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09-20-2007 (Public Arts Advisory) Agenda Packet Public Arts Advisory Board CITY F WYLIE NOTICE OF MEETING Special Called Meeting Agenda September, 20 2007—6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 2000 Highway 78 North Chair Ashley Burt Board Member Patsy Robertson Board Member Kathryn Welp Board Member Polly Harrison Board Member Kathy Spillyards Board Member Stewart Matthews Board Member Warner Washington Board Member Carole Ehrlich Board Liaison Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wvlietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Chairman and Board request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE DISCUSSION ITEMS A. Enabling Public Arts Ordinance No. 2006-37. (C. Ehrlich,Staff Liaison) B. Discussion of funding through CIP Projects and Donation Acceptance Ordinance No. 2005-57. (C. Ehrlich, Staff Liaison) C. PowerPoint presentation regarding a Public Art Master Plan-including various types of art works. (C. Ehrlich,Staff Liaison) September 20,2007 Wylie Public Arts Advisory Board Special Called Meeting Agenda Page 2 of 2 BUSINESS ITEMS 1. Election of Officers. 2. Consider, and act upon, approval of Wylie Public Arts Advisory Board By-Laws. 3. Consider, and act upon,the appointment of a regular meeting date and time. 4. Consider, and act upon authorizing the staff liaison and purchasing agent to prepare a Request for Qualifications to create a Public Art Master Plan pursuant to Ordinance No. 2006-37, Section 14 (i); for board consideration at the next regular scheduled meeting. ADJOURNMENT CERTIFICATION I cert' that this Notice of Meeting was posted on`` 1144' ,/ay of September, 2007 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas q �r qt Gtc""415l that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City, 4bi�tli4i.vebsit 4 y, ylietexas.gov. Carole E r lc ,City Secretary S m•^ ' C(/ Date Notice Removed P '''',. L I E i I.1� ``````` Public Arts Advisory Board CITY F WYLIE NOTICE OF MEETING Special Called Meeting Agenda September, 20 2007—6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 2000 Highway 78 North Chair Ashley Burt Board Member Patsy Robertson Board Member Kathryn Welp Board Member Polly Harrison Board Member Kathy Spillyards Board Member Stewart Matthews Board Member Warner Washington Board Member Carole Ehrlich Board Liaison Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wvlietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Chairman and Board request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE DISCUSSION ITEMS A. Enabling Public Arts Ordinance No. 2006-37. (C. Ehrlich,Staff Liaison) B. Discussion of funding through CIP Projects and Donation Acceptance Ordinance No. 2005-57. (C. Ehrlich, Staff Liaison) C. PowerPoint presentation regarding a Public Art Master Plan-including various types of art works. (C. Ehrlich,Staff Liaison) September 20,2007 Wylie Public Arts Advisory Board Special Called Meeting Agenda Page 2 of 2 BUSINESS ITEMS 1. Election of Officers. 2. Consider, and act upon, approval of Wylie Public Arts Advisory Board By-Laws. 3. Consider, and act upon,the appointment of a regular meeting date and time. 4. Consider, and act upon authorizing the staff liaison and purchasing agent to prepare a Request for Qualifications to create a Public Art Master Plan pursuant to Ordinance No. 2006-37, Section 14 (i); for board consideration at the next regular scheduled meeting. ADJOURNMENT CERTIFICATION I cert' that this Notice of Meeting was posted on`` 1144' ,/ay of September, 2007 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas q �r qt Gtc""415l that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City, 4bi�tli4i.vebsit 4 y, ylietexas.gov. Carole E r lc ,City Secretary S m•^ ' C(/ Date Notice Removed P '''',. L I E i I.1� ``````` Public Arts Advisory Board CITY OF WYLIE AGENDA REPORT Meeting Date: September 20, 2007 Item Number: A Department: City Secretary (City Secretary's Use Only) Prepared By: Carole Ehrlich Account Code: Date Prepared: 9-14-07 Budgeted Amount: Exhibits: Ordinance No. 2006-37 Subject Enabling Public Arts Ordinance No. 2006-37. Recommendation None Discussion The Wylie Public Arts Program was approved by Ordinance No. 2006-37, on June 13, 2006 by the Wylie City Council. Set out in the Ordinance is the establishment the Public Arts Advisory Board; establishing a method for calculating public art appropriations of capital projects at 1% allocations; duties and responsibilities of the Public Arts Advisory Board, and setting an effective date, and. Approved By Initial Date Department Liaison CE 9-14-07 Page 1 of 1 ORDINANCE NO. 2006-37 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, CREATING A NEW DIVISION OF THE WYLIE CODE OF ORDINANCES; ESTABLISHING A PUBLIC ARTS PROGRAM; AUTHORIZING THE ALLOCATION OF ONE PERCENT OF THE CITY'S CAPITAL IMPROVEMENT PROGRAM PROJECT COSTS FOR PUBLIC ART; ESTABLISHING A METHOD FOR CALCULATING PUBLIC ART APPROPRIATIONS OF CAPITAL PROJECTS; ESTABLISHING A PUBLIC ART PROJECT ACCOUNT; ESTABLISHING A PUBLIC ART ADVISORY BOARD; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City of Wylie is renowned for its historic downtown and cultural heritage; and WHEREAS, the aesthetic nature and charm of Wylie is further enhanced by the arts and an awareness of the visual arts; and WHEREAS, cultural and artistic resources enhance the quality of life for individuals living in, working in, and visiting the City of Wylie; and WHEREAS, public art requires and deserves public funding; and WHEREAS, to further enhance public art in the City, the City Council determines it appropriate to provide a program for the City to require that visual art be included in City public works projects, where applicable, and that a portion of the cost of such project, where applicable,be allocated for the acquisition of visual art. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1. Findings Incorporated. The findings set forth in the ordinance from which this division is derived are incorporated into the body of this division as if fully set forth herein. SECTION 2. Definitions. For the purposes of this division, the following terms, phrases, words and their derivation shall have the meaning given herein: (a) Art or Artwork means work in any permanent medium or combination of media produced by artists, who are generally recognized by critics and peers as professionals of serious intent and substantial ability. For the purposes of this division, the terms art and artwork do not include environmental landscaping or Ordinance No.2006-37 Establishing the Wylie Arts Board and Public Arts Program Page 1 the performing, or literary arts such as dance, music, drama, or poetry unless expressed in a manner defined above. (b) Board when used herein shall mean the Public Art Advisory Board of the City of Wylie,Texas. (c) Board Member when used herein shall mean the members of the Public Art Advisory Board, excluding the City Manager who shall serve as an ex officio member of the board. (d) Capital Improvement Project or CIP when used herein shall mean projects that are funded by the City of Wylie or other government. (e) Capital Project Fund when used herein shall mean funds used for the acquisition of fixed assets or construction of major capital projects not being financed by proprietary or nonexpendable trust funds. (f) City when used herein shall mean the City of Wylie, Texas. (g) City Manager when used herein shall mean the City Manager of the City of Wylie, Texas, or his