HomeMy WebLinkAboutStaff Report 428-08CRy Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:
DATE:
CITY MANAGER
NOVEMBER 10, 2008
DEPARTMENT: COMMUNITY SERVICES
CMR: 428:08
REPORT TYPE: REPORTS OF OFFICIALS
SUBJECT:Approval of Contracts with: 1) Artist Bruce Beasley in the Amount of
$190,000, and 2) Aaron Garfunkel Landscapes, Inc. in the Amount of
$35,500, for the Creation and Installation of a New Fountain Replacing
the Damaged Fountain on California Avenue
RECOMMENDATION
Staff recommends that the Council authorize the City Manager or his designee to execute
the attached contract (Attachment A) in the amount of $190,000 with Bruce Beasley for
the creation of a fountain for California Avenue located at California Avenue and Park
Boulevard and the attached contract (Attachment B) in the amount of $35,500 with Aaron
Garfinkel Landscapes, Inc. for the installation of the fountain.
BACKGROUND
The California Avenue fountain replacement project has been pending before the Public
Art Commission since 2005. The Public Art Commission completed its recommendation
in January of 2008. The project was initially scheduled for Council consideration and the
award of a contract using Public Art Commission funds in May of 2008. Staff pulled the
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project from the Council agenda to address significant public concern around maintaining
the presence of a water feature and the project as a fountain. Staff developed the
following options:
Recommended Option
Proceed with the original Beasley fountain proposal using $190,000 in funding available
from the Public Art Commission, CIP Project AC-86017 (Art in Public Places Program).
Staff also investigated the cost of incorporating water into the Beasley fountain at an
additional $35,000 which can be funded from the CIP Project PE-07005 (California
Avenue Improvements) earmarked for fountain repair or replacement. This option brings
a unique fountain and a signature work of art to the California Avenue gateway, a piece
that separates California Avenue from business districts and malls across the country.
This option has also become financially feasible to include the water element because of
the competitive bidding process. Staff found the lowest responsible bidder to add the
water to be within the allocated budget. Also the Beasley piece offers a unique
opportunity to install an important artwork within the Public Art Commission’s
Resources.
Maintenance Option
The California Avenue fountain requires the ongoing maintenance of approximately
$4,500 annually. The annual maintenance figure is currently expended and would be the
same for all options. This includes $730 per year for electricity, $3600 annually for
cleaning and refilling, and $100 per year for pump maintenance. Maintenance could see
an increase in cost depending on the fountain’s continuing deterioration. Maintaining the
current fountain is not desirable as its condition does not enhance California Avenue and
a gateway location to Palo Alto. There is already corrosion identified on the bolts and
braces that hold the fountain from falling and over time the braces would also need to be
repaired or replaced. On August 29, 2008, an updated assessment of the fountain’s
present condition was conducted by Public Works Water Quality Control Maintenance.
A summary of the assessment is attached (Attachment E). The assessment confirms that
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some of the wiring and tubing will need to be replaced. The damaged pedestal and
fountain bowl cannot be repaired and will need to be replaced.
"Off the Shelf Option"
The cost of an "off the shelf" fountain would cost approximately $4,500 not including a
cast pedestal, installation of the bowl and mechanicals. Pre-cast fountains are mass
produced for public areas throughout the country, are generally indistinctive and would
not compare to the originality of the Beasley work. California Avenue has developed a
reputation as a destination for public art. Installing a world class piece in this prominent
location would significantly contribute to the character of California Avenue.
Replacement Option
This option would save the pool and surrounding concrete rim, removing and replacing
the damaged pedestal and bowl which cannot be repaired due to the extent of the damage.
The current California Avenue fountain was installed in the early 1970’s by the City of
Palo Alto. The cost of recasting the pedestal and bowl ranges from $12,000 to $46,000.
and would not qualify for Public Art funds. Initial discussion with vendors as the lower
range of $12,000 it is felt that this option could be covered by the $50,000 in funding
from the CIP Project PE-07005 (California Avenue Improvements).
The maintenance, replacement and "off the shelF’ options do not prevent the possibility
of future damage by trucks, The Beasley installation includes appropriate landscape
upgrades to protect the work from vehicle impact.
Histol~
The opportunity to replace the damaged fountain on California Avenue was brought to
the Public Art Commission in 2005. As part of the CIP PE07005 - California Avenue
Improvements to repair or remove the fountain, $50,000 was identified. The fountain had
been damaged by delivery trucks on two separate occasions with extensive damage to the
fountain, including cracks at its base which made it necessary to brace the fountain bowl
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to prevent it from falling over. A sub-committee of the Public Art Commission was
formed to research and bring a proposal back to the Commission.
Nationally known, California-based artists David Gilhooly, Laddie John Dill, David
Hooter, and Bruce Beasley were contacted to ascertain interest in the project. Bruce
Beasley, based on the quality of his work, his stature as an internationally known artist
whose work would be noted as a signature piece for the City, and his experience with
creating public fountains, was identified as the artist for the project. Beasley submitted a
proposal in March 2006 and a sub-committee of the Public Art Commission visited his
studio in May of 2006. Beasley was also willing to create a sculpture or fountain for Palo
Alto at 50% of market value for his work. The Commission unanimously approved
Bruce Beasley as the project artist at their May 18, 2006 meeting. The Commission, in
an effort to raise non-City funding for the project, approached the California Avenue
Area Development Association (CAADA). CAADA had earlier reached out to the
Commission to help support preserving the fountain. CAADA opted not to commit funds
at that time in view of the planning effort underway for California Avenue and the grants
that were in process through the City. The Beasley fountain project was also included in
two City grant proposals to the Metropolitan Transportation Commission and Santa Clara
Valley Transportation Authority. Both grant requests were rejected.
In October 2007, the Commission received bids to install the Beasley piece as a fountain.
Proposals varied greatly ranging between $99,000 to $119,000. It was then decided due
to the projected cost, which would exceed available funding, that the Commission would
begin a discussion of the creation of a sculpture by Beasley for the space instead of a
fountain. Beasley was willing to shift his focus from a fountain to a stand-alone sculpture
with seating.
On January 17, 2008, after the Palo Alto Public Art Commission voted unanimously 5-0
(one member absent) to contract with artist Bruce Beasley to create a stand-alone
sculpture. Following in the footsteps of the Fletcher Benton sculpture installation at the
Palo Alto/Stanford Playing Fields, the Commission was looking for an artist with a
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significant reputation to create the artwork on California Avenue, a gateway site into Palo
Alto. Bay Area artist, Bruce Beasley, is one of twenty artists worldwide who has been
commissioned to create artwork for the Olympics in Beijing, China. Many cities
including the City of San Francisco, Brea, Sacramento, and Stanford University feature
artwork by Bruce Beasley.
The Public Art Commission’s recommendation was scheduled to go to Council on May
19, 2008 and was removed from the agenda due to public concern and comment about
keeping a water feature in place at the California Avenue location. On May 27, a special
meeting of CAADA was called to revisit incorporating water into the sculpture. Artist
Bruce Beasley attended, confirming his interest in going back to the original intent to
create the fountain. He spoke of the fountain’s design made from grey and white granite
evoking elements of the high Sierras and incorporating water symbolic of mountain
streams flowing into California’s rivers. CAADA voted to approve the Beasley piece
incorporating the water elements. In an effort to help reduce costs for its installation
Beasley agreed to keep his fee at $190,000.
Final RFP and Selection Process
A Request for Proposals (RFP) was again solicited based on a revised scope of work, to
remove the existing fountain, prepare the site including mechanicals and plumbing,
excavate and create the pool, install the sculpture, plumbing for the water feature, and
retaining granite, and repair the surrounding pavement.
A notice inviting proposals for this project was posted at City Hall on July 28, 2008 and
sent to four independent contractors. The bidding period was 23 days. Proposals were
received from two qualified contractors on August 19, 2008 as listed on the attached bid
summary (Attachment D).
The solicitation for the California Avenue Fountain Replacement Project was made by
RFP format, because it involved design, creativity and innovation in working with all
aspects of the installation, including developing a concept of design appropriate and
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compatible with the art piece. A team of staff from Parks and Public Works Engineering
evaluated the proposals. The proposal by Aquatic Environments proposed a higher price
that exceeded available funding. Purchasing staff called Aquatic Environments and
confirmed that the bid quote covered all costs, including materials, labor, transportation,
permits, fees, etc., including replacement of pump, piping etc., as may be required.
Purchasing and Public Works Engineering staff also called Aaron Garfinkel Landscapes,
Inc. Aaron Garfinkel confirmed that he understood the work involved, was a small
contractor with a long involvement with Palo Alto and had a successful track record of
projects. Based on the proposals and follow-up calls by staff, Aaron Garfinkel
Landscapes, Inc. was recommended. The concrete pavement work, indicated as optional
in the Garfinkel proposal, will be included as necessary with additional 15% contingency
added. A summary of the bid process is enclosed on page 2 of attachment C.
Aaron Garfinkel Landscapes, Inc. was selected. Staff recommends that the $30,500 plus
$5,000 as a contingency of 15 percent be accepted and that Aaron Garfinkel Landscapes,
Inc. be declared the lowest responsible bidder. The contingency amount of $5,000 (which
equals 15% of the total contract) is requested to resolve unforeseen problems and/or
conflicts that may arise during the construction period. Bruce Beasley, working with
Public Works Engineering and Aaron Garfinkel, Inc., will develop engineered drawings
of the sculpture and a site plan which shows the fountain in the same footprint as the
existing fountain, including the central granite sculpture, the pool, and granite pieces
surrounding the pool. The Bruce Beasley artist contract is a "sole source" purchase and
documentation is attached. Staff has developed a scope of work for the project that
ensures that the fountain is developed, engineered, created, transported, and installed in a
timely and cost efficient manner.
RESOURCE IMPACT
The total costs for this project are $225,500. This includes $190,000 for the sculptor,
$30,500 for the installation, and an installation contingency of $5,000.
Funding appropriated to date and proposed to be used for this project includes:
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CIP Project AC-86017 (Art in Public Places Program)
CIP Project PE-07005 (California Avenue Improvements)
Total
Project costs
Gap
$135,000
$ 50,000
$185,000
$ 225,500
($40,500)
The project gap would be funded through the Public Arts Commission 2010 budget
allocation. Under the agreement with the fountain sculptor, $55,000 will be required for
payment in 2009-10. The Art in Public Places Program customarily receives $50,000
annually in the CIP. The Public Art Commission has a current available fund balance of
$37,500 for 2008-09, which includes $5,000 approved to be carried over to 2009-10. The
approval of $50,000 CIP General Fund dollars in the budget process for FY 2009-2010
will allow final payment of $55,000 to the Artist in 2009-10. These funds have not been
appropriated as yet by Council. Also because funds will not be aggregated, no Budget
Amendment Ordinance is required.
The California Avenue fountain will require the ongoing maintenance of approximately
$4,500 annually. This includes $730 per year for electricity, $3600 annually for cleaning
and refilling, and $100 per year for pump maintenance. These costs are already included
since the City is currently maintaining the fountain.
POLICY IMPLICATIONS
This recommendation does not represent any change to existing City policies.
The proposed project is consistent with existing City policy, including Comprehensive
Plan Policies: Maintaining and Enhancing Community Character, L-21, L-62, L-72, L-
74, L-75, and Program B-3.
ENVIRONMENTAL REVIEW
This project has been determined to have no significant effect on the environment and to
be categorically exempt from review under the California Environmental Quality Act
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(CEQA), as the repair and maintenance
CEQA Guidelines, Section 15301 (c).
of existing and similar facilities pursuant to
ATTACHMENTS
Attachment A: Contract Bruce Beasley
Attachment B: Contract Aaron Garfinkel Landscapes, Inc.
Attachment C: Bid Summary
Attachment D: August 29, 2008, Fountain assessment by Public Works WQCP
Maintenance including photos of fountain.
