The Process for awarding the commission and executing the proiect are outlined as follows:
CJ Request for Qualifications [RFQ] sent by Tiburon July 15, 2004
CJ RFQs returned by artists August 15, 2004
CJ Selection of [up to four] finalists to be asked to submit Conceptual Designs September 15, 2004
The conceptual design will be represented by drawings, a written description of the
design and its water operation, lighting and other features and materials as
appropriate, a photo montage of the design in place, and a model at a scale of no
less than 1/2" = l' - 0". The conceptual design will also be accompanied by a cost
estimate by the artist and licensed building contractor. The artists selected to prepare
the Conceptual Design will receive an honorarium of $5,000 upon the presentation
of the Design.
CJ Presentation of Conceptual Design to Committee November 15, 2004
CJ Public Presentation of the Conceptual Designs to the Town Council November 20, 2004
CJ Designs Remain on Public Display November -December , 2004
CJ Council will announce its selection of the design to be awarded the commission .December 1 , 2004
During the fundraising period and through the completion and dedication of the
'fountain the Conceptual Design Presentation materials will remain in the possession
of the Town of nburon for its use.
[J After fundraising, the commission for the work will begin. The Town of Tiburon Building
Deportment and Public Works Deportment will receive engineering and building permit
applications. Fees will be waived by the Town of Tiburon. Upon receipt of building permits, the
artist and his/her contractors may begin work.
[J Completion is anticipated nine months after the commission is awarded.
The Request for Qualification [RFQ] should include the following:
(J Artist's vita, commissions, awards and publications os appropriate. Particularly important will be
information about other public art proiects and fountains.
[J The artist will be responsible for the entire proied. The artist will assemble and direct the team
of fabricators, engineers, suppliers and builders to complete the entire proiect. A written
description of the process os envisioned by the artist and the names and qualifications of the
other members of the artist's -team should be included.
Q A portfolio of the artist's relevant work. This will remain with the Town of nburon until the
selection of the finalists or if selected as a finalist, then until the award of the commission. It
will then be returned to the artist. if requested.
Q The names and contacts of references from other communities or individuak who hove
commissioned similar proiects from the artist
Q The artist's agreement in principal to the process as discussed in this letter. The Committee
would also be interested in the artist's comments and suggestions regarding amendment of the
process.
No preliminary design for this commission is required for the RFQ
Please address your RFQ package to:
Mr. Pat Echols
Director of Public Works/T own Engineer - Town of nburon
nburon Town Hall
1505 nburon Blvd.
Tiburon, CA 94920
We ore sending the RFQ to a limited number of artists (fewer than 10). We ore very excited to begin
the process of design and construction of the town fountain proiect. We hove received much public
support and expressions of financial participation for the fountain and we look forward to working
. with you.
Sincerely,
VV1!\
Miles Berger - Vice Mayor , To u on
(c Tom Gram, Alice Fredericks, Alex Mcintyre, Pat Echols
b>
FOUNTAIN PROJECT PARAMETERS
July 5, 2004
o THE PROJEaWILl BE A FOUNTAIN WITH WATER USED IN SOME FORM. AS THE LOCATION IS SUBJEaTO
OCCASIONAL WINDY DA YS,CARE WILL BE TAKEN IN THE DESIGN TO UMIT WIND.BLOWN SPRAY.
o THE FOUNTAIN SHOULD CONTAIN A SCULPTURAL ELEMENT IN METAL, STONE, MOSAIC, OR ANY MATERIAL THAT
WORKS WITH THE ARTlm CONCEPT.
[J THE ELEMENTS ARE TO BE FIGURATIVE WITH A ClEAR THEME UNIQUE TO TlBURON AND TO THE LOCAL HISTORY
OR SBTING. THEMATIC ELEMENTS MAY INCLUDE:
o TIBURON'S NAMESAKE SHARK
CJ THE RAILROAD HISTORY OF THIS lOCATION
o SAILING
o OTHER FIGURES OR ELEMENTS FROM TlBURON HISTORY
[J OTHER APPROPRIATE THEMES SUGGESTED BY THE ARTIST
[J THE EXISTING ARfA OF THE EXISTING CONCRETE PODIUM OR "WEDDING CAKE" PLANTER Will BE THE SITE AND
LOCATION OF THE WORK, THE EXISTING PODIUM CAN BE REPLACED OR ENCASED IN NEW MATERIALS THAT
SHOULD COMPUMENT OR MAY BEA FEATURE OF THE NEWPROJEa.
[J THE FOUNTAIN IS TO BE A GATHERING POINT WITH A SEATING ELEMENT, THE SEATING MAY BE A PART OF THE
PODIUM OR AROUND IT AS A PART OF THE WORK.