designee. (h) Enterprise Fund when used herein shall mean funds that are used to account for those operations that are financed and operated in a manner similar to private business or where Council has decided that the determination of revenues earned, cost incurred and/or net income necessary for management and accountability. (i) Wylie Public Art Collection when used herein shall mean all works of art located in the City of Wylie, Texas. (j) Public Arts Master Plan or Plan when used herein shall mean the public arts master plan of the City of Wylie, Texas, as it exists or may exist or may be amended. The public arts master plan shall include guidelines for the systematic selection of pieces of art, project descriptions, budgets, locations of art to be included in public spaces and recommended design approaches. (k) Public Arts Program when used herein shall mean the public arts program of the City of Wylie,Texas. SECTION 3. Establishment of Public Arts Program. The public arts program is hereby established to, among other things, promote and encourage public and private art programs, to further the development and awareness of, and interest in, the visual arts, to create an enhanced visual environment for city residents, to commemorate the city's rich cultural and ethnic diversity, to integrate the design work of artists into the development of the city's capital infrastructure improvements and to promote tourism and economic vitality in the city through the artistic design of public spaces. Ordinance No.2006-37 Establishing the Wylie Arts Board and Public Arts Program Page 2 SECTION 4. Funding for the Public Arts Program. (a) Funding for the public arts program shall be accomplished by annually designating one(1)percent of eligible CIP funding for public art, which may be derived from the city's capital project fund, the enterprise fund and/or grants, but excluding appropriations for underground infrastructure improvements. The one (1) percent allocation shall be calculated based on the total of pre-design, design, and construction costs, less all costs for real property acquisition, demolition, furniture-fixtures-equipment and library books for any given CIP. In addition, the appropriation for the public arts program will be calculated only on the original appropriation for design and construction services, excluding any subsequent amounts appropriated for amendments and change orders. (b) Funds shall be used for the artist fees and costs related to the production and maintenance of artwork. Funds shall not be used for professional graphics, mass produced work, decorative or functional elements designed by a building architect as opposed to an artist commissioned for that purpose, landscape architecture or landscape gardening except where those elements are designed by an artist, and work not produced by a board-approved artist. (c) Appropriations for art shall be made at the same time that the city appropriates funds for the CIP. The City Council may, in its sole discretion, allocate an amount equal to, less than, or in excess of the one (1) percent of the eligible CIP for the City's public arts program. In addition, the City Council may fund, from general revenues or other eligible revenues, as part of the annual budget an appropriation to the public arts program. (d) All monies appropriated for the public arts program purposes shall be transferred into a special, interest-bearing public art project account. As a project account, any funds not expended at the conclusion of the fiscal year will rollover into the following fiscal year. The City Manager will establish appropriate accounting procedures for the public arts program and shall report to the City Council, periodically, regarding the amounts appropriated, encumbered and expended under the public arts program. (e) The involvement of public art in a capital improvement project is optional for capital projects of less than $200,000; however, one (1) percent of the cost of the projects will be retained for public art and these funds will be pooled for other art projects. (f) For all grants sought by the city for CIP's in the amount of $100,000.00 or more, the city departments shall include, in appropriate grant applications, a request that a certain percentage of the grant amount be authorized for art in keeping with the established public arts master plan. All CIP's financed with Ordinance No.2006-37 Establishing the Wylie Arts Board and Public Arts Program Pane 3 grants and/or contributions from private entities and/or public agencies are subject to this division, unless art expenditures are not authorized by the granting or contributing entity. If art projects are expressly excluded, then only the city-funded portion of the CIP would be subject to this ordinance. (g) The City Manager may request that the City Council exclude certain capital improvement projects from the provisions of this ordinance by the passage of a resolution authorizing such a waiver. SECTION 5. Ownership and Maintenance. (a) Ownership of all works of art acquired by the city shall be vested in the City of Wylie which shall obtain title to each work of art. (b) Artists, as part of any contractual agreement with the city for the provision of a work of art, shall be required to submit to the public art advisory board a "Maintenance and Inventory Sheet," including annual cost projections, which details the maintenance and ongoing care of the artwork. SECTION 6. Establishment of the Public Arts Advisory Board. There is hereby created and established within the city the Public Arts Advisory Board for the purpose of, among other things, promoting art, selecting works of art and artists for commissioned pieces of art and implementing the public arts master plan. The board will, among other things, oversee the public arts program and act in an advisory capacity to the City Council. SECTION 7. Number of Members; Appointment; Terms. The members of the board shall consist of seven members, to be appointed by the City Council for a term of two years; provided, however, that the members of the first board to serve shall be appointed so that three (3)members shall serve one (1) year terms and four (4) members shall serve two (2) year terms. It is further provided that no member may serve more than three(3) consecutive terms on the Public Art Advisory Board; provided, however, should a board member's replacement not be qualified upon the expiration of any term of a board member, then that board member shall holdover on the board until a qualified replacement board member has been appointed. In addition to the seven board members, the City Manager shall serve as an ex officio member of the board, but shall have no right to vote on any matter before the board. Each board member shall serve without compensation, but may be reimbursed for actual expenses approved in advance by the City Council. SECTION 8. Board Member's Qualifications. Each board member shall be a qualified voter of the city and shall not be an employee of the city. Each board member shall have any other qualification as the City Council deems necessary and appropriate. Ordinance No.2006-37 Establishine the Wylie Arts Board and Public Arts Proeram Pane 4 SECTION 9. Meetings. The board shall meet at least once each month at such time and place as shall be fixed by the board by its standing rules, which meetings shall be open to the public. Special meetings may be called by the chairperson or by written request sent to the chairperson or vice-chairperson by three members of the