Attachment E: Photo from Quick Crete Products Corp. of"off-the,shelf" cast fountain
similar to California Avenue Fountain with drawings
Attachment F: Site Photo digitally created with Beasley fountain
Attachment G: Artist Bio
PREPARED BY:
DEPARTMENT HEAD:
CRAIGHEAD
and Sciences Division Manager
GREG
Interim Director of Community Services
CITY MANAGER APPROVAL:
JAM_E~ENE
City ~anager
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Attachment A .;
CITY OF PALO ALTO CONTRACT NO. C08126623
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
BRUCE BEASLEY
FOR PROFESSIONAL SERVICES
DESIGN AND CREATION OF SCULPTURE WITH WATER ELEMENT
This AGREEMENT is entered into November 12, 2008, by and between the
CITY OF PALO ALTO, a charter city and a municipal corporation of the State of California
("CITY"), and Bruce Beasley, Artist and sole proprietor, located at 322 Lewis Street, Oakland, CA
94607-1236, (PH) 510-836-1414 ("CONSULTANT" and/or "ARTIST").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to install a sculpture with a water element at the site of the fountain located on
California Avenue, Palo Alto ("Project") and desires to engage a consultant to design, create and
install the Fountain in connection with the Project ("Services").
B. CONSULTANT has represented that it has the necessary professional expertise,
qualifications, and capability, and all required licenses and/or certifications to provide the Services.
C. CITY in reliance on these representations desires to engage CONSULTANT to Provide the
Services as more fully described in Exhibit "A", attached to and made a part of this Agreement.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and
conditions, this Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in
Exhibit "A" in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution,
November 12, 2008 through December 31,2011 or upon completion of the services in accordance
with the Schedule of Performance attached as Exhibit"B", whichever occurs first, unless terminated
earlier pursuant to Section 19 of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of
Services under this Agreement. CONSULTANT shall complete the Services within the term of this
Agreement and in accordance with the schedule set forth in Exhibit "B", attached to and made a part
of this Agreement. Any Services for which times for performance are not specified in this Agreement
shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner
based upon the circumstances and direction communicated to the CONSULTANT. CITY’s
agreement to extend the term or the schedule for performance shall not preclude recovery of damages
for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services described in Exhibit "A", including both payment
for professional services and reimbursable expenses, shall not exceed one hundred ninety thousand
Dollars ($190,000.00). The applicable rates and schedule of payment are set out in Exhibit "C",
entitled "COMPENSATION," which is attached to and made a part of this Agreement.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions of
Exhibit "C". CONSULTANT shall not receive any compensation for Additional Services performed
without the prior written authorization of CITY. Additional Services shall mean any work that is
determined by CITY to be necessary for the proper completion of the Project, but which is not
included within the Scope of Services described in Exhibit "A".
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit invoices to
the CITY describing the services performed and the applicable charges (including, if applicable, an
identification of personnel who performed the services, hours worked, hourly rates, and reimbursable
expenses), based upon the CONSULTANT’s billing rates (set forth in Exhibit"C"). If applicable, the
invoice shall also describe the percentage of completion of each task. The information in
CONSULTANT’s payment requests shall be subject to verification by CITY. CONSULTANT sha!I
send all invoices to the City’s project manager at the address specified in Section 12 below. The City
will generally process and pay invoices within thirty (30) days of receipt.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be
performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents
that it possesses the professional and technical personnel necessary to perform the Services required
by this Agreement and that the personnel have sufficient skill and experience to perform the Services
assigned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted,
have and shall maintain during the term of this Agreement all licenses, permits,, qualifications,
insurance and approvals of whatever nature that are legally required to perform the Services.
All of the services to be furnished by CONSUIXANT under this agreement shall meet the
professional standard and quality that prevail among professionals in the same discipline and of
similar knowledge and skill engaged in related work throughout California under the same or similar
circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and
in compliance with all federal, state and local laws, ordinances, regulations, and orders that may
affect in any manner the Project or the performance of the Services or those engaged to perform
Services under this Agreement. CONSULTANT shall procure al! permits and licenses, pay all
charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and
all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives
notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design
documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors,
omissions or ambiguities discovered prior to and during the course of construction of the Proj ect.
This obligation shall survive termination of the Agreement.
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SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works
project, CONSULTANT shall submit estimates of probable construction costs at each phase of
design submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%)
of the CITY’s stated construction budget, CONSULTANT shall make recommendations to the CITY
for aligning the PROJECT design with the budget, incorporate CITY approved recommendations,
and revise the design to meet the Project budget, at no additional cost to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing
the Services under this Agreement CONSULTANT, and any person employed by or contracted with
CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an
independent contractor and not an agent or employee of the CITY.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or
transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations
hereunder without the prior written consent of the city manager. Consent to one assignment will not
be deemed to be consent to any subsequent assignment. Any assignment made without the approval
of the city manager will be void.
SECTION 12. SUBCONTRACTING. CONSULTANT shall not subcontract any portion of the
work to be performed under this Agreement without the prior written authorization of the city
manager or designee.
CONSULTANT shall be responsible for directing the work of any subconsultants and for any
compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning
compensation. CONSULTANT shall be fully responsible to CITY for al! acts and omissions of a
subconsultant. CONSULTANT shall change or add subconsultants only with the priorapproval of
the city manager or his designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Bruce Beasley as
the project director to have supervisory responsibility for the performance, progress, and execution of
the Services and as the project coordinator to represent CONSULTANT during the day-to-day work
on the Project. If circumstances cause the substitution of the proj ect director, project coordinator, or
any other key personnel for any reason, the appointment of a substitute project director and the
assignment of any key new or replacement personnel will be subject to the prior written approval of
the CITY’s project manager. CONSULTANT, at CITY’s request, shall promptly remove personnel
who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present
a threat to the adequate or timely completion of the Project or a threat to the safety of persons or
property.
The City’s project manager is Linda Craighead, Community Services Department, Arts and Culture
Division, Art Center, Palo Alto, CA 94303, Telephone: 650-329-2519. The project manager will be
CONSULTANT’s point of contact with respect to performance, progress and execution of the
Services. The CITY may designate an alternate project manager from time to time.
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SECTION 14. O~VNERSHIP OF MATERIALS. Upon delivery, all work product, including
without limitation, all writings, drawings, plans, reports, specifications, calculations, documents,
other materials and copyright interests developed under this Agreement shall be and remain the
exclusive property of CITY without restriction or limitation upon their use. CONSULTANT
agrees that all copyrights which arise from creation of the work pursuant to this Agreement sha!l
be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other
intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if
any, shall make any of such materials available to any individual or organization without the
prior written approval of the City Manager or designee. CONSULTANT makes no
representation of the suitability of the work product for use in or application to circumstances not
contemplated by the scope of work.
SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during
the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records pertaining to
matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such
records for at least three (3) years after the.expiration or earlier termination of this Agreement.
SECTION 16. INDEMNITY.
16.1. To the fullest extent permitted by law, CONSULTANT shall protect,
indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents
(each an "Indemnified Party") from and against any and all demands, claims, or liability of any
nature, including death or injury to any person, property damage or any other loss, including all costs
and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements
("Claims") resulting from, arising out of or in any manner related to performance or nonperformance
by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless
of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to
require CONSULTANT to indemnify an Indermaified Party from Claims arising from the active
negligence, sole negligence or willful misconduct of anIndemnified Party.
16.3. The acceptance of CONSULTANT’s services and duties by CITY shall not
operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive
the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant,
term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not
be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of
any subsequent breach or violation of the same or of any other term, covenant, condition, provision,
ordinance or law.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full
force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D".
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CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITYas an
additional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers
with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to
transact insurance business in the State of California. Any and all contractors of CONSULTANT
retained to perform Services under this Agreement will obtain and maintain, in full force and effect
during the term of this Agreement, identical insurance coverage, naming CITY as an additional
insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrently
with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk
Manager and will contain an endorsement stating that the insurance is primary coverage and will not
be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the
Purchasing Manager thirty (30) days’ prior written notice of the cancellation or modification,
CONSULTANT shall be responsible for ensuring that current certificates evidencirig the insurance
are provided to CITY’s Purchasing Manager during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULTANT’s liability hereunder nor to fulfill the indemnification provisions
of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be
obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as
a result of the Services performed under this Agreement, including such damage, injury, Or loss
arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The city manager may suspend the performance of the Services, in whole or in
part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice
thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately
discontinue its performance of the Services.
19.2. CONSULTANT may terminate this Agreement or suspend its performar~.ce of
the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a
substantial failure of performance by CITY.
19.3. Upon such suspension or termination, CONSULTANT shall deliver to the
City Manager immediately any and all copies of studies, sketches, drawings, computations, and other
data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to
CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will
become the property of CITY.
19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid
for the Services rendered or materials delivered to CITY in accordance with the scope of services on
or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided,
however, if this Agreement is suspended or terminated on account of a default by CONSULTANT,
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CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s
services which are of direct and immediate benefit to CITY as such determination may be made by
the City Manager acting in the reasonable exercise of his/her discretion
19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will
operate as a waiver on the part of CITY of any of its rights under this Agreement.
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY:Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager.
To CONSULTANT:Attention: Bruce Beasley
322 Lewis Street
Oakland, CA 94607-1236
SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting this Agreement, CONSULTANT covenants that it presently has
no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would
conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance of this Agreement,
it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT
certifies that no person who has or will have any financial interest under this Agreement is an officer
or employee of CITY; this provision will be interpreted in accordance with the applicable provisions
of the Palo Alto Municipal Code and the Government Code of the State of California.
21.3. If the Project Manager determines that CONSULTANT is a "Consultant" as
that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT
shall be required and agrees to file the appropriate financial disclosure documents required by the
Palo Alto Municipal Code and the Political Reform Act.
SECTION 23. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section
2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person because of the race, skin color, gender, age, religion,
disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status,
weight or height of such person. CONSULTANT acknowledges that it has read and understands the
provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination
Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section
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2.3 0.510 pertaining to nondiscrimination in employment, including completing the form furnished by
CITY and set forth in Exhibit "E." (Not applicable to sole proprietor).
SECTION 24. MISCELLANEOUS PROVISIONS.
24.1. This Agreement will be governed by the laws of the State of California.
24.2. In the event that an action is brought, the parties agree that trial of such action
will be vested exclusively in the state courts of California in the County of Santa Clara, State of
California.
24.3. The prevailing party in any action brought to enforce the provisions of this
Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that
action. The prevailing party shall be entitled to recover, an mount equal to the fair market value of
legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third
parties.
24.4. This document represents the entire and integrated agreement between the
parties and supersedes all prior negotiations, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, which is signed by the parties.
24.5. The covenants, terms, conditions and provisions of this Agreement will apply
to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the
parties.
24.6. If a court of competent jurisdiction finds or rules that any provision of this
Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full force and effect.
24.7. All exhibits referred to in this Agreement and any addenda, appendices,
attachments, and schedules to this Agreement which, from time to time, may be referred to in any
duly executed amendment hereto are by such reference incorporated in this Agreement and will be
deemed to be a part of this Agreement.
24.8. This Agreement is subject to the fiscal provisions of the Charter of the City of
Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a)
at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year,
or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the
fiscal year and funds for this Agreement are no longer available. This Section 24.8 shall take
precedence in the event of a conflict with any other covenant, term, condition, or provision of this
Agreement.
24.9. The individuals executing this Agreement represent and warrant that they have
the legal capacity and authority to do so on behalf of their respective legal entities.
IN WITNESS WHEREOF, the parties hereto have by their duly authorized
7 Professional Services
Revised 10/18/07
08054
portion of the fiscal year a~d ~fUn:~s for thi~!:/
i~.- ."~:.,..:.
~p~$1~;).i~!~ f!~cal I~rovifions ofth¢ Charter of the City~::’~f.h$# ~crncnt will temdnat¢ without any p~nalty
~:’:~~-~2%ai1"~~,. :~ . ~:~.., not appropriated for tim following fiscal
~:,¢he:~t that funds ar~ oaly appropriated for a
~)~ii~:~re no Ion~er avmlable, This Sec~on 24,8
~{~h :a~i~t~r ¢ovenm, t, t~rm, condition, or provision
~:.. ? .. ’:.?:~..