[J THE DESIGN SHOULD BE SAFE FOR FAMILY'S NORMAL REASONABLE USE,
[J THE EXISTING TREES ARE TO SAY AND THE REMAINDER OF THE PLAZA IS TO REMAIN "AS IS".
[J THE FOUNTAIN SHOULD INCORPORATE LIGHT OR BE LIT [AS PART OF THE OVERAll BUDGET] TO BE ATIRAOlVE
AT NIGHT AS WELL AS DURING THE DAY
[J THE FOUNTAIN EQUIPMENT Will BE OF HIGH QUALITY AND LOW MAINTENANCE, COST OF EQUIPMENT AND
UTILITIES WILL BE INCLUDED IN THE BUDGET,
[J THE ALL.INCLUSIVE BUDGET SHAll BE S250,000 FOR THE DESIGN, EQUIPMENT, INSTALlATION, UTIUTlES AND
FOUNTAIN, THE TOWN OF TIBURON WilL BRING ELECTRICAL AND WATER SERVICE TQ THE SITE.
[J THE SCHEDULE IS FOR COMPLETION BY MID 2005.
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EXHIBIT NO.~
"Coming About"
by
Jeffrey Reed and Jennifer Madden
A shark's fin. A bird's wing. Seven sails
glistening above the bay. All of these forms take
to life through the graceful rotation of the
12-foot-high, brushed stainless steel sculpture. A
shallow reflecting pool below catches the forms
above, infusing them with nuanced movement as a
gentle flow of water cascades over its infinity-
edge. Two benches envelop the pool, evoking the
profile of a boat from afar -- its name, "Tiburon,"
is etched into the starboard hull. Additional
seating creates viewing opportunities from multiple
angles, giving rise to new forms, born of
imagination. The sculpture glimmers at night
thanks to indirect lighting within the pool and at
its edge, transforming the arching sheets of steel
into a beacon for the downtown, both day and night.
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EXHIBIT E
Scope of Work
Sculptural Fountain "Coming About"
The following describes the scope of work to be undertaken by Reed Madden Designs to create a
sculptural fountain and seating area for the town of Tiburon. The sculptural fountain will be
constructed and scaled as proposed in the model presented to Tiburon Town Council in January,
2005.
Reed Madden Designs will provide the following:
· Work schedule and payment plan
· Construction drawings for city permit with structural engineering by Jacob Feldman.
(City will waive any permit fees.)
· Schematic pump and fountain specifications by fountain engineer - Goepp Associates.
· Donor plaque purchase and installation with dedication per Town Funding Agreement
with Laleh Zelinsky
· Title plaque purchase and installation with title, date and artists names
· Plumbing and electrical hookup from city services to vault and fountain. (Town will
provide water, sewer and electrical hook ups to site or will reimburse artist for cost of
this work)
· Vault excavation, installation and plaza resurfacing for vault hookup. (Resurfacing for
main water and electrical lines done by the city)
· Demolition and removal of existing circular-tiered planter
· Construction and installation of fountain sculpture containing:
Seven Sail-Tail kinetic sculptural elements in orbital-brushed stainless steel
Pool: approximately 22-foot diameter, max. 18" deep
Two approx. 12-foot infinity water edges with grating and trough for catchments,
· Boat-wall & bench (colored concrete with st~Iess steel suspension rods)
8' Lens-shaped bench ( colored concrete)
Single arc bench on pool edge ( colored concrete)
Walking surface between "boat" benches (colored concrete w/groves every 2")
3' x 55' Perimeter concrete surface with seeded rock for anti-skateboarding.
50' concrete or stainless-steel cub to deter leaf litter in water catchment.
· Install waterworks & lighting components
Adjustable Low Profile Underwater Lights (minimum 16)
Electrical-Plumbing Vault by Fountain People, Inc. (or equivalent other) containing
all controls, recirculation pumps, ozone filtration, and water treatment systems.
Features include: Heavy-duty FRP enclosure, structurally engineered and certified
for in-ground installation; full electrical clearance per NEC standards; thermally
protected pumps; forced air ventilation system; automatic sump pumps, interior
heavy-duty light fixtures; OSHA approved fiberglass ladder; non-skid rubber
floor mat; lockable lid with lock-open ann, stainless steel lock hasp, and stainless
steel hinge; stainless steel anchors and tie-down cables; main pump strainers; 18"
sand filter with multi-port valve; 1"-2" water fill station (Auto Fill) with solenoid
valve, pressure reducing valve, water hammer arrestor, and hose bib with hose.
W all mounted maintenance procedures for all equipment.