board. Minutes shall be kept of all such meetings, and any special meetings, with copies of said minutes and any other reports to be transmitted to the City Council and the City Manager. The board shall have technical and logistical support provided as designated by the City Manager. SECTION 10. Vacancies. When vacancies occur on the board, the City Council shall appoint,by majority vote, a replacement to serve the remainder of the term. SECTION 11. Removal. Each board member serves at the pleasure of the City Council and may be removed at the discretion of the City Council. Board member absences shall be controlled by Article VIII of the City's Charter. SECTION 12. Ouorum; Voting. Four (4) board members shall constitute a quorum of the board for the purpose of conducting its business, exercising its powers and for all other purposes. No action of the board shall be valid or binding unless adopted by the affirmative vote of a majority of those board members present and voting. SECTION 13. Officers. The board shall have a chairperson and vice-chairperson whose terms shall be one year. The chairperson and vice-chairperson shall be elected by the board members. Neither the chairperson nor vice-chairperson shall serve as an officer for more than two (2) consecutive terms. The chairperson shall preside over meetings and shall be entitled to vote upon each issue. The vice- chairperson shall assist the chairperson in directing the affairs of the board. In the absence of the chairperson, the vice-chairperson shall assume all duties of the chairperson. SECTION 14. Powers and Duties. (a) The board shall act principally in an advisory capacity to the City Council and the city staff in any matter pertaining to art. (b) The board may solicit, on behalf of the city, gifts, revenues, bequests or endowments of money and/or property as donations and/or grants from persons, firms or corporations, subject to the guidance, approval and acceptance by the City Council. (c) The board, through its chairperson, shall make both an oral and written report annually to the City Council concerning its activities during the past year and its proposals for the coming year. Ordinance No.2006-37 Rstahlichina the WviiP Arts Rnarrl and Pnhlir Arts Prnoram Pave c (d) The board's authority shall not extend to the direction, supervision, employment, or termination of the city employees. No supervisory power of the board is created. (e) The board will develop, for City Council approval, a set of bylaws governing rules of procedure for their meetings and operation. (f) The board shall not have the power to obligate the city for funds and/or expenditures or incur any debt on behalf of the city. (g) All powers and duties prescribed and delegated herein are delegated to the board, as a unit, and all action hereunder shall be of the board acting as a whole. No action of any individual board member is authorized, except through the approval of the board or City Council. (h) The board shall advise and make recommendations to City Council pertaining to the execution of the public arts master plan. (i) The board shall advise and make recommendations to the City Council pertaining to, among other things, policies and procedures as identified in the public arts master plan; artist selection juries and process; commission and placement of artworks; and maintenance and removal of artworks. (j) The board shall have any other power and/or duty as prescribed and authorized by the City Council. SECTION 15. Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 16. Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 17. Effective Date. This Ordinance shall become effective immediately upon its adoption and publication as provided by law and the City Charter. Ordinance No.2006-37 Establishing the Wylie Arts Board and Public Arts Program Page 6 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS,on this 13th day of June, 2006. Mondy, ayor ATTEST TO: `` 1 • r— —9 Carole Ehrlich, • Secretary _ A- . ... • ........••.s Ordinance No.2006-37 r. ♦ i .1 •i __t:_ �_T___� __.1 T,.L7:_ Ate.,�1�.....-..-.,. PA OP 7 Public Arts Advisory Board CITY OF WYLIE AGENDA REPORT Meeting Date: September 20, 2007 Item Number: B (City Secretary's Use Only) Department: City Secretary Prepared By: Carole Ehrlich Account Code: Date Prepared: 9-14-07 Budgeted Amount: Ordinance No. 2005-57- Exhibits: Funding Chart Subject Discussion of funding through CIP Projects and solicitation of art o behalf of the City, gifts, revenues, bequests or endowments of money and/or property as donations and/or grants. (C. Ehrlich, Staff Liaison) Recommendation Discussion The financial chart for the current CIP projects is listed on the attached sheet. They are only estimates and do not include any changes in construction or exceptions such as FF&E and underground infrastructure improvements or real property acquisition. The funding for all public arts projects are at the sole discretion of the City Council. This estimate does give some idea of the amounts that could be allocated for each project. Article 14 (b) Powers and Duties of the enabling Ordinance stipulates the board may solicit, on behalf of the city, gifts, revenues, bequests or endowments of money and/or property as donations and/or grants from persons, firms or corporations, subject to the guidance, approval and acceptance of the City Council. I have included Ordinance No. 2005-57 which also provide guidance regarding donations. Approved By Initial Date Department Liaison CE 9-14-07 Page 1 of 1 City of Wylie Maximum Revenues Available for Public Art Fund Oct 1,2007 Oct 1,2008 Oct 1,2008 First 1% CO 1% Completion 1% Second 1% Art Fund Projects Issue Art Fund Fire Station Art Fund CO Art Fund Issue Art Fund Totals Totals Streets FM 1378 9,700,000 97,000 0 0 0 0 9,700,000 97,000 Stone Rd-Phase 1 3,250,000 32,500 0 0 0 0 3,250,000 32,500 Stone Rd- Phase 2 1,150,000 11,500 0 0 6,000,000 60,000 7,150,000 71,500 BrownStreet-West 1,220,000 12,200 0 0 7,780,000 77,800 9,000,000 90,000 Brown Street- East 900,000 9,000 0 0 5,400,000 54,000 6,300,000 63,000 Alanis Drive 2,600,000 26,000 0 0 0 0 2,600,000 26,000 Streets Total 18,820,000 188,200 0 0 19,180,000 191,800 38,000,000 380,000 Sidewalks 250,000 2,500 0 0 250,000 2,500 500,000 5,000 Fire Station 3 1,500,000 15,000 2,000,000 20,000 0 0 0 3,500,000 35,000 Community Park 0 0 0 1,495,000 14,950 1,495,000 14,950 Founders Park 5,470,000 54,700 0 0 0 0 5,470,000 54,700 Recreation Center and Parks Admin. 600,000 6,000 0 2,530,428 25,304 9,600,000 96,000 12,730,428 127,304 City Hall Facilities 545,000 5,450 0 3,750,322 37,503 8,100,000 81,000 12,395,322 123,953 Library Facilities 8,140,000 81,400 0 3,560,341 35,603 0 0 11,700,341 117,003 TOTAL 35,325,000 353,250 2,000,000 20,000 9,841,091 98,411 38,625,000 386,250 85,791,091 857,911 City of Wylie Maximum Revenues Available for Public Art Fund Oct 1,2007 Oct 1,2008 Oct 1,2008 First 1% CO 1% Completion 1% Second 1% Art Fund Projects Issue Art Fund Fire Station Art Fund CO Art Fund Issue Art Fund Totals Totals Streets FM 1378 9,700,000 97,000 0 0 0 0 9,700,000 97,000 Stone Rd-Phase 1 3,250,000 32,500 0 0 0 0 3,250,000 32,500 Stone Rd- Phase 2 1,150,000 11,500 0 0 6,000,000 60,000 7,150,000 71,500 BrownStreet-West 1,220,000 12,200 0 0 7,780,000 77,800 9,000,000 90,000 Brown Street- East 900,000 9,000 0 0 5,400,000 54,000 6,300,000 63,000 Alanis Drive 2,600,000 26,000 0 0 0 0 2,600,000 26,000 Streets Total 18,820,000 188,200 0 0 19,180,000 191,800 38,000,000 380,000 Sidewalks 250,000 2,500 0 0 250,000 2,500 500,000 5,000 Fire Station 3 1,500,000 15,000 2,000,000 20,000 0 0 0 3,500,000 35,000 Community Park 0 0 0 1,495,000 14,950 1,495,000 14,950 Founders Park 5,470,000 54,700 0 0 0 0 5,470,000 54,700 Recreation Center and Parks Admin. 