HomeMy WebLinkAbout2024-01-04; Public Art Advisory Subcommittee; ; Chestnut Avenue Underpass Public Art Project and Artist SelectionJan. 4, 2024 Item #1 Page 1 of 3
Meeting Date:
Special Meeting
Jan. 4, 2024
To: Public Art Advisory Subcommittee – Chestnut Avenue Underpass
From: Fiona Everett, Senior Management Analyst
Tonya Rodzach, Community Arts Coordinator, Public Art
Staff Contact: Fiona Everett, Senior Management Analyst
fiona.everett@carlsbadca.gov, 442-339-2014
Tonya Rodzach, Community Arts Coordinator, Public Art
tonya.rodzach@carlsbadca.gov, 442-339-2087
Subject: Chestnut Avenue Underpass public art project and artist selection
District:
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Recommended Action
Receive artists’ presentations for the Chestnut Avenue Underpass public art project and select
an artist or artist team for the project.
Executive Summary
Tied to the city’s Capital Improvement Program budget and plan, Carlsbad Municipal Code
2.18.110 (Appropriation for arts) requires that a minimum of 1% of the cost of certain
construction projects be dedicated to permanent public art. For the Chestnut Avenue
Community Enhancement Project (Capital Improvement Program, Project No. 6098), City
Council has designated $400,000 from the General Capital Construction Fund for the
permanent public art. The Public Art Advisory Subcommittee will make a final selection of the
artist or artist team who will enter into an agreement to develop a site-integrated permanent
public artwork for Chestnut Avenue Underpass.
Explanation & Analysis
The limited Call for Artists Qualifications was developed to elicit artists and artist teams with
large-scale permanent public art experience to respond to the outlined criteria. The limited Call
for Artists Qualifications document was released to six previously identified artists/artist teams
on Monday, August 28, 2023. The artist’s application period closed on Tuesday, October 10,
2023. Two artists and one artist team met the criteria outlined in the limited Call for Artists
Qualifications: Greenmeme artist team, Freyja Bardell and Brian Howe from Los Angeles,
California; Christopher Puzio from San Diego, California; and Vicki Scuri from Lake Forest Park,
PUBLIC ART ADVISORY SUBCOMMITTEE
Staff Report
Jan. 4, 2024 Item #1 Page 2 of 3
Washington.
Each artist and artist team will make a presentation to the Public Art Advisory Subcommittee
and will share information about themselves and about their past public art commissions. Each
artist/artist team is prepared to receive interview and discussion-style questions from the
Public Art Advisory Subcommittee. Two questions were provided to each artist and artist team
in advance of the subcommittee meeting.
Questions shared with artists and artist team:
• With your past public art projects, give us an example of your best experience engaging
the community and what made it successful and memorable?
• How will you ensure your design reflects the values and culture of the Barrio
community?
Part of the Public Art Advisory Subcommittee’s role is to ensure the artist selected for the
permanent public art for the Chestnut Avenue Underpass Community Enhancement Project
meets the criteria and guidelines for the of an artist/artist team as established by the city’s Art
in Public Places Program guidelines. The subcommittee will evaluate the artist’s/artist team’s
application submissions and their presentations based on their past work experience, artistic
merit, capability to working in large-scale, site-specific, and with successful project completion.
The subcommittee will select an artist or artist team of the highest caliber and artistic quality
which fulfill the overall goals of the project.
Community Engagement
Once the artist/artist team selection has been finalized, community engagement with them will
be scheduled to ensure the artist or artist team hears from the community and incorporates
their feedback into their final design. Cultural Arts staff will meet with the artist/artist team to
determine their preferred method of meeting with residents and engaging with the community.
Then, Cultural Arts will finalize details with Communications & Engagement staff to determine
final outreach strategy aligning to steps outlined in the community engagement plan.
Fiscal Analysis
A total budget of $400,000 has been identified to fund permanent public art for Chestnut
Avenue Community Enhancement Project No. 6098.
Next Steps
Staff will work with selected artist or artist team to enter into an agreement for the design
portion of the project. After the design agreement has been fully executed, project team
meetings and community engagement will commence. Public input will help shape the design
concept for the public art. Once the final design concept has been developed, then the artist or
artist team will present to the city’s Arts Commission, and then to City Council. Once approved,
the artist will enter into a contract for the fabrication portion and contract(s) for installation will
commence. Once the fabrication and installation contract(s) have been fully executed, then the
artist or artist team will work with all identified entities for installation.
Environmental Evaluation
This action does not require environmental review because it does not constitute a project
within the meaning of the California Environmental Quality Act under California Public
Jan. 4, 2024 Item #1 Page 3 of 3
Resources Code Section 21065 in that it has no potential to cause either a direct physical
change or a reasonably foreseeable indirect physical change in the environment.
Exhibits
1. Art in Public Places Program guidelines
2. City of Carlsbad, CA, Chestnut Underpass Public Art, Limited Call for Artists Qualifications
3. Artist team submission materials, Greenmeme, Freyja Bardell and Brian Howe
4. Artist submission materials, Christopher Puzio
5. Artist submission materials, Vicki Scuri
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City of Carlsbad
Cultural Arts Office
Art in Public Places
Program
Mailing Address: Location:
1200 Carlsbad Village Drive 2955 Elmwood St.
Carlsbad, CA 92008 Carlsbad, CA 92008
C cityof
Carlsbad
Cultural Arts
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Table of Contents
Topic Page
Introduction .............................................................................. 3
Goals ................................................................................ 3
Public art as it relates to the city’s General Plan ............. 4
Purpose .................................................................................... 5
Intent ...................................................................................
Budget Process .......................................................................... 6
Capital Improvement Projects ......................................... 6
Community Arts Projects ................................................. 7
City Council Review .......................................................... 8
Initiating a Public Art Project .................................................... 8
Responsibilities ................................................................ 8
Selection Procedures .............................................................. 15
General Process ............................................................. 15
Public Art Advisory Committee ...................................... 16
Appeals Process ............................................................. 18
Insurance and Risk Management ........................................... 18
Policy on Donated Works, Gifts and Accessions ..................... 19
Procedures for Acquisition – Donated Artworks ........... 19
Donated Funds for Public Art ......................................... 21
Panel Review Process ..................................................... 21
Collection Management.......................................................... 22
Collection Management Goals ....................................... 22
Deaccession Policies ...................................................... 23
Adopted by the Carlsbad Arts Commission, May, 1995.
Updated February, 2014.
Adopted by City Council March 2015.
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Introduction
The City of Carlsbad’s Art in Public Places Program seeks to ensure the highest quality of
design where arts and culture and public art have a constant presence. The city wishes to
advance Carlsbad’s reputation as a unique community by expanding residents' appreciation of
art, reflecting the city's aspiration to improve the quality of life, enhancing public spaces for
all residents and visitors and becoming a world class city for innovation and creativity. The Art in
Public Places Program works to integrate art and the ideas of artists into the development of
public settings by collaborating with local and nationally-known artists to include the values and
history of our community into their work.
Goals
1. To increase the understanding and appreciation of art in public places of Carlsbad
residents and visitors.
2. To acquire and commission quality and diverse works of art for community enrichment
that is site specific and environmentally responsive.
3. To encourage participation of diverse socioeconomic and ethnic groups in the art in
public places program and process.
4. To support and involve artists in developing, collaborating and implementing Carlsbad's
public spaces and community development projects.
5. To encourage collaboration between artists and architects, landscape architects and civil
engineers for public projects.
6. To encourage an environment for artistic creativity in Carlsbad and promote Carlsbad as
a local, state and national leader in arts, culture and public art.
7. To increase awareness of Carlsbad's art in public places activities as an integral
component for attracting business and tourism to Carlsbad.
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Public Art as it relates to the City of Carlsbad General Plan
The General Plan outlines the community’s vision for the future development of Carlsbad. The
plan introduces its purpose, use, and policy structure, and how it can be amended and updated
to continually embody the Community’s Vision and direction for the future. The plan draws its
ideas from more than 8,000 residents and over 100 community groups and organizations, as
well as business owners, elected officials, and city staff who directly participated in the process
to create the Carlsbad Community Vision, which is the foundation for this plan. The plan is
comprehensive and long-range and will be used on an ongoing basis, reflecting the city’s
commitment to the Carlsbad Community Vision and the state law requirement that all actions
related to the city’s physical development—from transportation and park plans, to facility
plans, as well development regulations and fee programs—should be consistent with the
General Plan.
The Carlsbad Community Vision reflects the community’s aspirations for Carlsbad’s future; it is
a clear and motivational synthesis of the ideas expressed by community members during the
first phase of Envision Carlsbad. The Carlsbad Community Vision is based upon nine core values
that were commonly expressed by the community. These values represent the qualities and
characteristics of Carlsbad that community members aspire to protect, maintain, improve,
change or achieve in the future.
Small town feel, beach community character and connectedness
Open space and the natural environment
Access to recreation and active, healthy lifestyles
The local economy, business diversity and tourism
Walking, biking, public transportation and connectivity
Sustainability
High quality education and community services
Neighborhood revitalization, community design and livability
History, the arts and cultural resources
The Arts, History, Culture and Education (AHCE) Element of the General Plan recognizes that an
aesthetic environment and connections to culture and education are essential characteristics of
a community that values its quality of life and wishes to be seen by its residents, neighbors and
visitors as an attractive and desirable place, addressing the needs of the human spirit. This
element is intended to enhance availability and accessibility of the arts for all residents,
preservation of the important historic and cultural elements that make Carlsbad unique, and
educational opportunities for lifelong learning.
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Carlsbad boasts a variety of arts and cultural events, institutions and programs aimed at
promoting a sense of community identity and providing education and information about the
city’s heritage. Events such as ArtSplash, TGIF Concerts in the Parks and exhibits at the William
D. Cannon Art Gallery provide outlets for the arts and cultural community. These events help
Carlsbad residents from all cultural backgrounds to celebrate local traditions and heritage in
creative and inspiring ways by building connections between historic resources and the arts and
by promoting and strengthening both.
General Plan goals related to public art:
Integrate the arts and arts education as a vital aspect of community life, with a wide range
of facilities and public programs designed to engage the city’s diverse audiences as active
participants and patrons.
Foster an environment of active participation in and attendance at artistic and educational
programs and activities by residents and visitors.
Enhance cultural and generational diversity and social connections through opportunities
for volunteerism and civic engagement; more public gathering places, family-friendly
activities; and more events that connect residents to one another and keep them active in
the community.
General Plan policies related to public art:
Allocate funding for the purchase, maintenance and conservation of the city’s public art
collection and provide, when possible, for the siting, selection, installation and maintenance
of works of art within or upon public facilities and land.
Promote cooperative arrangements with other public or private agencies that facilitate the
temporary or permanent display of works of art within or upon public or private facilities
and land.
Develop programs that invest in and contribute to the enhancement of arts and cultural
programs, services, organizations and artists to foster ongoing cultural tourism efforts and
creative economy development in the city.
PURPOSE
It is the intent of city ordinance 2.18.110 (appropriations for arts) to direct the inclusion of
works of art in all city construction projects. The Art in Public Places Program is designed to
manage the acquisition and disposition of public art in order to expand residents’ and visitors’
experience with art and enable them to better understand their communities and their
individual lives. By encouraging artists capable of creating works of art in public places, the Art
in Public Places Program shall strive to stimulate the vitality and economy of the city and
enhance Carlsbad’s reputation as a regional leader in arts and culture.
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BUDGET PROCESS
There are two ways a public art project may be funded. These methods require Carlsbad Arts
Commission and City Council approval. The methods used to fund a project are:
Capital Improvement Projects
Funding for public art was authorized by City Council on May 7, 1985, under chapter 2.18.130
(Appropriations for Arts) of the Carlsbad Municipal Code. Within this chapter, all city
department heads are directed to include at least one percent of project cost estimates for a
public art element when requesting Capital Improvement Projects (CIPs) authorizations or
appropriations. All Capital Improvement Projects must include public art as a design
requirement.
For the purposes of the Art in Public Places Program, Capital Improvement Project means any of
the following:
1. Construction, reconstruction, or renovation in excess of $500,000, involving any publicly
owned, leased, or operated facility including any plant, building, structure, utility
system, real property, streets and highways, or other public work improvement.
2. Street or streetscape improvement projects other than street repair or reconstruction.
In the case of streetscape and right-of-way enhancement projects, streetscape means
an improvement to a public right-of-way, including a sidewalk, tree, light fixture, sign,
and furniture. Some funding sources (e.g., sources restricted to “transportation
purposes” or “direct construction costs”) may prohibit formula-based expenditures for
art. Thus, percent for art will not be collected from those sources. However, City Council
may provide funding for public art for street or streetscape improvements from General
Fund revenues on a case by case basis.
3. In the case of a publicly owned utility system, capital improvement project shall include
only the construction, erection, improvement, of dams, reservoirs and power plants.
For the purposes of the Art in Public Places Program, Capital Improvement Project does not
mean any of the following maintenance work:
1. Routine, recurring and usual work for the preservation or protection of any publicly
owned or publicly operated facility (see 2.18110 b-1) for its intended purposes.
2. Resurfacing of streets and highways.
3. Landscape maintenance, including mowing, watering, trimming, pruning, planting,
replacement of plants, and servicing of irrigation and sprinkler systems.
4. Work performed to keep, operate, and maintain publicly owned water, power, or waste
disposal systems, including, but not limited to, dams, reservoirs, and power plants.
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Annually, the Administrative Services Department of the City of Carlsbad will verify the one
percent for public art allocation for all eligible CIP projects has been included in the budgeted
amounts for City Council approval. As an alternative, where funding for eligible projects is
restricted and cannot be used for public art, the City Council may appropriate percent for art
funding from the General Capital Construction Fund or the General Fund. The funds for art
allocations may be used for projects located at the direct site of the CIP project, or pooled for
other future public art projects identified by the cultural arts manager and Carlsbad Arts
Commission. The park in lieu fee funded percent for art allocations must be used for artwork at
a park within the same quadrant where the fee was paid.
Community Arts Projects
The second method is a Community Arts Project. In addition to the above Capital Improvement
Projects, the city may wish to provide art in other significant locations throughout Carlsbad.
These projects may be initiated by a request from City Council or City Manager’s office, city
departments or commissions, community members or groups or individual artists. Requests
may include proposals for permanently placed artworks or temporary exhibitions or projects.
Requests will be reviewed by the cultural arts manager and forwarded to the public art advisory
committee and the Carlsbad Arts Commission. If approved, the recommendation will go to the
City Council as a request for appropriation. In most cases, these projects will be listed in and
submitted as part of the annual budget process.
A Community Arts Project request should include the following information:
A. Title of the Capital Improvement or Community Project identified for public art (if any).
B. Location of the project (description and map).
C. Source of funding for the proposed artwork.
D. Fiscal year or years the project covers and the amount of funds requested per year.
E. Amount of appropriation requested for the project in total.
F. Proposed method of selection for the artist/artwork.
G. General description of the artist’s involvement with the CIP project.
H. Statement of project need.
I. Project description (statement).
J. Outline of operational costs (if any).
K. Any additional information as required by the specific site, project or design.
*F, G, I and K will be completed by the Cultural Arts Office.
Funding for the Community Art Projects may come from individuals, community organizations
or other city departments. City Council may also choose to fund public art projects from the
General Fund, special projects fund or other sources.
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City Council Review
All public art projects in the City of Carlsbad require City Council approval at three stages. These
stages are:
A. Appropriation of funds.
B. Approval of contracts (both individual artists/artwork and integrated Capital
Improvement Projects which exceeds the city manager’s authority).
C. Final approval of the final design concepts.
This approval is presented in the form of an agenda item, which is prepared by the Cultural Arts
Office staff.
INITIATING A PUBLIC ART PROCESS
Responsibilities
City Council
1. Appoints and empowers the Carlsbad Arts Commission.
2. Receives recommendations from the Carlsbad Arts Commission on public art policies
and issues.
3. Reviews and adopts the annual Capital Improvement Project budget.
4. Approves final public artwork design concepts recommended by the Carlsbad Arts
Commission.
5. Approves artists’ contracts for public art projects exceeding the city manager’s signature
authority.
6. In the case of a CIP project where the artwork is an integrated part of that project, the
City Council will be asked to approve the artwork as part of the project to go out to bid,
not as a separate unit. The City Council will not be asked to make an aesthetic judgment.
This will be determined by the Carlsbad Arts Commission after a process has been
completed which has involved input from the public.
7. In the case of artwork which is not an integrated part of the capital improvement
project, the City Council will be asked to approve the final design concepts.
Carlsbad Arts Commission
1. Makes recommendations on policies and procedures related to the Art in Public Places
Program.
2. Approves selection of public art and/or artist.
3. Serves as part of the public art advisory committee.
4. Approves changes and updates to the Art in Public Places Program policies and
procedures.
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Public Art Advisory Committee
Reports to the cultural arts manager on the following:
1. Offers recommendations on all public art projects.
2. Reports on possible public art sites.
3. Submits recommendations on site integrations, scope of project, selected media,
selection criteria and process.
4. Reviews proposals.
5. Recommends policy to the Carlsbad Arts Commission.
Cultural Arts Office
1. Determines and implements artist selection and review processes for public art projects.
2. Assembles public art advisory committee to assist in artist selection and review.
3. Handles all administrative components:
a. Liaison to all groups: Carlsbad Arts Commission, city departments, outside
agencies, community representatives and selection panels, public art advisory
committee.
b. Works with artists on contracts, proposal development and project coordination.
4. Provides education, publicity and information materials.
5. Reports to City Council on public art projects, issues and trends.
6. Manages, documents and conserves collection.
7. Implements approved program guidelines.
8. Develops and coordinates community involvement.
9. Works with private sector to promote the arts.
10. Works with private developers on public art projects in private development.
Host City Department
1. Includes at least one percent of Capital Improvement Project cost in all construction
projects for public art (or via the Administrative Services Department).
2. Coordinates project integration at site with Cultural Arts Office and artist.
3. Representative serves on selection panel/public art advisory committee.
4. Co-hosts dedication of public artwork.
5. Maintains artwork according to conservation directions in consultation with the Cultural
Arts Office.
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Artworks
The City of Carlsbad wishes to encourage the broadest interpretation of art and the diverse
venues used by artists. Artworks may include all forms of original creations of visual art which
may be portable as well as permanent. The various media and materials which can be used by
contemporary artists include but are not limited to the following:
1. Sculpture: Free standing, wall supported or suspended; kinetic, electronic, etc., in any
material or combination of durable materials.
2. Murals or portable paintings: In any material or variety of materials, with or without
collage or the addition of non-traditional materials and means.
3. Earthworks, fiber works, neon, glass, mosaics, photographs, prints, calligraphy, any
combination of forms of media including sound film, holographic and video systems,
hybrids of any media and new genres.
4. Standardized fixtures such as gates, streetlights, etc., may be contracted to artists for
unique or limited editions, provided the work is designed specifically for the city as
public art.
5. Architectural elements designed and executed by visual artists in collaboration with an
architect or landscape architect; which may be incorporated into, upon or adjacent to
publicly funded structures or projects such as streetscapes and other development
efforts.
6. Design elements incorporated into a Capital Improvement Project that are designed by
an artist for fabrication and execution by the project contractor.
Exclusions
The following items are identified as ineligible for inclusion in the city’s Art in Public Places
Program.
(These items may be funded through other programs or departments within the city, but they
do not fall within the parameters of public art):
1. Directional elements such as supergraphics, signage or color coding except where these
elements are integral parts of the original work of art.
2. “Art objects” which are mass produced as a standard design such as playground
equipment, fountains or statuary objects.
3. Reproductions, by mechanical or other means of original works of art, except in cases of
film, video, photography, printmaking or other media arts, specifically commissioned by
the city.
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4. Decorative, ornamental or functional elements which are designed by the building
architect as opposed to an artist commissioned for this purpose.
5. Landscape architecture and landscape gardening except where these elements are
designed by an artist and/or are an integral part of the work of art by an artist.
6. Services or utilities necessary to operate or maintain the artwork over time.
7. Existing works of art offered for sale or donation to the city which do not have an
established and recognized significance as public art among art professionals and art
appraisers.
8. Works of art which are not publicly accessible.
9. Works of art which cannot reasonably be maintained within the resources allocated by
the residents of Carlsbad.
Project Parameters
In coordination with the schedule of the Capital Improvement Project or of a public art project
obtained through other means, the Cultural Arts Office proceeds according to the following
steps:
1. Project Identification: The Cultural Arts Office starts the project after consultation with
the Administrative Services Department, Host City Department and the Carlsbad Arts
Commission.
2. Administrative Parameters: Following initial consultations with the city department
concerned with the project, the Cultural Arts Office will convene a meeting of the public
art advisory committee. The public art advisory committee shall consider and make
recommendation to the cultural arts manager and the Carlsbad Arts Commission
regarding the following aspects:
a. Project site and the scope of the project.
b. Project guidelines to be used for the artwork. These guidelines might suggest the
possible venue (mural, freestanding sculpture, architectural element, etc.)
c. Selection criteria for the project to be used by the committee members.
d. Project calendar developed in conjunction within the overall schedule.
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Following Cultural Arts staff and Carlsbad Arts Commission (if needed) approval, the following
steps will be taken;
1. Administrative components:
a. Develop and send requests for qualifications, requests for proposal(s) or prospectus
to artists.
b. Develop a project outline to further define the goals and objectives of the art
project.
c. Prepare all necessary materials, entries or proposals for the public art advisory committee.
2. The public art advisory committee meets to select an artist or an artwork. All finalist or
selected artworks (proposals) should be ranked in the order of selection in case the
chosen artists cannot complete the project.
3. Selection approval: All selections and finalists are submitted to the Carlsbad Arts
Commission.
Design Only
4. Upon acceptance of the artist by the Carlsbad Arts Commission, the Cultural Arts Office
will negotiate a contract with the artist.
5. Design Phase: The artist develops the design in consultation with the Cultural Arts Office
and the Host City Department.
Design and Fabrication
6. When artwork includes fabrication, a contract is approved prior to the design phase for
both design and fabrication. Upon acceptance of the design by the Carlsbad Arts
Commission and approval from City Council, the artist may proceed to the fabrication
stage of the contract.
According to the terms and timetable defined in the contract, the project(s), plans, schematics
and structural engineering drawings (if necessary) are submitted. Agency requirements or
permits are obtained at this time.
Payments will be outlined in the contract(s). Final payment is held until all phases of the
contract are completed.
7. Project dedication: Dedication is planned with the Cultural Arts Office, artist, Host City
Department and Communications Office.
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Site Selection Guidelines
All sites for public art will be reviewed and approved by the Cultural Arts Office and the
Carlsbad Arts Commission. The selection of an artwork and the appropriate media are
determined on a project-by-project basis.