CITY OI~ PALO AL, TO
Assi~taat City Man~8or
APPROVED AS TO FOtEVJ:
Senior Asst. City Attorney.
APPROVED;
Di~:cctor of Admi ni stra.tive
Services
I!."
EXHIBIT "A"
SCOPE OF SERVICES
The City of Palo Alto’s Community Services Department, Arts and Culture Division, is seeking
the services of an Artist to design, create and deliver a Sculpture to be placed at the site of the
existing fountain on California Avenue, Palo Alto. Artist will be responsible for the design,
including engineered drawings to be approved by CITY, provision of footprint of sculpture at
site, creation of sculpture, storage and safe-keeping of sculpture, delivery and installation of
sculpture at designated site.
SCOPE OF WORK
Artist to develop, and have engineered, drawings of sculpture- at-site including four
benches which will be submitted to
Public Works Department.
City to approve engineered drawings.
Artist to provide the footprint of the sculpture-at-site to Public Works so that Public
Works can prepare the site
to receive the sculpture.
Artist to purchase granite from China and ship to his studio in Oakland, CA.
Artist to create and store sculpture at his studio in Oakland until site is ready to
receive the installation of the sculpture.
Artist to arrange for and contract with transportation vendor for delivery of sculpture
to site.
Artist to arrange for and contract with installer to install sculpture on site.
Artist to supervise the deIivery and installation of the sculpture at site.
EXHIBIT "B"
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the number
of days/weeks specified below. The time to complete each milestone may be increased or
decreased by mutual written agreement of the project managers for CONSULTANT and CITY so
long as all work is completed within the term of the Agreement. CONSULTANT shall provide a
detailed schedule of work consistent with the schedul e below within 2 weeks of receipt of the
notice to proceed.
TENTATIVE TIMELINE:
Completed by:
9.Artist to develop, and have engineered, drawings of Fountain- Late Nov 08
at-site including four benches which will be submitted to
Public Works Department.
10.City to approve engineered drawings.Late Nov 08
11.Artist to provide the footprint of the Fountain-at-site to Late c Nov 08
Public Works so that Public Works can prepare the site
to receive the Fountain.
12.Artist to purchase granite from China and ship to his 180 days*
studio in Oakland, CA.
13.Artist to create and store Fountain at his studio in Oakland 180 days*
until site is ready to receive the installation of the Fountain.
14.Artist to arrange for and contract with transportation vendor tbd
for delivery of Fountain to site.
15.Artist to arrange for and contract with installer to install tbd
Fountain on site.
16.Artist to supervise the delivery and installation of the 240 days**
Fountain at site.
* After receiving first payment
**After receiving first payment. Dates subject to change due to site preparation and coordination
with Public Works.
08115
Professional Services
Revised 10/18/07
EXHIBIT ."C"
COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services performed in
accordance with the terms and conditions of this Agreement, and as set forth in the budget
schedule below.
The compensation to be paid to CONSULTANT under this Agreement for all services
described in Exhibit "A" ("Basic Services") and reimbursable expenses shall not exceed
$190,000.00. CONSULTANT agrees to complete all Basic Services, including reimbursable
expenses, within this amount.
COMPENSATION SCHEDULE
Payment 1 - After City approval of engineered drawings
Paymem 2’ February 2009
$80,0O0.00
$60,000.00
Paymem 3 - February 2010 $50,000.0O
08115
11 Professional Services
Revised 10/18/07
EXFIIBIT D
ACORD.
=ROOUCER
Oliveira & Amnold Insurance
Brokers, Inc. License #0608527
6222 Thornton Ave.
Newark CA 94560
Phone: 510-793-4567 Fax: 510-794-9987
INSURBD
CERTIFICATE OF LIABILITY INSURANCE-oP,DBEASL-I | 05/01/0S
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON TH~ CERTIFICAT~
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES
INSURERS AFFORDING COVERAGE
INSURER A:
INSURER 8:
INSURER C
INSURER O:
IN~URER E:
Bruce Beasley322 Lewis StreetOakland CA 94607 ..........
COVERAGES
~E POLICIES OF INSURANCE LISTED BELOW ~VE ~EN ISSUED ~ ~E INSURED ~MEO ABOVE FUR ~E POLICY PERIOD I~ICATED. NO~/~HST~DING
~Y REOUIREN~N~ TERM OR CO~ITION ~ ~Y CO~CT OR O~ER O~UMENT WI~ R~SPECT TO WHICH ~lS CERTIFI&TE ~Y BE ISSUED OR
~Y PER~IN, ~E INSURANCE ~FUROEO BY ~E POLICIES DESCRIBED HEREIN IS SUBJECT TO ~L ~E ~RMS, ~CLUSIOF~ ~O CONDITIONS ~ S~H
POLICIES. AGGREGATE LIMITS SHOWN MAY ~VE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE I POLICY NUMBER
GENERAL LiABiLITY
X COMMERCIAL GENERAL LIA8 ILITY CP.S0885183
-- --1 CLAIMS MADE [~ OCCUR
GEN’L AGGREGATE LIMIT APPLIES PER:
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AUTOMOBILE LIABILITY
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EACH OCCURRENCE
PREMISES (Ea oecurence)
MED F_Y,P (Any one
PERSONAL & AOV INJURY
GENERAL AGGREGATE
PROOLICTS - COMP/OP AGG
COMBINED SINGLE LIMITlea accidenl)
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BODILY INJURYPe~" accident)
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AUTO ONLY - £A ACCIDENT
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EACH OCCURRENCE
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ANY PROPRI~I’OR/PARTNFWEXECLFW EOFFICERYMEMBER EXCLUDED?
It yes, describe underSPECIAL PROVISIONS below
OTHER
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O’ESCRIPTION OF OPERA~ON~ I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENOORSEMENT I SPECIAL PROVISIONS
Certificate holder ~s n&med additional insured. *I0 da~s notice o~
cancellation for non-payment of premium.
lO’O,O00
5,000
sexcluded
2,000,000
2,000,000
CERTIFICATEHOLDER CANCELLATION
1234567
ACORD 25
City of Palo Alto
Attn: Purchasing
250 Hamilton Avenue
P.O. Box 10250
Palo Alto CA 94303
2001/08)
SHOULD ANY OF THE ABOVE DESCRIBE{3 POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 3 0 DAYS WRITTEN
I’IOTICE TO THE CERTIFICATE HOLDER I’IAM¢0 TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGEHTS OR
REPRESENTATIVES.
~ ~CORD CORPORATION 1988
Attachment B
CITY OF PALO ALTO CONT1L~CT NO. C09128601
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
AARON GARFINKEL LANDSCAPES INC.
FOR PROFESSIONAL SERVICES
CALIFORNIA AVENUE FOUNTAIN REPLACEMENT PROJECT
This AGREEMENT is entered into November 17, 2008, by and between the CITY
OF PALO ALTO, a charter city and a municipal corporation of the State of California ("CITY"), and
AARON GARFINKEL LANDSCAPES INC,, A CALIFORNIA CORPORATION, located at 6429
Cooper Street, Felton, CA 95018 (PH) 831-335-3996 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to replace existing fountain located on California Avenue with a New
Sculpture which includes a water element ("Project") and desires to engage a consultant to assist in
the design and creation of the water element and the installation of the new sculpture ("Services").
B. CONSULTANT has represented that it has the necessary professional expertise,
qualifications, and capability, and all required licenses and!or certifications to provide the Services.
C. CITY in reliance on these representations desires to engage CONSULTANT to provide the
Services as more fully described in Exhibit "A", attached to and made a part of this Agreement.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and
conditions, this Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in
Exhibit "A" in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution
through October 31, 2009, or completion of the services, whichever occurs first, unless terminated
earlier pursuant to Section 19 of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of
Services under this Agreement. CONSULTANT shall complete the Services within the term of this
Agreement and in accordance with the schedule set forth in Exhibit"B", attached to and made a part
of this Agreement. Any Services for which times for performance are not specified in this Agreement
shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner
based upon the circumstances and direction communicated to the CONSULTANT. CITY’s
agreement to extend the term or the schedule for performance shall not preclude recovery of damages
1 Professional Services
Revised i0/18/07
08115
for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services described in Exhibit "A", including both payment
for professional services and reimbursable expenses, shall not exceed Thirty Thousand Five Hundred
Dollars ($30,500.00). In the event Additional Services are authorized, the total compensation for
services and reimbursable expenses shall not exceed Thirty Five Thousand Five Hundred Dollars
($35,500.00). The applicable rates and schedule of payment are set out in Exhibit "C", entitled
"COMPENSATION," which is attached to and made apart of this Agreement.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions of
Exhibit "C". CONSULTANT shall not receive any compensation for Additional Services performed
without the prior written authorization of CITY. Additional Services shall mean any work that is
determined by CITY to be necessary for the proper completion of the Project, but which is not
included within the Scope of Services described in Exhibit "A".
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the services performed and the applicable charges (including an
identification of personnel who performed the services, hours worked, hourly rates, and reimbursable
expenses), based upon the CONSULTANT’ s billing rates (set forth in Exhibit "C"). If applicable, the
invoice shall also describe the percentage of completion of each task. The information in
CONSULTANT’s payment requests shall be subject to verification by CITY. CONSULTANT shall
send all invoices to the City’s project manager at the address specified in Section 13 below. The City
will generally process and pay invoices within thirty (30) days of receipt.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be
performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents
that it possesses the professional and technical personnel necessary to perform the Services required
by this Agreement and that the personnel have sufficient skill and experience to perform the Services
assigned, to them. CONSULTANT represents that it, its employees and subconsultants, if permitted,
have and shall maintain during the term of this Agreement all licenses, permits, qualifications,
insurance and approvals of whatever nature that are legally required to perform the Services.
All of the services to be furnished by CONSULTANT under this agreement shall meet the
professional standard and quality that prevai! among professionals in the same discipline and of
similar knowledge and skill engaged in related work throughout California under the same or similar
circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and
in compliance with all federal, state and local laws, ordinances, regulations, and orders that may
affect in any manner the Project or the performance of the Services or those engaged to perform
Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all
charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, atno cost to CITY, any and
all errors, omissions, or ambiguities in the work product submi~ed to CITY, provided CITY gives
2 Professional Services
Revised 10/18/07
08115
notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design
documents to construct the Project, CONSULTANT shall be obligated to correct any and al! e=ors,
omissions or ambiguities discovered prior to and during the course of construction or’the Project.
This obligation shall survive termination of the Agreement.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works
project, CONSULTANT shall submit estimates of probable construction costs at each phase of
design submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%)
of the CITY’s stated construction budget, CONSULTANT shall make recommendations to the CITY
for aligning the PROJECT design with the budget, incorporate CITY approved recommendations,
and revise the design to meet the Project budget, at no additional cost to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing
the Services under this Agreement CONSULTANT, and any person employed by or contracted with
CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an
independent contractor and not an agent or employee of the CITY.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or
transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations
hereunder without the prior written consent of the city manager. Consent to one assignment will not
be deemed to be consent to any subsequent assignment. Any assignment made without the approval
of the city manager will be void.
SECTION 12. SUBCONTRACTING.
CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement
without the prior written authorization of the city manager or designee.
CONSULTANT shall be responsible for directing the work of any subconsultants and for any
compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning
compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a
subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of
the city manager or his designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Aaron Garfinkel,
President, as the project director to have supervisory responsibility for the performance, progress,
and execution of the Services and as the project coordinator to represent CONSULTANT during the
day-to-day work on the Project. If circumstances cause the substitution of the project director,
project coordinator, or any other key personnel for any reason, the appointment of a substitute project
director and the assignment of any key new or replacement personnel will be subject to the prior
written approval of the CITY’s project manager. CONSULTANT, at CITY’s request, shall promptly
remove personnel who CITY finds do not perform the Services in an acceptable manner, are
uncooperative, or present a threat to the adequate or timely completion of the Project or a threat to
the safety of persons or property.