600,000 6,000 0 2,530,428 25,304 9,600,000 96,000 12,730,428 127,304 City Hall Facilities 545,000 5,450 0 3,750,322 37,503 8,100,000 81,000 12,395,322 123,953 Library Facilities 8,140,000 81,400 0 3,560,341 35,603 0 0 11,700,341 117,003 TOTAL 35,325,000 353,250 2,000,000 20,000 9,841,091 98,411 38,625,000 386,250 85,791,091 857,911 ORDINANCE NO. 2005-57 AN ORDINANCE OF THE CITY COUNCIL OF WYLIE, TEXAS ESTABLISHING A POLICY REGARDING DONATION ACCEPTANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Wylie, Texas receives offers of donations for various purposes; and WHEREAS, the Wylie City Council wants to adopt a donation acceptance policy that provides a review of the appropriateness and best use of donations; and WHEREAS, the Wylie City Council wants to adopt a donation policy that provides guidance to potential donors as well as City staff on the procedures for accepting donations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: Section 1. That the City Council hereby adopts a policy as it relates to donation acceptance as detailed in Attachment"A". Section 2. That all ordinances of the City in conflict with the provisions of this "-`- ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 3. Should any paragraph, sentence, subdivision, clause, phase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the whole. Section 4. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this 25t''day of October, 2005. 0 a5aCltFl/// ../ `���•,`y . • and , Mayor ATTEST: V i SF AL E Caro a Ehrlich, • Secretary ry 1 E T E ‘,0 Date to be Published in The Wylie News—Novembei/MOM Ordinance No.2005-57 Donation Policy Attachment "A" DONATION ACCEPTANCE POLICY AND PROCEDURES (1) Purpose. The purpose of this policy is to establish procedures for the acceptance of donations to the City of Wylie and specific City departments. A uniform set of procedures shall be followed in acceptance of all solicited or unsolicited donations and proper approval shall be obtained prior to acceptance. All cash, equipment, in-kind services, materials and sponsorships donated to the City of Wylie or City departments shall be accounted for in accordance with the procedures set forth in this policy. (2) Official Acceptance. In order for donations of funds, equipment or in-kind services to be accepted, a formal review as outlined within this policy must be conducted. If it is determined that the donation is not in the best interest of the citizens of the Wylie, the donation shall be refused. (3) Review prior to Acceptance. The City Manager or his/her designee shall review all donations for appropriateness and best use. Acceptance or refusal of donations shall be as determined by the City Manager. The following are criteria which may be applied in determining if a donation is appropriate for acceptance: (a) Is the use of the item or money for a designated purchase consistent with existing City policy,program outcomes and department/city goals? (b) Do restrictions upon the use of the item or funds make it practical to accept? (c) Do restrictions on disposal or retention of the item or funds make it practical to accept? (d) Is required accounting for the item or funds excessively difficult? (e) Would equipment require extensive repair or maintenance, and if so, is maintenance support available? (f) Does use of equipment or materials require the purchase of additional items to be useful? (g) Does acceptance of funds, equipment or in-kind services or materials present a conflict of interest for the City or its employees? Regardless of the value of the donation, if the donor is a contractor, potential contractor or there is reason to believe there may be a conflict of interest, then the City Manager will determine if the gift should be accepted, rejected or submitted to Council for approval. (h) Will the donation result in an increase to the City's budget? Recipients must bear in mind that donations are to be considered one-time supplements to departments and should not be used to develop new programs or services which would require budget supplements from the City in the current or subsequent years. (4) Approval. Donations with a value up to and including $5,000 may be approved by the City Manager. Donations with a value that exceeds $5,000 must be approved by the City Council. (5) Specific Use Donations of Funds. All donated funds which are given for a specific use shall be recorded in such a manner as to easily identify the intended use. Donations shall be receipted by the Finance Department, and a budget notation shall be prepared for all donations in excess of $5,000 specifying the intended revenue and expenditure account(s) to be increased. (6) Memorials, Donations in Honor of Individuals. Donations which are contingent upon recognition of an individual by plaque, sign, or other insignia on City property shall be accepted only after approval of the City Council. The exception being those donations which fall under the Ordinance No.2005-57 Donation Policy criteria of the Park Memorial Dedication Policy approved by the City Council on June 24, 2003 (attached). (7) Donations of Equipment. Donations of equipment will be considered based on program outcomes, department goals and needs. Each donation will be evaluated for usefulness and costs of potential replacement/rental rates will be considered. If there is any question as to the legal owner of the donated item,proof of ownership may be requested. (8) Non-Specific Use Donations. Donors who wish to give a gift which is not specific to a given department may give a gift to the City in general. The City Manager will determine if such gifts should go to a specific department or to a general City donation fund. Once determined, the donated money will be expended either for general purposes, or as a one-time supplement to a departmental operating budget. Approved donations shall be receipted by the Finance Department, and a budget notation shall be prepared for all donations in excess of $5,000 specifying the intended revenue and expenditure account(s)to be increased. (9) Solicitations for Community Events. All solicitations on behalf of the City of Wylie, specific city departments, or which are distributed on the official letterhead of the City, shall be approved by the City Manager prior to solicitation. In-kind contributions and sponsorships for specific events will be treated in the same way as donated funds. (10) Solicitations for City of Wylie Programs. Programs which will involve solicitations for program specific donations and/or in-kind donations (i.e. Reach For a Star) must receive prior approval from the City Manager and may, after approval, establish separate program criteria. If determined necessary by the City Manager, additional review of the proposed program may be required to evaluate potential risk and liability. (11) Acknowledgement and Receipt. A donation receipt form will be completed when donations are received, with the form completed by City staff. The donor shall retain a copy, the director shall be sent a copy and a copy will be sent to Finance. The donor, not staff must place a value on the gift. Ordinance No.2005-57 Donation Policy City of Wylie Parks and Recreation Department MEMORIAL DEDICATION POLICY Approved by City Council June 24,2003 1. The Park Superintendent, or designee, shall have the responsibility for administering the City of Wylie Parks and Recreation Department Memorial Dedication Policy. 