· Plaza resurfacing around perimeter to restore plaza to pre-work condition
6/28/05
EXHIBIT F
Timing & Payment Schedule
Sculptural Fountain "Coming About"
Overall budget for project (as outlined in "Scope of Work" document): $253,500
Phase One: (July and August)
Complete all design documents and engineering.
Phase Two: (September through December)
Design development: create prototype mock-up and material samples, test water
movement and edge treatments.
Phase Three: (January and February)
Completion of all off-site fabrication of stainless steel sculptures and mold work.
Purchase of fountain equipment and lighting.
Phase Four: (March, April and May)
Demolition and fountain construction on site. Completion expected by the end of
May.
Schedule of Payments:
$50,700 (twenty percent) upon execution of this Agreement
$50,700 (twenty percent) at completion of phase two
$76,050 (thirty percent) at completion of phase three
$76,050 (thirty percent) at Final Acceptance by Town
6/28/05
ENCROACHMENT PERMIT SPECIAL PROVISIONS
Town of Tiburon · 1505 Tiburon Boulevard. Tiburon, CA 94920. P. 435.435,7373 F. 415.435.2438
Office of the Town Engineer / 415.435.7388
LOCATION OF WORK: TIBURON FOUNTAIN PLAZA
EXHmIT NO. Gr
PERMIT No.
Applicant to conform to Special Instructions as indicated below:
GENERAL
Representative:
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Altemate:
. Applicant must renew permit to perform work after
Permit valid until
this date.
Submit engineer's or contractor's cost estimate for work within public rig ht..o r-way .
Fee paid is the minimum fee for this work. Per Town resolution, permit fee is 30/0 of the
value of work within the public right-of-way ($300 minimum). Accordingly fee is
$ payable before construction begins.
A performance bond shall be required in the amount of $
_cash/check Certificate of Deposit Instrument of Credit
Bond.
Bond shall be
Insurance
Sidewalk and/or driveway shall be sawcut at existing score lines and the entire section
removed and replaced.
Permit is for work within the Tiburon public right-of-way and public property only.
No work to be done in existing street pavement area.
All work shall be done in accordance with the latest APWA Green Book (where applicable).
All work shall be done in accordance with the applicable sections of the CalTrans Standard
Specifications.
All work shall be done in accordance with the latest Marin County Standard Plans and
Specifications (where applicable).
Before starting work, the applicant shall designate a representative and his/her on-site
phone number. The representative shall have complete autQority to act for applicant. An
alternate representative may be designated as well. The representative or alternate shall
be present at the work site whenever actions of the construction necessitate their presence
to protect the work, persons, or property. Any order or communication given to the
representative shall be deemed delivered to the applicant.
On-site phone number
On-site phone number
[k( Applicant shall provide Public Works Department with a written work schedule five (5) days
prior to scheduled start date.
D Applicant shall not begin work on a section unless all previously started sections are either
completed or are actively under construction and applicant has the workforce required to
start a new section without affecting the progress on previously started sections.
S:\Public Works\Engineering Division\Fountain Art Project\E.P. Special Provisions.doc
Town ofTiburon. 1505 Tiburon Boulevard. Tiburon, CA 94920. P. 435.435.7373 F. 415.435.2438
Office of the Town Engineer /415.435.7388
[!(
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Applicant shall protect all trees and landscaping from damage from construction
operations. Root pruning and root crown work shall not be performed without the
supervision and guidance of the Public Works Department representative. All roots 2
inches in diameter or larger will be examined and preserved.
The applicant at no additional cost to the Town shall replace facilities and landscaping in
the public right-of-way damaged due to the construction operation,
No heavy equipment will be allowed from the face of curb to the property line.
Other
D
D
EXCAVATION
o All excavation, backfill, and resurfacing must meet (A) Marin County Standard Plan 991, or
(B) Town standards, if attached. For trench and resurfacing designs not in conformance
with the standard circled above the applicant shall submit engineered drawings to the Town
Engineer for approval.
o Trenching is not allowed; installation shall be by boring or jacking only. An excavation at.
the connection and potholing for obstructions will be allowed.
o Open trenches shall not exceed feet at any given time.
D Excavations which have not been backfilled permanently by the end of the work period
shall be covered with steel plates strong enough to support prevailing traffic. Plate bridging
shall be secured against movement. Plates used for bridging shall extend one-foot
minimum beyond edges of trench. Temporary paving materials (premix) shall be used to
feather the edges of the plates to minimize wheel impacts.
o Compaction testing and reports are required for all recompaction of trench fill material.