Professional Services
Revised 10/18/07
08115
The City’s project manager is Linda Craighead, Community Services Department, Arts and Culture
Division, Palo Alto, CA 94303, Telephone: 650-329-2519, The project manager will be
CONSULTANT’s point of contact with respect to performance, progress and execution of the
Services. The CITY may designate an alternate project manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including
without limitation, all writings, drawings, plans, reports, specifications, calculations, documents,
other materials and copyright interests developed under this Agreement shall be and remain the
exclusive property of CITY without restriction or limitation upon their use. CONSULTANT
agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall
be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other
intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if
any, shall make any of such materials available to any individual or organization without the
prior written approval of the City Manager or designee. CONSULTANT makes no
representation of the suitability of the work product for use in or application to circumstances not
contemplated by the scope of work.
SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during
the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records pertaining to
matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such
records for at least three (3) years after the expiration or earliertermination of this Agreement.
SECTION 16. INDEMNITY.
16.1 To the fullest extent permitted by law, CONSULTANT shalI protect,
indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents
(each an "Indemnified Party") from and against any and ail demands, claims, or liability of any
nature, including death or injury to any person, property damage or any other loss, including all costs
and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements
("Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or willfld
misconduct of the CONSULTANT, its officers, employees, agents or contractors under this
Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to
require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active
negligence, sole negligence or willful misconduct of an Indemnified Party.
16.3. The acceptance of CONSULTANT’s services and duties by CITY shall not
operate as a waiver of the right of indemnification. The provisions of this Section 16 shal! survive
the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant,
term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not
be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of
any subsequent breach or violation of the same or of any other term, covenant, condition, provision,
4 Professional Services
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08115
ordinance or law.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full
force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D".
CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an
additional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers
with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to
transact insurance business in the State of California. Any and all contractors of CONSULTANT
retained to perform Services under this Agreement will obtain and maintain, in full force and effect
during the term of this Agreement, identical insurance coverage, naming CITY as an additional
insured under such policies as required above.
18.3.. Certificates evidencing such insurance shall be filed with CITY Concurrently
with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk
Manager and will contain an endorsement stating that the insurance is primary coverage and will not
be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the
Purchasing Manager thirty (30) days’ prior written notice of the cancellation or modification,
CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance
are provided to CITY’s Purchasing Manager during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULTANT’s liability hereunder nor to fulfill the indemnification provisions
of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be
obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as
a result of the services performed under this Agreement, including such damage, injury, or loss
arising aRer the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The city manager may suspend the performance of the Services, inwhole or in
part, or terminate this Agreement, with or without cause, by giving ten (I 0) days prior written notice
thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately
discontinue its performance of the Services.
19.2. CONSULTANT may terminate this Agreement or suspend its performance of
the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a
substantial failure of performance by CITY.
19.3. Upon such suspension or termination, CONSULTANT shall deliver to the
City Manager immediately any and all copies of studies, sketches, drawings, computations, and other
data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to
CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will
5 Professional Services
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08115
become the property of CITY.
19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid
for the Services rendered or materials delivered to CITY in accordance with the scope of services on
or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided,
however, if this Agreement is suspended or terminated on account of a default by CONSULTANT,
CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s
services which are of direct and immediate benefit to CITY as such determination may be made by
the City Manager acting in the reasonable exercise of his/her discretion
19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will
operate as a waiver on the part of CITY of any of its rights under this Agreement.
SECTION 20, NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY:Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting this Agreement, CONSULTANT covenants that it presently has
no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would
conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance of this Agreement,
it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT
certifies that no person who has or will have any financial interest under this Agreement is an officer
or employee of CITY; this provision will be interpreted in accordance with the applicable provisions
of the Palo Alto Municipal Code and the Government Code of the State of California.
21.3. If the Project Manager determines that CONSULTANT is a "Consultant" as
that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT
shall be required and agrees to file the appropriate financial disclosure documents required by the
Palo Alto Municipal Code and the Political Reform Act.
SECTION 22. NONDISCRIMINATION.
2.30.510, CONSULTANT certifies that in
As set forth in Palo Ako Municipal Code section
the performance of this Agreement, k shall not
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08115
discrirninate in the employment of any person because of the race, skin color, gender, age, religion,
disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status,
weight or height of such person. CONSULTANT acknowledges that it has read and understands ~he
provisions of Section 2.30.510 of the Pale Alto Municipal Code relating to Nondiscrimination
Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section
2.30.510 pertaining to nondiscrimination in employment, including completing the form furnished by
CITY and set forth in Exhibit "E."
SECTION 23. MISCELLANEOUS PROVISIONS.
23.1. This Agreement will be governed by the laws of the State of California.
23.2. In the event that an action is brought, the parties agree that trial of such action
will be vested exclusively in the state courts of California in the County of Santa Clara, State of
California.
23.3. The prevailing party in any action brought to enforce the provisions of this
Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that
action. The prevailing party shall be entitled to recover an amount equal to the fair market value of
legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third
parties.
23.4. This document represents the entire and integrated agreement between the
parties and supersedes all prior negotiations, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, which is signed by the parties.
23.5. The covenants, terms, conditions and provisions of this Agreement will apply
to, and will bind, the heirs, successors, executors, administrators, assignees, and consuItants of the
parties.
23.6. If a court of competent jurisdiction finds or rules that any provision of this
Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full force and effect.
23.7. AII exhibits referred to in this Agreement and any addenda, appendices,
attachments, and schedules to this Agreement which, from time to time, may be referred to in any
duly executed amendment hereto are by such reference incorporated in this Agreement and will be
deemed to be a part of this Agreement.
23.8. This Agreement is subject to the fiscal provisions of the Charter of the City of
Pale Alto and the Pale Alto Municipal Code. This Agreement will terminate without any penalty (a)
at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year,
or(b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the
fiscal year and funds for this Agreement are no longer available. This Section 23.8 shall take
precedence in the event of a conflict with any other covenant, term, condition, or provision of this
Agreement.
7 Professional Services
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23.9. The individuals executing this Agreement reFresent and warrant that they have
the legal capacity- and authority to do so on behalf of their respective Iegal entities.
IN WITN~ESS WHEREOF, the parties hereto have by their duly authorized
representatives executed this Agreement on the date first above written.
CITY OF PALO ALTO
City Manager
APPROVED AS TO FORM:
AARONBy: GARFIN~?~ @/ LANDSCAPES, INC.
Title: ~f,~<. ,,
Senior Asst. City Attomey
APPROVED:
Director of Administrative
Services
Attachments:
EXHIBIT "A":
EXHIBIT "B":
EXHIBIT "C":
EXHIBIT "D":
EXHIBIT "E":
SCOPE OF WORK
SCHEDULE OF PERFORMANCE
COMPENSATION
INSURANCE REQUIREMENTS
CERTIFICATION OF NONDISCRIMINATION
08115
8 Professional Services
Revised 10/18/07
EXHIBIT "A"
SCOPE OF SERVICES
I. Background
The City of Palo Alto intends to replace the existing Fountain located on California Avenue with
a New Sculpture which includes a water element. This fountain site is located at the end of So.
California Avenue (near the Caltrain California Avenue station) at the intersection of California
Avenue and Park.
II. Scope of Work
Demolition
Drain, demolish and dispose of current fountain bowl, and the 16-foot circular base around the
existing fountain. This fountain site is located at the end of So, California Avenue (near the
Caltraln California Avenue station) at the intersection of California Avenue and Park. Remove
any structural elements needed for installation of the new fountain.
Permits
Contractor shall obtain all necessary permits from the City of Palo Alto. Information on permits
is available at the Development Center, 285 Hamilton Ave, Palo Alto, (650) 329-2496 or at
http://www.city.palo-alto.ca.us/depts/pln/development_center/default.asp
Traffic Control & Cleanin~
Contractor is responsible for any needed traffic control and for cleaning the site daily.
Design, Excavate and Install
Contractor shall design, engineer and install a new footing (at least 18-inches deep) for the pool
to support the weight and dimensions of the granite sculpture (sculpture is 12-feet tall, 6-feet
wide and 6-feet deep and approximately 12,000 lbs (photo attached). Calculations shall be
verified and stamped by a Civil Engineer licensed to practice in the State of California.
Dig for the new pool fountain which varies in diameter from 9-feet to 11-feet (smaller than
existing pool).
Contractor shall excavate, reinforce, pave/line, waterproof and finish the pool.
Contractor shall install new or shall utilize existing plumbing (3" SCH 80 PVC pipe) if in
suitable condition, and electrical support components needed to operate the sculpture fountain.
This includes any new pipe, valves, equipment controls, timers, electrical panels, conductors and
conduit.
Contractor shall size and install new or rebuilt pump, using existing motor, and any related
equipment needed to move the water through the fountain.
Contractor shall install granite sculpture (which will be delivered to the site by the Artist) into
pool and set and install outer circle of stones circling pool. Stones will be provided and delivered
to the site by the Artist and vary in shape and height.
Concrete
Contractor shall repair the area around the perimeter of the fountain site, created by the smaller
footprint of the new fountain and pool, to its original condition.
At all locations where new concrete will be installed to abut existing concrete, the existing
concrete shall be saw-cut to conform to the line of abutment. Such cutting shall be done in a
manner that spa!ling and cracking of the existing concrete which isto remain in place is avoided.
Any concrete shall have strength as specified by the artist’s engineer or by the City of Palo Alto
Standard Specifications and shall match surrounding area as much as possible. The Contractor
sha!l provide and pay for testing to verify the concrete strength. All damaged concrete which is
to remain in place shall be replaced at the Contractor’s expense. The saw-cut shall be to the full
depth of the existing concrete.
Disposa!
Abandoned utilities or equipment shall be removed and the area repaired unless otherwise
directed by the City.
All removed equipment, unless otherwise stated, will become the property of the Contractor.
Disposal of all concrete, materials and equipment shall be at the Contractor’s expense.
Notes:
* Artist will be available to provide installation direction.
10 Professional Services
Revised 10/18/07
08115
EXHIBIT "B"
SCHEDULE OF P~ER_FORMA_~CE
CONSULTANT shatl perform the Services detailed in the Phase Descriptions below.
CONSULTANT will work in conjunction with Artist and City Project Manager to define
timeframes for start and completion of each phase described below.
Phase 1 - Design pool with footing to be verified & stampedby a civil engineer licensed to
practice in the State of California.
Obtain all necessary permits from the City of Palo Alto.
Phase 2 -Install temporary fencing to enclose entire work area.
Drain, demolish and dispose of the current fountain and :16’ circular pool.
Phase 3 - Install new pool with footing to support :12,000 pound sculpture; utilize existing 3"
sch 80 PVC pipe. Depth of pool to be approximately 18" and have a diameter that varies from 9’
to Ii’.
Phase 4 - Replace timer and rewire new timer and pump in vault; rebuild existing pump; utilize
existing 5 HP Marathon motor. C}ean and inspect vau~t.
Phase 5 -instatl and plumb sculpture (to be provided by the City of Palo Alto) to create desired
water effect,
Phase 6 - Install new concrete around the perimeter of tile pool site created by the smaller
footprint of the pool.
Phase 7 - Remove and replace existing sidewalk concrete in pool area.
08115
11 Professional Services
Revised 10/18/07
08ll5
EXHIBIT "C"
COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services performed in
accordance with the terms and conditions of this Agreement, and as set forth in the budget
schedule below.
The compensation to be paid to CONSULTANT under this Agreement for all services
described in Exhibit "A" ("Basic Services") and reimbursable expenses shall not exceed
$30,500.00. CONSULTANT agrees to complete all Basic Services, including reimbursable
expenses, within this amount.
In the event CITY authorizes any Additional Services, the maximum compensation shall not
exceed $35,500.00. Any work performed or expenses incurred for which payment would
result in a total exceeding the maximum amount of compensation set forth herein shall be at
no cost to the CITY.