The public art advisory committee will consider:
1. Accessibility of the site. The site must be accessible or visible to the public.
2. Interior or exterior placement.
3. Suitable locations for public art. Locations may include surface treatments on buildings,
retaining walls or bridges. Other locations may include design elements or free standing
works adjacent to or upon the Capital Improvement Project site. The definition of
location may be expanded by an artist’s ability to extend the possibilities of public art in
an unconventional manner. This will be considered on a case-by-case basis.
4. Appropriateness of materials in relationship to the overall project. This includes
consideration such as durability and resistance to vandalism.
5. Community context should be considered in all cases.
6. Historical, environmental and cultural factors of the project area.
7. Environmental factors such as land forms, geographic features or predominate or pre-
existing structures or landmarks at a Capital Improvement Project site.
Community representatives will be consulted by the public art advisory committee when
studying a public art site. Also, community representatives will be included in the public art
advisory committee.
Eligible Costs
1. Professional fees for the artist(s).
2. Required permits or certification fees including structural engineering.
3. Studio and operating costs incurred in the fabrication of commissioned artworks.
4. Fabrication costs including artist’s labor, materials, subcontractor and studio assistant
fees, and contracted services required for production, transport and installation of the
work of art.
5. Communication and indirect costs (including insurance and utilities).
6. Travel expenses of the artists(s) for consultation with the city or its agents, or for site
study and/or inspection by the artist or the artist’s consultants doing research for the
project.
7. Site preparation or modification directly related to the installation of the artwork.
8. All required services to install the commissioned artwork (including subcontractors),
except site landscaping or modifications not directly related to the artwork.
9. Documentation from the artist of the artwork required by the city (i.e. accession report,
conservation record, photo documentation, etc.).
10. Administrative costs.
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Ineligible Costs
The city’s Art in Public Places Program will not fund the following:
1. Any fees paid to an artist’s agency, gallery or dealer; or any referral, commission or fee
paid to an art consultant; or any fee paid to other arts professionals not directly
involved in the engineering, fabrication or installation of the artwork.
2. Architectural or decorative elements designed by an artist, but not specifically
commissioned by the city for a Capital Improvement Project site; or existing art
elements which do not receive approval through the city’s regular public art acquisition
process.
3. Any costs incurred as a result of cost overruns incurred by the artist or contractor.
Administrative Costs
Up to 20 percent of the funds budgeted for a public art project may be used by the city for
administration or conservation and related expenses incurred in the process of commissioning
a public artwork. These expenses may include the following:
1. Information and publicity materials regarding public art projects.
2. Consultant or curatorial fees for services utilized by the city in the selection of an artist.
3. Developing, printing and distributing a request for proposal, request for qualification or
a call for artist’s project prospectus.
4. Travel expenses incurred by consultants and city staff deemed necessary to the project;
and for artists selected as finalists who are required to travel for public art advisory
committee meetings upon the city’s request.
5. Proposal development fees for artist upon being selected to design, exclusive of travel
and per diem; or maquette fees as approved by the Cultural Arts Office.
6. Technical assistance or advice to the cultural arts office staff as required to inspect,
develop or install an artwork. Also, costs incurred in relationship to any structural
integrity and safety compliance inspection or examination.
7. Rental of storage space as required which may be due to delay installing the work,
should the city fail to prepare the site at the agreed upon installation date.
8. Documentation and media services required in the accession of the artwork into the
public art collection, including plaques or labels.
9. Project dedication ceremonies and civic receptions related to public art projects.
10. Conservation costs: (See below for more details).
11. Community involvement and education related to public art.
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Conservation Costs
Part of the 20 percent administration costs for a public art project may be held in a trust fund to
conserve, maintain and repair artworks as needed by the city. The percentage amount will be
determined by the Cultural Arts Office, and may be used as follows:
1. Routine maintenance: Removal of dust, dirt, maintenance of protective surfaces;
tightening, adjusting or oiling; trimming of plant material (if part of the actual artwork),
general cleaning (usually paid by the Host City Department).
2. Cyclic maintenance: Repainting, sealing, disassembly for inspection, reapplying
protective surfaces, repatination (in specific cases).
3. Repair or restoration: Replacement of damaged or broken parts, manufacture of
defective components, replacement of substructures or mountings, resurfacing (in
extreme cases).
4. Removal and/or deaccession: The removal and destruction of an artwork upon the
determination for deaccession and disposal as described in the deaccession report.
5. Inspection: Any costs related to the inspection of a public artwork, including the fees or costs
incurred in hiring conservation professionals as consultants.
The conservation fund will not be used for the relocation of an artwork. The only exception will
be if the relocation is to protect the work. In most cases, the host city department should pay
for any relocation requested by that department. Funding for conservation costs and other
maintenance may also be funded by direct allocation by City Council for such activities.
SELECTON PROCEDURES
General Process
The following methods may be used to select public art:
1. Open Competition: The proposed commission and site are widely publicized. Proposals
are accepted from all qualified artists. A “Call to Artists” prospectus will be mailed to
artists registered with or requesting forms from the Cultural Arts Office. Depending on
the size of the commission, the competition may be local, regional or national. No
proposal development fee will be paid at the initial stages. A fee will be paid to finalists
only following their selection and upon approval by the Carlsbad Arts Commission.
2. Limited Competition: A small number of artists will be invited to participate in the
competition. Each artist will be paid a fee to develop a proposal to be presented to a
public art advisory committee for study and recommendation.
3. Collaboration: Based on reputation and experience, an artist is invited to develop a
proposal for the site or to work collaboratively with architects, engineers or landscape
architects to create artwork integral to a project.
4. Artist Registry: Periodically, the Cultural Arts Office may send out a call for artists or a
request for qualifications to develop an artist registry for future public art projects.
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Artists will be required to submit specific information to the Cultural Arts Office to be
included in the registry for consideration for future public art projects. From time-to-
time, selection committees may review the registry in selecting artists for art in public
places project. In addition, the registry can be made available to developers as a
resource. Applicants may also be considered for temporary exhibitions or special
community projects.
When the Cultural Arts Office opens the registry for submissions, a public art advisory
committee will be convened to act as a selection panel. The artist’s registry offers the
opportunity to consider all interested artists.
Public Art Advisory Committee
The public art advisory committee advises the Cultural Arts Office and Carlsbad Arts
Commission on matters pertaining to public art and acts as the selection committee for public
art projects. The members of a public art advisory committee will be selected on the basis of
each members’ specific expertise relating to public art or relationship to the project. Public art
advisory committees may be convened by the cultural arts manager on a project specific basis
or to serve on multiple public art projects. The committees meet (as necessary) to complete the
artist selection or proposal review.
Voting members: All voting members shall meet the criteria established in at least one of the
following four categories:
1. Artists or arts professionals who are:
a. Knowledgeable about contemporary art of related fields.
b. Respected within their field.
c. Capable of communicating effectively in a jury process.
d. Willing to be available for multiple or follow-up meetings if necessary
(No geographical restrictions on artists or arts professionals selected).
2. Carlsbad Arts Commission members who are assigned to the public art committee and
who are:
a. Willing to represent the commission and the local community’s interest in a public
art project.
b. Willing to familiarize themselves with the public art process.
c. Capable of communicating effectively in a jury process.
d. Willing to be available for multiple or follow-up meetings if necessary.
3. Residents of Carlsbad who are:
a. Willing to represent the local community’s interest in a public art project.
b. Willing to familiarize themselves with the public art process.
c. Capable of communicating effectively in a jury process.
d. Willing to be available for multiple or follow-up meetings if necessary.
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4. City or other agency representative(s) who:
a. Represent the department or departments involved in the project to include public
art.
b. An expert in the design, planning or implementation of the specific project involved.
c. Willing to carry out the City Council’s mandate to implement an arts element.
d. Willing to be available for follow-up meetings and department consultations.
Non-voting members: The purpose of non-voting members is to offer advice and expertise to
the public art advisory committee.
The panel may include the following non-voting members:
a. Cultural Arts Office staff members.
b. City department or agency representatives.
c. Architects or engineers who may be involved on a Capital Improvement Project.
d. Neighborhood association representatives or residents at large who live in the
community.
e. State or federal agency representatives either providing funding or granting permits for
a public art project.
f. Experts of paid consultants who have specialized knowledge required for a specific
aspect of a project.
The public art advisory committee shall have the following responsibilities:
a. Recommend artist(s)/artwork for each project to the Carlsbad Arts Commission.
b. The cultural arts manager will facilitate the Carlsbad Arts Commission’s determination of
the public art advisory committee.
c. The Carlsbad Arts Commission shall appoint two to three members to serve on the
public art advisory committee. The public art advisory committee shall serve at the
discretion of the cultural arts manager and may be removed by the cultural arts
manager.
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Selection Guidelines
Selection guidelines are established for each project by the Cultural Arts Office staff, with input
from the Carlsbad Arts Commission. Each proposed project will be evaluated as to: artistic merit
and appropriateness in terms of scale, materials and context relative to the site.
Artists will be selected on the basis of their qualifications as demonstrated by past work,
appropriateness of the proposal to the particular project, and its probability of successful
completion. In selecting artists and works of art, the panel shall recommend those artists and
works of art of the highest aesthetic and artistic quality, and those which fulfill the goals of the
project and the Art in Public Places Program. In all cases, consideration will be given to content,
materials, construction, durability, maintenance, public access and safety; as well as site
selection guidelines on page 12.
The Carlsbad Arts Commission will review the selection forwarded by the public art advisory
committee and vote to accept or reject the recommendation. If the Carlsbad Arts Commission
approves the selection, the Cultural Arts Office will proceed with the project and initiate the
City Council approval process.
Appeal Process
The Carlsbad Arts Commission and the Cultural Arts Office have adopted a policy that provides
for a process of appeal by an organization or individual whose proposal was not approved. The
city manager makes final decisions in all matters in dealing with the denials of public art
proposals based on staff input and the Carlsbad Arts Commission recommendations. Arts
Commission meetings are public meetings held throughout the year, and provide opportunities
for citizen comments on program guidelines, general and specific Carlsbad Arts Commission and
Cultural Arts Office policies, objectives, budget requests, and other matters. During these
meetings, public comment from organizations, artists and members of the public is
encouraged. Contact the cultural arts manager for more information regarding an appeal of any
public art proposal submission.
INSURANCE AND RISK MANAGEMENT
1. All public artworks commissioned by the city will be submitted to the risk manager at
the planning and contract negotiation stages.
2. The risk manager will determine:
a. If liability insurance will be required.
b. The extent of coverage and limits of liability.
c. Any additional insurance or coverage required for fabrication and installation.
3. All artists working on a public art project are required to provide proof of automobile
liability coverage to the risk manager if driving within the City of Carlsbad.
4. Additional certificates of coverage may be required if requested.
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POLICY ON DONATED WORKS, GIFTS AND ACCESSIONS
Acquisitions Policy
Donated Works
Ordinance No. 1279, Chapter 2.18 of the Carlsbad Municipal Code states that the Arts
Commission shall have power to “review and make recommendations upon all works of art to
be acquired by the City, either by purchase, gift or otherwise and their proposed locations”.
The City of Carlsbad encourages donations of works of Art in Public Places Program. As the City
of Carlsbad grows, more and more people are interested in contributing to the cultural life of
the city through the donation of works of art. There are instances, however, where work may
be significant but not appropriate to accept: the work may be too costly for the city to install, or
no appropriate site can be found, or maintenance may be costly; for example. The city wishes
to encourage donations of works of art, but at the same time it must be sensitive to its fiduciary
and stewardship responsibilities as well.
When gifts or donations are proposed for the commissioning or placement of major works of
art or works of cultural or historic significance with any city department, the proposal shall be
reviewed by the cultural arts manager and forwarded to the Carlsbad Arts Commission for
review and consideration. This procedure shall also apply to works of art proposed for long-
term loan to the city long term loan is defined as any loan longer than one year.
Objectives of this policy are:
To provide uniform procedures for review and acceptance of gifts and long term loans
of works of art or works of cultural or historic significance to the City of Carlsbad.
To vest in a single city agency the responsibility for ensuring management and oversight
of the city’s public works of art.
To facilitate placement of works of art in city facilities or on city land.
To maintain high artistic standards in works of art displayed by the City of Carlsbad.
To provide for appropriate recognition of donors of works of art to the City of Carlsbad.
Procedures for potential donors are as follows:
1. The donor notifies the Cultural Arts Office in writing of his/her desire to donate an
artwork or works of cultural or historic significance to the city, providing as many details
as possible about the proposed gift.
2. Cultural Arts Office staff may consult with the donor on site selection and in
development of cost estimates for installation and maintenance. The donor may also be
asked to provide a professional appraisal of the artwork and disclose the value in
writing.
3. The cultural arts manager will convene a public art advisory committee to review the
proposed donation.
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4. The public art advisory committee shall develop a recommendation on the acceptability
of the gift of artwork based on the following criteria:
a. Its aesthetic quality.
b. The professional credentials of the artist.
c. Its suitability for public display in terms of: vulnerability to vandalism; safety; costs
of site preparation, installation and insurance; and technical feasibility.
d. The most appropriate site for its installation and the ability of the recipient city
department to maintain the site and the artwork.
5. The recommendation of the public art advisory committee is then brought forward to
the Carlsbad Arts Commission for consideration.
6. If the Carlsbad Arts Commission rejects the donation offer, it is returned to the donor.
If the Carlsbad Arts Commission decides to move forward on the donation proposal, they can
proceed in two ways:
1. The Carlsbad Arts Commission can make a recommendation to City Council to accept
the artwork donation.
2. The Carlsbad Arts Commission can seek public input. Information about the work
(model, renderings, artist information) is put on public display for review and comments
from the public. Comments are then brought back to the Carlsbad Arts Commission who
considers the matter for a second time and in turn, rejects the donation proposal or
makes a recommendation to City Council to accept the artwork.
3. The City Council accepts the gift.
4. The city will only accept gifts without restrictions and waiver of all rights.
Upon acceptance of the art donation/gift, the Cultural Arts Office will complete an accession
report along with a conservation record and an accession report. Once the gift and donations
are accepted by City Council, the artwork becomes a part of the city’s public art collection.
Temporary Public Art for Exhibition:
All of the above policies apply to donated artworks with the following exceptions:
1. An appraisal may or may not be required for temporary artwork.
2. The Carlsbad Arts Commission will make the determination if a temporary artwork loan
is appropriate.
3. City Council approval will not be required for temporary art, except in cases involving
public safety or other issues identified by the Cultural Arts Manager or the Commission.
4. Temporary public art and other visual art programs initiated or sponsored by the
Cultural Arts Office do not require Carlsbad Arts Commission or City Council approval.
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Donated Funds for Public Art
From time to time, individuals, civic business or corporate groups may wish to donate funds for
the acquisition and placement of public art within the city or for maintenance of public
artworks. The Carlsbad Arts Commission and the city wish to encourage donations of artwork or
funds to acquire and maintain artworks.
All donated funds will be deposited in a special revenue account dedicated for the purpose of
supporting public art upon acceptance by the City Council. All funds will be accepted without
restriction or stipulations.
All funds will be spent in accordance with the provisions of the acquisitions policy, with the
exception of sections addressing appraisal and review for acceptability of the gift.
Artworks acquired with the donated funds will be selected according to the selection
procedures outlined in this document (see page 15).
Panel Review Process for Gifts and Donations
A public art advisory committee will review the artwork and develop a recommendation for the
Carlsbad Arts Commission on the acceptability of the gift or donation. The donation will be
processed according to the procedures outlined in the Art in Public Places Program.
Upon acceptance of the art donation/gift, the Cultural Arts Office will complete an accession
report along with a conservation record. Once the gift and donations are accepted by City
Council, the artwork becomes part of the city’s Art in Public Art Collection.
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COLLECTION MANAGEMENT
Collection Management Goals
One of Carlsbad’s Art in Public Places Program goals is to administer, maintain and conserve the
public art collection. The premises for this goal are as follows:
1. Public art held in the civic collection are held as a public trust. The Host City Department
has a legal obligation to protect artworks as both public assets and as objects of cultural
significance.
2. Public art which is well cared for demonstrates a commitment to the cultural vitality of
the city, and is a symbol of a community’s civic pride.
3. The care and maintenance of a public artwork preserves the original intention of both
the artist and the civic leaders who sponsored the artwork.
4. It is less expensive to maintain an artwork on a routine basis that it is to restore a
damaged or neglected artwork.
5. A well-maintained artwork is a fixed public asset which retains its value and may
appreciate in value over time.
All artworks acquired by commission, purchase, gift, or other means will be a fixed asset of the
Host City Department and the city, and all artworks within the public art collection will fall
under the administrative authority of the Cultural Arts Office. To ensure that the city and the
public are offered a full accounting of public funds and assets regarding the public art
collection, the Cultural Arts Office will maintain a complete registry of works within the
collection.
Responsibilities:
Cultural Arts Office:
The Cultural Arts Office will provide for the inspection of and will report on each work of art in
the public art collection on an ongoing basis, including the following information;
a. Present location of the artwork.
b. Present condition of the artwork.
c. Recommendations in regard to necessary maintenance or repairs of the artwork.
d. This regular inspection may be carried out by Cultural Arts Office staff, or may be
contracted to a qualified individual or an approved conservation service.
Host City Department:
a. Routine maintenance will be the responsibility of the Host City Department in
consultation with the Cultural Arts Office. All repairs must be consistent with the routine
maintenance schedule as completed by the artist and the Cultural Arts Office.
b. In the case of extraordinary maintenance or repairs to the artwork, the Host City
Department and the Cultural Arts Office may negotiate the manner and funding for the
repairs.
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c. The Host City Department will not affect any extraordinary maintenance or repair to an
artwork without the consent of the Cultural Arts Office.
d. The Host City Department will not move an artwork from the site for which it was
selected or remove it from display without prior approval of the Cultural Arts Office and
the Carlsbad Arts Commission.
Deaccessioning Policy
Deaccessioning is defined here as the process by which the Cultural Arts Office and the Carlsbad
Arts Commission recommends, acting in accordance with the policies and procedures City
Council has adopted, approval to oversee the disposal of a work of art from the City of
Carlsbad’s public art collection through sale, trade or other public means. Periodically, the city’s
public art collection shall be evaluated by the Cultural Arts Office in order to determine what
works, if any, will be deaccessioned.
It is recognized that the deaccessioning of artworks is a very delicate matter, and must be
handled with the greatest diplomacy. Any apprehension on the part of donors and/or artists
that their works might be disposed of to pay operating expenses or to satisfy the trading desires
of the city could easily discourage and alienate potential donors and/or artists.
Moreover, if not properly conducted, deaccessioning can cause irreparable harm to the city’s
public art collection and, in certain cases, lead to legal action against the city. The Cultural Arts
Office has a fiduciary obligation to maintain the public art collection for the benefit of Carlsbad
residents.
The policies outlined below shall be subject to periodic review. From time to time, as necessary,
the Carlsbad Arts Commission may recommend incorporation into this policy such additional
guidelines as it deems essential.
Policies
1. No work of art may be deaccessioned until all policies set forth below have been
observed.
2. Criteria for selecting works for deaccessioning:
The City of Carlsbad may choose to deaccession works only if, in the opinion of the
cultural arts manager, they meet at least one of the following criteria:
a. If the city cannot properly care for or store the works.
b. If the works have little or no aesthetic and/or historical/cultural value.
c. If the works represent in large quantity a single artist of minor stature. In such a
case, staff may recommend it both sufficient and desirable to retain only a
representative selection.
d. If the works are duplicates (e.g., prints, sculptures, multiples) of lesser quality of
works already in the collection.
e. If the work are copies or pastiches without significant historical, documentary or
aesthetic value.
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f. If the works are forgeries or fakes. The Cultural Arts Office staff is responsible for
ensuring that any forgery or fake it disposes of be identified as such when it leaves
the city’s public art collection.
g. Works whose condition requires restoration in gross excess of their aesthetic value
or works is such a deteriorated stat that restoration would prove either unfeasible
or misleading.
3. Application of monies raised from deaccession.
Monies raised from the sale of deaccessioned works shall be placed in a special
revenue fund to be used only for acquisitions of new works or restoration for
works in the city’s public art collection.
4. Deaccessioning through trade.
In some cases, the Carlsbad Arts Commission may recommend to trade a
deaccessioned work for another by the same artist.
5. All deaccessioned works are disposed of through public negotiations whether by sale,
trade, or other means; unless that artwork is determined to be destroyed and beyond
repair. In the first instance, the original artist will be offered the deaccessioned work, to
be removed at the artist’s expense.
6. Acknowledgements.
In acquiring an object through trade or through monies raised from the sale of
deaccessioned objects, the Cultural Arts Office acknowledges in the credit of the
acquired object the donor(s) of the original object or objects.
7. No work of art may be deaccessioned from the city’s public art collection before five
years have elapsed; unless that artwork is deemed to be destroyed and not repairable.
8. In keeping with the California Resale Royalties Act, if a deaccessioned work of art is sold,
5 percent of the sale price of any work valued over $1,000 will be given to the artist who
created the work, provided that the artist can be located by reasonable means. If the
artist cannot be found, the Resale Royalty shall revert to a City of Carlsbad special
revenue account dedicated for the purpose of supporting public art.
9. A recommendation for deaccessioning will be developed by the cultural arts manager
and presented to the Arts Commission for review and approval. The Carlsbad Arts
Commission will make a recommendation to City Council for deaccession. City Council
ultimately makes the final determination.
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Request for Removal or Relocation of Public Art
Procedures
A person wishing to remove or relocate a work in the City of Carlsbad’s public art collection
from its current display location must first complete a “Request for Removal or Relocation of
Public Art” form (hereinafter, “request”) sign his/her name, and mail or email the completed
form to the Cultural Arts Office.
The request will be reviewed by the cultural arts manager. The cultural arts manager shall
review the request and all available and relevant file material associated with the original
development of the project. The cultural arts manager will forward a recommendation to the
Carlsbad Arts Commission.
The Carlsbad Arts Commission will then review the “request”, associated file materials and the
cultural arts manager’s recommendation and vote on a recommendation. If the Carlsbad Arts
Commission disagrees with the complainant and votes not to recommend removal or relocation
of the artwork, the matter ends. If the Carlsbad Arts Commission agrees with the complainant
and votes to recommend removal or relocation of the artwork, the recommendation will be
forwarded to City Council for final decision.
The complainant shall be notified of the Carlsbad Arts Commission’s decision within 120 days of
submitting the request.
Deaccessioning Report
The Cultural Arts Office will determine to deaccession a work of art when necessary due to
deterioration, loss or transfer by gift, sale or exchange.
Deaccessioning an artwork will be recorded. A brief report should accompany these records
stating who authorized the deaccession of the work, when the work was removed and how the
work was disposed of.
CALL for ARTISTS
L I M I T E D
Permanent Public Art:
Request for Qualifications,
Artist Selection, Conceptual
Design and Fabrication
Chestnut Underpass
Capital Improvement Program, Project No. 6098
Date Issued
Due
Contact
Tuesday, Aug. 29, 2023
Tuesday, Oct. 10, 2023 by 4 p.m.