Materials shall be compacted in accordance with the "All Cities and County of Marin,
Standard Specifications and Construction Details. II
o Backfill shall be Control Density Fill (CDF), or other approved slurry backfill. All slurry
backfills shall contain between 200 and 250 pounds of Portland cement per cubic yard of
slurry. A mix design for the slurry backfill shall be submitted to the Department of Public
Works for review prior to issuance of the permit.
o Excavation in this area must be cleared through the Marin County Department of
Environmental Health.
o No cutback allowed for temporary trench restoration.
o Temporary restoration shall be hot mix asphalt
~ Other: Brick pavers and other existina surfaces removed or damaaed durina construction
shall be restored to match adiacent surfaces.
SURFACE RESTORATION
o Pavement must be slurry-sealed to a width exceeding the trench edges by 3' in all
directions.
o Applicant shall reimburse the Town for its cost to slurry seal the traffic lane or shoulder
above the trench.
S:\Public Works\Engineering Division\Fountain Art Project\E.P. Special Provisions. doc
Town ofTiburon. 1505 Tiburon Boulevard · Tiburon, CA 94920. P. 435.435.7373 F. 415.435.2438
Office of the Town Engineer 1415.435.7388
o A minimum overlay of 2" of A.C. is to be placed in the area of construction to a width of
feet. Grinding may be necessary for edge matching.
o The traveled way of this street is to receive an overlay of slurry seal through the area of
construction.
o The applicant, at no additional cost to the Town, shall replace traffic markings removed or
damaged due to the construction operation.
o Other
TRAFFIC CONTROL
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Submit a complete traffic control plan to the Town Engineer at least five (5) working days
prior to the start of construction. Project may be stopped if condition not met. The traffic
control plan shall include all streets and locations where work is to be performed and shall
indicate each stage of work, closure dates for street and/or lane, section of closure,
signage, flagmen and any other pertinent information. The traffic control plan shall be
reviewed and approved by the Town Engineer before the contractor shall begin work. Plan
shall include which parking spaces will be made unavailable to the public.
Coordinate traffic control plan and all temporary road closures with the Tiburon Police
Department.
Hours of work in street pavement will be limited to
Traffic control during construction shall be in accordance with the current edition of the
'Work Area Traffic Control Handbook rNA TCH).
Traffic control (if necessary) during construction shall be in accordance with the current
CalTrans requirements.
At least
lane(s) of traffic must be maintained in each direction at all times.
Applicant shall make arrangements at their own expense for a staging area for the
temporary stockpiling of material and equipment storage. The Contractor will not be
allowed to use public streets or property for such purpose without written approval of the
Town Engineer.
Applicant must notify the Golden Gate Bridge Transit Authority 48 hours prior to the
beginning of any work which may interfere with normal bus operations.
Emergency access is to be maintained at all times.
Charge for use of metered parking
Trucks used for the exporting or importing of soil, rock or other granular materials shall be
limited to a maximum capacity of six (6) cubic yards. Ready-mix concrete trucks are exempt
from this size restriction.
Other: Pedestrian access (ADA comoliant) must be maintained around the construction area
at all times.
S:\Public Works\Engineering Division\Fountain Art Project\E.P. Special Provisions. doc
Town ofTiburon. 1505 Tiburon Boulevard · Tiburon, CA 94920. P. 435.435.7373 F. 415.435.2438
Office of the Town Engineer 1415.435.7388
PUBLIC RELATIONS
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Work shall be accomplished in such a manner as to provide access to all side streets and
properties whenever possible. If access to adjacent properties cannot be provided, make
direct contact with affected residents/merchants at least 48 hours in advance.
Post project limits with notification signs, with contact phone numbers, at least three days
before construction, and provide mailer or door hanger, reviewed and approved by the
Public Works Department, to affected properties.
Where necessary, applicant shall post uNo Parking" signs in areas of work at least seventy-
two (72) hours in advance. The signs shall state the day(s), date(s), and time of
construction work. uNo Parking" signs shall be placed in full view along the side of the road
and not more than one hundred (100) feet apart.
In accordance with the Municipal Code, heavy construction noise will not be permitted
between the hours of 5:00 PM and 8:00 AM on Monday through Saturday. No work will be
allowed on Sundays or holidays. Night work will only be allowed by permission of the Town
Engineer. To obtain permission for night work, the permittee shall make a formal request in
writing showing the location of properties affected by the disruption of utility service, as well
as the properties that will be affected by the construction noise.
Work site shall be kept clear and free from rubbish and debris. Clearing sweeping, and
sprinkling with water or other means shall be performed to abate dust. The use of water
resulting in mud on public streets will not be permitted as a substitute for sweeping or other
methods. All cleaning and dust abatement methods must conform to the Best Management
Practices (BMPs) guidelines as set forth by the Marin County Stormwater Pollution
Prevention Program (MCSTOPPP).
Other
S:\Public Works\Engineering Division\Fountain Art Project\E.P. Special Provisions.doc