2. Under the guidance of the Park Superintendent, Wylie citizens may request the installation of memorial items including but not limited to: trees, landscaping, granite markers,benches, tables, pavilions, playground equipment, and other park-related items. 3. All requests for the installation of memorial items must be accompanied with a complete written description of the item, such as the item dimensions, material of construction, caliper size, mounting requirements, the desired location, the desired time for installation, etc. The Park Superintendent reserves the authority to limit the number, size, type, brand, variety, species, color, location, and date of installation of all memorial items. 4. Prior to installation, all costs associated with the purchase, acquisition, shipping, transportation, mounting, placement, and/or installation of the item shall be paid by the individual requesting the installation of the memorial item. 5. No memorial items shall be installed without the approval of the Park Superintendent. 6. Memorials shall be installed by the Park and Recreation Department employees and/or a Parks and Recreation Department designated contractor only. 7. The Park and Recreation Department assumes no responsibility for any damage, breakage, or vandalism occurring to the item either before, during, or after installation, nor does the Department guarantee the item's maintenance,upkeep, life span, or duration of usefulness. Ordinance No.2005-57 Donation Policy Public Arts Advisory Board CITY OF WYLIE AGENDA REPORT Meeting Date: September 20, 2007 Item Number: 1 Department: City Secretary (City Secretary's Use Only) Prepared By: Carole Ehrlich Account Code: Date Prepared: 9-14-07 Budgeted Amount: Exhibits: Subject Consider and act upon the appointment of a Board Chairman, Vice Chairman, and Secretary for the Wylie Public Arts Advisory Board for a term to begin June 30, 2007 and end June 30, 2008. (C. Ehrlich, Staff Liaison) Recommendation A motion to appoint as Chairman, as Vice Chairman, and as Secretary of the Wylie Public Arts Advisory Board for a term to begin June 30, 2007 and end June 30, 2008. Appoint the Public Arts Advisory Board or their designee as secretary of the board. Discussion Pursuant to Ordinance No. 2006-37, Section 13, The board shall have a chairperson and vice- chairperson whose terms shall be for one year. The chairperson and vice chairperson shall be elected by the board members. The secretary of the board can be a staff liaison or designee who will attend and take minutes of the board meetings. Approved By Initial Date Department Liaison CE 9-14-07 Page 1 of 1 Public Arts Advisory Board CITY OF WYLIE AGENDA REPORT Meeting Date: September 20, 2007 Item Number: 2 Department: City Secretary (City Secretary's Use Only) Prepared By: Carole Ehrlich Account Code: Date Prepared: 9-14-07 Budgeted Amount: Exhibits: Draft Bylaws Subject Consider, and act upon, the approval of the Wylie Public Arts Advisory Board Bylaws and recommend approval by the City Council. Recommendation Motions to approve the Wylie Public Arts Advisory Board Bylaws as presented and recommend approval by the City Council. Discussion Pursuant to Ordinance No. 2006-37, Section 14 (e) Powers and Duties, The board shall develop, for City Council approval, a set of by-laws governing rules of procedure for their meetings and operations. Presented tonight is a draft of the bylaws for your consideration and review. Approved By Initial Date Department Liaison CE 9-14-07 Page 1 of 1 DRAFT ONLY CITY OF WYLIE PUBLIC ARTS ADVISORY BOARD BYLAWS ARTICLE I Name Section 1. The Public Arts Program is hereby established to, among other things, promote and encourage public and private art programs, to further the development and awareness of, and interest in, the visual arts, to create an enhanced visual environment for city residents, to commemorate the city's rich cultural and ethnic diversity, to integrate the design work of artists into the development of the city's capital infrastructure improvement and to promote tourism and economic vitality in the city through the artistic design of public spaces. Section 2. The Public Arts Advisory Board is hereby established to, among other things, promoting art, selecting works of art and artists for commissioned pieces of art and implementing the public arts master plan. The board will, among other things, oversee the publics arts program and act in an advisory capacity to the City Council. Section 3. As authorized by the City Charter, City of Wylie and City Ordinance No. 2006-37, this body shall be known as the Public Arts Advisory Board. ARTICLE II Members Section 1. Number of Members/Qualified Appointment. The Board shall consist of seven (7) members, with the Board members to be appointed by the City Council for a term of two years; provided however, that the members of the first board to serve shall be appointed so that three (3) members shall serve one (1) year terms and four (3) members shall serve two (2) year terms; provided, however, that of the initial appointments made under this Ordinance, shall be for a term commencing on August 22, 2006 and one year terms expiring on June 30, 2007 and two year terms expiring on June 30, 2008. Section 2.Terms. No Board member shall serve for more than three (3) consecutive terms; provided, however, should a Board member's replacement not be qualified upon the expiration of any term of a Board member, then that Board member shall holdover on the Board until a qualified replacement Board member has been appointed. Section 3. In addition to the seven Board members, the City Manager shall serve as an ex officio member of the Board, but shall have no right to vote on any matter before the Board. Each Board member shall serve without compensation, but may be reimbursed for actual expenses approved in advance by the City Council. DRAFT ONLY Section 4. Qualifications. Each board member shall be a qualified voter of the city and shall not be an employee of the city. Each board member shall have any other qualification as the City Council deems necessary and appropriate. ARTICLE III Officers Section 1. The officers of the Board shall be a Chairperson, A Vice-Chairperson and a Secretary. Section 2. Officers shall be elected and take office at the first regular meeting after new Board members have been appointed and sworn in. Section 3. Vacancies in office shall be handled as follows: (a) In the event of resignation or incapacity of the Chair, the Vice-Chair shall become the Chair for the unexpired portion of the term. (b) Vacancies in officers other than the Chair shall be filled for the unexpired term by election from the remaining Public Arts Advisory Board members. Section 4. Duties of the officers shall be as follows: (a) Chair: (i) Preside at all meetings. (ii) Represent the Public Arts Advisory Board at public functions (iii) Appoint special committees. (iv) Assist City of Wylie Staff Liaison in establishing the agenda for each meeting. Agenda items requested by any Board Member will be included. (b) Vice-Chair: (i) Assist the Chair in directing the affairs of the Board and act in the Chair's absence. (c) Secretary: (i) The secretary will be responsible for recording the minutes. Public Advisory Board Bylaws 2 Adopted: DRAFT ONLY (ii) The City of Wylie Staff Liaison will be responsible for distributing minutes to the City Council, Public Arts Advisory Board and City Manager. An official