CONSULTANT shall perform the tasks and categories of work as outlined and budgeted
below, The CITY’s Project Manager may approve in writing the transfer of budget amounts
between any of the tasks or categories listed below provided the total compensation for Basic
Services, including reimbursable expenses, does not exceed $30,500.00 and the total
compensation for Additional Services does not exceed $5,000.00.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Phase 1
(Engineering, Design, Permits)
$3,800.00
Phase 2
(Demolition, Excavation, Disposal)
$3,900.00
Phase 3
(Underground work, re-piping, wiring,
pool installation)
$5,20O.O0
Phase 4
(Timer, Pump and Vault wiring)
$2,200.00
Phase 5
(Installation of Sculpture)
$4,400.00
Phase 6
(Concrete work around Sculpture)
$1,200.00
Phase 7
(Additional concrete, replacing sidewalk)
3.2
$9,800.00
Professional Services
Revised 10/18/07
Total All Phases:$30,500.00
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advanced, written authorization
from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a
detailed written proposal including a description of the scope of services, schedule, level of
effort, and CONSULTANT’s proposed maximum compensation, including reimbursable
expense. The additional services scope, schedule and maximum compensation shall be
negotiated and agreed to in writing by the CITY’ s Project Manager and CONSULTANT prior
to commencement of the services.. Payment for additional services is subject to all
requirements and restrictions in this Agreement, and shall not exceed $5,000.00.
08115
13 Professional Services
Revised 10/18/07
EXHIBIT D
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF
THE CONTRACT OBTAIN AND MAINTAIN INSURANCEIN ]’PIE AMOUNTS FOR THE COVERAGE SPECIFIED
BELOW, AFFORDED BY COMPANIES WiTH A 8HST’S K~Y RAT;NG OF A-:VII, OR HIGHER, LICENSED OR
AUTHORIZHD TO TRANSACT IHSURANC]E BUS~N~SS INTH~ STAT~ OF CALIFORNIA.
AWARD iS CONTINGENT ON COMPLIANCE WITH CI"P{’8 IHSURAHCZ R~=QUIREMENT$, AS SPeCiFIED,
BILLOW:
REQUIRED ~(PE OF COVERAGE REQUIREMENT
YES wORKER’S COM’PENSATION STA’[:UTOlS,’~ .......
YES AUTOMOBILE LIABILITY STATUTORY
BODILY INJURY
YES
YES
IV,
COMPREI’IENSIVE GENERAL
LIABILITY, INCLUDING PERSONAL
INJURY, BROAD FORM PROPERTY
DAMAGE BLANKET CONTRACTUAL,
AND FIRE LEGAL LIABILITY
COMPREHENSIVE AUTOMOBILE
LIABILITY, INCLUDING, OWNED.
HIRED, NON-OWNED
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
...PERFOR.MANC.E
PROPERTY DAMAGE
BODILY INJURY & PROPERTY, DAMAGE
COMBINED,
BODILY INJURY
EACH PERSON
EACH OCCURRENCE
PROPERTY DAMAGE
BODILYINJURY AND PROPERTY
DAMAGE, COMBINED ...........
,AqL DAMAGES ...........
MINIMUM LIMITS
EACH
,, OCCURRENCE AGGREGATE
$1,000,000 $1,0Q0,000
$’1,000,000 ¯$1,000,000
$1,000,000 $1,000,000
$1,000.000 $i,000,000
$1,000,000 $1,0e0.000
$1.000,000 $1,000,000
$1,000,000 $1,000,000
$1,000,000 $1,000,000
81,0.co,coo
YES THE CiTY OF PALO ALTO I,~i TO BE NA~,qED AS AN ADDITIONAL iNSURED: PROPOSER, AT ITS SOLE COST AND EXPENSE,
SHALL OBTAIN AND MAINTAIN, IN FLILL FORCE AND EFFECT THROUGHOUT TNE ENTIRE TERM OF ANY RESUL’]’ANT
AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY PROPOSER AND rrs
SUBCONSULTANS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY
AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSURE8 CITY, ITS COUNCIL iVlEI~IBERS, OFFICERS; AGENTS,
AND ENiPLOYEES,
INSURANCE COVERAGE MUST INCLUDE:
Do A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CI’P( OF CHANGE IN
COVERAGE OR OF COVERAGE CANCELLATION: AND
A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY -SEE SECTION TBD.SAMPLE
AGREEMENT FOR SERVICES.
SUBMIT CERTIF!CATE(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE, OR COMPLETE THIS
SECTION AND IV THROUGH V, BELOW.
A.NAME AND ADDRESS OF COMPANY AFFORDING COVERAGE (NOT AGENT OR BROKER):
B.NAME, ADDRESS, AND PHONE NUM£ER OF YOUR INSURANCE AGENTtBROKER:
C.POLICY NUMBER(S):
DEDUCTIBLE AMOUNT(S) (DEDUCTIBLE AMOUNTS IN EXCESS OF $5.000 REQUIRE CITY’S
PRIOR APPROVAL):
VI.
VII.
VIII.
AWARD IS CONTINGENT ON COMPLIANCE WITH CI’PPS INSURANCE REQUIREMENTS. AND
PROPOSER’S SUBMITI’AL OF CERTIFICATES OF INSUP.~ANCE EVIDENCING COMPLIANCE WITH THE
REQUIREMENTS SPECIFIED HEREIN.
ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL
INSURES"
D.PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED.
INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR
CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE
ADDITIONAL INSURES.
Eo CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSURES UNDER
THE POLICY SHALL NOT, FOR THAT REASON ALONE, F.XTINGUISH ANY RIGHTS OF THE
INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE
INSURED& SHALL NOT INCREASETHE TOTAL LIABILITY OF THE COMPANY UNDER THIS
POLICY.
NOTICE OF CANCELLATION
IF THE POLICY IS CANCELED BEFORE ITS B(P!RATION DATE FOR ANY RF~.SON
OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL
PROVIDE Cl’rY AT LEAS’r A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE
EFFECTIVE DATE OF CANCELLATION,
IF ’I’H[~’~ POLICY tS CANCELED BEFORE ITS EXPIRATION IS’ATE FOR THE NON-
PAYMENT OF PREIvIIUM, THE ISSUING COMPANY SHALL PROVIDE cl’rY AT LEAS’r A
TEN (10) DAY WRITTEN NOTICE BEFORE TNE EFFECTIVE DATE OF CANCELLATION.
PROPOSER CERTIFIES THAT PROPOSER’S INSURANCE COVERAGE MEETS THE ABOVE
REQUIREMENTS:
THE IHFOR,~IATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW.S]GHATURE(S)
?,iIUST 8E SAME SIGNATURe(S)AS APPEAR(S) ON SECTION !1,ATTACHMENTA,PROPOSSR’S
d~~’~.~~,;-’,"~.~,,.Firm:,’" ~,,, -,...~.,.-~./-= P,~4 ..,-, .
Signature:/.""/~
Name:~,.[2¢,12.q L’.~’:{< I .....}
(Print o¢ [}~e name)
Signaiure:
(Print or type name.)
SHALL BE MA,’LED TO:
CONTRACT
CITY OF: PALO ALTO
P.O. BOX 102,50
PALO ALTO, CA 94303.
42
:i
Company:
AM Be~ Rating:
General Agency:
Retail Broker:
Retail Broker Phone:
Retail Broker Fax:
Insured Name:
Application #:
Type of Coverage:
Policy Effective Date:
Policy Expiratioo Date:
Policy N.mbev:
Limits of Liahility:
~LND CONFIRMATION LETTER
03/17/2008
Assurance Company of America
A XV
Arrowhead General Insurance Agency, Inc,
2365 North,~ide Drive
Suite #450
San Diego, CA 92108
Landscape Contractors Ins Svcs,
1835 N. Fine Avenue
Fresno, CA 93727
(559)650-3555
(559)650-3558
Aaron Garfinkel Landscapes
6429 Cooper Street
Felton, CA 95018
2361869
Workers’ Compensation
03/07/2008 :at 12:00 AM
03/07/2009 at 12:0 l AM
WC43(i 8498500
Workers’s Compensation - Statutory Limits
Employer’s Liability - Bodily rnjury by Accident S l,O00,O00 Each Accident
Bodily Injury by Disease S 1,000,000 Policy Limit
Bodily hjury by Disease S 1,000,000 Each Employee
Coverage State:CA
*This Bind Confirmation letter is subject to the ternas, conditions, and limitations of the policy as stipulated by Arrowhead General Insurance
Agency. Inc., on behalf of the Assurance Company of America. Coverage may be cancelled by the Insured by written notice to the Company
clearly stating when cancellation is to be effective. This Bind Confirmation Letter is effective for 60 days and may be cancelled ~)y the
Comlmny or iis appointed agents by written notice to the fnsured in accordance to the policy conditions, rides :rod rmes in ,,so by the (.’ompany.
AUt[lori~-c~l R~prcscnta~.ive
ARROWHEAD GENERAL INSURANCE AGENCY, INC.
2365 NORTHSIDE DRIVE #450 "SAN DIEGO, CA 92108 " PHONE (866) 401-2111 "FAX {866) 650-2747
WVC, N,ARROWHEADGRP.COM" CA LICENSE #0036865
CONOtTIONS
This Company binds the kind(s) cf insurance stipulated on the reverse side, The Insurance is subject to the
terms, conditions and limitations of [he policy(ies) in current use by the Company.
This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company
stating when cancellation will be effective. This binder may be cancelled by the Company by notice to the
Insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this
binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the
Rules and Rates in use by the Company.
Applicable in California
When this form is used to provide insurance in the amount of one million dollars ($1,000,000) or more, the title
of the form is changed from "Insurance Binder" to "Cover Note",
Applicable in Colorado
With respect to binders issued to renters of residential premises, home owners, condo unit owners and mobile home
owners, the insurer has thirty (30) business days, commencing from the effective date of coverage, to evaluate the
issuance of the insurance policy.
Applicable in Delaware
The mortgagee or Obligee of any mortgage or other instrument given for the purpose of creating a lien on real
property shall accept as evidence of insurance a written binder issued by an authorized insurer or its agent if
the binder includes or is accompanied by: the name and address of the borrower; the name and address of the
lender as toss payee;-a description of the insured real property; a provision that the binder may not be canceled
within the term of the binder unless the lender and the insured borrower receive written notice of the cancel-
lation at least ten (10) days prior to tile cancellation; except in the case of a renewal of a policy subsequent to
tt)e closing of the loan, a paid receipt of the full amour~t of the applicable premium, and the amount of
insurance coverage,
Chapter 21 Title 25 Paragraph 2119
Applicable in Florida
Except for Auto Insurance coverage, no notice of cancellation or nonrenewal of a binder is required unless the
duration of the binder exceeds 60 days. For auto insurance, the insurer must give 5 days prior notice, unless
lhe binder is replaced by a policy or another binder in the same company.
Applicable in Nevada
Any person who refuses to accept a binder which provides coverage of less than $1,000,000o00 when proof is
required: (A) Shall be fined not more than $500.00, and (B) is liable to the party presenting the binder as proof
of insurance for actual damages sustained therefrom.
ACORD 75 (2004109)
Coverage List
a!ov/~.v,.e~ to 0~/06/2!30c)
Location #!" 7105A McAdams Lane, Feltoi:, CA 95018
PROPERTY COVERAGE
Location #i Building #1
No Coverage
GENERAL LIABILITY LIMtTS DEDUCTIBLE
General Aggregate Limit
Products-Completed Oper. Agg.
Personal & Advertising Injury
Each Occunence Limit
Damage to Rented Premises
Medical Payments (any One person)
$2,000,000
$2,000,000
$1,000,000
$1,000,000
$ 100,000
$ 5,000
$500 PD Per Occurrence
(each occurrence)
Loe #Premimn Basis Uassification Exposure
1 Based on Cost Subcontractors $10,000 (AudRable Exl~osure)
1 Based on Payroll Landscape Installation $38,500 (Auditable Exposure)
(Primaw ClassilicatiordClass Code Includes Owner@ $22,500 Minimum Payroll)
Includes:
Exclusions:
Coverage for explosion, collapse and underground hazards, and Pesticlde/Herbicide
application coverage and Subsidence.