Tonya Rodzach
Public Art Coordinator
Library & Cultural Arts
City of Carlsbad
1775 Dove Lane
Carlsbad, CA 92011
442-339-2090
arts@carlsbadca.gov
Table of Contents
LIMITED Call for Artists to Provide Services ……………………………………………………………………….. 2
Project Description ……………………………………………………………………………………………………………. 2
Background ……………………………………………………………………………………………………………………….. 3
About the City of Carlsbad …………………………………………………………………………………………………. 3
Arts and Culture in Carlsbad ………………………………………………………………………………………………. 4
What to Expect with this Project ………………………………………………………………………………………… 5
About Transportation Art …………………………………………………………………………………………………… 6
Submittal Requirements, Eligibility and Selection Criteria ………………………………………………….. 8
Budget ………………………………………………………………………………………………………………………………… 10
Project Schedule ………………………………………………………………………………………………………………… 11
Exhibit A, Transportation Art Site Map ………………………………………………………………………………. 12
Exhibit B, City of Carlsbad, Professional Services Design Agreement ………………………………….. 21
Exhibit C, City of Carlsbad, Public Works Fabrication Contract ……………………………………………. 30
Exhibit D, California Department of Transportation
Copyright License and Waiver of Moral Rights in Artwork ………………………………………………….. 77
Cover Image Credit:
Artist: Kim Emerson
Title: Historical Flowers of Carlsbad
Medium: Concrete and mosaic
Year installed: 2005
Location: Pine Avenue Community Park, 3333 Harding Street, Carlsbad, CA 92008
LIMITED Call for Artists, Qualifications
Permanent Transportation Art: Artist Selection, Conceptual Design and Fabrication
Chestnut Underpass
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 2
LIMITED Call for Artists to Provide Services
The City of Carlsbad's Library & Cultural Arts Department seeks to qualify an artist or artist team to enter into
an agreement with the city to develop a city-funded site-integrated artwork for the Chestnut Avenue
Community Enhancement Project (Capital Improvement Program, Project No. 6098) located in Carlsbad,
California. Opportunities to include sculptural work of art that may be wall-mounted to the curved entry way
to the underpass or free-standing. The public art would become an interplay of functionality of the newly
reimagined underpass, honoring our past and roots in this area of the underpass and fostering our
innovative future of these neighborhoods serving as a connector to the two neighborhoods. This homage to
the history in the area would then bring a new aesthetic to Carlsbad, celebrating its past and inspiring a
greater awareness while prompting dialogue of that component.
Project Description, Chestnut Underpass
Overview
As part of the California Department of Transportation, Caltrans, North Coast Corridor Program, the
Interstate 5 undercrossing at Chestnut Avenue has been identified as a community enhancement project.
The Chestnut Avenue freeway undercrossing will be widened to accommodate bike lanes, wider sidewalks,
and accessible crosswalks. Street widening will require new retaining walls and slope paving under the
freeway. The retaining walls will curve back into the slope and join existing retaining walls at Pio Pico Drive.
The new wall surface, cable railing above the wall, and the roadside area beyond the accessible path of travel
provide an opportunity for Transportation Art. The City of Carlsbad seeks to enhance the Chestnut
Undercrossing with Transportation Art through an encroachment permit.
Chestnut Avenue is located west of the I-5 freeway within the Barrio neighborhood in the historic heart of
Carlsbad, representing Carlsbad’s past, character, and culture. The undercrossing links the neighborhoods
around Holiday Park on the east side of the freeway and Pine Avenue Park west of the freeway in the city’s
Barrio community. Chestnut Avenue ends west of the freeway at the railroad tracks, but the city’s long-term
plans call for a pedestrian overpass across the tracks to link with the beach area. In addition to the Chestnut
community enhancement project, the city’s Village and Barrio Master Plan also sets forth a vision to honor
the very best of these two neighborhoods while adapting to changing community, environmental and
economic needs.
Purpose and Need
The project will improve pedestrian and bicycle forms of mobility and safety by constructing wider sidewalks,
accessible crosswalks, and new bike lanes on both sides of Chestnut Avenue under the I-5 freeway. The
proposed enhancements will widen existing sidewalks from 5 feet to 10 feet and add bike lanes on each side
of the roadway. There are no bike lanes at this undercrossing now. The existing 8-foot-wide on-street parking
area will be maintained, and a 3-foot striped buffer is proposed to separate the bike lane and parking. This
will also provide more protected routes under the freeway for pedestrians and bicyclists along with better
connections to the surrounding bike lanes.
LIMITED Call for Artists, Qualifications
Permanent Transportation Art: Artist Selection, Conceptual Design and Fabrication
Chestnut Underpass
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 3
The project will also construct new retaining walls to allow road widening to accommodate enhanced bike
and pedestrian facilitates. The retaining wall will provide opportunities to add public art to improve the area
aesthetics. Other improvements may include enhanced landscaping facing Holiday Park, shielded LED street
lighting fixtures and new bridge soffit lighting.
This will be the first Transportation Art project for the City of Carlsbad. Art serves as a connector, bringing us
together, sparking lively conversations and cultivating joy. This specific site art element will celebrate
bridging these connections within these two neighborhoods.
Background
About Build North Coast Corridor (Build NCC)
Highway, rail, environmental, and coastal access improvement projects are underway in the cities of Solana
Beach, Encinitas, and Carlsbad as part of Build NCC, the first package of projects being constructed through
the 40-year North Coast Corridor Program.
Build NCC includes rail double tracking, extended Carpool/High Occupancy Vehicle Lanes, new bike and
pedestrian trails, and the restoration of the San Elijo Lagoon. These highway, rail and lagoon improvements
are being constructed simultaneously to minimize impacts to the lagoon and neighboring communities.
On Oct. 15, 2019, Carlsbad City Council adopted a resolution selecting the Chestnut Avenue as the preferred
undercrossing location for the street improvements by the I-5 NCC Phase 1, Stage 4 project. Proposed
community enhancements include the widening at Chestnut Avenue under the I-5 Freeway. The widening
would accommodate new 5 feet bike lanes and 10 foot wide sidewalks on both sides of the local streets. The
local street improvements will provide an important public access benefit, allowing bicyclists and pedestrians
to more easily and more safely cross under the I-5 freeway.
The street widening requires new undercrossing retaining walls with aesthetic treatment to integrate the
design with the community. The walls will be constructed of concrete. The preliminary aesthetic treatment
shows tan colored concrete with a random groove surface texture. The walls have a curved top of wall profile
that varies in height from 7 feet to 9.5 feet from the top of sidewalk. Cable railing on top of the retaining wall
is stained a dark brown. Bridge slope paving is mortared rock cobble and concrete ditches are a Mesa Buff
color. The City of Carlsbad has selected the Chestnut Avenue Undercrossing as a site for Transportation Art.
The Village and Barrio Master Plan also establishes the vision for the ideal future character and
development of the two areas and sets forth the strategy or “roadmap” for achieving that vision. This plan
has been developed in consultation with the Carlsbad community through an iterative process that began in
2013.
About the City of Carlsbad
Now a city of roughly 115,000, the city is still known as a “village by the sea” and prides itself on its small,
coastal town feel. No longer reliant on agriculture as a sole economic engine, the City of Carlsbad is a popular
tourist destination and home to a number of commercial and industrial enterprises. Its enviable location
between San Diego and Los Angeles, striking coastline, fertile soil and temperate climate all ensure the city's
attractiveness and growth into the 21st century.
LIMITED Call for Artists, Qualifications
Permanent Transportation Art: Artist Selection, Conceptual Design and Fabrication
Chestnut Underpass
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 4
Arts and Culture in Carlsbad
Arts and culture have long been an essential component of Carlsbad life. Founded in 1986, the city’s Cultural
Arts Office provides cultural services throughout the community and works with a host of partners to expand
arts programming and deepen arts appreciation. Two of its most popular programs have been TGIF Concerts
in the Parks, a free musical series offered each summer, and the William D. Cannon Art Gallery, presenting
works by local, regional and international artists. Today, the city recognizes the value of a strong arts and
culture community as an integral part of daily life, as well as the strong growth of the arts and creative
economies within the region.
In June 2018, City Council approved the Arts & Culture Master Plan that supports the City of Carlsbad’s
commitment to these following core values:
• High-quality programs
• Dedicated resources
• History of partnership
The guiding principles outlined in the Arts & Culture Master Plan elevates the role of the Cultural Arts Office
to expand from a provider of arts programming and funding into a broader set of new roles that allow the
city to realize this vision of the arts and culture in everyday life while stimulating an expanding creative
sector economy. This effort continues to build on its ability to bring residents together with the city as a
leader in bringing innovative ideas to the community, partnering with local groups to create capacity within
the creative sector and connecting across city departments and among city partners.
The City of Carlsbad supports quality arts and cultural programming that promotes the representation and
participation of diverse groups of individuals, including and not limited to people of differing abilities, class,
generations, ethnicities and races, gender identities, religious or spiritual beliefs, sexual orientations and
veteran status.
About the city’s Art in Public Places Program
The city’s public art program has a prominent and significant history. The city’s Art in Public Places Program
integrates art and the vision of artists into the development of public settings by collaborating with local,
regional and nationally-known artists to include the values and history of our community into their work.
The goals of the program are:
• To increase the understanding and appreciation of art in public places of Carlsbad
residents and visitors.
• To acquire and commission quality and diverse works of art for community enrichment
that is site specific and environmentally responsive.
• To encourage participation of diverse socioeconomic and ethnic groups in the art in
public places program and process.
• To support and involve artists in developing, collaborating and implementing Carlsbad's
public spaces and community development projects.
• To encourage collaboration between artists and architects, landscape architects and civil
engineers for public projects.
• To encourage an environment for artistic creativity in Carlsbad and promote Carlsbad as
a local, state and national leader in arts, culture and public art.
• To increase awareness of Carlsbad's art in public places activities as an integral
component for attracting business and tourism to Carlsbad.
LIMITED Call for Artists, Qualifications
Permanent Transportation Art: Artist Selection, Conceptual Design and Fabrication
Chestnut Underpass
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 5
Like the city’s Capital Improvement Program, public art is also created in the community’s best interest and
designed to create exciting new aesthetic experiences that will engage Carlsbad’s growing community, as
well as refresh its infrastructure.
For more information, visit the city’s public art program and the city’s permanent collection webpage.
About the city’s Public Art Process
Tied to the city’s Capital Improvement Program budget and plan, the city’s Art in Public Places Program is
administered by the city’s Cultural Arts Office, which follows a set of policies and procedures that guides the
entire process.
The public art process involves:
• Launching into conversations about the value and importance of public art with key stakeholders
• Organizing a Public Art Advisory Subcommittee representing all stakeholders
• Initiating an artist selection process
• Designing public forums for community dialogue and responding with specific designs
• Engaging in review and approval by the city’s Arts Commission and City Council
• Finalizing and installing new public art
• Maintaining the public art
What to Expect with this Project
A key component of Carlsbad’s Art in Public Places Program is an emphasis on public participation
throughout the artwork selection process, ensuring that the works of art are integrated into the physical and
social environment of the city and reflect the broad range and interests of the community. A focus on
community dialogue will be incorporated throughout the development of the Chestnut Underpass
Transportation Art component to allow for the community to provide input by sharing their viewpoints.
There will be multiple opportunities through a variety of communication outlets for the public to provide
feedback to city staff, the artist(s) and other project related entities. The ideas developed through
collaborative efforts will succeed in implementation. The city’s Art in Public Places Program is created in the
community’s interest and designed to create dynamic aesthetic experiences that engage Carlsbad’s
community, as well as instilling a sense of place that’s welcoming to this distinctive area. Ultimately, this
project deepens the city’s commitment to public art and the arts, in general, and broadens its value to the
quality of life.
The Final Selected Work of Art should:
• Be an original, site-specific treatment to public space that creates a sense of place in the proposed
outdoor location, and attracts and welcomes visitors to the neighborhood
• Be engaging and aesthetically pleasing to individuals of all ages, backgrounds and native languages
• Be fabricated from durable, low maintenance material that can withstand the outdoor elements and
requires minimal maintenance
• Incorporate input from Carlsbad community, with a sensitivity to the environment, history,
traditions, and iconography that uplift the prideful aspects of this community
LIMITED Call for Artists, Qualifications
Permanent Transportation Art: Artist Selection, Conceptual Design and Fabrication
Chestnut Underpass
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 6
• Embrace the community values identified through the Envision Carlsbad public outreach process:
o Reflect the neighborhood, support community character and quality of life
o Protect open space and the natural environment
o Celebrate our history, the arts and culture
o Strive for sustainability
o Promote high quality education and community services
o Improve access to recreation and active, healthy lifestyles
o Promote local economy, business diversity and tourism
o Encourage neighborhood revitalization and livability
o Enhance walking, biking, public transportation and connectivity
Prospective Site
See the attached Exhibit A.
About Transportation Art
The city is working closely with Caltrans to ensure all of the necessary requirements of this project are
fulfilled. Transportation Art includes sculptural artwork, either freestanding or placed upon a required
engineered transportation feature (such as a noise barrier, retaining wall, slope paving, bridge, bridge
abutment or bridge rail) that expresses unique attributes of a community’s history, resources or character.
Ultimately, Transportation Art is proposed, provided, installed, maintained, removed or restored by the city’s
Cultural Arts Office.
As part of the Chestnut Avenue Transportation Art process, the city’s Cultural Arts Office will need to
complete a Transportation Art application for Caltrans review and approval of the design concept after the
design concept has been accepted by the city’s Arts Commission and City Council. Upon approval of the
Transportation Art application, the city is required to submit for an encroachment permit to install the art.
The city will maintain the art through a freeway maintenance agreement with Caltrans.
Visit the CalTran’s website for more details.
Transportation Art must not:
• Display text
• Simulate color combinations of colors usually reserved for official traffic control devices described in
the Manual on Uniform Traffic Control Devices
• Create a distraction to transportation system users
• Include distracting illumination
• Include reflective or glaring surface finishes
• Imitate, obscure or interfere with traffic control devices
• Interfere with airspace above the roadway
• Be placed within State highway right-of-way upon trees, rocks or other natural features
• Adversely affect existing structures, drainage patterns or stormwater runoff quality, landscaping or
natural vegetation
• Include reflective or glaring surface finishes
• Include moving elements (kinetic art) or simulate movement
• Restrict sight distance
• Must maintain clearance areas for Americans with Disabilities Act compliance
• Display symbols or icons such as flags, logos, or commercial symbols, except as allowed in Sub-article
"Sponsor Recognition" of the Project Development Procedures Manual, Chapter 29, Section 9
LIMITED Call for Artists, Qualifications
Permanent Transportation Art: Artist Selection, Conceptual Design and Fabrication
Chestnut Underpass
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 7
Transportation Art must:
• Include graphics or sculptural artwork that expresses unique attributes of an area’s history, resources
or character
• Be a freestanding structure or integrated with an engineered transportation feature
• Be appropriate to its proposed setting and be in proper scale with its surroundings
• Be located where maintenance can be safely performed as specified in the encroachment permit, the
maintenance agreement, and in conformance with Caltrans’ procedures
• Be composed of materials that are durable for the projected lifespan
• Be fully funded for design, installation, maintenance, restoration and removal by others for its
projected lifespan
• Conform to provisions of the California Outdoor Advertising Act
• Be designed to minimize ongoing maintenance needs. Approved Caltrans protective graffiti coatings
may be required if appropriate
• Be consistent with Headquarters Division of Maintenance-Structure Maintenance and Investigations
inspection requirements, including the following:
o Paint used on structures should not fill or obscure cracks. Latex or other flexible type paints
may be used on concrete structures only with written permission from the Headquarters
Division of Maintenance-Structure Maintenance and Investigations
o Painting of steel structures will only be permitted with written permission from the
Headquarters Division of Maintenance-Structure Maintenance and Investigations
o Painted art should avoid load-carrying, stress-bearing structural members including, but not
limited to bridge girders, soffits, columns and piers
o Artwork must not hinder inspection of bridges, retaining walls, and other structures
o Method and attachment of artwork to retaining walls must be approved by Caltrans
o Chipping, blasting or modifying existing concrete surfaces is prohibited, unless required by
Division of Maintenance-Structure Maintenance and Investigations
o Artwork footings must be approved by Caltrans
LIMITED Call for Artists, Qualifications
Permanent Transportation Art: Artist Selection, Conceptual Design and Fabrication
Chestnut Underpass
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 8
Submittal Requirements, Eligibility and Selection Process
The LIMITED Call for Artists is established professional artists residing and eligible to work in the United
States and those who have been identified to submit application materials.
Artists or artists teams will be rated on a total of 100 points, and will be required to submit the following
information:
Work Experience, Artist Vitae and Statement of Interest.
Description of the artist or artist team’s interest in the project, artist’s statement to include the
approach and style of work and relevant experience or background that qualifies you for this project.
[Rating criteria weight: 30 points]
Artist Portfolio.
A minimum of six (6) and up to ten (10) samples of past work, including an annotated image list
stating the title of the piece, commissioning body, project budget, date, medium and dimensions.
[Rating criteria weight: 35 points]
Work Experience and Working within the Public Sector.
List public and/or transportation art projects conducted in the public sector; documentation of two
or more public art commissions over $125,000 per project. List materials costs, rates and other costs
per referenced project. Provide brief (no more than 200 words) narrative on public engagement
process involved with each project. Artist or artist teams should have extensive public outreach
experience. Include contact information: name, organization, title, their role in the project scope,
address, phone, email with the list of references.
[Rating criteria weight: 30 points]
Estimated Project Schedule and Value-Added Offerings.
Estimated schedule for completion of work for the proposed project and value-added offerings
describe how the artist or artist team will provide the best value to the City of Carlsbad. Value-added
offerings could include rates, specialized expertise, project management approach to increase
efficiency, familiarity with the City of Carlsbad or other ways you will ensure maximum value for
dollars spent.
[Rating criteria weight: 5 points]
City staff will compile a short-list of qualified artists or artist teams invite them to participate in submitting to
this Limited Call for Artists. These identified artists or artist teams will be asked to submitted materials to be
reviewed, considered and evaluated by the Public Art Advisory Subcommittee. Then the short-list of
identified artists will be narrowed down to include the highest ranked finalists, and those artists or artists
teams are invited to participate in in-person interviews at the next scheduled Public Art Advisory
Subcommittee meeting. At that time, artists and artist teams will need to describe their past experiences and
qualifications on how it relates to the current Limited Call for Artists. All Public Art Advisory Subcommittee
meetings are publicly noticed. The city will offer a standard and reasonable payment to all participating
artists and artists teams for their in-person interviews. The Limited Call for Artists process does not involve
that the artist or artist team prepare any specific ideas based or proposed design concepts on the limited
information included in the Limited Call for Artists. Once an artist or artist team is selected, then they will
enter into a design agreement and it’s at that time the site-specific artistic proposals for the project are
developed after learning more about the project through site visits and interactions with city staff, the
project and design team and through conversations and input by community stakeholders.
LIMITED Call for Artists, Qualifications
Permanent Transportation Art: Artist Selection, Conceptual Design and Fabrication
Chestnut Underpass
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 9
The selection process will take place in multiple steps:
• City staff will work with the project and design team on identifying a short-list of qualified artists to
begin the submission application process. Once application materials have been submitted, then the
first Public Art Advisory Subcommittee meeting will commence.
• The Public Art Advisory Subcommittee will review, consider and evaluate the artist and artist team
application submission materials. The highest ranked artist or artist team will be invited back to
engage in an in-person interview through the second scheduled Public Art Advisory Subcommittee
meeting.
• The short-listed candidates will be selected to give presentations and prepared to be interviewed by
the Public Art Advisory Subcommittee in an in-person, public noticed meeting, comprised of city Arts
Commissioners, arts professionals, community members and city staff.
• From these presentations, the Public Art Advisory Subcommittee will make recommendations on
which artist will be invited to enter into a design agreement, then develop a site-specific proposal for
artwork.
The selected artist or artist team will enter into an agreement (Exhibit B) for the design portion with City of
Carlsbad. The artist’s design proposal must then go out to receive extensive public input, and then be
reviewed and approved by various city Boards and Commissions, specifically the Carlsbad Arts Commission
and Carlsbad City Council. Once reviewed and approved, then the artist will enter into another contract
(Exhibit C) before any project and fabrication can commence.
Additional Considerations
The artist and artist teams will be selected on the basis of the following criteria:
• Quality of concept, design and craftsmanship of past works
• Visual, technical sophistication
• Creativity of approach of past work
• Ability to produce durable outdoor art
• Ability to produce a strong reference list of project managers of past works
• Ability the balance of access to, and support of, individual communities’ artistic and cultural
expressions by being inclusive of community
• Demonstrated situational awareness with sensitivity and awareness to community character, input
and concerns
• Ability to communicate effectively
• Demonstrated ability to complete projects on time and within budget
• Ability to work in a public environment with multiple project members on a condensed and
aggressive time frame
• Portfolio review
Application submissions will be ranked based on a weighted scoring system.
Criteria Weight
Artist or artist team experience, qualifications, statement of interest 30 points
Artist portfolio featuring past public art projects 35 points
Examples working within public sector with extensive public outreach and references.
Documentation of two or more public art commissions over $125,000 per project, materials
costs, rates and other costs
30 points
Estimated project schedule and value-added offerings 5 points
LIMITED Call for Artists, Qualifications
Permanent Transportation Art: Artist Selection, Conceptual Design and Fabrication
Chestnut Underpass
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 10
Conflict of Interest
No person performing services for the city, in connection with the establishment of any agreements or any
projects resulting from this solicitation, shall have a financial or other personal interest other than
employment or retention by the city in any contract or subcontract in connection with this solicitation or any
resulting project. No officer or employee of such person retained by the city shall have any financial or other
personal interest in the resulting project, unless such interest is openly disclosed upon the public records of
the city and such officer, employee or person has not participated in the acquisition of such property for or
on behalf of the city.
Budget
The total budget for the Transportation Art project is not to exceed $250,000.
The selected artist will receive a design contract (Exhibit B) for $40,000 to develop site-integrated artwork
and begin community engagement. If the design proposal is accepted, the artist will receive a subsequent
contract (Exhibit C) of up to $160,000 to fabricate and install the artwork. Additionally, $50,000 will be
withheld for administrative, conservation and other related project costs. Artists and artist teams should
know that any proposal by a selected artist must undergo an extensive approval process which may include
revision or modification through the city's Art in Public Places Program and required city contracts. Please
consider that this approval process and contractual process and obligations when submitting qualifications.
The process, fees and services are subject to negotiation based on proposed deliverables and must meet the
city’s standards for public stewardship and must adhere to all city Public Works processes. Lastly, as a
Transportation Art project, there’s also certain criteria to be met and approved by Caltrans, throughout this
project.