record of attendance will be kept in the minutes. ARTICLE IV Meetings Section 1. The Public Arts Advisory Board shall meet at least once (1) each month at such time and place as shall be fixed by the board by its standing rules, which meetings shall be open to the public. Section 2. Special meetings may be called by the chairperson or by written request sent to the chairperson or vice-chairperson b three members of the board. Minutes shall be kept of all such meetings, and any special meetings, with copies of said minutes and any other reports to be transmitted to the City Council and the City Manager. The board shall have technical and logistical support provided as designated by the City Manager. Section 3. Four (4) board members shall constitute a quorum of the Board for the purpose of conducting its business, exercising its power and for all other purposes. No action of the Board shall be valid or binding unless adopted by the affirmative vote of a majority of those Board members present and voting. Section 4. When vacancies occur on the Board, the City Council shall appoint, by majority vote, a replacement to serve the remainder of the term. Section 5. Each Board member serves at the pleasure of the City Council and may be removed at the discretion of the City Council. Board member absences shall be controlled by Article VIII of the Wylie's Charter. Section 6. Robert's Rules of Order (current edition) shall govern the parliamentary procedure of the Board, in cases to which they are applicable and in which they are not inconsistent with these by-laws. Section 7. The board shall have a chairperson and vice-chairperson whose terms shall be one year. The chairperson and vice-chairperson shall be elected by the board members. Neither the chairperson nor vice-chairperson shall serve as an officer for more than two (2) consecutive terms. The chairperson shall preside over meetings and shall be Public Advisory Board Bylaws 3 Adopted: DRAFT ONLY entitled to vote upon each issue. The vice chairperson shall assist the chairperson in directing the affairs of the board. In the absence of the chairperson, the vice-chairperson shall assume all duties of the chairperson. ARTICLE V Powers and Duties of Board Members Section 1. The Board shall act principally in an advisory capacity to city staff and the City Council in any matter pertaining to art. Section 2. The Board may solicit, on behalf of the city, gifts, revenues, bequests or endowments of money and/or property as donations and/or grants from persons, firms or corporations, subject to the guidance, approval and acceptance by the City Council. Section 3. The Board, through its Chairperson, shall make an oral and/or written report annually to the City Council concerning its activities during the past year and its proposals for the coming year. Section 4. The Board's authority shall not extend to the direction, supervision, employment or termination of Wylie employees. No supervisory power of the Board is created. Section 5. The Board will develop, for City Council approval, a set of by-laws governing rules of procedure for their meetings and operation. Section 6. The Board shall not have the power to obligate the city for funds and/or expenditures or incur any debt on behalf of Wylie. Section 7. All powers and duties prescribed and delegated herein are delegated to the Board, as a unit, and all action hereunder shall be of the Board acting as a whole. No action of an individual Board member is authorized, except through the approval of the Board or City council. Section 8. The Board shall advise and make recommendations to City Council pertaining to the execution of the public arts master plan. Section 9. The Board shall advise and make recommendations to the City Council pertaining to, among other things, policies and procedures as identified in the public arts master plan; artist selection juries and process; commission and placement of artworks; and maintenance and removal of artworks. Section 10. The Board shall have any other power and/or duty as prescribed and authorized by the City Council. Public Advisory Board Bylaws 4 Adopted: DRAFT ONLY ARTICLE VI Committees Section 1. Committees may be appointed for special purposes by the Chair and with the consent of the majority of the Board. All committees will have at least one Public Arts Advisory Board member serving on them. These committees are automatically dissolved upon completion of assignment. Section 2. Progress reports will be given at each Board meeting and a final report on completion of assignments. ARTICLE VII Amendments Section 1. These by-laws may be amended by a majority vote at any regular meeting, provided all members have been notified of the proposed amendments at least three days prior to such meeting. Such amendment would then be subject to approval by City Council. Public Advisory Board Bylaws 5 Adopted: Public Arts Advisory Board CITY OF WYLIE AGENDA REPORT Meeting Date: September 20, 2007 Item Number: 3 Department: City Secretary (City Secretary's Use Only) Prepared By: Carole Ehrlich Account Code: Date Prepared: 9-14-07 Budgeted Amount: Exhibits: N/A Subject Consider, and act upon, the appointment of a regular meeting date and time. Recommendation Motions to approve the regular meeting date of and time of for the Wylie Public Arts Advisory Board. Discussion Pursuant to Ordinance No. 2006-37, Section 9 Meetings; The board shall meet at least once a month at such time and place as shall be fixed by the board by its standing rules, which meetings shall be open to the public. Special meetings may be called by the chairperson or by written request sent to the chairperson or vice- chairperson by three members of the board. Minutes shall be kept of all such meetings, and any special meetings with copies of said minutes and any other reports to be transmitted to the City Council and the city Manager. Approved By Initial Date Department Liaison CE 9-14-07 Page 1 of 1 Public Arts Advisory Board CITY OF WYLIE AGENDA REPORT Meeting Date: September 20, 2007 Item Number: 4 Department: City Secretary (City Secretary's Use Only) Prepared By: Carole Ehrlich Account Code: Date Prepared: 9-14-07 Budgeted Amount: Examples of Master Plans and Exhibits: RFQ's and contracts for same Subject Consider, and act upon, authorizing the staff liaison and purchasing agent to prepare a Request for Qualifications to create a Public Arts Master Plan pursuant to Ordinance No. 2006-37, Section 14 (i); for board consideration at the next regular scheduled meeting. Recommendation Motion to authorize the staff liaison and purchasing agent to prepare a Request for Qualifications to create a Public Art Master Plan pursuant to Ordinance No. 2006-37, Section 14 (i); for board consideration at the next regular scheduled meeting. Discussion Pursuant to Ordinance No. 2006-37, Section 14 (i) Powers and Duties: The board shall advise and make recommendations to the City Council pertaining to, among other things, policies, and procedures as identified in the public arts master plan; artist selection juries and process; commission and placement of artworks; and maintenance and removal of artworks. Attached are examples of Municipal Art Master Plans currently in use and an example of a Request for Qualifications and contract regarding the selection of a consulting firm to create the master plan. Approved By Initial Date Department Liaison CE 9-14-07 Page 1 of 1 illiillIll CITY OF ALLEN REQUEST FOR STATEMENT OF QUALIFICATIONS FOR ARTS MASTER PLAN FOR CITY OF ALLEN RFQ Packages are due