Known, Continuous or Progressive Injury or Damage Exclusion, Limited Exclusion -
Landscape Contractor-Professional Liability, Organic Pathogen, Mold or Fungus Exclusion,
Employment-Related Practices Exclusion, Total Pollution Exclusion with a Hostile Fire
NOTICE - IF YOU FDkVE MULTI~PLE GL CLASS CODES:
In order for your payroll to be split between multiple class codes, segregated payroll records must be maintained. If
segregated records aren’t available at audit, the payroll will go in the highest class of your operations.
NOTICE -- PLEA~;E READ INSURANCE I~.;~2,QUtR],2MENTS ON CONTRAC’I’S C~I~EFULL’k_’:
Non-Contributory wording carmot be provided on additional insured endorsements under the policy with Everest
National Insm’ance Company. Please be sure to review all insurance requirements of all contracts prior to signing them.
If you would like approval on any of the insurance requirements, please forward a copy of the contract for review prior
to signing it.
NOTICE - IF YOU ARE IIWv’OLVED IN OCI:P / W1L4P UPS:
Everest National Insurance Company is now able to issue General Liability Additional Insured endorsements for project
related, off-site operations for Owner Controlled Insurance Programs (OCISPAVrap Ups). There is a charge for this
endorsement. Waiver of Subrogation endorsements are not available on OClSPAVrap Ups under the General Liability nor
is Primary mad Excess Wording available as the project is excluded by the Blanket OCI:P Exclusion Endorsement on the
policy.
NOTICE - IF YOU USE SUBCONTRACTORS:
’As a condition of lhe premium charged on your general liability policy, you need to request a Certificate ot" Insurance
naming you as an additional insured from every subcontractor that you engage. The policy with Everest National
Insurance Company contains a charge for insured subcontractors. If a subcontractor isn’t insured ancb’or proof
insur,’mce is not on file at final audit, there will be an additional charge. "[’he cost of hiring an uninsured subcontractor
will be picked up as payroll under the appropriate class for the work performed and charged on your policy. The rate for
this may be higlaer than your landscape rate.
Date Prepared: <<MemoDate,
LC.IS CA License #0755906
CONTRACTOR’S EQUIPMENT LIMIT
(Actual Cash Value)
Scheduled Limit:No Coverage
DEDUCTIBLE
Miscellaneous Tools & Equip:
($1,000 Max per single item)
Rented/Leased Equipment
Installation Floater
EDP (Computers)
$ 5,000 $500
$10,000
No Coverage
No Coverage
$500
(Limit shown above, if any, supersedes/replaces the limit shown on the Property Extension Endorsement)
AUTOMOBILE COVERAGE No Coverage
PACNL~GE TERRORISM (excluding auto)Included
Everest National Insur.-mce Company, AM Best Rated A+ XV (Superior).
**This is a brief Summary of the Proposed Coverages. Please review the poBcy ~or actual
coverages, conditions, exclusions, liufitations and deductibles.**
Date Prepared: (~MemoDate~
LCIS CA License #0755906
Coverage List
03/06/200g to 0310612009
Location #1: 7!05A McAdams Lane, Felton, CA 95018
PROPERTY COVERAGE No Covel~age
Location #1 Building #1
GENERAL LIABILITY LIMtTS DEDUCTIBLE
General Aggregate Limit
Products-Completed Oper. Agg.
Personal & Advertising Injury
Each Occurrence Limit
Damage to Related Premises
Medical Payments (any one person)
$2,000,000
$2,000,000
$1,000,000
$1,000,000
$ 100,000
$ 5,000
$500 PD Per Occun’ence
(each occm’rence)
Loc #Premimn Basis Classification Exposure
1 Based on Cost Subcontractors $10,000 (Auditable Exposure)
1 B,~sed on Payroll Landscape Installation $38,500 (AudRable Exposure)
(Primary Classification/Class Code Includes Owner @ $22,500 Mhfimum Payroll)
Includes:
Exclusfions:
Coverage for explosion, collapse and underground hazards, and Pesticide/Herbicide
application coverage and Subsidence.
ICnown, Continuous or Progres,qive Injucy or Damage Exclusion, Limited Exclusion -
Landscape Contractor-Professional Liability, Organic Pathogen, Mold or Fungus Exclusion,
Employment-Related Practices Exclusion, Total Pollution Exclusion with a Hostile Fire
NOTICE - IF YOU I-IAVE MULT!PLE GL CLASS CODES:
In order for your pa3a’oll to be split between multiple class codes, segregated pwroll records must be maintained, ff
segregated records aren’t available at audit, the payroll will go in the highest class of your operations.
NOTICE -- P.LEASE READ INSUIL&NCE FIEQU-IJREMENTS ON CONTIRACT~ CAI~,Eli’ULL~:
Non-Contributory wording cannot be provided on additional insured endorsements under the policy with Everest
National Insurance Company. Please be sure to review all insurance requirements of all contracts prior tO signing them.
If you would like approval on any of the insurance requirements, please forward a copy of the contract for review prior
to signing it.
NOTICE - IF YOU ARE INVOLVED IN OCIP / WlL42 UPS:
Everest National Insurance Company is now able to issue General Liability Additional Insured endorsements for project
related, off-site operations for Owner Controlled Insurance Programs (OCIPAVrap Ups). There is a charge for this
endorsement. Waiver of Subrogation endorsements are not available on OCIPAVrap Ups under the General Liability nor
is Primary and Excess Wording available as the project is excluded by the Blanket OCIP Exclusion Endorsement on the
policy.
NOTICE - IF YOU USE SUBCONTRACTOT¢,S:
As a condition of the premium charged on your general liability policy, you need to request a Certificate of Insurance
naming you as an additional insured from every subcontractor that you engage. The policy with Everest National
Insurance Company contains a charge for insured subcontractors. If a subcontractor isn’t insured andlor proof of
insurance is not on file at final audit, there will be an additional charge. The cost of hiring an uninsured subcontractor
will be picked up as payroll under the appropriate class for the work performed and charged on your policy The rate for
this may be higher than your landscape rate.
Date Prepared: dvlemoDate~,
LCIS CA License #07559(16
MID- CENTURY INSURANCE COMPA,.~F/, LOS ANGELES, CALIFORNIA
A STOCM INSURi~NC~. CO~PA~Y, H~R~.!~7 CALLED THE COM~NY
the ~ezsew:d oFlhr, each time ~,e Coznp~my offers to ~enew by sen~ng a b~ ~br d~e zeq~fi,:ed ~cncw~d prcmiuzn, ~qd d~e hlsured pays sid
~re,fium ha ~dvm~ce of d~e respective renew~ da~e. ~e Poficz is issued ha refim~ce t,~on ~e s~arements M d,e Declarations.
6429 COOPER ST ffFE~IV[~A~:06-25-~008
FELTON CA 95018-9409 ~X~]~0~8~]~:12"25-2008
£X~}~0~£12:01 A.M. Standard Time
PRE~TIC NO GC61894
ISSUf IG OFFICE:A~ENr: D. Michael BurnsP..O, BOX 1900
PLEASANTON, CA 94566 AGEN[N0: 96 86 328 AG~;PNONE: (831) 335-3485
I)~SCI~IPTiON OF Vi~HICLE
PU 3/4 T F250 4WD/SUPE~ "IFTNX21F9XEE83517 0 0
PREMIUM BY (OVERAOE
[ 316.701 70.201 0.00l 27.401"
ENDORStMEHTS- EHDORSE~ENTS ARE PART OF THE POLICY AND AMEND THE POLICY.
55.10I 149.20 ]5.’50
H3.157 ~’-2
E0022
258531
HILT1
EDIIIOfl NUA~BEN ,.t
3.ST
ii0~
ADDING P~OPERTY DAMAG~ ~0 UM CVG
MONTHLY PAYMEN~ AQREEMENT
CALIFORNYA NOTXCE OF INFORMATION PRA~PIO~S
SAFETY GLASS DEDUCTIBLE BUYBACK -COVERAGE F
PASSIVE RESTRNT
ANTILOCK BRAKES
MULTIPLE CAR
GOOD DELVER
L]I~JHOLI)£R O~ OTHt?R
Previous B’ah~nce
624.10 Premium
15.9 0 Fees
1)ay,|netlts or Credits ,
PREblATIC Total
ANY "IOIAL" 9ALAHCE OR CREDIT
OF $0.00 OR LESS WILL
BE APPLIED (0 YOUR HEXT BILLING.
BALAN(~ES OVER $ 0 . 00
ARE DUE UPO~I RECEIPT.
56-$44D iHEDIIION 11,06 96 18464-08-98 (Cond~umd on Next Page)
Au~orize~ Represe
07 -01-2008 f.S44UI 11
EXHIBIT E
As suppliers of goods or sepzices to the Ci’b~/of Pa)o Alto, the firm and indMduats list.ed
below certify that they do not discriminate in employment of any person because of
race, skin color, gender, age, religion, disability, national origin, ancestnj’, sexual
orientation, housing status, marital status, familial status, weight or height of such
person; that they are in compliance with all Federal, State and local directives and
executive o~’ders regarding nondiscrimination in employment.
4. If Proposer is IN.D~V.IDUAL, sign here:
Date:
Proposer’s Signature
Proposer’s typed name and title
o If Proposer is PARTNERSHIP er JOINT VENTURE, at least (2) Partners or
each of the Joint Venturers shall sign he~e:
Partnership or Joint Venture Name (type or print)
Date:
Member of the Partnership or Joint Venture signature
Date:
Member of the Partnership or Joint Venture signature
If Proposer is a CORPORATION, the duly authorized officer(s) shall sign as
follows:
The undersigned certify that they are respectively:
Title Title
Of the corporation named below; that they are designated to sign the Proposal Cost
Form by resolution (attach a certified copy, with corporate seal, if applicable,
notarized as to its authenticib] or Secretary’s certificata of authorization) for and on
behalf of the below named CORPORATION, and that they are authorized to execute
same for and on behalf of said CORPORATION.
Corporation Name (type or print)
Title:
By:.
Tit~e:
Attachment C
Summary_ of Bid Process
Bid Name/Number: California Avenue Fountain Replacement Project
RFP# 128601
Proposed Length of Project: 120 days
Number of Bids Mailed to Contractors: 4
Number of Bids Mailed to Builder’s Exchanges: 0
Total Days to Respond to Bid: 23
Pre-Bid Meeting? Yes, non-mandatory
Number of Company Attendees at Pre-Bid Meeting: 2 (Aaron Garfinkel Landscapes, Inc.
and Aquatic Environments, Inc.)
Number of Bids Received: 2
Bid Price Range: (including all alternates) Low bid $20,700 to a high of $89,500.
Attachment D
CALIFORNIA AVENUE FOUNTAIN
INSPECTION REPORT BY PWD WQCP MAINTENANCE.
Inspection conducted on Friday, August 29, 2009
Pump/Motor
¯4" supply and discharge butterfly valves are hard to operate.
¯Electrical wires inside box are exposed to water and are in bad shape.
~ Electrical outlet inside box needs to be replaced.
¯Drain valve is corroded and needs to be replaced.
¯Water hoges are tripping hazard.
~Water pump has small leaks (probably from shaft seal).
Water is dripping inside of cabinet.
Fountain
Base of fountain has a large crack at its base. Cannot repair or Save.
Bowl of fountain has been chipped and braced--and is leaning. Not sure if it can be
saved.
Bolts are corroded.
#id=5&num=3 Page 1 of 1
Attachment E
http ://www.quickcrete.com/gallery_fountains.html 9/29/2008
APROX WT 6186 LBS (BOWL)
(O T ~4ER TO OFFLOAD IF OVER 8000 Lb~.)
*MANUFACTURING TOLERANCE +1/4".(CUSTO~ER~OOFFL~)A~-~’~O--~)""
* PRODUCT: FOUNTAIN (Q-3F!
*QUANTITY:
*CONCRETE COLOR:
*CONCRETE TEXTURE:Authorized Signature Date
*SEALER: STANDARD GLOSS SEALER ,By signing above or stamping thls dra~ing "approved" or
no exception token" ~uthofizotion is given to Ouick Crete*STD. COLOR & TEXTURE OPTIONS to produce this drawing os shown within o 1/4" tolerance,
114 1/2"
SEE PG.