Project Schedule
The city has begun working with Caltrans on the design of the Chestnut Avenue Undercrossing
Improvements. Construction is expected to be complete by March – July, 2025. The artist or artist team will
work with city staff to develop the artwork within the schedule of the street widening construction. The city
will coordinate the proper permits and applications with Caltrans for the artist to install the artwork after the
street widening construction is complete, and once the Caltrans Encroachment Permit has been executed.
The Limited Call for Artists is open to identified professional artists or artist team residing in the United
States. The total Transportation Art project budget is not to exceed $250,000, all inclusive of travel expenses,
taxes, materials, installation services, all other related project costs, as well as crafting a maintenance plan.
The artist or artist team is responsible for the maintenance for one year upon completion of artwork. Artist
or artist team will be available to participate in any unveiling or opening event activities. Opportunities may
exist for artist or artist team to collaborate with city staff on community arts education events.
The submittal deadline is Tuesday, Oct. 10, 2023 by 4 p.m.
LIMITED Call for Artists, Qualifications
Permanent Transportation Art: Artist Selection, Conceptual Design and Fabrication
Chestnut Underpass
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 11
The agreement will be established for a period of two years. The city reserves the right to extend the contract
for two (2) additional two-year periods, or parts thereof if authorized by the City Manager/Executive Manager.
Award of a Professional Services Agreement for design and a Public Works Contract for the fabrication
portion does not guarantee the selected firm will perform all or any portion of the services described in this
Limited Call for Artists, nor does it guarantee that the maximum amount will be expended. Please review
Exhibits B and C of this Limited Call for Artists, Professional Services Agreement and Public Works Contract.
The selected artists will enter into an agreement with City of Carlsbad. The sample city agreements are
attached for reference and the artist should be aware of the requirements prior to submitting a response to
this Limited Call for Artists.
The city’s contract process is dictated by many levels of review and may take several months to complete.
This agreement will not be subject to negotiations; therefore, if the artist is not able to comply with the
terms of these agreement, please do not submit a response to this Limited Call for Artists. In addition to the
city agreements, the artist should be familiar with Caltrans regulations and processes related to
Transportation Art projects.
Submittal Requirements
Submittal Call for Artists shall be 8.5 x 11 inch, 11-point font or larger, 1.15 space between lines, and
maximum ten (10) double-sided pages total in length. Six (6) to ten (10) images may be placed onto the
document. Document to be bundled into a .pdf form for final submission.
Email submission materials to: arts@carlsbadca.gov
Subject line: Chestnut Underpass, Limited Call for Artists Submission, Your Name
Deadline for submissions: Tuesday, Oct. 10, 2023 by 4 p.m.
Notification of Results
Artist or artist team will be notified of the city staff and the Public Art Advisory Subcommittee’s decision by
email. The City of Carlsbad reserves the right not to select any of the submissions.
We’re here to help:
City of Carlsbad, Cultural Arts Office
Tonya Rodzach, Public Art Coordinator
arts@carlsbadca.gov
442-339-2090
LIMITED Call for Artists, Qualifications
Permanent Transportation Art: Artist Selection, Conceptual Design and Fabrication
Chestnut Underpass
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 12
Exhibit A – Transportation Art Site Map
View from Pio Pico Drive
**Final design subject to change.
Key
- Transportation art site
- The retaining wall exterior surface, cable railing, and the space between the back
of the sidewalk and the wall is available for Transportation Art, subject to the
artist interpretation and approval by Caltrans
LIMITED Call for Artists, Qualifications
Permanent Transportation Art: Artist Selection, Conceptual Design and Fabrication
Chestnut Underpass
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 13
Conceptual Site Plan (North Side)
**Final design subject to change.
Edge of
Bridge Deck
Existing
Abutment
Top of 1~5 OVerCrossing
Art Area
100' 150' 200' PROFILE VIEW RETAINING WALL "90" (North Side)
Existing Retaining Wall
PLAN VIEW
CHESTNUT AVENUE STREET IMPROVEMENTS -RETAINING WALL CONCEPTS (NORTH SIDE)
LIMITED Call for Artists, Qualifications
Permanent Transportation Art: Artist Selection, Conceptual Design and Fabrication
Chestnut Underpass
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 14
Conceptual Site Plan (South Side)
**Final design subject to change.
Existing Top of 1-5 OverCrossing
Abutment
To ofWall Art J\rea
150' 200'
PROFILE VIEW RETAINING WALL "80" (South Side)
CHESTNUT AVENUE STREET IMPROVEMENTS · RETAINING WALL CONCEPTS (SOUTH SIDE)
LIMITED Call for Artists, Qualifications
Permanent Transportation Art: Artist Selection, Conceptual Design and Fabrication
Chestnut Underpass
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 15
Other factors to take into consideration:
• Assume retaining wall structural design is sufficient to support Transportation Art
o Below grade footing is an option as well
o Footings, connections and attachments to wall must be approved by Caltrans
• Area for Art (Freestanding) ground space is open for design and inclusion of artwork
• Area for Art (Freestanding) will have planned conduit and power
o Transportation Art lighting including uplighting to be designed by artist and included
with the Transportation Art
• Transportation Art must maintain vertical and horizontal clearance areas for Americans with
Disabilities Act compliance
• Cured concrete sidewalks are open for surface color changes. Sidewalk color changes must not create
a slippery surface. Curbs and curb ramps are not open for inclusion of artwork
,DETAIL 'A' WALL 90
FR~f BACK °' ~ S[DEWALK SIDEWALK T,◄3' 1 l, T'
CHESTNUT AVE
.... FOR f:"REESTANDING '"
SECTION A-A
FACE BACK
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w•LL 5_V,DEWAU , , ., , SiotIALK
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FACE °' NEW .... ,
PROPOSED FREESTANDING
AT CHESTNUT AVE BRIDGE
;
DETAIL 'B' WALL 80
ART LOCATIONS
UNDER CROSSING JULY 202J
LIMITED Call for Artists, Qualifications
Permanent Transportation Art: Artist Selection, Conceptual Design and Fabrication
Chestnut Underpass
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 16
DETAI L 'A' WALL 90
ELEVATION RETAINING WALL 90
NOTES:
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2. S-toln OIi vlalble go1on1nlHd ...,,.1,oee of coble l"'OIHng dOl'tl. ~ •iil'I Ncrtlno Steel.
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Jr,(I $CALE
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AT
RETAINING
CHESTNUT AVE BRIDGE UNDERCROSSING JULY 2023
LIMITED Call for Artists, Qualifications
Permanent Transportation Art: Artist Selection, Conceptual Design and Fabrication
Chestnut Underpass
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 17
Current View of Chestnut Underpass (Prior to construction)
Google Map Views
Entering from Harding Street headed east (Prior to construction)
LIMITED Call for Artists, Qualifications
Permanent Transportation Art: Artist Selection, Conceptual Design and Fabrication
Chestnut Underpass
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 18
Continuing to head east from Harding Street (Prior to construction)
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LIMITED Call for Artists, Qualifications
Permanent Transportation Art: Artist Selection, Conceptual Design and Fabrication
Chestnut Underpass
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 19
Entering into current underpass continuing to head east to Pio Pico (Prior to construction)
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~ C O i googk.COffl/~ptKe,'H~•Sh%26•Pnt•A~.~c-lsbad•CA•9Xl08,'0ll IS82557 117.3)96.U(ll.7';y61.Alh.8l.SV.:UU..,!Jm6!1•1ll1n4.lsu~OOWO~ll()uBdEE,BS.,, 2~7'1638'8o8192'4m513ffl.d.!1s0"90dc721723bd3Wt~f-3c. (i, (r • • ;
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~ Harding St & Pine Ave.
II p TypehN~toSHrdl
LIMITED Call for Artists, Qualifications
Permanent Transportation Art: Artist Selection, Conceptual Design and Fabrication
Chestnut Underpass
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 20
View looking west from Pio Pico Drive (Prior to construction)
Q Kl110..-..,_•~II X +
~ Harding St & Pine Ave
• P Type hfte toseMCh
LIMITED Call for Artists, Qualifications
Permanent Transportation Art: Artist Selection, Conceptual Design and Fabrication
Chestnut Underpass
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 21
Exhibit B – Professional Services Agreement
SAMPLE – DO NOT COMPLETE AT THIS TIME
AGREEMENT FOR (INSERT TYPE OF PROFESSIONAL SERVICES) SERVICES (NAME OF CONTRACTOR) THIS AGREEMENT is made and entered into as of the ______________ day of
_________________________, 20___, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and ______________________________, a _______________, ("Contractor"). RECITALS A. City requires the professional services of an experienced Artist to design and paint a Mural on _______________. B. Contractor has the necessary experience in providing professional services and advice related to ___________________________. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services")
that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of ________ from the date first above written. The City Manager may amend the Agreement to extend it for ____ additional ______ year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment
indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
LIMITED Call for Artists, Qualifications
Permanent Transportation Art: Artist Selection, Conceptual Design and Fabrication
Chestnut Underpass
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 22
5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be ____________ dollars ($_________). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed ________________________________________ dollars ($_________) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under
control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings
on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any
subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the
subcontract and approved in writing by City. 8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. Indemnification for Infringement. The Contractor also agrees to protect, defend, indemnify and hold the City harmless from any action, claim, suit or liability based on a claim that work performed under this Agreement by the Contractor or his/her agents constitutes an infringement of any patent, copyright, trademark, trade name or other proprietary right of any party.
LIMITED Call for Artists, Qualifications
Permanent Transportation Art: Artist Selection, Conceptual Design and Fabrication
Chestnut Underpass
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 23
The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of
at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report.
10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not
constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage.
10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has
no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s
profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement.
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10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF THE ARTWORK Title to the completed Artwork immediately vests in the City upon completion, along with all rights of ownership, possession and control. Prior to completion of the Artwork, City shall have the right, at its option, to claim ownership, possession and control of the uncompleted portions of the Artwork which are on site. 14. REPRODUCTION RIGHTS Subject to the rights granted herein, Contractor retains all rights under the Copyright Act of 1976 (17
U.S.C. §101 et. seq.), as amended from time to time. The Contractor hereby grants the City, royalty free and irrevocable license to make, or cause to be made, photographs and other two-dimensional reproductions of the Artwork for noncommercial purposes. For the purpose of this Agreement, the
following are among those deemed to be permissible reproductions for the above cited purposes: reproductions used in City business, advertising, souvenirs, brochures and pamphlets pertaining to the City; reproductions in exhibition catalogues, books, slides, photographs, postcards, posters,
calendars, art magazines, art books and art and news sections of newspapers; in general books and magazines not primarily devoted to art; slides and film strips; video; computer websites; and television; as well as in media that shall exist in the future. The City may not re-license the Artwork nor make a full scale exact duplicate of the Artwork nor alter Artwork by selecting portions without Contractor’s consent. The City shall include the Contractor’s copyright notice on any reproductions and the Contractor shall include the following words on any reproduction: "An original work commissioned by the City of Carlsbad, California." 15. COPYRIGHTS
The responsibility for registration of the copyright shall be the responsibility of the copyright holder
under this Agreement.
16. WARRANTIES
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1. Warranty of Title. The Contractor represents and warrants that:
(a) The Artwork is solely the result of the artistic effort of the Contractor.
(b) The Artwork is unique and original and does not infringe upon any
copyright, trademark, service mark or other intellectual property right of
any third party.
(c) The Artwork or a duplicate of the Artwork has not been sold elsewhere. 2. Warranty of Title. The Contractor represents and warrants that:
(d) The Artwork is solely the result of the artistic effort of the Contractor.
(e) The Artwork is unique and original and does not infringe upon any
copyright, trademark, service mark or other intellectual property right of
any third party.
(f) The Artwork or a duplicate of the Artwork has not been sold elsewhere.
3. Reasonable maintenance of the Artwork will not require procedures in excess of those described in the maintenance recommendations to be submitted by the Contractor to the City along with the design. The warranty of quality and condition shall survive for a period of one year after the final acceptance of the artwork. The City shall give notice to the Contractor of any observed breach with reasonable promptness. The Contractor shall at the request of the City, and at no cost to the City, cure reasonable and promptly the breach of any such warranty which is curable by the Contractor and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the Artwork.)
16. WAIVER OF RIGHTS The Contractor and City acknowledge that the Contractor may have certain rights under the Federal
Visual Artists Rights Act of 1990 ("VARA" 17 U.S.C. § 106A, et seq.). The Contractor acknowledges
and understands that if fabrication is performed, the subsequent installation of the Artwork at the site
may subject the Artwork to destruction, distortion, mutilation, or other modification due to its removal by the City or its officials, officers, employees, agents, or representatives.
The Contractor and City acknowledge that the Contractor may have certain rights under California
Civil Code Section 987 which are not pre-empted by VARA. In consideration of the terms and conditions in this Agreement, the Contractor waives any rights which the Contractor or the Contractor
's heirs, beneficiaries, devisees, or personal representatives may have under California Civil Code
Section 987 to prevent the removal, destruction, distortion, mutilation, or other modification of the
Artwork.
Any contracts or written agreements between the Contractor and his/her subcontractors or other
artists contributing to the Artwork shall include a waiver of the Contractor’s rights under this
Agreement.
The Contractor agrees to waive the rights under VARA to prevent the destruction, distortion,
mutilation, or other modification of the Artwork.
The Contractor’s rights under this Agreement shall cease with the Contractor’s death and do not extend to the Contractor’s heirs, successors or assigns.
In addition, in the event that any element of the Artwork constitutes a public safety hazard, the City
has the right to remove the element posing the public safety hazard.
The Contractor, his or her agents, heirs, successors and assigns further agree not to attempt to defeat this waiver by cooperating, encouraging or assisting any organization which seeks to bring an action
under these Acts.
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17. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor
Name Name
Title Title
Department Address
City of Carlsbad
Address Phone No.
Email
Phone No.
Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 18. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes No 19. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the
Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 20. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 21. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views,
to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten
(10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts
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and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 22. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put
it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the
compensation to be made. 23. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 24. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be
asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor
acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false
information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 26. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county.
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27. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 28. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 29. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California
By: By:
(sign here) [INSERT TITLE OF PERSON AUTHORIZED TO SIGN (City Manager or Mayor or Division Director as authorized by the City Manager)]
(print name/title)
ATTEST:
By:
(sign here) For SHERRY FREISINGER
City Clerk
(print name/title)
If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation,
Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary,
President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM: For CINDIE K. McMAHON, City Attorney BY: _____________________________ Assistant City Attorney
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EXHIBIT “A” SCOPE OF SERVICES Itemized List of what Contractor will do for City and at what price.
SAMPLE – DO NOT COMPLETE AT THIS TIME
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Exhibit C – Public Works Fabrication Contract
SAMPLE – DO NOT COMPLETE AT THIS TIME
NAME OF PROJECT
CONTRACT NNNN (REMOVE THIS TEXT BEFORE PRINTING THE SPECIFICATIONS) INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable
offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been
fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the
State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as
approved by the City Council of the City of Carlsbad on file with the (Engineering) Department. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction, Parts 2 & 3, current edition at time of bid opening and the supplements thereto as published by the "Greenbook" Committee of Public Works Standards, Inc. (edit as needed; some projects may not be based on the Greenbook and have specific technical specifications) (REMOVE THIS TEXT BEFORE PRINTING), all hereinafter designated “SSPWC”, as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply.
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The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1. Contractor's Proposal 2. Bidder's Bond 3. Noncollusion Declaration 4. Designation of Subcontractor and Amount of Subcontractor’s Bid 5. Bidder's Statement of Technical Ability and Experience
6. Acknowledgement of Addendum(a) 7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this
contract. 8. Bidder’s Statement Re Debarment 9. Bidder's Disclosure Of Discipline Record
10. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER’S ESTIMATE: All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $NNN,NNN.NN (INSERT ENGINEER’S ESTIMATE AMOUNT) (REMOVE THIS TEXT BEFORE PRINTING THE SPECIFICATIONS) TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES
Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall
be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in
the proposal, under penalty of perjury. This invitation to bid (does) (does not) SELECT ONE involve federal funds. The following classifications are acceptable for this contract: INSERT APPROPRIATE CLASSIFICATIONS AND DELETE THE FOLLOWING TABLE. CLASSIFICATIONS FOR CONTRACTORS ARE:
Classification Description Classification Description
A General Engineering C50 Reinforcing Steel ASB Asbestos Removal Certification C51 Structural Steel B General Building C53 Swimming Pool C-2 Insulation and Acoustical C54 Ceramic and Mosaic Tile C-4 Boiler, Hot Water Heating and Steam Fitting C55 Water Conditioning
C-5 Framing and Rough Carpentry C57 Water Well Drilling --
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C-6 Cabinet, Mill Work, and Finish Carpentry C60 Welding
C-7 Low Voltage Communications and Wiring Systems C61 Limited Specialty
C-8 Concrete HAZ Hazardous Substance Removal Certification C-9 Drywall D03 Awnings C10 General Electrical D04 Central Vacuum Systems C11 Elevator Contractor D06 Concrete Related Services C12 Earthwork and Paving D09 Drilling, Blasting and Oil Field Work C13 Fencing D10 Elevated Floors C14 Metal Roofing Systems D12 Synthetic Products C15 Flooring and Floor Covering D16 Hardware, Locks and Safes C16 Fire Protection Contractor D21 Machinery and Pumps C17 Glazing D24 Metal Products C20 Warm-Air Heating, Ventilating and Air-Conditioning D28 Doors, Gates and Activating Devices C21 Building Moving / Demolition D29 Paperhanging C23 Ornamental Metals D30 Pile Driving and Pressure Foundation Jacking C26 Lathing D31 Pole Installation and Maintenance C27 Landscaping D34 Prefabricated Equipment C28 Lock and Security Equipment D35 Pool and Spa Maintenance C29 C31 Masonry Construction Zone Traffic Control
D38 Sand and Water Blasting
C32 Parking and Highway Improvement D39 D40 Scaffolding Service Station Equipment and Maintenance C33 Painting and Decorating D41 Siding and Decking C34 Pipeline D42 Sign Installation C35 Lathing and Plastering D49 Tree Service C36 Plumbing D50 Suspended Ceilings C38 Refrigeration D52 Window Coverings C39 Roofing D53 Wood Tanks C42 Sanitation Systems D56 Trenching Only C43 Sheet Metal D59 Hydroseed Spraying C45 Electrical Signs D62 Air and Water Balancing C46 Solar D63 Construction Clean-up C47 Manufactured Housing D64 Non-specialized D65 Weatherization and Energy Conservation
(REMOVE THIS TEXT & TABLE BEFORE PRINTING THE SPECIFICATIONS)
ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 5% retention from each payment, these documents must be completed and submitted with
the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS
Sets of plans, various supplemental provisions, and Contract documents may be obtained at the Cashier’s Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $ (INSERT COST OF DUPLICATION OF PLANS & SPECS,
ROUNDED TO THE NEAREST DOLLAR) per set. If plans and specifications are to be mailed, the cost for postage should be added.
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INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or
informality in such bids. PREVAILING WAGE TO BE PAID
The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of
applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any
contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
The Prime Contractor and all subcontractors shall comply with Section 1776 of the Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and
making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. PRE BID MEETING A pre-bid meeting and tour of the project site will be held at (INSERT TIME, DATE AND LOCATION) OR, will not be held. (SELECT ONE) (REMOVE THIS TEXT BEFORE PRINTING THE SPECIFICATIONS) UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals.