at the Office of the Purchasing Manager Allen Civic Plaza, 305 Century Parkway, Allen, Texas 75013 No later than June 30, 2004 @ 2:00 p.m. REQUEST FOR QUALIFICATION (RFQ) The City of Allen will accept written statements of qualifications from recognized public art professionals to prepare an arts master plan for the CITY OF ALLEN, TEXAS. Statement of Qualification Proposals will be received until 2:00 p.m., on Wednesday June 30, 2004, at the Office of the Purchasing Manager Allen Civic Plaza, 305 Century Parkway, Allen, Texas 75013 A Pre-Submittal Conference will be held Thursday,June 17, 2004 at 11:00 a.m. in the City Council Conference Room, City of Allen, Allen Civic Plaza, 305 Century Parkway, Allen, Texas 75013. The City of Allen reserves the right to reject any or all proposals or to waive any informalities in the solicitation. REQUEST FOR QUALIFICATIONS ARTS MASTER PLAN City of Allen, Texas A. BACKGROUND: The City of Allen is requesting proposals from recognized public art professionals to prepare an Arts Master Plan. Allen, Texas, located in Collin County, is one of the fastest growing areas in the United States. Allen has dedicated itself to the development of a quality community with a top- ranked educational system, family-oriented residential areas, innovative recreational facilities and premiere business parks. The community's rapidly expanding population of 64,000, key location just 26 miles north of Dallas and appealing demographic base have helped to attract top technology and telecommunication companies who have found a haven in the pro-business atmosphere. Currently the Allen Arts Alliance, a City Council appointed board, is responsible for advising the City of Allen on all public art projects, grants and performing arts. The Allen Arts Alliance hosts art exhibitions, a summer concert series, a children's art tent at the annual Allen USA Celebration as well as, sponsors the Allen Philharmonic Symphony and various performing arts programs at the local Library and in the schools. The City of Allen's art collection has primarily been acquired through funding from the City's Community Development Corporation which oversees 4B half cent sales tax. The City and the Allen Arts Alliance together with the citizens are taking a proactive approach to its public art by creating a master plan that will emphasize the City's belief that art is an essential ingredient in the landscape of the City and a defining characteristic of our community. We embrace a master plan that will create inviting spaces for our citizens as well as, a destination for visitors. To achieve this, public involvement will be critical and extensive throughout the planning process. B. SCOPE OF WORK: Information Gathering I. Define the context of public art within Allen to include local history, natural features and architectural themes. II. Given existing and planned city facilities and land uses, evaluate and recommend potential locations for public art. Potential sites should be categorized as immediate, short-term and long-term. III. Review existing policies, procedures and ordinances relating to public art. Make recommendations for new or revised policies, procedures and ordinances. IV. Host focus groups to include representatives from Allen Arts Alliance, City Boards and Commissions, City staff and City residents to determine preferences, locations and guidelines for public art. V. Create an inventory of existing public art, both city and privately owned. VI. Identify local and regional arts organizations, events and artists. Development of Master Plan I. Master Plan will include the following: a. Executive summary b. Goals and objectives c. History d. Analysis of existing public art e. Definition of Public Art f. Population and demographics g. Citizen preference h. Recommended funding procedures and sources i. Strategies for public and private partnerships j. Recommendation for commissioning and decommissioning public art k. Site selection criteria 1. Action plan for implementation of master plan (to include short-term, mid-term and long-term plans) m. Appendices including comparative standards from surrounding communities n. Location maps for recommended public art displays (both large and small scale plans) o. Final plan should be formatted for reproduction II. Special Considerations a. Maintenance of public art b. Insurance and liability of public art c. Staffing requirements to administer the public art program d. Gift policies, memorials, etc. C. PROPOSAL INSTRUCTIONS: I. Consultant's/Firm's name, address, telephone and fax numbers, email address and website. II. Firm's background including qualifications and experience of firm and staff to be involved with this project. III. Office location and contact information for each staff member involved in project. IV. Examples of completed projects of similar nature; including agency and project name, timeline, and methods used to solicit public participation. V. Proposed timeline for completing the Arts Master Plan with a start date of September 1, 2004. VI. Briefly discuss how the firm will approach the development of the Arts Master Plan. VII. Discuss the involvement of commissions, boards and city residents. VIII. Outline the key elements of the Plan you propose. Address the extent of the firm's direct involvement in each element as well as, the extent of other consultants or associates involved. IX. Three to five client references. D. SUBMISSION REQUIREMENTS: I. Experience in incorporating local venues in the master plan. II. Ability to build community consensus and public support through an inclusive planning process. III. Ability to incorporate historical and cultural features into recommendations as appropriate. IV. Experience in recommending funding strategies. V. Ability to present, plan and design concepts using accurate, attractive graphics, photographs and drawings. E. SELECTION PROCESS: I. The City of Allen will assemble a committee consisting of City staff, City Council representatives, Parks and Recreation Board representatives and Allen Arts Alliance representatives to review proposals. If necessary the committee will develop a short list of consultants to interview. One consultant will then be selected from the short list. Otherwise, the committee will select one consultant directly from all the submissions. Their selection will then be submitted to the City Council for approval. II. Proposals are due by 2 p.m., CST on Wednesday, June 30, 2004. III. Submit original and nine copies of the proposal to: CITY OF ALLEN PURCHASING DIVISION ALLEN CIVIC PLAZA 305 CENTURY PARKWAY ALLEN, TX 75013 F. SELECTION PROCESS (continued): IV. Proposals will be evaluated upon the following criteria: a. Approach to project. b. Capability of consultant to perform desired work. c. Specialized experience and technical competence of the consultant and its key personnel. d. The consultant's communication skills and the ability to work with a variety of constituents including city staff, advisory boards and councils as well as, citizens within the City. e. A proven track record of successful and responsive community interaction is critical. f. Proposed timeline. g. Client references. G. FEES The proposing firm shall submit a proposed fee schedule with the response to the RFQ. Fees will be negotiated and finalized through the selection process with the finalist. The contract shall be for a fixed price fee. The City will select one qualified proposal to proceed to the competitive oral interview stage of the process. The highest-ranked