SEE PG.
ELEVATION VIEW
~O._UICK CRETE P~.CONSTRUCTION PLANmE:Q-3FPRODUCTS CORP.’-.~ ~P~.~o~~v~. ~0~uc~FOUNTAIN -~P.O. Box ~9 £.~.NORCO, CA 92860
r~~
SHEEr
Aulhorized Signafure Dale
~ signing above or stomping this drawing "approved" orno excepUon taken" authorization is gk’en to Quick Crete
to produce this drawing as shown within o I/4" tolerance.
CUSTOMER TO -~
WATER PROOF ARROUND -__I/2"DIA. x 7 1/2%.
(3) 3/4"DIA.
ELECTROPLATED COIL
INSERTS (CX-2)
FOR ANCHORING
I"DIA. x 8"DEEP
GROUT
BY OTHERS
__3/4"DIA. x 21"L.
HOT DIPPED COIL ROD
3"DIA. x 21"DEEP
GROUT
BY OTHERS
FOOTING
BY OTHERS
ELEVATION VIEW
Bruce Beasley 322 Lewis Street, Oakland, CA 94607-1236 510-836-1414 Fax 5!0-763-4431
BORN May 20, 1939; Los Angeles, California
EDUCATION Dartmouth College, Hanover, New Hampshire, 1957-59
University of California, Berkeley, California, B.A. 1962
MUSEUM COLLECTIONS
Attachment G
Museum of Modern Art, New York
Solomon R. Guggenheim Museum, New York
Musee d’Art Moderne, Pro’is, France
National Museum of American Art, Washington, D.C.
Stadtische Kunsthalle Mannheim, Mannheim, Germany
Museum of Modern Art, San Francisco, California
Fine Arts Museums, San Francisco, California
Los Angeles County Art Museum, Los Angeles
Santa Barbara Museum of Art, Santa Barbara, California
The Oakland Museum, Oakland, California
San Jose Museum of Art, San Jose, California
Stanford University Museum of Art, Stanford, California
She!don Memorial Art Gallery, University of Nebraska, Lincoln, Nebraska
Hood Museum of Art, Dartmouth College, Hanover, New Hampshire
University of Kansas, Spencer Museum of Art, Lawrence, Kansas
Franklin D. Murphy Sculpture Garden, University of California at Los Angeles
The Crocker Art Museum, Sacramento, California
Seattle Art Museum, Seattle, Washington
Wichita Art Museum, Wichita, Kansas
Fresno Art Museum, Fresno, California
Laguna Art Museum, Laguna Beach, California
Norton Museum of Art, West Palm Beach, Florida
Xantus Janos Museum, Gyor, Hungary
Utah State University, Nora Eccles Harrison Museum of Art, Logan, Utah
Grounds for Sculpture, Hamilton, New Jersey
Orange County Museum of Art, Newport Beach, California
Islamic Museum, Cairo, Egypt
de Saisset Museum, Santa Clara, California
SOLO EXHIBITIONS
2008 Shanghai Sculpture Space, Shanghai, China
2007 Sarofim School of Fine Arts, Southwestern University, Georgetown, Texas
2005 Bruce Beasley, A 45-year Retrospective, Oakland Museum of California
2004 Atrium Gallery, St. Louis, Missouri
2002 Solomon/Dubnick Gallery, Sacramento, California
2001 Gail Severn Gallery, Ketchum, Idaho
Silicon Valley Art Museum, Belmont, California
2000 Mathematical Sciences Research Institute, Berkeley, California
1999 Kouros Gallery, New York
1998 Gwenda Jay Gallery, Chicago, Illinois
Hooks-Epstein Gallery, Houston, Texas
1997 Purdue University, West Lafayette, Indiana
Solomon/Dubnick Gallery, Sacramento, California
Atrium Gallery, St. Louis, Missouri
1996City Center, Dortmund, Germany
Scheffel Gallery, Bad Homberg, Germany
SOLO EXHIBITIONS continued
Bruce Beasley
1995
1994
1993
1992
1991
1990
1981
1973
1972
1971
1966
1965
1964
1963
1961
Yorkshire Sculpture Park, England
Galerie Marie-Louise Wirth, Zurich, Switzerland
Mannheim City Hall, Mannheim, Germany
Atrium Gallery, St. Louis, Missouri
Hooks-Epstein Gallery, Houston, Texas
Stadtische Kunsthalle Marmheim, Mannheim, Germany
Harcourts Modern and Contemporary Art, San Francisco
Rudolfinum Museum, Prague, Czech Republic
Scheffel Gallery, Bad Homberg, Germany
Shidoni Gallery, Santa Fe, New Mexico
Utermann Gallery, Dortmund, Germany
Hooks-Epstein Gallery, Houston, Texas
~’~l ,.. Oakland Museum
Fresno Art Museum
California State University, Turlock, California
John Natsoulas Gallery, Davis, California
Jaffe Baker Gallery, Boca Raton, Florida
California Polytechnic State University, San Luis Obispo, California
Sonoma State University, Rohnert Park, California
Southern Oregon State University, Ashland, Oregon
Pepperdine University Art Gallery, Malibu, California
Loma Linda University Art Gallery, Riverside, California
Hooks-Epstein Gallery, Houston, Texas
Fuller-Goldeen Gallery, San Francisco
San Diego Museum of Art, San Diego, California
Santa Barbara Museum of Art, Santa Barbara, California
M.H. deYoung Memorial Museum, San Francisco
Andre Ermmerich Gallery, New York
David Stuart Gallery, Los Angeles
Hansen Gallery, San Francisco
Kornblee Gallery, New York
Everett Ellin Gallery, Los Angeles
Richmond Art Center, Richmond, California
SELECTED GROUP EXHIBITIONS
2008 Eye on the Sixties: Vision, Body, and Soul: Selections from the Collection of Harry IV.
and Mary Margaret Anderson. de Saisset Museum, Santa Clara, California
2006 Recent Permanent Collection Acquisitions, de Saisset Museum, Santa Clara, California
Fusion of Art and Technology, California State University, Fresno, California
Art and Landscape at Buckeye, Buckeye Nursery, Petaluma, California
2005 Vernissage, Sculpturesite Gallery, San Francisco, CA
2004 The Blair Collection, Galerie Dionisi, West Hollywood, California
2003 Sterling Stuff, Sigurjon Olafsson Museum, Reykjavik, Iceland; traveled to
Royal Academy of Arts, London, United Kingdom
The 8~ Intl. Shoebox Sculpture Exhibition; University of Hawaii Art Gallery,
Traveling Internationally 2003-2005
International Rapid Prototyping Sculpture Exhibition, Sarofim School of Fine Arts,
Southwestern University, Georgetown, Texas
8~ Annual Sculpture Show, The Art & Cultural Center, Fallbrook, CA
5~ Anniversary Show, The Art Foundry Gallery, Sacramento, CA
2002 Second Saturday Reception, Solomon Dubnick Gallery, Sacramento, CA
2001 Works from the International Sculpture Center Board, Grounds for Sculpture,
Hamilton, New Jersey
Tenth Anniversary Celebration, Solomon Dubnick Gallery, Sacramento, CA
First International Sculpture Meeting, Isla Mujeres, Mexico
SELECTED GROUP EXHIBITIONS continued
Bruce Beasley
2000 Celebrating Modern Art/The Anderson Collection, Museum of Modern Art,
San Francisco
Opening Show, Gail Severn Gallery, Ketchum, Idaho
Spatial Expressions, Hooks-Epstein Galleries, Houston, Texas
San Francisco International Art Expos#ion, San Francisco
Autour du Cubisme, Galerie Michel Cachoux, Paris, France
i999 7th International Cairo Biennale, Cairo, Egypt
Blickachsen 2, Bad Homburg, Germany
Pier Walk ’99, Navy Pier, Chicago
Opening Show, Imago Galleries, Palm Desert, California
Group Show, A~ Foundry Gallery, Sacramento, California
Form and Function, Atrium Gallery, St. Louis, Missouri
Art at the Summer Solstice, Ruth Bancroft Garden, Walnut Creek, California
1998 Darmstadt Sculpture Biennale, Darmstadt, Germany
20/20, The 20th Anniversary Exhibition, Sonoma State University, Rhonert Park, CA
Pier Walk ’98, Navy Pier, Chicago
Group Show, !. Wolk Gallery, St. Helena, California
Group Show, Del Mar Sculpture Gallery, Del Mar, California
1997 Sculpture ’97, Bad Homburg, Germany
Pier Walk ’97, Navy Pier, Chicago
Nine BcO.~ Area Avant-Garde Artists of the Sixties: Then & Now, J.J. Brookings Gallery,
Sml Francisco
55 & Up, Art for a Lifetime, Bedford Gallery, Walnut Creek, California
Skulpture Heute’97, Galerie Wirth, Zurich, Switzerland
Sculpture Inaugural, T. Curtsnoc Gallery, Miami, Florida
An Artist’s Legacy, Kennedy Art Center Gallery, Holy Names College, Oakland, CA
1996 Generations: The Lineage of Influence in Bay Area Art, Richmond Art Center,
Richmond, California
California Color, Sheldon Memorial Art Gallery, University of Nebraska, Lincoln
Contemporary Sculpture, Galerie Gabriele yon Loeper, Hamberg, Germany
Sculpture Invitational, Grounds for Sculpture, Hamilton, New Jersey .
Sculpture Invitational, Cerrillos Cultural Center, Cerrillos, New Mexico
1995 A Bay Area Connection: Works from the Anderson Collection, Triton Museum of Art,
Santa Clara, California
Art Cologne, Cologne, Germany
The 2nd Fujisankei International Biennale: Excellent Maquettes, Hakone Open-Air
Museum, Hakone, Japan
Skulpture Heute, Galerie Marie-Louise Wirth, Zurich, Switzerland
Art Chicago 1995, Navy Pier
An Opening Exhibition, The Sculpture Gallery, San Francisco
1994Recent Acquisitions of 2Oth Century American Art, Fine Arts Museums, San Francisco
Sculpture Invitational, Landesgartenschau, Fulda, Germany
Skulpture Heute, Galerie Marie-Louise Wirth, Zurich, Switzerland
Contemporary Cast Iron Art, Visual Arts Gallery, Univ. of Alabama at Birmington
Beasley, Dykes, Yates, Solomon Dubnick Gallery, Sacramento, California
A Syntex Retrospective, Syntex Corp. Gallery, Palo Alto, California
Artists Shedding Light on Science, San Francisco State University, San Francisco
Directions in Contemporary Cast Iron. Ramapo College Art Galleries, Mahwah, NJ
1993 International Biennial of Graphic Arts, Xantus Janos Museum, Gyor, Hungary
Chicago International Art Exposition, Donnelley International Hall, Chicago, Illinois
Fujisankei International Biennale: Excellent Maquettes, Hakone Open-Air Museum,
Hakone,Japan
International Fair for Contemporary Art. Frankfurt, Germany.