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All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. ADDENDUMS Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution ______________, adopted on the ________day of ______________________, 20_____. ___________________________ ____________________________________ Date Deputy Clerk (RESOLUTION NUMBER & DATE AND CITY CLERK SIGNATURE & DATE OF SIGNATURE ARE
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INSERTED BY THE PURCHASING DEPARTMENT) (REMOVE THIS TEXT BEFORE PRINTING THE SPECIFICATIONS)
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CITY OF CARLSBAD
NAME OF PROJECT CONTRACT NNNN
(insert contract number & name) (REMOVE THIS TEXT BEFORE PRINTING THE SPECIFICATIONS)
CONTRACTOR'S PROPOSAL
City Council
City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract NNNN (INSERT CONTRACT NUMBER)
(REMOVE THIS TEXT BEFORE PRINTING THE SPECIFICATIONS) in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: NOTES TO THE PROJECT ENGINEER FOR THE BID ITEM LIST The following list of bid items is not an all-inclusive list nor is it offered as the perfect example. It is only an example. The Project Engineer must generate a thorough understanding of how the project will be managed by City or consultant inspectors. The Design Engineer must provide the Engineer’s Estimate with designations and units that will be appropriate for the bid list. Although the quantities may be only rough approximations the estimate should accompany the first submittal. The Project Engineer needs to specifically seek out the input of those reviewing the plans and mediate a consensus regarding the bid unit descriptions. Lump sum bid items should be used ONLY when it is possible for a bidding Contractor to determine the extent of work involved from the plans, specifications, soils data made available by the City and, to a lesser extent, observation of the site. If site observation is a factor being relied upon to justify the completeness of data for a lump sum bid the Project Engineer must have sufficient data, usually in the form of photographs, that show, when combined with the plans and specifications, it was possible for the Contractor to understand the extent of materials and labor involved in completing each lump sum bid item. The Project Engineer must be careful to rewrite the payment sections of each individual item that is included in the lump sum items so that individual items that would ordinarily be paid for at unit prices are specifically excluded from the unit price payment for those items. The example of bid items is set up as two schedules. Multiple schedules may be used when : 1. Construction of facilities for another agency is part of the contract and there is a need to completely separate costs of its construction, to allow multiple bid items of the same name or nature (e.g. mobilization, traffic control, etc.). 2. There is a need to provide a definition of extent of construction that is unequivocal and that cannot be otherwise distinguished from the remainder of the work. 3. Some flexibility in adding elements of work to fit the available budget is desired. In this case the method of determining the low bidder must be clearly defined. This procedure is fraught with possibilities for dispute in the identification of the lowest bidder. Do not select it without thorough discussion that includes a representative of the City Attorney. When including items in the bid list that are to be paid for from another agency’s accounts segregate those bid items by grouping them consecutively and by prefacing them with a bold type heading that states the name of the agency, the name of the account the items are to be paid from and the item numbers of the bid items that the note pertains to.. (REMOVE THIS TEXT BEFORE PRINTING THE SPECIFICATIONS)
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SCHEDULE “A” ROAD IMPROVEMENTS Item
Description
Approximate Quantity And Unit
Unit Price (Figures)
Total Amount (Figures) A-1 Mobilization at Not to $____________ $___________ Exceed $150,000
(Price in Words)
A-2 Clearing and Grubbing at LS $____________ $___________
(Price in Words) A-3 Unclassified Excavation at 73,400 CY $____________ $___________
(Unit Price in Words) A-4 Construction schedule at $40,000 $40,000 $40,000 Stipulated
Amount
(Price in Words) A-5 Traffic Control Including LS $____________ $___________ Temporary Railing (Type K) and Crash Cushion Assemblies at
(Price in Words) A-6 Imported Borrow Material at 26,300 CY $____________ $___________
(Unit Price in Words) A-7 Asphalt Pavement Removal (6" or 8" Thick) Complete at 217,000 SF $____________ $___________
(Unit Price in Words)
A-8 Asphalt Concrete Pavement at 27,900 TON $____________ $___________
(Unit Price in Words)
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Item
Description
Approximate Quantity And Unit
Unit Price (Figures)
Total Amount (Figures) A-9 Curb and Gutter per SDRS G-2 at 16,667 LF $____________ $___________
(Unit Price in Words) A-10 Modified 8" Concrete Median Curb and Gutter as shown on the Plans at
4,436 LF $____________ $___________
(Unit Price in Words)
A-11 Modified 8” Concrete Median Curb as shown on the Plans at
13,369 LF $____________ $___________
(Unit Price in Words) A-12 4” PCC Sidewalk per SDRS G-7 at 43,732 SF $____________ $___________
(Unit Price in Words) A-13 Pedestrian Access per SDRS G-27 Ramp at 3 EA $____________ $___________
(Unit Price in Words) A-14 4" Colored Concrete Police Ramp per Plans at 154 SF $____________ $___________
(Unit Price in Words) A-15 7-1/2" Concrete Driveway per SDRS G-14A at 120 SF $____________ $___________
(Unit Price in Words)
A-16 4" Stamped Colored Concrete Median Paving at 38,750 SF $____________ $___________
(Unit Price in Words)
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Item
Description
Approximate Quantity And Unit
Unit Price (Figures)
Total Amount (Figures) A-17 PCC Cross-Gutter per SDRS G-12 at 940 SF _____________ ____________
(Unit Price in Words) A-18 Street Survey Monument per SDRS M-10 at 14 EA $____________ $___________
(Unit Price in Words) A-19 Record of Survey, including
Checking and Recording Fees at
LS $____________ $___________
(Price in Words) A-20 Wood Post, Metal Beam Guard Rail per SDRS M-34 at 189 LF $____________ $___________
(Unit Price in Words) A-21 24” RCP (2000-D) at 327 LF $____________ $___________
(Unit Price in Words)
A-22 18” RCP (2000-D) at 160 LF $____________ $___________
(Unit Price in Words) A-23 30” RCP (2000-D) at 766 LF $____________ $___________
(Unit Price in Words) A-24 42” RCP (1350-D) at 10 LF $____________ $___________
(Unit Price in Words)
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Item
Description
Approximate Quantity And Unit
Unit Price (Figures)
Total Amount (Figures) A-25 10’ x 6’ RC Box Culvert Extension and Modification per SDRS D-76A and D-76B Sta. 63 + 85.90 North and South Side Complete at
LS $____________ $___________
(Price in Words)
A-26 12’ x 8’ RC Box Culvert per SDRS D-76A and D-76B Complete at
LS $____________ $___________
(Price in Words)
A-27 Concrete Drainage Channel b=2’, h=2’ z=2) per SDRS D-70 at
435 LF $____________ $___________
(Unit Price in Words)
A-28 Channel Cutoff Wall per SDRS D-72 at 1 EA $____________ $___________
(Unit Price in Words) A-29 5’ Type “A” Curb Inlet per
SDRS D-1 at
1 EA $____________ $___________
(Unit Price in Words) A-30 5’ Type “B” Curb Inlet per SDRS D-2 at 13 EA $____________ $___________
(Unit Price in Words) A-31 7’ Type “B” Curb Inlet per SDRS D-2 at 3 EA $____________ $___________
(Unit Price in Words)
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Item
Description
Approximate Quantity And Unit
Unit Price (Figures)
Total Amount (Figures) A-32 8’ Type “B” Curb Inlet per SDRS D-2 at 2 EA $____________ $___________
(Unit Price in Words) A-33 Type “A” Cleanout per SDRS D-9 at 3 EA $____________ $___________
(Unit Price in Words) A-34 Type “F” Catch Basin per
SDRS D-7 at
2 EA $____________ $___________
(Unit Price in Words)
A-35 Reverse Type “A” Curb Outlet per SDRS D-25 at 6 EA $____________ $___________
(Unit Price in Words) A-36 Pipe Collar per SDRS DS-5 at 7 EA $____________ $___________
(Unit Price in Words)
A-37 Type “A” Headwall per SDRS D-30 at 15 EA $____________ $___________
(Unit Price in Words)
A-38 Wing Headwall per SDRS D-34 at 1 EA $____________ $___________
(Unit Price in Words) A-39 PCC Brow Ditch Type “B” per
SDRS D-75 (All Depths) at
5,540 LF $____________ $___________
(Unit Price in Words)
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Item
Description
Approximate Quantity And Unit
Unit Price (Figures)
Total Amount (Figures) A-40 Rip-Rap Energy Dissipators Type 2 per SDRS D-40 at LS $____________ $___________
(Price in Words) A-41 Reinforced Concrete Cribwall Complete In Place and Per Plans and Specs at
LS $____________ $___________
(Price in Words)
A-42 Traffic Signal System at Saxony and La Costa Avenue Complete In Place at
LS $____________ $___________
(Price in Words) A-43 Street Lighs Complete In Place at 20 EA $____________ $___________
(Unit Price in Words) A-44 Traffic Striping, signing and Reflective pavement Markers Marking at
LS $____________ $___________
(Price in Words) A-45 Landscaping Complete In Place at LS $____________ $___________
(Price in Words) A-46 Furnish and Install Portable Changeable Message Signs and Transfer Ownership to the City at
2 EA $____________ $___________
(Unit Price in Words)
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Item
Description
Approximate Quantity And Unit
Unit Price (Figures)
Total Amount (Figures) A-47 Furnish and Install Project Signs at 2 EA $____________ $___________
(Unit Price in Words) A-48 Irrigation Complete In Place at LS $____________ $___________
(Price in Words) A-49 Class A Field Office at 12 Months $____________ $___________
Per Month
A-50 Wingwall Type A per SDRS D-79A at 2 EA $____________ $___________
(Unit Price in Words) A-51 Erosion control at LS $____________ $___________
(Price in Words) A-52 12” Median Mowing Strip per
SDRS L-3 at
LS $____________ $___________
(Price in Words)
Total amount of bid in words for Schedule “A”:__________________________________________ _______________________________________________________________________________
Total amount of bid in numbers for Schedule “A”: $_________________________ SCHEDULE “B” LEUCADIA SEWER LINE Item
Description
Approximate Quantity and Unit
Unit Price (Figures)
Total Amount (Figures) B-1 24” Ductile Iron Restrained Joint Pipe Class 50 with Polyurethane Coating and Coal Tar Epoxy Lining
840 LF $____________ $___________
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Item
Description
Approximate Quantity and Unit
Unit Price (Figures)
Total Amount (Figures) Complete In Place at
(Unit Price in Words)
B-2 24” Ductile Iron Restrained Joint Pipe class 50 with Polyurethane Coating and Lining, Complete In Place at
240 LF $____________ $___________
(Unit Price in Words) B-3 24” Ductile Iron Restrained
Joint Class 50, 45º El Polyurethane Lined and Coated Complete in Place at
2 EA $____________ $___________
(Unit Price in Words) B-4 24” Ductile Iron Restrained Joint 22.5 El Polyurethane Lined and Coated Complete in
Place at
6 EA $____________ $___________
(Unit Price in Words) B-5 24” Ductile Iron Restrained Joint 11.25º Elbow
Polyurethane Lined and Coated Complete In Place at
10 EA $____________ $___________
(Unit Price in Words) B-6 24” Polyvinyl Chloride Pipe SDR 18 Complete In Place at 7,335 LF $____________ $___________
(Unit Price in Words) B-7 24” Eccentric Plug Valve Complete In Place at 4 EA $____________ $___________
(Unit Price in Words)
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Item
Description
Approximate Quantity and Unit
Unit Price (Figures)
Total Amount (Figures) B-8 16” Eccentric Plug Valve Complete In Place at 2 EA $____________ $___________
(Unit Price in Words) B-9 Modify and relocate existing 6” Blowoffs on the 24” Leucadia Force Main Complete at
3 EA $____________ $___________
(Unit Price in Words) B-10 Installation of New Sewage
Combination Air Valve Assemblies on the existing Leucadia 24” force main
Complete at
3 EA $____________ $___________
(Unit Price in Words) B-11 Abandonment of Existing Blowoffs and Air Release
Valve Assemblies Complete at
11 EA $____________ $___________
(Unit Price in Words) B-12 Relocation of Corrosion Test Stations Complete at 7 EA $____________ $___________
(Unit Price in Words) B-13 Saxony Pump Station Connection Including bypass plan and all Piping Complete and In Place at
LS $____________ $___________
(Price in Words) B-14 Modify and relocate existing 4” blowoffs on the Leucadia 12” Failsafe Force Main Complete at
2 EA $____________ $___________
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Item
Description
Approximate Quantity and Unit
Unit Price (Figures)
Total Amount (Figures)
(Unit Price in Words)
B-15 Installation of new blowoffs on the new Leucadia Parallel 24” Force Main Complete at
4 EA $____________ $___________
(Unit Price in Words)
B-16 Installation of new sewage combination Air Valve Assemblies on the Failsafe 12”
Failsafe Force Main
3 EA $____________ $___________
(Unit Price in Words)
B-17 Dewatering Including All Equipment, Permits and Labor
at
LS $____________ $___________
(Price in Words) B-18 Installation of new sewage combination Air Valve
assemblies on the new Leucadia Parallel 24” Force Main Complete at
4 EA $____________ $___________
(Unit Price In Words)
B-19 Furnishing, installation and testing of cathodic protection system including corrosion test
stations, anodes and bonding pipe complete and in place at
LS $____________ $___________
(Price in Words) B-20 Sheeting, shoring, and bracing, including all labor and equipment, submittals of structural design Complete at
LS $____________ $___________
(Price in Words)
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Item
Description
Approximate Quantity and Unit
Unit Price (Figures)
Total Amount (Figures) B-21 4 Crushed Rock for pipe bedding including materials and geotextile fabric Complete at
100 CY $____________ $___________
(Unit Price in Words) B-22 Hydrostatic testing, including all materials and personnel complete at
LS $____________ $___________
(Price in Words) B-23 Adjust Manhole Frame and Cover to Grade at LS $____________ $___________
(Price in Words) B-24 All other work to be done to complete the project but not specifically listed in Bid Item A-1 through B-?
LS $____________ $___________
(Price in Words) Total amount of bid in words for Schedule “B”:__________________________________________ _______________________________________________________________________________ Total amount of bid in numbers for Schedule “B”: $_________________________ Total amount of bid in words including Schedule “A” and Schedule “B”:_______________________ _______________________________________________________________________________ Total amount of bid in numbers including Schedule “A” and Schedule “B”: $____________________ The City shall determine the low bid based on Schedule “A” and Additive Alternative Schedule “B”. After the low Bid has been determined, the City may, at its sole discretion, award the Contract for Schedule “A” alone or for Schedule “A” and Additive Alternative Schedule “B”. Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s).____________________ has/have been received and is/are included in this proposal.
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The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number _________________________, classification ________________ which expires on _______________________, and that this statement is true and correct and has the legal effect of an affidavit.
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by
the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed.
The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is ______________________________(Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before
commencing the performance of the work of this Contract and continue to comply until the contract is complete.
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions.
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IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted _____________________________________ (2) Signature (given and surname) of proprietor ____________________________________ (3) Place of Business ________________________________________________________ (Street and Number) City and State _______________________________________________________________ (4) Zip Code ___________________ Telephone _________________________________ (5) E-Mail _____________________________________________________
IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted_________________________________________
(2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) __________________________________________________________________________
__________________________________________________________________________ (3) Place of Business ___________________________________________________________
(Street and Number) City and State ______________________________________________________________ (4) Zip Code ___________________ Telephone __________________________________ (5) E-Mail _____________________________________________________
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IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted ________________________________________ __________________________________________________________________________ (2) __________________________________________________________________________ (Signature) __________________________________________________________________________ (Title) Impress Corporate Seal here
(3) Incorporated under the laws of the State of _________________________
(4) Place of Business ________________________________________________________ (Street and Number) City and State ______________________________________________________________ (5) Zip Code _____________________ Telephone _______________________________
(6) E-Mail _____________________________________________________ NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED
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List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: _____________________________________ _____________________________________ _____________________________________ _____________________________________ _____________________________________ _____________________________________ _____________________________________ _____________________________________ _____________________________________ _____________________________________ _____________________________________ _____________________________________
_____________________________________ _____________________________________
_____________________________________ _____________________________________
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BID SECURITY FORM
(Check to Accompany Bid)
NAME OF PROJECT CONTRACT NNNN
(insert contract number & name) (REMOVE THIS TEXT BEFORE PRINTING THE SPECIFICATIONS) (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF
CARLSBAD, in the sum of __________________________________________________________
______________________________________________________ dollars ($________________), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall
become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage
within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise
required by law, and notwithstanding the award of the contract to another bidder. _______________________________________ _______________________________________ BIDDER
_________________ *Delete the inapplicable word.
(NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.)
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BIDDER'S BOND TO ACCOMPANY PROPOSAL
NAME OF PROJECT
CONTRACT NNNN
(insert contract number & name) (REMOVE THIS TEXT BEFORE PRINTING THE SPECIFICATIONS)
KNOW ALL PERSONS BY THESE PRESENTS: That we, _______________________________, as Principal, and __________________________,
as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) __________________________ for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors
or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-bounden Principal for: NAME OF PROJECT CONTRACT NNNN (insert contract number & name) (REMOVE THIS TEXT BEFORE PRINTING THE SPECIFICATIONS)
in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award,
then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City.
In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. SIGNED AND SEALED, this ____________ day of _______________________________, 20_____ _________________________________(SEAL) _________________________________(SEAL)
(Principal) (Surety) By: __________________________________ By: ________________________________ (Signature) (Signature) __________________________________ ________________________________ (Print Name/Title) (Print Name/Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY – ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CELIA A. BREWER
City Attorney By: _______________________________________________
Deputy City Attorney
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GUIDE FOR COMPLETING THE “DESIGNATION OF SUBCONTRACTORS” FORM
REFERENCES Prior to preparation of the following “Subcontractor Disclosure Form” Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially,
“Bid”, “Bidder”, “Contract”, “Contractor”, “Contract Price”, “Contract Unit Price”, “Engineer”, “Own Organization”, “Subcontractor”, and “Work”. Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions.
CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be performed by forces other than the Bidder’s own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the “Contractor’s Proposal” are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one
percent (0.5%) of the Bidder’s total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder’s sealed bid. Failure
to provide complete and correct information may result in rejection of the bid as non-responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor-installed bid
item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter “NONE” in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid
item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the various
supplemental provisions. The decision of the City Council shall be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible
to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7.
LIMITED Call for Artists, Qualifications
Permanent Transportation Art: Artist Selection, Conceptual Design and Fabrication
Chestnut Underpass
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 55
Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated.
LIMITED Call for Artists, Qualifications
Permanent Transportation Art: Artist Selection, Conceptual Design and Fabrication
Chestnut Underpass
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 56
DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS
(To Accompany Proposal)
NAME OF PROJECT CONTRACT NNNN
(insert contract number & name) (REMOVE THIS TEXT BEFORE PRINTING THE SPECIFICATIONS) The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder’s total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR’S BID ITEMS
Portion of Work
Subcontractor Name and Location of Business
Phone and Email Address
DIR Registration
Subcontractor’s License and Classification
Amount of Work by Subcontractor in Dollars*
Page _____ of _____ pages of this Subcontractor Designation form _________________
* Pursuant to section 4104 (a)(3)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice Inviting Bids.”
”
LIMITED Call for Artists, Qualifications
Permanent Transportation Art: Artist Selection, Conceptual Design and Fabrication
Chestnut Underpass
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 57
BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
NAME OF PROJECT CONTRACT NNNN
(insert contract number & name) (REMOVE THIS TEXT BEFORE PRINTING THE SPECIFICATIONS) The Bidder is required to state what work of a similar character to that included in the proposed
Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used.
Date Contract Completed
Name and Address of the Employer
Name and Phone of Person to Contract Type of Work Amount of Contract
LIMITED Call for Artists, Qualifications
Permanent Transportation Art: Artist Selection, Conceptual Design and Fabrication
Chestnut Underpass
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 58
BIDDER’S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS’ COMPENSATION
(To Accompany Proposal) NAME OF PROJECT CONTRACT NNNN (insert contract number & name) (REMOVE THIS TEXT BEFORE PRINTING THE SPECIFICATIONS) As a required part of the Bidder’s proposal the Bidder must attach either of the following to this page.
1) Certificates of insurance showing conformance with the requirements herein for each of: Comprehensive General Liability Automobile Liability
Workers Compensation Employer’s Liability
2) Statement with an insurance carrier’s notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for
Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer’s Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether
owned, non-owned or hired, and whether scheduled or non-scheduled.
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LIMITED Call for Artists, Qualifications
Permanent Transportation Art: Artist Selection, Conceptual Design and Fabrication
Chestnut Underpass
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 59
BIDDER'S STATEMENT RE DEBARMENT
(To Accompany Proposal) NAME OF PROJECT CONTRACT NNNN (insert contract number & name) (REMOVE THIS TEXT BEFORE PRINTING THE SPECIFICATIONS)
1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California?
______ ______ yes no
2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. _____________________________________ party debarred _____________________________________ agency
_____________________________________ period of debarment
_______________________________________ party debarred _______________________________________ agency
_______________________________________ period of debarment
BY CONTRACTOR: _____________________________________ (name of Contractor) By: __________________________________ (sign here) ___________________________________ (print name/title)
Page _____ of _____ pages of this Re Debarment form
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 60
BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
NAME OF PROJECT CONTRACT NNNN
(insert contract number & name) (REMOVE THIS TEXT BEFORE PRINTING THE SPECIFICATIONS) Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the
alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826.
1) Have you ever had your contractor’s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period?
______ ______ yes no 2) Has the suspension or revocation of your contractor’s license ever been stayed? ______ ______ yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor’s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period? ______ ______ yes no
4) Has the suspension or revocation of the license of any subcontractor’s that you propose to perform any portion of the Work ever been stayed?
______ ______ yes no
5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore.
(If needed attach additional sheets to provide full disclosure.)
Page _____ of _____ pages of this Disclosure of Discipline form
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 61
BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED) (To Accompany Proposal) NAME OF PROJECT CONTRACT NNNN (insert contract number & name) (REMOVE THIS TEXT BEFORE PRINTING THE SPECIFICATIONS) 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who’s discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the
nature of the violation and the condition (if any) upon which the disciplinary action was stayed.
(If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR:
_______________________________________ (name of Contractor)
By: ____________________________________ (sign here)
_______________________________________ (print name/title) Page _____ of _____ pages of this Disclosure of Discipline form
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 62
NONCOLLUSION DECLARATION TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106 NAME OF PROJECT CONTRACT NNNN (insert contract number & name) (REMOVE THIS TEXT BEFORE PRINTING THE SPECIFICATIONS
The undersigned declares:
I am the ____________ of ______________, the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone
else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true
and correct and that this declaration is executed on ___________________________, 20____ at _________ [city], ________ [state].
________________________________________________
Signature of Bidder
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 63
CONTRACT
PUBLIC WORKS
This agreement is made this ____________ day of ________________________________, 20___,
by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and ________________________________________________ whose principal place of business is ______________________________________________________________________________ (hereinafter called "Contractor"). City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract documents for: NAME OF PROJECT CONTRACT NNNN (insert contract number & name) (REMOVE THIS TEXT BEFORE PRINTING THE SPECIFICATIONS) (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents.
3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Noncollusion Declaration, Designation of Subcontractors,
Technical Ability and Experience, Bidder’s Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in
accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City
shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code
Section 9203.
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 64
5. Independent Investigation. Contractor has made an independent investigation of the jobsite,
the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and
has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches
or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of
the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract.
In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of
Industrial Relations has determined the general prevailing rate of per diem wages in accordance with
California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Contractor shall comply with California Labor Code, section 1776, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776.
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 65
9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy # 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability (CGL) Insurance: Insurance written on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b. Business Automobile Liability Insurance: $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers’ Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers’ Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 66
liability, and employers’ liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by Contractor shall be resolved in accordance with Public Contract Code section 9204, which is incorporated by reference. A copy of Section 9204 is included in Section 3 of the General Provisions. In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in Section 3 of the General Provisions. In the event of a conflict between Section 9204 and Article 1.5, Section 9204 shall apply. Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 67
for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the
false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims
Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim
may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above. ________ init ________ init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City,
upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720
of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted
for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract.
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 68
15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: ____________________________________ (name of Contractor) By: ________________________________ (sign here) ____________________________________ (print name and title) By: ________________________________ (sign here) ____________________________________ (print name and title)
CITY OF CARLSBAD a municipal corporation of the State of California By: ____________________________________ Mayor ATTEST: _______________________________________ BARBARA ENGLESON, City Clerk
President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: _________________________________ Deputy City Attorney
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 69
LABOR AND MATERIALS BOND
WHEREAS, the City of Carlsbad, State of California, has awarded to
________________________________________________________________________________ (hereinafter designated as the "Principal"), a Contract for: NAME OF PROJECT CONTRACT NNNN (insert contract number & name) (REMOVE THIS TEXT BEFORE PRINTING THE SPECIFICATIONS) in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract
Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the
performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, ________________________________________________________, as Principal, (hereinafter designated as the "Contractor"), and ______________________________ __________________________________ as Surety, are held firmly bound unto the City of Carlsbad in the sum of _____________________________________________________________________ _______________________________________________________ Dollars ($_______________), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally,
firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail
to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment
Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications.
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 70
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this _________ day of ________________________, 20____. CONTRACTOR: _____________________________________ (name of Contractor) By:__________________________________ (sign here) _____________________________________ (print name here) _____________________________________ (title and organization of signatory) By:__________________________________ (sign here) _____________________________________ (print name here) _____________________________________ (title and organization of signatory)
Executed by SURETY this ____________ day of ___________________________, 20____. SURETY: _____________________________________ (name of Surety) _____________________________________ (address of Surety) _____________________________________ (telephone number of Surety) By: _____________________________________ (signature of Attorney-in-Fact) _____________________________________ (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney
By: _______________________________________________ Deputy City Attorney
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 71
FAITHFUL PERFORMANCE/WARRANTY BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to
_____________________________________________________________________, (hereinafter designated as the "Principal"), a Contract for: NAME OF PROJECT CONTRACT NNNN (insert contract number & name) (REMOVE THIS TEXT BEFORE PRINTING THE SPECIFICATIONS) in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other
Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE, _______________________________________________, as Principal, (hereinafter designated as the "Contractor"), and _________________________________________ _____________________________, as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of _____________________________________________________________________ ______________________________________________________ Dollars ($________________), said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in
the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and
effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications.
