for the BERKELEY MARINA , 2009-10

Discussion points for Site Walk meetings:  Saturday, 10 AM, 7 March 2009, and Saturday, 4 PM, 4 April 2009


  1. In words and graphic terms in response to the Call for Artists and to demonstrate a clear understanding of the proposed work, the site and its environment in its relationship to existing public recreational, educational and cultural activities in the Marina and park area.   Proposals should include examples and images of previous work as indicated in the Application form.
  2. Materials to be used:

All materials to be used in the installation shall be clean, either natural or fabricated, free from contaminants, toxic materials or components that may be hazardous to humans or other animals, or that may leach into the soil or Bay. 

  1. Landfill site conditions and restrictions on excavation, excessive loading:

      The entire Marina and Chavez Memorial Park is constructed upon landfill, contained within large perimeter earthen and rubble dikes.   The landfill materials throughout the Park are capped with an engineered layer of clay and permeable soils, and are ventilated by a methane gas recovery system still in operation.   The existing paved perimeter pathway, including the artwork site, is generally situated upon structural dike materials which lie beyond the gas recovery vent areas.  

      The clay cap layer must not be excavated for the installation of the proposed artwork project.   Only minor grading of the surface soils at the precise location of the artwork installation may be allowed, to achieve a firm, reasonably undisturbed base for the work to be done.   The existing allowable soil bearing capacity in the area should be suitable for any work envisioned in this instance without additional compacting or other remediation measures.  

      If any portion of existing asphalt paved pathway is to be cut or removed, a transition must be made of appropriate durable materials to ensure a safe and reasonably permanent conforming grade, acceptable to the Marina and Parks Maintenance Division.

  1. Access to the site;  use of heavy equipment; protection of existing pathway paving:

Vehicular access to the site for preparation and installation work shall be coordinated with the Marina Manager and Parks Maintenance Division to ensure safety of park users.   Parking of vehicles onsite must be done carefully to protect areas outside of the installation site, and to avoid damage to designated Protected Natural Areas nearby.    All heavy equipment, including trucks, loaders, backhoes, trailers, forklifts, and similar equipment to be used in the preparation and installation work shall be rubber-tired vehicles only.    Steel track laying equipment shall not be allowed.   The existing asphalt paved road and pathway shall be protected against damage by vehicle usage, transporting of materials, and excessive loading.   Damage to the paved road and pathway caused in the course of this installation shall be repaired by the artist or artist team to the satisfaction of the Marina Manager.  

  1. Hours of operation;  traffic and pedestrian safety measures:

Work on site shall be done within usual working hours, Monday through Friday, and with consideration for the safety of the large number of public users of the Park and perimeter pathway.   The artist or artist team shall provide and maintain barricades, flags, construction area safety warning tape or fencing to prevent unauthorized access to the site or any area that may present a safety hazard to the public.   During the movement of vehicles used in this installation while traversing the public pathway areas, the artist or artist team shall use all due caution and shall employ safety flagpersons to ensure that members of the public are not endangered.   The work area needed for the installation, including storage area for materials and equipment, shall be adequately fenced using temporary construction webbing and safety warning tape, cones and barricades.

  1. Temporary environmental safety measures, erosion control, dust control, cleanup of debris during construction and installation.

In addition to temporary fencing and safety barricades in the area, the artist or artist team shall employ adequate erosion control and dust control measures to prevent contamination of the offshore area and habitat of wildlife in the area.   Debris resulting from site preparation and construction shall be kept under control, and shall be regularly removed from the site to a disposal site approved for the purpose.  Any accumulation of debris, or excess materials that may be hazardous to members of the public users of the Park, or to habitat areas in the vicinity shall be removed promptly by the artist or artist team, otherwise shall be removed by City forces at the expense of the artist or artist team. 

  1. Year-round habitat for numerous birds, ground animals.

In addition to the seasonal habitat of the Western Burrowing Owl population, there are many other birds, ground animals, insects and critters upon which these animals subsist.   Therefore, every effort must be made to minimize the disturbance of the area during the site preparation and installation work.  

  1. Seasonal habitat for Burrowing Owls, approximately November through April.

As noted in the Call for Artists, and in the Project Timeline, work on site will be limited to avoid conflict with the seasonal habitat of the Owls, to the greatest extent possible.  Work must be scheduled accordingly to meet the proposed completion date. 

  1. Relations with members of the public.

While on site, as a representative of the City and the Civic Arts Commission, the artist or artist team shall make every effort to be responsive and courteous in all of the anticipated interactions with members of the public, and shall maintain the highest level of professional standards and care for the environment and for the safety of the general public.

  1. (Contact the Arts Coordinator for insurance limits and license costs.)  Applicants should refer to the City of Berkeley website and Online Service Center, at :,  and click on the Businesses tab for information relating to basic contract documentation, disclosure forms, and business license requirements for doing business with the City.   
  2. Contract price: 

The contract price shall include all costs associated with the design, site preparation, fabrication, transportation and installation of artwork materials, and any and all required insurances, taxes, licenses and permits, and services of sub-contractors as may be required.   The total contract price shall be disbursed according to a progress schedule to be determined by the Arts Coordinator.   The artist or designated team member shall prepare a detailed invoice for work performed and in place, according to the progress schedule, for submittal to the Arts Coordinator.   

Return to Marina Public Art Project 


Applicant Name                                    Signature                                    date