Five Bay Area Sculptors, Harcourts Gallery, San Francisco
Computer Art: An Ohio Perspective, Dayton Visual Arts Center, Dayton, Ohio
SELECTED GROUP EXHIBITIONS continued
1992Bay Area Greats, Syntex Corp. Gallery, Palo Alto, California
New Works: Beasley, Albuquerque, Davis, Valerie Miller Fine Art, Palm Desert, CA
The 7th International Los Angeles Art Fair, Los Angeles
Bruce Beasley
1991 Vernissage, Galerie Utermann, Dortmund, Germany
New California Sculpture, The Oakland Museum, Oakland, California
Sculptural Perspectives for the Nineties, Muckenthaler Cultural Center, Fullerton, CA
Sculpture 1991, Fermilab National Accelerator Facility, Batavia, Illinois
1990Sculpture, Novus Gallery, Atlanta, Georgia
Oakland’s Artists ’90, The Oakland Museum, Oakland, California
Beyond Fragments: After the Earthquake, Pro Arts Gallery, Oakland, California
1989Bay Area Bronze, Civic Arts Gallery, Walnut Creek, California
1988State of California, Art in Public Buildings 1978-88, Fresno State University,
Traveled Statewide
1987Monumenta, 19th Sculpture Bielma!e, Middleheim Sculpture Park, Antwerp, Belgium
Steel Sculpture, International Steel Sculpture Symposium at Park der Berg, IZd’efeld,
West Germany; Wantipark, Dordrecht, Netherlands; Yorkshire Sculpture Park,
West Bretton, Great Britain; Kunsthalle, Bremen, West Germany
Budapest Triennial International Sculpture Exhibition, Palace of Exhibitions,
Budapest, Hungary
Outdoor Sculpture Show, Shidoni Gallery, Tesuque, New Mexico
Sculpture-Modern and Contemporary, Anchorage Museum of History and Art,
Anchorage; ~aveled to Alaska State Museum, Juneau, and Univ. of Fairbanks
1986A Gift of Sculpture, San Francisco Civic Center Plaza, Sponsored by The San Francisco
Arts Commission
Casling Across America, North Dakota Museum of Art, Grand Forks, North Dakota
Sculpture Invitational, Kaiser Center Roof Garden, Oakland
Selections from the SecuriO, Pacific Collection, San Francisco Arts Comm. Gallery
1985 The Art of t,~e San Francisco Bay Area: 1945 to 1980, The Oakland Museum,
Oakland, California
Going Public: A Retrospective Exhibition, Walnut Creek Civic A~s Gallery and Civic
Park, Walnut Creek, California
Art Collectors In and Around Silicon Valley, Euphrat Gallery, DeAnza College,
Cupertino, California
1984 California Sculpture Show, XXII Olympic Arts Festival and the Fisher Galleries, University of
Southern California. Traveling exhibition to: Musee d’Art Contemporain de Bordeaux, France;
Kunsthalle, Mannheim, West Germany;Yorkshire Sculpture Park, West Bretton, Great Britain;
Sonja Henies Og Niels, Onstads, Norway, 1984-85
1983 Outdoor Sculpture Show, Shidoni Gallery, Tesuque, New Mexico
1982100 Years of California Sculpture, The Oakland Museum, Oakland, California
Northern California Art of the Sixties, deSaisset Museum, Santa Clara University,
Santa Clara, California
Forgotten Dimension, Two-year tour organized by the Fresno Art Museum, Fresno, CA
The Shoebox Sculpture Show, University of Hawaii; Traveled Internationally, 1982-84
Sculpture ’82, Shidoni Gallery, Tesuque, New Mexico
1980Forty American Sculptors, XII International Sculpture Conference, Washington, D.C.
Across the Nation, National Museum of American Art, Washington, D.C.
Sculpture in Public Spaces, San Mateo Arts Council, San Mateo, California
1979Acquisitions 1974-1978, Dartmouth College Museum & Galleries, Hanover, NH
Spaces, Walnut Creek Civic Arts Gallery, Walnut Creek, California
1976Fine Art in New Federal Buildings, New Orleans Museum of Art, New Orleans, LA
1975Public Sculpture-Urban Environment, The Oakland Museum, Oakland, California
Contemporary American Painting and Sculpture, Krannert Art Museum, University
1974 Oregon International Sculpture Symposium, Eugene, Oregon
1973 Salon d’Mai, The Luxembourg Gardens, Paris, France
Salon de la Jeune Sculpture, Musee d’Art Moderne, Paris, France
Refracted Images, DeCordova Museum, Worcester, Massachusetts
The Small Format, St. Mary’s College Art Gallery, Moraga, California
SELECTED GROUP EXHIBITIONS continued
1972Sculpture ’72, Stanford University Museum of Art, Stanford, California
1971 Translucent and Transparent Art, Museum of Fine Arts, St. Petersburg, Florida
Centennial Exhibition, San Francisco Art Institute, de Young Museum, San Francisco
A Decade in the West, Stanford University Museum of Art, Stanford, California, and
Santa Barbara Museum of Art, Santa Barbara, California
Bruce Beasley
1970
1969
1968
1967
1966
1965
1964
1963
1962
1961
1960
1970 Biennial Invitational, Crocker Art Museum, Sacramento, California
American Sculpture in Perspective, Sheldon Art Gallery, University of Nebraska, Lincoln
Pierres de Fantaisie, The Oakland Museum, Oakland, Ca!ifornia
Excellence, University of California Art Museum, Berkeley
Pollution Show, The Oakland Museum, Oakland, California
Looking West, Josyln Art Museum, Omaha, Nebraska
Sculpture Here andNow, Stanford University Art Museum, Stanford, California
Expo ’70, San Francisco Pavilion, Osaka, Japan
A Plast)’c Presence, The Jewish Museum, New York; Milwaukee Art Center,
Francisco Museum of Modem Art, San Francisco, 1969-70
Plastics and New Art, Institute of Contemporary Art., University of Pemasylvania,
Philadelphia, Pennsylvania
Contemporary Ameriean Painting and Sculpture, Krannert Art Museum,
University of Illinois, Urbana-Champaign, Illinois
Artf~om CaliJbrnia, Janie C. Lee Gallery, Dallas, Texas
California Artists in National Collections, Lytton Center of Visual Arts, Los Angeles
Thirtieth Anniversary Exhibition, Richmond Art Center, Richmond, California
Plastics West Coast, Hansen-Fuller Gallery, San Francisco
SelectedAequisitions, Solomon R. Guggenheim Museum, New York
Twenty-Two Sculptors, California State University at No.bridge
Annual Exhibition, San Francisco Museum of Modem Art
Contemporary Art from the Lytton Collection, Lytton Center of the Visual Arts,
Los Angeles.
Sculptors Who Operate Their Own Foundries, Hansen Gallery, San Francisco
Zellerbach Memorial Competition, Palace of the Legion of Honor, San Francisco
Some Aspects of California Painting andSeuipture, La Jol!a Art Museum, La Jo!!a, CA
Annual Exhibition, San Francisco Museum of Modem Art
Group show, The Berkeley Gallery, Berkeley, California
Contemporary Sculpture, Albright Knox Gallery, Buffalo, New York
Eleven American Sculptors, University of California Art Museum, Berkeley
Biennale de Paris, Musee d’Art Modeme, Paris, France
Contemporary California Sculpture, The Oakland Museum, Oakland, California
Annual Exhibition, San Francisco Museum of Modem Art
International Contemporary Sculpture, Everett Ellin Gallery
Painting and Sculpture Acquisitions, Museum of Modern Art, New York
Three Artists, Gallery 8, Santa Barbara, California
Art of Assemblage, Museum of Modern Art, New York; traveled to the Dallas Museum
for Contemporary Art, and the San Francisco Museum of Modern Art, 1961-62
Annual Exhibition, San Francisco Museum of Modem Art
Contemporary Painting and Sculpture, Everett Ellin Gallery, Los Angeles, California
Northern California Sculptors Annual, The Oakland Museum, Oakland, California
Painting and Sculpture Annual, Richmond Art Center, Richmond, California
Milwaukee,Wisconsin; San
AWARDS AND PRIZES
1989 Individual Artist Award, Oakland Chamber of Commerce, Oakland, California
1967Purchase Prize, San Francisco Arts Festival, San Francisco
1965 Frank Lloyd Wright Memorial Purchase Award, Marin Museum Association,
San Rafael, California
1963 Andre Malraux Purchase Prize, Biennale de Paris, France
1961 Honorable Mention, San Francisco Museum of Modem Art Annual
1960Adele Morrison Memorial Medal, The Oakland Museum Sculpture Annual
CIVIC AND CORPORATE COLLECTIONS
Arco Corporation, Los Angeles
Berkeley Repertory Theatre, Berkeley, California
Bruce Beasley
Bishop Ranch, San Ramon, California
Capitol Group, Los Angeles
City of Anchorage, Alaska
City of Bad Homberg, Germany
City of Dortmund, Germany
City of Eugene, Oregon
City of Oakland, California
City of Palo Alto, California
City of Salinas, California
City of South San Francisco, California
Djerassi Foundation, Woodside, California
Federal Home Loan Bank, San Francisco, California
Federal Office Building, San Diego, California. GSA Art in Public Buildings
Franklin D. Murphy Sculpture Garden, Univ. of California at Los Angeles
Gallaudet College, Washington,D.C.
Gateway Center, Walnut Creek, California
IBM Corporation, New York, New York
Kleinewefers GmbH, Krefeld, Germany
La Joiia Crossroads, San Diego, California
Lakeside Mall, Sterling Heights, Michigan
Landeszentral Bank, Hessen, Germany
Mall at Short Hills, Short Hills, New Jersey
Miami International Airport, Miami, Florida
Miami University, Oxford, Ohio
San Francisco Arts Commission, San Francisco, (3 pieces)
San Francisco International Airport, San Francisco
Sculptural Park Punta Sur, Isla Mujeres, Mexico
Security Pacific Corporation, Los Angeles, California
Stanford University, Stanford, California, (2 pieces)
State of Alaska, Anchorage, Alaska
State of California, Capitol Office Building, Sacramento, California
State of California, State Office Building, San Bernardino, California
The Johnson Foundation, Racine, Wisconsin
The Oakland Museum, Oakland, California
Times Mirror Corporation, Los Angeles, California
Tupperware, Inc., Orlando, Florida
University of Oregon, Eugene, Oregon
Village ofFlossmoor, Flossmoor, Illinois
Voit Brea Business Park, Brea, California
World Savings, Oakland, California
LECTURES
Academy of Art College, San Francisco
American River College, Sacramento, California
Art and Mathematics Conference, University of California at Berkeley
Art and Mathematics Conference, San Sebastian, Spain
Art Guild, Oakland Museum of California
Atlanta College of Art, Atlanta, Georgia
Brown University, Providence, Rhode Island
California Polytechnic State University
California State University, Turlock, California
College of Marin, Fairfax, California
Concordia University, Montreal, Quebec
Bruce Beasley
Crocker Art Museum, Sacramento, California
Dartmouth College, Hanover, New Hampshire
De Anza College, Cupertino, California
Emily Carr College of Art, Vancouver, British Columbia
Fresno Art Museum, Fresno, California
Fundacion Marcelino Botin, Santander, Spain
Hong Kong Museum of Art, Hong Kong
Humboldt State College, Arcata, California
International Sculpture Conference
Johnson Atelier, Princeton, New Jersey
Miami University, Miami, Florida
National Computer Graphics Association Conference, Anaheim, California
Endowment for the Arts, Small Business Administration Lecture Series
The Oakland Museum
Osaka American Center, Osaka, Japan
Pennsylvania State University
Rancho Santiago College, Santa Ana, California
San Antonio Art institute, San Antonio, Texas
San Francisco Academy of Art, San Francisco
San Francisco Museum of Modern Art, San Francisco
Santa Barbara Art Museum, Santa Barbara, California
Santa Clara University, Santa Clara, California
Santa Cruz Art Association, Santa Cruz, California
Sapporo American Center, Sapporo, Japan
Siggraph, 18th International Conference
Sonoma State University, Rhonert Park, California
Stanford University, Stanford, California
The Exploratorium, San Francisco
Town &Gown Club, Berkeley, California
University of California at Berkeley
University of Hawaii
University of North Dakota
University of Oregon
University of Sydney, Sydney, Australia
Visual Arts Center, Anchorage, Alaska
Walnut Creek Civic Art Association, Walnut Creek, California
York University, Toronto, Ontario
National
JUROR
Anacortes Exhibition, Anacortes, Washington
Bolinas Museum of Art, Bolinas, California
California Arts Council, Sacramento, California
California State College, Sacramento, California
California State Fair, Sacramento, California
College of Marin, Fairfax, California
Concord Civic Arts Commission
Hawaii Sculpture Competition, Honolulu, Hawaii
Hong Kong Museum of Art
International Sculpture Competition 1980, Washington, D.C.
Bruce Beasley
Marin-InterArts Sculpture Competition
Sacramento Arts Commission
San Francisco Art Commission, San Francisco
San Francisco Art Fair, San Francisco
San Mateo Art Counci!