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 72
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this _________ day of ___________________, 20____.
CONTRACTOR: ____________________________________ (name of Contractor)
By: _________________________________ (sign here)
____________________________________ (print name here)
____________________________________ (Title and Organization of Signatory) By: ____________________________________ (sign here) ____________________________________ (print name here) ____________________________________
(Title and Organization of signatory)
Executed by SURETY this ___________ day of _______________________________, 20____
SURETY: _______________________________________ (name of Surety)
_______________________________________ (address of Surety)
_______________________________________ (telephone number of Surety)
By: ____________________________________ (signature of Attorney-in-Fact) _______________________________________ (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: _______________________________________________ Deputy City Attorney
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 73
OPTIONAL ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and
________________________________________________________________whose address is __________________________________________________________________hereinafter called "Contractor" and ___________________________________________________ whose address is ______________________________________________________________________ hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to section 22300 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for NAME OF PROJECT CONTRACT NNNN (insert contract number & name) (REMOVE THIS TEXT BEFORE PRINTING THE SPECIFICATIONS) in the amount of ___________________________ dated ______________ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the
beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would
be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.
3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All
terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly.
4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 74
only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title ___________FINANCE DIRECTOR___________ Name _______________________________________ Signature ____________________________________ Address 1635 Faraday Avenue, Carlsbad, CA 92008 For Contractor: Title ________________________________________ Name _______________________________________ Signature ____________________________________ Address _____________________________________ For Escrow Agent: Title ________________________________________ Name _______________________________________ Signature ____________________________________ Address _____________________________________ At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.
Submissions due Tuesday, Oct. 10, 2023 by 4 p.m. ׀ 75
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title ______MAYOR___________________________ Name _______________________________________
Signature ____________________________________ Address 1200 Carlsbad Village Drive, Carlsbad, CA 92008
For Contractor:
For Escrow Agent:
Title ______________________________________ Name _______________________________________
Signature ____________________________________
Address _____________________________________ Title ________________________________________ Name _______________________________________ Signature ____________________________________ Address _____________________________________
Page 1 of 5
COPYRIGHT LICENSE AND WAIVER OF MORAL RIGHTS IN ARTWORK
This Copyright License and Waiver of Moral Rights In Artwork (the “Agreement”) is
entered on the [DATE ] day of [MONTH ], 20[YR] (the “Effective Date”), by and between
Artist, [INSERT NAME OF ARTIST HERE], with Artist’s principal address at [INSERT ADDRESS OF
ARTIST HERE], (“Artist”) and the California Department of Transportation (“Caltrans”)
(collectively, known as the “Parties”), with respect to the original work of visual art
described below as the [INSERT NAME OF ARTWORK HERE] (“Artwork”).
RECITALS
1. The Parties acknowledge the social and professional benefits Artists may receive from
creating works of art such as the Artwork.
2. It is the Parties’ intent that Artist shall maintain the Copyright in the Artwork, while Caltrans
shall own the title to the Artwork, shall have a license to make certain noncommercial
uses of the Artwork to explain and promote its art programs, and shall maintain physical
title to and control of the Artwork, including the right to remove or alter the Artwork if in
Caltrans’ sole discretion removal or alteration is necessary to maintain public highways
and roads for the public benefit and for public safety.
TERMS
Now, therefore, in consideration for the mutual promises and covenants contained
in this agreement, and other good and valuable consideration, including but not limited
to the payment received by Artist from the Local Agency, the Parties agree as follows:
1. Definitions. The Parties agree to the following definitions as used herein and throughout
this Agreement:
A. “Artwork” means the original visual work of art created by Artist pursuant to the Local
Agency Agreement, described as [INSERT NAME OF ARTWORK] and to be located at
[INSERT LOCATION OF ARTWORK], and as further described and depicted more fully in
Exhibit A to this Agreement.
B. “Copyright” means the rights granted in the Artwork as defined and set forth in the U.S.
Copyright Act of 1976, 17 U.S.C. §101 et seq., as amended, to authors of original works of
authorship fixed in a tangible medium of expression, including but not limited to “visual
works of art” as defined in section 17 U.S.C. §101.
C. “Local Agency Agreement” means the agreement entered into between Artist, [INSERT
NAME OF ARTIST HERE] and the [INSERT THE NAME OF SPONSORING LOCAL AGENCY HERE]
(hereinafter, “Local Agency”) pertaining to but not limited to the design, installation,
operation, maintenance, and/or removal of the transportation art. The signed and
-
-
Page 2 of 5
executed Local Agency Agreement, including all the exhibits to the Local Agency
Agreement, is incorporated by reference and made part of this Agreement and
attached as Exhibit B to this Agreement.
D. “VARA” means the Visual Artists Rights Act of 1990, 17 U.S.C. §106A and 113(d), as
amended, which confers upon authors of works of visual art several types of attribution
and integrity rights, including but not limited to the right to prevent any intentional
distortion, mutilation, or other modifications to his/her/their visual artwork, and to prevent
the destruction of a visual artwork of recognized stature.
E. “CAPA” means the California Art Preservation Act of 1979, Cal. Civil Code §987 et seq.,
as amended, which confers certain rights to artists of works of fine art (original paintings,
sculptures, drawings or original works of art in glass, of recognized artistic quality),
including but not limited to the right to prohibit the intentional physical defacement,
mutilation, alteration, or destruction of a work of fine art by any person or entity who
possesses or owns the fine art.
F. “Moral Rights” means any rights of Artist in the Artwork that include the rights under VARA
or CAPA or any similar rights under any body of state, federal, or international law relating
to Artist’s rights in the integrity of the Artwork or right of attribution relating to the Artwork.
G. “Artist(s)” means any artist or group of artists who contribute to the authorship of the
Artwork within the meaning of the Copyright Act, including any person, entity, adult, or
minor.
2. Title. Upon completion and installation of the Artwork, or any portion of it, by Artist,
Caltrans shall own the title to the Artwork, or any portion of it completed and installed.
3. Copyright. Artist shall own the Copyright in the Artwork and shall have all rights in the
Artwork provided by the Copyright Act of 1976, 17 U.S.C. §101 et seq., as amended,
except as otherwise provided in this Agreement. Artist shall have the responsibility for
registering the Copyright in the Artwork with the United States Copyright Office.
4. Copyright License. Caltrans shall have and is hereby granted a nonexclusive, perpetual,
irrevocable, royalty-free, world-wide, sublicensable license to make, publish and display
two-dimensional images, videos, film, audiovisual works, and similar reproductions of the
Artwork for non-commercial purposes or any state governmental purpose, including but
not limited to reproductions used in brochures, media publicity, public outreach
campaigns (including television and social media campaigns), and exhibition
catalogues or other similar publications. Caltrans’ license shall include the right to create
related derivative works and to publish, display, and distribute such works for its own non-
commercial purposes. Caltrans’ license shall include the right to permit third parties to
film, record, or photograph the Artwork for non-commercial purposes.
5. Waiver of Statutory Moral Rights. Artist irrevocably waives any and all Moral Rights in the
Artwork, including but not limited to any rights of Artist under VARA or CAPA, which
Page 3 of 5
waiver shall include but not be limited to:
a. The right to claim authorship of the Artwork and to prevent the use of Artist’s name as the
author of any work of visual art which Artist did not create;
b. The right to prevent the use of Artist’s name as the author of the Artwork in the event of a
distortion, mutilation, or other modification of the Artwork which would be prejudicial to
Artist’s honor or reputation; and
c. The right to prevent any distortion, mutilation, removal, or other modification of any kind
of the Artwork, for any purpose or use of any kind, including but not limited to uses by
Caltrans as set forth in this Agreement, and whether or not the distortion, mutilation,
removal, or modification is intentional or prejudicial to the Artist’s honor or reputation,
and whether or not the Artwork is one of recognized stature.
d. This waiver shall include but not be limited to a waiver of any claim that the destruction,
modification, or removal of the Artwork constitutes a “taking” (inverse condemnation) of
property under state or federal law.
6. Artist’s Covenant to Cooperate. Artist agrees to promptly execute any document
deemed by Caltrans, in its sole discretion, to be necessary to effectuate the purpose of
this Agreement, including but not limited to documents to identify and/or describe the
completed Artwork and any documents related to the Artwork filed with the United
States Copyright Office, and acknowledgments of such documents. Artist shall provide a
copy of the copyright registration certificate to Caltrans promptly upon receipt of
registration. If more than one Artist contributes to the authorship of the Artwork, Artist is
responsible for ensuring that all Artists execute this Agreement. Artist agrees to cooperate
with Caltrans in protecting Artwork against unauthorized uses that disparage Caltrans
and/or the Artist.
7. Relationship of the Parties. The Parties agree that Caltrans is a third-party beneficiary of
the Local Agency Agreement, and that Caltrans is not a party to nor is legally obligated
or bound by the terms and conditions contained in the Local Agency Agreement. The
Parties agree that Artist is an independent contractor commissioned to create, develop,
and install the Artwork by the Local Agency and that no agency, partnership, joint
venture, employee-employer relationship is intended or created by this Agreement. All
rights, interests, and title granted to Caltrans are contractual in nature and expressly
defined by this Agreement.
8. Accreditation of Final Work. Caltrans shall make reasonable efforts to credit Artist as the
original creator of the Artwork in connection with any uses of the Artwork by Caltrans, but
this obligation shall not be a condition of any rights Caltrans has, or any duties Artist has,
under this Agreement.
9. Effective Date. This Agreement shall be effective as of the day, month, and year stated
above upon execution of this Agreement by both Parties.
Page 4 of 5
10. Term. The term of this Agreement shall be irrevocable, and it shall be for the full term of
the Copyright in the Artwork, including any renewal term. The terms, covenants, and
provisions of this Agreement shall inure to the benefit of Caltrans, its officers, successors,
assigns, and/or other legal representatives, and they shall be binding upon Artist.
11. Warranty. Artist warrants and represents that the Artwork is an original visual work of
authorship of Artist; that Artist as creative originator is the sole owner of the Artwork, or, if
Artist is one of multiple authors of the Artwork, that the rights of such authors do not in any
way limit, conflict with, or encumber Artist’s right to enter this Agreement or to grant to
Caltrans the rights granted in this Agreement; that the Final Artwork infringes no existing
Copyrights; that Artist has not entered into any assignments, transfers, licenses, contracts,
or mutual understandings in conflict with the terms and conditions of this Agreement; that
the Artwork is free of any liens or encumbrances; that Artist has full power to enter into
and to perform this Agreement; and that there are no claims currently pending or
threatened, nor does Artist have any reason to believe that any claims will be brought or
threatened in the future, against Artist’s rights, ownership, title, or interests in the Artwork.
12. Indemnification. Artist agrees to indemnify and hold harmless Caltrans against any and all
claims, lawsuits, or legal actions made in connection with the Artwork, including but not
limited to any copyright infringement claims, moral rights violation claims, loss claims,
personal, and/or real property claims, injury claims, breach of contract claims, inverse
condemnation claims, conversion claims, taking of property claims, and/or damage
claims (including any related legal costs, attorney fees, or expenses properly incurred by
Caltrans).
13. Delivery. Artist must provide Caltrans with this Agreement, properly executed, signed, and
dated and attach the required Exhibit A (Artwork) and Exhibit B (Local Agency
Agreement), necessary to give effect to this Agreement.
14. Choice of Law. This Agreement shall be construed and enforced in accordance with the
laws of the State of California, not including its choice of law rules.
15. Forum for Disputes. The Parties submit to the jurisdiction of the State of California, and the
courts of the State of California shall be the exclusive forum for the resolution of any
disputes that arise under the terms of or relate to the subject matter of this Agreement.
The Parties agree that the County in which the Artwork is, or is to be, installed shall be the
proper venue for any related claims. In the event the state courts of California lack
jurisdiction over the subject matter of the dispute, any litigation shall take place
exclusively in a federal court located in the State of California.
16. Amendments. This Agreement may not be varied, modified, renewed, or revoked, unless
agreed to by both Parties, made in writing and signed by both Parties, by a person in
authority to contractually bind and sign on behalf of such party.
Page 5 of 5
17. Severability. If any provision of this Agreement is held by a court to be unlawful,
unconscionable, invalid, unenforceable, or in conflict with any rule or law, statute,
ordinance, or regulation, it is to be severed so the validity and enforceability of the
remaining provisions are not affected.
18. Entire Agreement. This instrument contains the entire and only agreement between the
Parties and supersedes all pre-existing agreements between them respecting its subject
matter. Any representation, promise, or condition in connection with the subject matter
not incorporated in this Agreement shall not be binding upon either party.
The Parties have caused this Agreement to be executed the day, month and year first
written above by the signatures of each party below:
ARTIST NAME: ARTIST ADDRESS:
__________________________ ____________________________________________________
ARTIST SIGNATURE: DATE:
__________________________ _______________________
CALTRANS REPRESENTATIVE NAME AND TITLE:
___________________________________________________________________
CALTRANS REPRESENTATIVE ADDRESS:
___________________________________________________________________
CALTRANS RESPRESENTATIVE SIGNATURE: DATE:
______________________________________ _______________________
APPROVED AS TO LEGAL FORM BY:
_____________________________________ ________________________________ _____________
CALTRANS ATTORNEY NAME AND TITLE CALTRANS ATTORNEY SIGNATURE DATE
We are writing to express our interest in The Chestnut Avenue Community Enhancement Project and the exciting possibilities it
presents for enhancing public spaces and fostering community engagement. Our interest in this project stems from our vision of how
art can serve as a catalyst for placemaking, enriching public experience by establishing visual connections between neighboring
communities.
Approaching this project, we are committed to immersing ourselves in the community, to best learn its history, current dynamics, and
future aspirations. Central to our approach is active involvement of the public in the creative process.
We prioritize community participation, seeking to engage individuals in both the creation and stewardship of the artwork. Our
objective is to conceive and realize pieces that seamlessly integrate into their surroundings, provoking thoughtful contemplation. We
firmly believe that a successful public artwork is born from a project designed in harmony with the established objectives within the
community.
Our portfolio reflects a diverse array of enduring, low-maintenance, and weather-resistant permanent artworks, aligning with the
requirements outlined in the project specifications. With prior experience in transportation-related projects, we possess a nuanced
understanding of the specific demands this project entails and its requested timelines.
We appreciate the opportunity to present our work and methodology for this call. We look forward to the possibility of contributing to
The Chestnut Avenue Community Enhancement Project.
Thank you for your consideration.
Sincerely,
Freyja Bardell
Greenmeme
freya.greenmeme@gmail.com
Statement of Interest.
1
Christopher Puzio | 2694 Main Street, San Diego, CA 92113 | 858-245-3437 | chris@puzio.com
Education
Cranbrook Academy of Art, M. Arch. 2002
Boston Architectural College, B. Arch. 1996
Residencies
Penland School of Crafts 2024
Penland School of Crafts 2023
Haystack Mountain School of Crafts 2018
Solo Exhibitions
Black Mountain, Lazy Eye Gallery, Yucca Valley, CA 2023
New Sculpture, Quint Contemporary Art, San Diego, CA 2022
Material Reconnaissance, Sasaki, Boston, MA 2019
La Jolla Duomo, Quint Contemporary Art, San Diego, CA 2016
Pattern & Structure, San Diego Central Public Library, San Diego, CA 2015
Spatial Effects, Unisource, San Diego, CA 2012
Sketch, Prototype, Test, Agitprop Gallery, San Diego, CA 2010
New Work: Big Beaver, Luis De Jesus, San Diego, CA 2008
Holy Ghost, University of California Berkeley, Berkeley, CA 2007
Select Group Exhibitions
City of Palm Desert Art in Public Places, El Paseo Exhibition 2021/2022
La Jolla Historical Society, Trifecta, LA Jolla, CA 2021
Quint Contemporary Art, San Diego, CA 2021
Quint Contemporary Art, San Diego, CA 2019
Quint Contemporary Art, San Diego, CA 2018
Quint Contemporary Art, San Diego, CA 2017
AB12 / Abstract San Diego, City College, San Diego, CA 2015
San Diego Art Institute, Winter Exhibition, San Diego, CA 2014
Object Object, Helmuth Projects, San Diego, CA 2014
Quint Contemporary Art, San Diego, CA 2013
Public Art Matters, Woodbury University, San Diego, CA 2013
Quint Contemporary Art, San Diego, CA 2012
Optional Features, Art San Diego 2012 | Contemporary Art Fair 2012
Gothic, Orange County Center For Contemporary Art 2012
MOveMENT, The Metal Arts Guild of San Francisco (MAG) 2011
MATTER, The Bakery Gallery, San Diego, CA 2011
New Contemporaries IV, San Diego Visual Arts Network 2011
Sculpture in the Garden, San Diego Fine Art Society 2011
Here Not There: San Diego Art Now, MCASD 2010
Chair For The Page, Guggenheim Gallery Chapman University 2010
Local Forms that Function, Design Within Reach, San Diego, CA 2007
Juried Biennial, Cannon Art Gallery, Carlsbad, CA 2007
Literary Print in the 21st Century, Cranbrook Art Museum 2004
Detroit Design Show, Detroit Artist Market 2003
Critical Mass, Detroit Museum of New Art 2003
Degree Show, Cranbrook Academy of Art Museum 2002
October 10, 2023
Re: Chestnut Underpass
To Tonya Rodzach and the Selection Committee:
Statement of Interest:
Thank you for inviting me to apply to the Chestnut Underpass Public Art Opportunity. I am an
experienced Artist and Designer with a stellar track record spanning over 35 years. I specialize
in Public Art for Infrastructure, humanizing public spaces for pedestrians and drivers alike,
while promoting wayfinding and civic identity. My work is inspired by nature, viewed through
the lens of technology. My projects reside at the intersection of public art with urban design
and infrastructure, with an emphasis on the environment and contextual design.
Two of my most recent projects, West Glebe and Lakepointe, are inspired by water, seen in
images 1-5, which is relevant to a seaside community like Carlsbad. Also, I share your values
reflecting neighborhood character, referencing history, site, and striving for a sustainable
approach to design and fabrication. Whenever possible, I design with “no waste layouts” and I
use sustainable materials such as weathering steel and LED lighting as illustrated in Uplift and
Schantz, seen in images 6-10 in my submittal. My work brings value to the local community
by promoting their identity, livability, beauty, perceptual experience, and placemaking. Many
of my projects become local landmarks and attract visitors, promoting tourism and economic
development. West Glebe is a good example of this, promoting views to the river, Four Mile
Run, a local environmental feature. It is a community landmark, connecting Arlington, VA,
with the City of Alexandria, VA, linking two diverse communities. Projects like this promote
walking, biking, transportation, diversity, and economic development, enhancing experience
for people of all ages, backgrounds, and abilities, drawing them together at this river crossing,
promoting conversation and connection with each other and the environment. All these
qualities are important ones to explore and promote at the Chestnut Underpass.
Community Engagement:
Community engagement is important to my Public Art practice. Each of my projects is
responsive to the community, stakeholders, and the design team. Community engagement
is shaped to meet the needs of the client and community members, varying from in person
workshops, to online presentations and questionnaires. Often, I will engage the community in
a site review, walking and talking together, to explore opportunities, local resources, and ideas.
To me, community engagement centers around conversation, and each community explores a
different avenue to reach their full potential realized through the project.
Work Experience:
I have collaborated on over 75 projects, over 35 years, across the United States, working with
a variety of professionals, interdisciplinary design teams, cities, and transportation agencies.
I am experienced in all phases of design, engagement, cost estimating, fabrication, and
construction including progressive design build. I bring a wealth of experience, vision, and
enthusiasm to every project. Most of my work is created through interdisciplinary design team
collaborations, as a member of the prime engineering team. This allows for an integrated
approach to the project design and yields more “bang for the buck,” with Public Art realized on
the scale of the Project, integrated with structure, as formliners and railings.
VSSITEWORKS
www.vickiscuri.com
15004 37th Ave. NE
Lake Forest Park, WA 98155
206-930-1769
vicki@vickiscuri.com
WEST GLEBE / DESIGN BUILD
WEST GLEBE / DESIGN BUILD
WEST GLEBE / DESIGN BUILD
COMMUNITY ENGAGEMENT
COMMUNITY ENGAGEMENT
DESIGN TEAM COLLABORATION
October 10, 2023
(Work Experience, continued)
Using this method, my projects are included in the Contract Documents and bid with the
Project. I oversee the work during fabrication and construction. In contrast, Uplift was created
as standalone Public Art Sculpture for a gateway. I held the contract for the work, and I sub-
contracted to JunoWorks for fabrication and through the City of Sacramento for installation.
This method works fine, too. Most likely, if selected, we would employ similar contracting
methods with the City of Carlsbad for the Chestnut Underpass.
I can meet the demands and schedule for this Project, with construction concluding between
March and July of 2025. There is ample time to design and fabricate work for this Project. I will
work with the City and the Transportation Design Team to schedule my work accordingly. I am
flexible. I do not see any issues with the current completion schedule. The design work can
start immediately, once an Agreement is in place.
I thank you for inviting me to apply for the Chestnut Underpass Project. I will look forward to
learning more about this opportunity and to the possibility of interviewing with you.
Many thanks,
Vicki
VSSITEWORKS
www.vickiscuri.com
15004 37th Ave. NE
Lake Forest Park, WA 98155
206-930-1769
vicki@vickiscuri.com
LAKEPOINTE
LAKEPOINTE
UPLIFT
UPLIFT
SCHANTZ
SCHANTZ WEST GLEBE
Vicki Scuri
Interdisciplinary Design & Public Art Specialist
206 930 1769 cell vicki@vickiscuri.com
vickiscuri.com
15004 37th Avenue NE
Lake Forest Park, WA 98155
Image 1
Image 2
Image 4
Image 5
Images 1-3: West Glebe Bridge, Arlington, VA
Date: 2021-2023 (built)
Construction Budget: $800,000 for Public Art Amenity
Materials: Concrete, Steel, Paint, & LED Lighting
Height: 30 Feet, Width: 80 Feet, Length: 156 Feet
Sponsor: Arlington County
Project Team: Vicki Scuri SiteWorks and Alexandr Polzin
Engineer: Corman Kokosing, RDA (Rinker Design Associates)
Role: Vicki Scuri SiteWorks designed easthetic enhanments for the bridge
including patterning for concrete parapets and metal grills and lighting.
(Design Build Collaboration)
The aesthetic components for this rehabilitation project of the West Glebe
Bridge over Four Mile Run take inspiration from the movement of the river.
The patterning for the concrete bridge parapet barriers, and the cut metal
grills that rest on them, features a series of gradating sweeps and dots that
reference the flow of water. The curving forms of the metal grills and their
expressive hole patterns offer views out to the river below. Large scale painted
graphics activate the space under the bridge. Nighttime lighting in the
handrail on the bridge and in the ceiling under the bridge creates a welcoming
experience for those crossing or using the Four Mile Run Trail.
Images 4 & 5: Lakepointe, Covington, WA
Date: 2018-2023 (built)
Budget: N/A
Material: Concrete, Steel, LED Lighting, and Landscaping
Height: 15 Feet, Width: 75 Feet, Length: 2,500 Feet
Sponsor: OakPointe
Project Team: Artist: Vicki Scuri SiteWorks with Alexandr Polzin
Engineer: Transpo Group and PACE, Landscape Architects: David Evans and
Associates, Contractor: Goodfellows Bros
Role: Vicki Scuri SiteWorks is the Design Lead on the Artwork amenity: concrete
patterning, screening and lighting. (Design Team Collaboration)
We enhanced the new Lakepointe development project with custom formliner
relief patterns for both MSE and cast-in-place concrete walls, patterned cut
metal railings that relate to the concrete walls, shaping the form and landscape
of two roundabout center islands, and patterned cut metal landscape screens
to activate these roundabout islands. These screens will be illuminated at night
and serve as entry beacons to the development. They carry a dynamic pattern
of sweeping curves that relates to the patterning found on the concrete
walls and railings. The ripple patterns of water inspired this patterning. The
site abuts a local creek and will have a dramatic lake feature. Our patterning
reinforces this water-theme identity across many materials and scales.
Image 3
~SITEWORKS
VISION+SITE
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Vicki Scuri
Interdisciplinary Design & Public Art Specialist
206 930 1769 cell vicki@vickiscuri.com
vickiscuri.com
15004 37th Avenue NE
Lake Forest Park, WA 98155
Image 6
Image 7
Image 9
Image 10
Images 6-8: “Uplift” N 12th St., Sacramento, CA
Date: 2021-2022 (built)
Construction Budget: $350,000 for Sculpture
Materials: Weathering Steel, Concrete, and LED Lighting
Height: 36.5 Feet, Width: 12 Feet, Length: 12 Feet x 2 Sculptures
Sponsor: Sacramento Office of Arts + Culture, Art in Public Places Program
Project Team: Artist: Vicki Scuri SiteWorks with Alexandr Polzin
Fabricator: JunoWorks, Installer: Mike Saenz Landscape Construction Company
Role: Artist designed these sculptures in collaboration with JunoWorks, the
fabricator, and Craft Engineering. Work was installed by Mike Seanz, contracted
through the City of Sacramento, CA. (Public Art Commission)
“Uplift,” symbolizes a positive transformational change, implying
metamorphosis and renewal of spirit. Each sculpture is created by two
intersecting wing shapes, which form a self-supporting structural core. Our
work symbolically frames the city, with the arcs of the wings suggesting a
view portal to the City of Sacramento and to the River District, with a shift of
position. This gateway sculpture, on the scale of the site, can be viewed and
appreciated from multiple locations. Made from pattern-cut weathering steel,
these two sculptures feature a butterfly inspired theme and are illuminated at
night by LED lighting.
Images 9 & 10: Schantz Avenue Bridge, Kettering, OH
Date: 2017-2021 (built)
Construction Budget: $350,000 for Enhancements including Lighting
Materials: Weathering Steel, Concrete, Paint & LED Lighting
Height: 25 Feet, Width: 100 Feet, Length: 300 Feet
Sponsor: City of Kettering
Project Team: Artist: Vicki Scuri SiteWorks with Alexandr Polzin
Engineers: IBI Group
Role: Vicki Scuri SiteWorks is the Design Lead for the Bridge Artwork,
supported by IBI Engineers. (Design Team Collaboration.)
This project announces the gateway at Schantz Avenue Bridge. This project
is inspired by the “can do spirit” of Kettering, nature, transportation and local
history. The intricate patterning recalls the ornamentation of the historic cash
registers manufactured nearby. The curvilinear forms are inspired by the Art
Deco glass windows of the historic trolley cars that once ran through the site.
These historic pattern precedents inspire butterfly imagery and diamond
patterns, suggesting transformation and strength, becoming an illuminated
beacon for the City Entry.
Image 8
~SITEWORKS
VISION+SITE
wndii~ll'o.«:@llilil
Vicki Scuri
Interdisciplinary Artist & Designer
206 930 1769 cell vicki@vickiscuri.com
vickiscuri.com
15004 37th Avenue NE
Lake Forest Park, WA 98155
EXPERTISE:
Vicki is an Interdisciplinary Artist and Designer with a stellar track record. Her work thrives at the
intersections of Art with Urban Design, Environment and Infrastructure, bridging the gaps between
disciplines to create a more meaningful and engaging public realm. Vicki’s projects are best known for
symbolic pattern work, the play of sunlight and shadow over sculptural form, and her ability to address
the entire site as a canvas. Her practice includes design team collaborations, mentoring interns, public
engagement, public art master planning, and promoting economic development through the Arts.
EXPERIENCE:
Gateway bridges, railings, grills, towers, & sculptures
Streetscapes, pedestrian links & trails
Transit, shelters, paving, windscreens, & medians
Lighting: roadway, pedestrian & signature
Infrastructure walls: custom forms & patterning
Public Art Master Planning, community engagement and public outreach
RECOGNITION (recent / selected)
2023 CODAawards, Top 100 Projects, Merit Award, East Kellogg, Wichita, KS
2022 CODAsummit, Artist’s Showcase, Denver, CO
The Making of Art for Public Places, Part 1, Vicki Scuri, South Bellevue Station Acoustic Panels,
https://www.youtube.com/watch?v=An1BMgEvLqA
2021 Move The Era: Vicki Scuri with Jeanne Acutanza, host: https://buildtheera.com/podcast
2020 CODAsummit: Straight Talk Panel, virtual conference, Madison, WI
CODAawards Top 100 Projects, Aurora Bright Dawn, Seattle, WA
2019 Award of Merit, Illuminating Engineering Society, Macleod Trail, Calgary, AB, Canada
CODAsummit, Artist’s Showcase, El Paso, TX
CODAawards Top 100 Projects, Macleod Trail, Calgary, AB, Canada
“Five-in-Five,” Public Art Network (PAN) Conference, Minneapolis, MN
“Exploring the Impact...Artists in the Field of Transportation, “ PAN Conference, Minneapolis, MN
2018 CEA Award of Excellence in Transportation, Macleod Trail, Calgary, AB, Canada
2017 CODAawards Top 100 Projects, WAM Windscreens, Wichita, KS
2016 2016 CODAworx Year in Review, “Airway Most Visited Project,” Airway, El Paso, TX
2015 2015 Design Arlington Merit Award, Arlington Boulevard, Arlington, VA
CODAawards Top 100 Projects, Airway, El Paso, TX
CODAawards Top 100 Projects, Arlington Boulevard, Arlington, VA
“Best of the Border” Public Art 2014, El Paso Times People’s Choice Award, Airway, El Paso, TX
“Honor Awardee” 2014-15 ACEC/MW Engineering Excellence Award, Arlington, VA
2014 APWA Nevada Chapter Project of the Year, Meadowood Complex, Reno, NV
CODAworx Top 100 Projects, Meadowood Complex, Reno, NV
CODAworx Top 100 Projects, Merit Award, Sand Creek Byway, Sand Point, ID
PROFESSIONAL AFFILIATIONS
Americans for the Arts
International Sculpture Center, Board Member
Women in Transportation
EDUCATION
2013 Certificate /Digital Design University of Washington, Seattle, WA
1980 Master of Fine Arts University of Wisconsin, Madison, WI
1975 Bachelor of Arts University of California, Berkeley, CA
~SITEWORKS
VISION+SITE
VSSITEWORKS
www.vickiscuri.com
PUBLIC ART (recent / selected)
2023-24 Meacham Boulevard, Fort Worth, TX (in design)
Aesthetics: $337,500; Client: City of Fort Worth
Role: Artist will design median sculpture
2021-23 North Cary Parkway, Cary, NC (in design)
Aesthetics: TBD; Client: Town of Cary
Role: Artist designed screens & lighting.
2021-23 West Glebe & Ridge Road Bridges, Arlington, VA (in construction)
Aesthetics: $350,000; Client: Arlington County
Role: Artist designed grills, parapet patterning & lighting.
2017-23 “Branching Out” Purple Line, New Carrollton, MD (in construction)
Aesthetics: $232,500; Client: Maryland Transit Administration
Role: Artist designed glass wind screens for shelter.
2014-23 South Bellevue Station, Bellevue, WA (station opens in 2023) (built)
Aesthetics: $400,000; Client: Sound Transit
Role: Artist designed patterned acoustic panels for guideway.
2021-22 12th Street Gateway Sculpture, Sacramento, CA (built)
Aesthetics: $350,000; Client: City of Sacramento
Role: Artist designed 40’ tall sculptures.
2021-22 Butterfly Screens at The Reach, Columbus, OH (built)
Aesthetics: $175,000; Client: White Castle
Role: Artist designed screens for parking lot.
2019-22 Crabtree Creek Greenway Pedestrian Tunnel Project , Cary, NC (in design)
Aesthetics: TBD; Client: Town of Cary
Role: Artist designed patterning for tile, concrete, railing and lighting.
2018-23 Lakepointe Development, Covington, WA (built)
Aesthetics: NA; Client: City of Covington
Role: Artist designed patterning for landscape screens, concrete walls and lighting.
2017-20 Schantz Avenue Gateway Bridge, Kettering, OH (built)
Aesthetics: $250,000; Client: City of Kettering
Role: Artist designed patterning for screens, tower and lighting.
2007-20 East Kellogg Improvement Projects I & II, Wichita, KS (built)
Aesthetics: $900,000; Client: City of Wichita & KDOT
Role: Artist designed walls, piers, grills and programmable LED lighting.
2017-18 Aurora Ave N Improvement Project, “Bright Dawn”, Seattle, WA (built)
Aesthetics: $197,400; Client: City of Seattle Office of Arts & Culture
Role: Artist designed colorful railing renovation and column graphics.
2016-18 Hagerstown Cultural Trail Railroad Switch Fencing, Hagerstown, MD (built)
Aesthetics: $150,000; Client: City of Hagerstown Department of Engineering
Role: Artist designed laser cut fencing.
2016-18 Merriweather Parking Garage “Rainbow Sunset”, Columbia, MD (built)
Aesthetics: $500,000; Client: The Howard Hughes Corporation
Role: Artist designed facade and graphics.
2016-18 MEDIC “Response”, Charlotte, NC (built)
Aesthetics: $276,000; Arts & Science Council of Charlotte-Mecklenburg
Role: Artist designed illuminated sculptures.
2015-18 Macleod Trail & 162nd Avenue SE Interchange, Calgary, Canada (built)
Aesthetics: $500,000; Client: City of Calgary
Role: Artist designed towers, grills, fencing and programmable LED lighting.
2017 Kinston Trash Trucks, Kinston, NC (completed)
Aesthetics: $20,000; Client: City of Kinston
Role: Artist designed graphic wraps for three trash tucks.
2016-17 Kinston SmART Vision Plan, Kinston, NC (completed)
Budget: $55,000; Client: SmART Kinston and the City of Kinston
Role: Artist authored a comprehensive public art vision plan.
2014-16 WAM Wind Screens, Wichita, KS (built)
Aesthetics: $125,000; Client: Wichita Art Museum
Role: Artist designed three sculptures for the museum’s Art Garden.
15004 37th Avenue NE
Lake Forest Park, WA 98155
206-930-1769
vicki@vickiscuri.com
VSSITEWORKS
www.vickiscuri.com 2011-15 Airway Gateway, El Paso, TX (built)
Aesthetics: $7.5M; Client: City of El Paso, CRMMA & TXDOT
Role: Artists designed artistic wind turbines, LED lighting, planters, and paint.
2011-14 375 East and West Outer Loop, El Paso, TX (built)
Aesthetics: $3M; Client: City of El Paso, CRMMA & TXDOT
Role: Artist designed concrete wall patterning.
2004-14 Arlington Boulevard, Arlington, VA (built)
Aesthetics: $800,000; Client: Arlington County
Role: Artists designed concrete wall patterning, cut metal grills and LED lights.
2007-13 I-580/Meadowood Complex, Reno, NV (built)
Aesthetics: $800,000; Client: RTC Washoe County
Role: Artist designed concrete wall patterning, beacon towers and LED lights.
2010-12 I-10 Aesthetic Master Plan, El Paso, TX (completed)
Client: CRRMA, TxDOT, City of El Paso
Role: Artist authored a comprehensive public art renovation master plan.
2009-12 Eight Mile Road, Stockton, CA (built)
Aesthetics: $800,000; Client: City of Stockton
Role: Artist designed concrete wall patterning and cut metal fencing.
2009-12 Blossom Hill Pedestrian Bridge, San Jose, CA (built)
Aesthetics: $200,000; Client: VTA, City of San Jose
Role: Artist designed bridge fencing, lighting and pier patterning.
2001-12 Sand Creek Byway Project “Green Ribbon”, Sandpoint, ID (built)
Aesthetics: $1M; Client: Idaho Transportation Department
Role: Artist designed MSE green walls, park landscaping and entry landmarks.
PRINT, MEDIA & BLOGS (recent / selected)
2023 NBC Washington. “West Glebe Road Bridge connecting Arlington and Alexandria reopens.”
nbcwashington.com. September 12, 2023.
2022 Forecast Public Art. “Partner We Love”. FORWARD. Issue #5 Housing. November, 2022.
Taylor, Brianna. “What are the new 40-foot sculptures in Sacramento’s River District? Here’s why
they’re here.” The Sacramento Bee. September 16, 2022.
Mascarenas, Xavier. “Drone Video New 40-ft sculptures in River District, part of Sacramento’s
Metamorphosis.” The Sacramento Bee. September 15, 2022.
“Two New 40-Foot Sculptures Installed in the River District.” Sacramento City Express.
September 14, 2022.
2020 Lahman, Jason. “The Alchemy of Vicki Scuri SiteWorks.” CODAmagazine: The Art of
Transportation II, November 2020.
City of Kettering. “Vicki Scuri SiteWorks: Schantz 2020.” Play Kettering/YouTube. Sept 18, 2020.
Roe, Jon. “Three Calgary public art installations nominated for international design award.”
Calgary Herald. June 19, 2020.
Powell, Lisa. “Stunning Steel Installation is Kettering’s new gateway.” Dayton Daily News.
May 7, 2020.
2019 CODAworx. ”Aurora ‘Bright Dawn.’” CODAmagazine: The Art of Transportation. June, 2019.
2018 Stradling, Richard. “These new bridges over Capital Boulevard will be works of art.” The News
and Observer. February 1, 2018.
2017 Michaels, Andrew. “Columbia parking garage is artist’s canvas.” Baltimore Sun. August 9, 2017.
Potter, Sara. “Downtown Kinston: Your opinion is being requested.” The Free Press. June 5, 2017.
Metcalf, Andrew. “Purple Line Art Submissions Unveiled.” Bethesda Magazine. April 25, 2017.
2016 Gillespie, Alison. “These Creative Wind Turbines Will Have You Rethinking What You Know About
Wind Power.” Smithsonian.com. January 12, 2016.
2015 Sullivan, Jordan. “Vicki Scuri: A bright future for pubic art.” Philips Lighting Blog. Oct 26, 2015.
CODAworx. “Project: Arlington Boulevard.” CODAmagazine: Technology + Art. October, 2015.
Shaar, Deborah. “Wichita’s Art Museum’s Art Garden Opens Saturday.” KMUW. Sept 24, 2015.
“Arlington Boulevard Reflects Grace and Beauty.” Scott System Informer. Fall 2015.
CODAworx. “Project: Sand Creek Byway.” CODAmagazine: Earth and Urbanism. July, 2015.
“Project: Sand Creek Byway.” Codamagazine: Earth & Urbanism, July, 2015.
McIntyre, Maureen. “Public Arts Meets Sustainability in Texas.” Solar Today. May/June 2015.
“’Airway’ El Paso, TX.” Land Art Generator Initiative. June 4, 2015.
15004 37th Avenue NE
Lake Forest Park, WA 98155
206-930-1769
vicki@vickiscuri.com
PUBLIC ART (selected, continued)
REFERENCES
1) Kris Krider: 703-258-4687 cell; 571-882-0845; 228-3310 work; kkrider@arlingtonva.us
County Architect, Urban Design Supervisor
2100 Clarendon Boulevard, Arlington, VA 22201
Project: Arlington Boulevard
Client: Arlington County & VDOT
Prime: Kokosing
Artist: Vicki Scuri SiteWorks
Aesthetic Enhancements: $800,000
The aesthetic components for this rehabilitation project of the West Glebe Bridge over
Four Mile Run take inspiration from the movement of the river. The patterning for the concrete
bridge parapet barriers, and the cut metal grills that rest on them, features a series of gradating
sweeps and dots that reference the flow of water. The curving forms of the metal grills and
their expressive hole patterns offer views out to the river below. Large scale painted graphics
activate the space under the bridge. Nighttime lighting in the handrail on the bridge and in the
ceiling under the bridge creates a welcoming experience for those crossing or using the Four
Mile Run Trail.
2) Donald Gensler: 916.955.4564 cell; 916.808.8493 work; dgensler@cityofsacramento.org
Public Art Manager, Sacramento Metropolitan Arts Commission
915 I Street, 3rd Floor
Sacramento CA 95814
Project: Uplift
Client: City of Sacramento
Artist: Vicki Scuri SiteWorks
Fabricator: JunoWorks
Art Budget: $350,000
“Uplift,” symbolizes a positive transformational change, implying metamorphosis and
renewal of spirit. Each sculpture is created by two intersecting wing shapes, which form a self-
supporting structural core. Our work symbolically frames the city, with the arcs of the wings
suggesting a view portal to the City of Sacramento and to the River District, with a shift of
position. This gateway sculpture, on the scale of the site, can be viewed and appreciated from
multiple locations. Made from pattern-cut weathering steel, these two sculptures feature a
butterfly inspired theme and are illuminated at night by LED lighting.
3) Barbara Luecke: 206.388.7439 cell; 206.398.5059 work; barbara.luecke@soundtransit.org
Deputy Director Sound Transit Art Program
401 South Jackson Street
Seattle, WA 98104
Project: South Bellevue Acoustic Panel Patterning
Client: Sound Transit
Artist: Vicki Scuri SiteWorks
Aesthetic Enhancements: $400,000
The South Bellevue Station, sited next to the Mercer Slough, introduces large-scale
infrastructure into a natural setting. Its transit scaled architecture and the noise from the trains
impacts the nearby community. Six to eight-feet tall acoustic panels run along the guide way to
mitigate sound. The leaf inspired patterning for these acoustic panels introduces color, texture
and scale along one thousand feet in front of the station. The patterning transitions in colors
to mark seasons: winter, spring, summer and fall, with the warmth of summer marking the
station entry. Similarly, the leaf inspired column wraps introduce human scale and wayfing to
the 24’ high platform columns. The artwork, inspired by nature, humanizes the infrastructure,
introducing and context sensitive design to the project.
VSSITEWORKS
www.vickiscuri.com
15004 37th Avenue NE
Lake Forest Park, WA 98155
206-930-1769
vicki@vickiscuri.com
REFERENCES
4) Shayna McConville: 937.296.0294 work; shayna.mcconville@ketteringoh.org
Cultural Arts Manager, City of Kettering, Parks, Recreation and Cultural Arts
Rosewood Arts Centre
2655 Olson Drive
Kettering OH, 45420
Project: Schantz Avenue Bridge
Client: City of Kettering
Prime: IBI Group
Artist: Vicki Scuri SiteWorks
Aesthetic Enhancements: $250,000
This project transforms an otherwise standard bridge near the entry to Kettering, Ohio,
into a city gateway marker that can be experienced both entering and leaving the City. This
project is inspired by the “can do spirit” of Kettering, the nature found in the city, the historic
and modern transportation lines at the site, and the local history of the area.
5) Angela Adams, 703-258-4687 cell; 703-228-3553 work; aadams@arlingtonva.us
Public Art Director, Arlington Arts
1100 North Glebe Road, Suite 1500
Arlington, VA 22201
Project: Arlington Boulevard
Client: Arlington County & VDOT
Prime: AECOM
Artist: Vicki Scuri SiteWorks
Aesthetic Enhancements: $800,000
Inspired by the native red bud on site, heart-shaped leaf patterns add pattern and
texture to concrete walls and to two city entryway bridges at Courthouse Road and 10th Street.
Bridge spans are clad with laser-cut leaf patterned grills, LED back illuminated, becoming
landmarks along highway 50.
6) Ben Fyffe: 915.212-1766 work; fyffebe@elpasotexas.gov
Assistant Director
City of El Paso Museums and Cultural Affairs Department
400 West San Antonio, Suite A
El Paso, TX 79901
Projects: Airway & 375 Outer Loop
Client: City of El Paso, CRRMA, TXDOT
Prime: TxDOT
Artist: Vicki Scuri SiteWorks
Aesthetic Enhancements: $7.5M Airway; $4M 375 Outer Loop
Airway: This project renovates existing infrastructure, creating a gateway to the El Paso
International Airport and to Downtown El Paso. It suggests flight and movement, created by an
array of illuminated vertical wind turbines with custom armatures, geometric sculptures, and
arcs of native plants.
375: The Outer Loop links East and West El Paso with a spine flanked by frontage roads
that lead into neighborhoods and businesses. The work is a sequential ribbon of faceted and
undulating pattern motifs based on geometric mountain forms and the local diamond back
rattler in 2” light-capturing relief.
VSSITEWORKS
www.vickiscuri.com
15004 37th Avenue NE
Lake Forest Park, WA 98155
206-930-1769
vicki@vickiscuri.com
ARTIST’S STATEMENT
I am an Interdisciplinary Artist and Designer with a stellar track record spanning over 35 years. My work
is inspired by nature, viewed through the lens of technology, connecting human nature with nature. My
work thrives at the intersections of Art with Urban Design, and Environment, bridging the gaps between
disciplines to create a meaningful and engaging public realm.
My projects are best known for symbolic pattern work, the play of sunlight and programmable LED
lighting over sculptural form, and my ability to engage the site contextually. My projects are fabricated
in a variety of materials, most often including steel, concrete, polycarbonate, and programmable LED
lighting. My works are layered in meaning, inviting multiple views and sustained interest. I excel in
collaborations with professionals and communities of different backgrounds than my own, promoting
thoughtful, expansive dialogue and discovery. I am a good communicator and I have the ability to
build consensus among diverse groups by distilling information and revealing human core values that
transcend, age, race, or wealth. My community engagement process is interactive, promoting teamwork
and creative activities through hands-on workshops and site explorations. I succeed in working across
cultural differences by being an authentic advocate for all who I serve, promoting best practices and
holistic design through Public Art.
I am knowledgeable in all phases of design, cost estimating, fabrication, and construction. I am
constantly honing my skills, including a Certificate in Digital Design and Fabrication from the University
of Washington. These digital tools expand my abilities to realize my work on the scale of the city and
to embrace a more experimental process in image and fabrication development. My practice includes
design team collaborations, site specific installations, mentoring interns, public engagement, and public
art master planning, promoting economic development through the Arts.
I am a consummate professional who energizes my work and the people around me through my
enthusiasm for creating more livable, beautiful and sustainable communities.
“Ms. Scuri –
Your work in Arlington is beautiful. Thank you. It’s a soothing tonic in what can only otherwise be
called a grueling and thankless commute home-until now. It just made me smile when I saw it.
This is what public art should do.”
– Ray, an Arlington citizen
PROFESSIONAL AFFILIATIONS
Americans for the Arts
International Sculpture Center, Board Member
Women in Transportation
MILESTONES
2013 Digital Design & Fabrication Certificate, UW, Seattle, WA
1985-present Vicki Scuri SiteWorks
1985-1988 Downtown Seattle Transit Project, Seattle, WA
1980-1985 Assistant Professor, Whitman College, Walla Walla, WA
1980 MFA Printmaking, UW, Madison, WI
1977 Atelier 17/ Stanley William Hayter, Paris, France
1976 Secondary Teaching Credential, UC Berkeley, CA
1975 BA, UC Berkeley, CA
VSSITEWORKS
www.vickiscuri.com
15004 37th Avenue NE
Lake Forest Park, WA 98155
206-930-1769
vicki@vickiscuri.com
Christopher Puzio | 2694 Main Street, San Diego, CA 92113 | 858-245-3437 | chris@puzio.com
Public Collections
City of Palm Desert Art in Public Places
San Diego Central Public Library
Daimler Chrysler Collection
Public Art Commissions
Art in Public Places Brea California, Brea, CA 2023
Art in Public Places Brea California, Brea, CA 2022
LAX 5959, Los Angeles, CA 2019
Jefferson Stadium Park, Anaheim, CA 2019
Bloc: Lane Field South, San Diego, CA 2018
Cerritos Trees, City of Cerritos, CA 2016
Hilton Harborview Hotel, San Diego, CA 2016
San Diego County Library, Alpine, CA 2016
HUB Hillcrest, San Diego, CA 2014
La Jolla Crossroads, La Jolla, CA 2014
You Are Here, San Diego, CA 2013
Tom Ham’s Lighthouse, San Diego, CA 2013
Higuera Garage, Culver City, CA 2013
Steelhouse Offices, Culver City, CA 2013
Seattle Office of Arts and Cultural Affairs, Artist Registry 2011-12
San Francisco Arts Commission, Bay Area Artist Registry 2011-12
John Wayne Airport, Orange County, Terminal C, short-list 2011
San Diego County Operations Center, San Diego, CA 2010
City of Greeley Public Art, Sculpture on Loan 2010
Miami-Dade Fire Rescue Headquarters, short-list 2010
Alameda County Arts Commission, Site-specific Artist Registry 2010
Private Commissions
Life Science Properties, San Diego, CA 2022
Naval Air Weapons Station (NAWS) China Lake, CA 2022
Davies Residence, La Jolla, CA 2021
Jacobs Residence, La Jolla, CA 2021
Alexandria Real Estate Equities HQ, Los Angeles, CA 2019
Culture Yard, Irvine, CA 2019
SLS Las Vegas, Las Vegas, NV 2019
Fort Stockton, San Diego, CA 2018
LOT Cinema, La Jolla, CA 2015
Dolgen Residence, San Diego, CA 2015
Kassel Residence, San Diego, CA 2015
Kilroy Realty Corp, San Diego, CA 2015
Parallel Capital Partners, San Diego, CA 2015
Search Optics, San Diego, CA 2014
Shaughnessy Residence, San Clemente, CA 2014
Hubbard Residence, La Jolla, CA 2014
The Cresta, La Jolla, CA 2013
The Sanford Consortium for Regenerative Medicine 2012
Christopher Puzio | 2694 Main Street, San Diego, CA 92113 | 858-245-3437 | chris@puzio.com
Bibliography
Galerie, The Creative Minds Issue, Spring 2019
Modern Luxury, Society & Culture - Groundbreaking Art, January 2019
SD Union Tribune, What San Diego’s Art Scene Aspires to Be, Dec 2018
Pacific San Diego, Anticipation Swells, December 2018
Voice of San Diego, Unmasking Public Artists, November 2018
SDVoyager, Meet Christopher Puzio, August 2018
Modern Luxury, 7 Top Art Influencers, December 2016
San Diego Home / Garden, Take A Cue, October 2016
Interiors California, Shape-Shifter, April 2015
San Diego Home / Garden, Stars of San Diego, January 2015
Pacific Magazine, RE: Creation, By Patricia Dwyer, April 2014
New York Times, The 28-Year Plan, By Sarah Amelar, March 19, 2014
Molecular Aesthetics, Peter Weibel, editor, MIT Press 2013
ARUP Connect, Controlled Randomness 2013
San Diego Union Tribune, Island Arbor Dedication, 2013
Riviera Magazine, Art Power, 2012
San Diego Home & Garden, Architectural Digress, 2011
SD Union Tribune, Museum of Contemporary Art: ‘Here Not There’ 2010
Riviera Magazine, All’s Good in the Wood, 2010
San Diego CityBeat Magazine, Mix, Shake, Serve 2009
SD Union Tribune, Ghost Rider & Friends, By Robert L. Pincus, 2008
Riviera Magazine, Designers in Residence, 2007
San Diego CityBeat Magazine, Straight and Simple, 2007
306090 05, Teaching + Building, Princeton Architectural Press, 2003
Hyle 9, Philosophy / Chemistry / Art, University of Karlsruhe, 2003
Lectures
New Sculpture Artist Talk, Quint Contemporary Art, San Diego, CA 2022
Designers In Real Time, San Diego State University 2014
Recent Work, SDMA Contemporary Art Committee 2012
Shop Life, California Polytechnic University, Pomona, CA 2012
My House, Dwell on Design Conference / Dwell Magazine, 2009
Holy Ghost / University of California Berkeley, Berkeley, CA 2007
Constellation of Elements, University of South Florida, Tampa, FL 2006
Teaching
University of San Diego:
ARTV 105 Introduction to Sculpture 2014
ARTV 369 Intermediate/ Advanced Sculpture 2013
Woodbury School of Architecture San Diego:
AR.384.D1 Design Studio 3B: Structure, Systems, Space & Form 2019
AR.384.D1 Design Studio 3B: Structure, Systems, Space & Form 2014
ARCH.281.D1 Design Studio 2A: Program And Spacecraft 2013
ARCH.3708.D1 Furniture Design 2013
ARCH.281.D1 Design Studio 2A: Program And Spacecraft 2012
ARCH.3703.D1 Material Production Studio 2012
ARCH.281.D1 Design Studio 2A: Program And Spacecraft 2011
Christopher Puzio | 2694 Main Street, San Diego, CA 92113 | 858-245-3437 | chris@puzio.com
References
Mark Quint
Quint Contemporary Art
7547 Girard Ave, La Jolla, CA 92037
mark@quintgallery.com
(858) 454-3409
Luis De Jesus, gallery director
Luis De Jesus Los Angeles
2685 S La Cienega Blvd, Los Angeles, CA 90034
gallery@luidejesus.com
(310) 838-6000
Hugh M. Davies, Director Emeritus
Museum of Contemporary Art San Diego
7982 Prospect Pl, La Jolla, CA 92037
(858) 354-9180
Lane Field | Groundswell, 2018 (2) 16’x27’x20’ aluminum, stainless steel, budget 480,000
Lane Field | Groundswell 2018 (2) 16’x27’x20’ aluminum, stainless steel, budget 480,000
La Jolla Crossroads, 2017, 24’ x 24’ x 14’ aluminum, budget 180,000
Island Arbor, 2013, 20’x10’x10’ aluminum, budget 70,000
Fort Stockton, 2019, 9’x60’, stainless steel, budget 100,00
Magnetic Field, 2013, 16’x72’x2, aluminum, budget 200,000
LAX 5959, 2021, 14’x48’,8’, aluminum, budget, 180,000
Gemini, 2023, 18’x18’x10’, 14’x14’x16’, aluminum, budget 180,000
2018 “Wilmington Waterfront Promenade” Port of Los
Angeles: In Development/ Debut Mar 2024
2017 Riverside Roundabout, Faces Of Elysian, Design of 100
foot roundabout, 9 stone sculptures and native plant
landscape. Los Angeles Department of Cultural Affairs, Los
Angeles Department of Transportation, Los Angeles Bureau of
Engineering. Hyphae Design Lab for civil engineering.
2017 Rise and Shine Garden, AC Bilbrew Library, Willowbrook.
Garden includes Gold paint, 10 stainless steel thrones that
wrap the courtyard, in 2 seating zones, concrete planters,
trellis system, curated book cart, tree. Commissioning agent :
Los Angeles County Art Commission
2016 Concrete Wallpaper, crowd sourced imagery collaged
and cut into a steel stencil. Water blasted into two retaining
walls, approx 20’ by 1500’, I-405 Sepulveda Pass Widening
Project, Los Angeles Metro, Kiewit, Budget $450,000. Design
Fee $30,000.
2015 Lupe The Mammoth, A 1:1 scale mammoth sculpture
serves as an entryway to the Guadalupe River trail system,
dimensions 20’L x 7’W x 13’H bent galvanized steel.
Client: San Jose office of Cultural Affairs / Parks and
Recreation Trails Dept, Budget $175,000
Resume
2
STUDIO PROFILE:
Greenmeme is the collaborative art studio of Freyja
Bardell and Brian Howe. Since 2006, they have
specialized in creating public-art sculptures with a strong
emphasis on environmental and social themes. Their
work is rooted in site specificity and community
engagement.
Their sculptures not only enliven public spaces but also
serve as catalysts for conversation, social change, and
unity.
Their collective backgrounds in art, architecture and
environmental science come together to foster unique
approaches to art in public spaces.
PUBLIC ART COMMISSIONS:
2022 CMPD Entry Sculpture Charlotte NC. A 20’ tall sculpture.
sited in the public plaza along 6th st, in front of the new CMPD
headquarters. 2022 Merit Award Winner CODA Awards
2019 West Hollywood / Beverly Boulevard Gathering Place
Project. In Development
Artists partnered with Landscape architects, Land Images to
design a community plaza. Currently In Development.
Studio Profile & Resume
3
SELECTED SHOWS AND GALLERY WORKS
2020 Freyja Bardell “terrarium: sheltering in place” eco
consciousness exhibition juried by Eleanor Heartney.
2019 Szalt Intensive “group performance” Pieter performance space
2017 “Reimagine Everything” exhibition Print by Freyja Bardell,
Metabolic Studio/UCLA
2014
“Stack & Gather” exhibition, Wedge Gallery , Woodbury Sc
hool of Architecture
2013
“Woven Shade Canopy in Healing Garden”, Make Art Wit
h Purpose , UNT College of Visual Arts and Design, Denton, TX
2012
“Wired Wilderness” , 01SJ Biennial , multi media installation,
San Jose City Hall
2011
Robert and Frances Fullerton Museum of Art, Exhibition ”The Blue Tree Project”, San
Bernardino
2010
01SJ Biennial, ”Build Your Own World”, Climate Clock: Wir
ed Wilderness 2D illustrations, San Jose, CA
2009
“Matryoshka”, Go To The Park curated group show. Tempo
rary outdoor art installation for West Hollywood Cultural Affairs. Artist team Freya Bardell and Brian Howe.
2009
“Weaving The Landscape”, International Group Show. Horiz
ons-Recontres Art Nature ,
Project completed June 2009, The Auvergne Regional Cult
ural Affairs, France,
2008 GLOW festival ,
“ Migration of The Marine Tumbleweed”, Floating sculpture, Santa
Monica, CA, Santa Monica Cultural Affairs
2014 The Blue Tree Project, Photography and painting frit fused
into eight 5’ by 5’ glass Art Panels set into a Bus Station, sbX Bus
Rapid transit, CSUSB, under construction, budget $40,000.
2011 Hyperion: Son of Uranus, is a dimensional sewer map, made
from Laser cut recycled road signs. Set on an exterior wall of an
Environmental Learning Center, at the Hyperion Wastewater
Treatment plant. Commissioned by the Departent of Cultural Affairs,
City of Los Angeles and LA BOE.
2011 Wired Wilderness, using nature's pulse to read climate
change, Multimedia installation, Timelapse photography, Etched
plywood panels, San Jose Airport, CA, Nov 2012, budget $60,000.
San Jose Office of Cultural Affairs In Partnership with UC Berkeley.
2011 Chantilly Clad Extension, Planters and Landscape,
Installation included community planting workshops, Arts Council for
Long Beach
2010 Chantilly Clad performance pavilion and canopy,
Commissioning agent: Long Beach Redevelopment Agency, Arts
Council for Long Beach with Community Redevelopment Agency,
Budget $85,000.
2008 Climate Clock: Proposal, Finalist. Awarded $50,000 for
residency to develop concept, San Jose Cultural Affairs. Artist team
Freya Bardell, Brian Howe with Brent Bucknum.
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REFERENCES:
1. Ligeia D. Gorre
Public Art Division
213.202.5546 (p)
Ligeia.Gorre@lacity.org
(Office Hours: Mon - Wed)
City of Los Angeles Department of Cultural Affairs (MS 380)
201 N. Figueroa St. Ste. 1400
Los Angeles, CA 90012
2. Todd Stewart | Program Director, Public Art
ASC. Culture For All.
227 West Trade St., Ste. 250, Charlotte, NC 28202
704.335.3273| todd.stewart@artsandscience.org
ArtsAndScience.org | CharlotteCultureGuide.com
3. Becky Snodgrass - Riverside Roundabout
Program Manager, Public Percent for Art
City of Los Angeles
Department of Cultural Affairs [DCA] Public Art Division
213 202-5519 <becky.snodgrass@lacity.org>
culturela.org
Studio Profile & Resume
PROFESSIONAL ACHIEVEMENTS
Greenmeme has garnered recognition both nationally
and internationally through participation in esteemed
events such as the Zero1 Art and Technology Biennial,
Horizons Arts/Nature Festival, Make Art With Purpose,
and the Glow Festival. In 2013, they established the
Wired Wilderness Artist in Residency program,
showcasing their commitment to fostering artistic
exploration by placing artists within the University of
California Natural Reserve System field stations. Their
contributions have been acknowledged and featured in
various prominent publications, including Landscape
Architect Magazine, Atlas Obscura, The Architects
Newspaper, KCET, Los Angeles Times, New York Times,
Surface Magazine, Detail, Public Art Review, LA Weekly
"People Issue," Transmaterial 1 + 2, and numerous other
esteemed media outlets. Notably, Greenmeme's
dedication to excellence was affirmed through the
reception of the CODA International Public Art Awards in
2017 (Merit winner) within the Transportation category,
and again in 2022 (Merit Award for Institutional Work).
They have been invited to lecture at California
Universities , art centers, high schools and are active
members of their local community arts programs.
Portfolio Image List
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IMAGES 1&2
RIVERSIDE ROUNDABOUT: TRANSPORTATION PROJECT
2018
“Faces of Elysian Valley" is an integrated public artwork,
serving as a symbolic gateway to five surrounding
communities. Utilizing locally sourced California granite, we
devised an innovative sculpting technique, extracting four
sculptures from a single granite block while minimizing
wastage. The outer granite ring, crafted from off-cuts,
functions as a traffic barricade. Sculpture dimensions were
meticulously calibrated based on ideal "visual sightlines"
within a roundabout, guided by Oursten Roundabout
Engineering. Additionally, a stormwater detention landscape
was designed, incorporating permeable, vegetated pavers for
effective runoff management and utilizing water-wise plants
irrigated with reclaimed wastewater in alignment with the local
riparian ecosystem.
Commissioning agent:
City of LA / HNTB engineering
Public art manager:
Ligeia Gorre
Civil Engineering:
Hyphae Design Laboratory / AECOM / CH2M Hill
Fabrication: Coldspring Granite
Installation: Cleveland Marble
Landscape: South Coast Landscape
Medium: Stone, Landscape, LED Lighting, Permeable Pavers,
PV panels,
Dimensions: 100' diameter. Sculptures 8’ - 12’ high
BUDGET: $1.2 Million
IMAGES 3&4
CMPD TRANSPORTATION PROJECT
2022
The project is a close collaboration among police officers,
community members, and Urban Ministry Center
participants in 2018. Utilizing photogrammetry, we
3D-captured the faces of workshop participants, selecting
at random for inclusion in the sculpture. This approach pays
homage to the diverse community members, valuing
community membership over power or prestige. The
foundational sculpture design drew inspiration from a
"Queen" chess piece, symbolizing the City as the "Queen
City." Faces from the community were intricately "carved
into" this base form, creating a dynamic, organic shape that
interacts with changing perspectives, lighting, and weather
conditions. Crafted from 316 Stainless Steel, the sculpture
comprises 2,700 custom-bent ⅛” SS rod pieces forming the
outer shell.
Commissioning agent:
Charlotte, NC Office of Arts and Sciences
Public art manager:
Todd Stewart
Engineering:
NOUS
Fabrication: Project Steel, Hesperia CA
Medium: 316 Stainless Steel
Dimensions: 5' diameter. Sculpture18’ high
BUDGET: $210k
Portfolio Image List
6
IMAGES 5
LUPE
2016
The 'Lupe' sculpture utilizes 78 layers of bent steel pipe,
welded to depict a life-sized Columbian Mammoth at a 1:1
scale. Its dimensions of 12 feet in height and 16 feet in
length allow for various viewing experiences.
This meaningful sculpture commemorates the discovery
of a mammoth adjacent to its site and serves as a
symbolic marker to the popular Guadalupe River bike
trail. Artists collaborated with The Children's Discovery
Museum, Museum of Paleontology, and trail users,
enriching the project's depth and engagement with the
community.
Commissioning Agent: City of San Jose Office of
Cultural Affairs
Project Manager: Edward Henry
Project Administrator: Jennifer Easton, Director, San
Jose DCA
Engineering: CM Peck, Andrew Nasser
General Contractor: Tucker Construction, Inc
Pipe Bending: Paramount Roll and Forming
Fabrication: Project Steel
Galvanizing: Coating by Calwest Galvanizing
BUDGET: $189K
IMAGES 6
A.C. BILBREW LIBRARY
2018
"Rise and Shine" is located within an open courtyard at the
A.C. Bilbrew Library, in the community of Willowbrook, Los
Angeles. The artwork provides a sculptural environment
where functions of seating, landscape and fresh air work to
enhance the daily experience of the library staff and it's
users. Contrary to the interior spaces, the site allows for
higher levels of activity and sound, encouraging unique
programming opportunities. We partnered with the library stuff
and Friends of the Library to design programs for the courtyard.
The image shows a program that invites library users to curate
the gold book cart. Other programs have included native plant
workshops, cooking classes, creative expression through
movement and many more "noisy, messy, outdoor" activities.
Site:
A.C Bilbrew Library, Willowbrook, LA
Commissioning agent:
Los Angeles County Art Commission
Engineer:
Michael Ni Associates
Project manager: Erin Harkey and Pauline Kamiyama
Outreach manager: Sara Daleiden
Medium:gold paint perforated stainless panel, concrete
planter,, plants
gold paint.
BUDGET: $83K
Portfolio Image List
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IMAGES 7&8
ENVIRONMENTAL LEARNING CENTER AT THE HYPERION
TREATMENT PLANT
2013
”Hyperion-Son of Uranus”, is an installation for the
Environmental Learning Center at the Hyperion Wastewater
Treatment plant. Processing millions of gallons of waste per
day, it is the last stop for all of Los Angeles County’s waste
before heading out to the ocean. The infrastructure to process
this waste has grown proportionately to development in Los
Angeles over the last 100 years and we wanted to create a
visual time-stamp of where we were at. We created a sculpture
that is a visualization of sewer infrastructure in LA county in
2009, the year of our being commissioned. The south facing
exterior wall is treated as the entirety of LA County, broken
into a grid, proportional to the Thomas Guide. Deformation of
the surface was determined by pipe dimensions within the
wastewater network to determine a new topography for LA,
one based on experiencing the invisible infrastructure beneath
us which handles our waste. Fashioned from recycled street
signs collected from Caltrans over a three year period.
site: The Hyperion Treatment Plant
commissioning agent: City of LA/BOE
project manager: Ligeia Gorre 213.202.5546 (p)
subcontractor: CSM laser cutting, FlixFX
medium: Caltrans road signs
dimensions: 22' high by 35’ wide by 5’ deep
BUDGET: $79K
IMAGES 9&10
BLUETREE PROJECT TRANSPORTATION PROJECT
2014
The Blue Tree project engaged the removal of a tree from the
California State University San Bernardino campus. The loss of
this pine tree had been deemed necessary to develop a new
station on the line of the more efficient sbX Rapid Transit
system. We worked for 8 weeks with art students to document
the tree removal process. Photographs of the tree are printed
into glass windshield panels within the new station. Work
produced with students was exhibited on campus at the Robert
and Frances Fullerton Museum.
site: Cal-State University San Bernardino
commissioning agent: SBX Rapid Transit
project manager: Leslie Elwood
subcontractor: Glasmerelei Peters, Padderborn Germany
medium: Printed Glass Panels
dimensions: 5 Panels at 3’Hx 5’W
BUDGET: $40K
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Outreach Statement:
Riverside Roundabout,
Los Angeles CA 2018
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The nine stone eggs that sit on the roundabout look like they were 3D cut and segmented
into sharply geometric, stacked slices. Inside of each egg is a face, representing an actual
member of the surrounding community, randomly selected from hundreds of participants.
We set up 3D scanning events at the local libraries, street festivals and community
centers, inviting the public to contribute their portraits to the project. Each scan gave us
about a 5 minute opportunity to chat with someone new. Often conversations focused
around art, music,and envisioning its role in the neighborhood.
Outreach Statement:
CMPD Central Police Station,
Charlotte,NC 2022
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The project is symbolic of the close collaboration with police
officers, community members and participants from the Urban
Ministry Center in 2018. The imagery represented in the sculpture
was contributed by community members through a series of
workshops, pop-ups and longer term conversations. The artwork
celebrates the importance of being a member of the community
above any other kind of status.
Faces of those who participated in our workshop were 3D captured
through pop-up photograph booths. 3d scans of participants were
chosen at random to be featured in the sculpture, giving tribute to
the diverse cross-section of those who define the community. By
connecting all these portraits you get this kind of unified whole, like
a neighborhood.
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Outreach Statement:
Various Projects
We have a wide array of community engagement strategies and
are always working on inventing news ways to connect with
community.
Here are a few examples including listening, documenting, art
making, food sharing, story telling, walks, game, imaginative play.