firm will be notified by telephone to schedule an appearance in which they will discuss their approach to the project in more detail. In the event that from the oral interview, the City discerns that it is in the best interest of the City to consider additional oral interview candidates, it may do so at any time. The City reserves the right to interview any number of candidates and in any order. H. QUESTIONS: All questions regarding this Request for Qualifications should be submitted in writing to: Herbert Miller, Jr. Purchasing Manager Email: hmiller@cityofallen.org All requests for advance site visits should be directed to: Lori Smeby Assistant Director of Parks & Recreation 972-727-0141 Email: 1 smeby(&,,c ityofal len.org ADDITIONAL INFORMATION: Nothing contained in this Request for Qualifications (RFQ) shall create any contractual relationship between the City of Allen and the respondent. Respondents are responsible for any costs incurred in the development and submission of the RFQ or any other presentation in the response of this RFQ. The submission of the RFQ will be interpreted by the City as permission by the respondent for the City to verify all information contained therein. Additional information may be requested from the respondent either verbally or in writing. Failure to comply with such a request will automatically disqualify the respondent from further consideration. The selected consultant shall secure worker's compensation insurance as required by the State of Texas; and shall secure comprehensive general liability insurance coverage as well as, professional liability insurance. The selected consultant will be required to certify compliance with all State of Texas and Federal requirements. CONTRACT FOR A CONSULTANT AN AGREEMENT BETWEEN THE CITY OF ALLEN, TEXAS AND (FIRM) FOR CONSULTING SERVICES FOR - THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN THIS AGREEMENT, entered into as of the 2004, by and between the CITY OF ALLEN, Collin County, Texas, (hereinafter called "City"), and FIRM, (hereinafter called Consultant); WITNESSETH: That, WHEREAS, the City desires to engage the Consultant to render A NOW, THEREFORE, the parties hereby do mutually agree as follows: I. Employment of Consultant: The City hereby agrees to engage the Consultant, and the Consultant hereby agrees to perform the services hereinafter set forth. II. Scope of Services: The Scope of Services related to are attached as Exhibit A. III. Conflict of Interest: The Consultant hereby represents and covenants that neither it nor any of its employees or representatives, has or shall have, directly or indirectly, any agreement or arrangement with any party that would constitute a conflict of interest in regard to the work being performed by the City during the terms of this agreement. Consultant will inform the City of other assignments undertaken on behalf of neighboring communities or governmental agencies that may constitute a conflict of interest. IV. Indemnity and Liability: The Consultant agrees the City of Allen will not be held liable for any personal or real property damages occurring from acts of agents during the tenure of said agreement. V. General Indemnity: The City agrees to indemnify and save Consultant harmless from any and against all losses, claims, demands, damages, and causes of action directly resulting from the negligent acts or omissions of the City, its officers, agents, employees, or subcontractors. Consultant agrees to indemnify and save City harmless from and against all losses, claims, demands, damages, and causes of action resulting from the negligent acts or omissions of the Consultant, its officers, agents, or employees. Such obligations shall not be construed to negate, oblige, or otherwise reduce any other rights or obligations of indemnity which would otherwise reduce any other rights or obligations of indemnity which would otherwise exist as to any part or persons described in this paragraph. Notwithstanding any of the above, the City shall not be liable for any indirect, remote, or consequential damages. VI. Entirety of Agreement: This agreement consists of this document, upon which the parties have affixed their signatures, and those documents specifically incorporated herein by reference. This agreement as so constituted is the entire agreement between the parties, with respect to the subject matter hereof, and supersedes all other previous statement, communications, or agreements, whether oral or written. No modification, alteration, or waiver of any provision hereof shall be binding upon the parties unless evidenced in writing and signed by both parties. VII. Termination of Contract: The City or Consultant may terminate this contract at any time by giving written notice to the other, of such termination and specifying the effective date thereof, at least fourteen (14) days before the effective date of such termination. In that event, all finished or unfinished documents, and other materials, should be at the option of the City to become its property. If the contract is terminated as provided herein, the Consultant fee would be paid in an amount which bears the same ratio to the total compensation as the services actually performed bears to the total services of the Consultant covered by this contract. VIII. Time of Performance:The City requires that the information outlined above be completed according to the schedule included in Exhibit A of the proposal. IX. Compensation: For all items outlined under Scope of Services above, City agrees to pay the amount shown in Exhibit A of the proposal. X. Personnel: The Consultant represents that it has or will secure at its own expense all personnel required to perform the services covered by this contract. XI. Data and Assistance to be Furnished to Consultant: It is agreed that the City of Allen will provide all necessary project information. XII. Ownership and Use of Materials: All materials prepared by the Consultant shall become the property of the City. No such materials shall contain a copyright or statements of ownership. The City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, or other materials prepared under this contract. XIII. Independent Contractor: Consultant certifies that the firm is an independent contractor, and none of its contractors, employees, agents, or independent workmen shall be deemed an employee of the City of Allen for any purpose whatsoever. XIV. Representations: Both the Consultant and the City represent that they have full capacity and authority to grant all rights and assume all obligations that they have granted and assumed under this Agreement. XV. Governing Law: The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties, shall be governed by the law of the State of Texas and any venue for any action concerning this Agreement shall be in Collin County, Texas. XVI. Legal Construction: In the event one or more of the provisions contained in the Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not effect other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. XVII. Subconsultants: The Consultant may employ subconsultants to perform the duties outlined in the scope of services in Exhibit A. All subconsultants must have prior approval of the City before the beginning of work. All subconsultants expected to work on the project shall be listed in the attached proposal. XVIII. Notices: All notices to the parties shall be in writing and shall be sent to the address of the party as it appears in this Agreement. Consultant Owner Authorized Officer Peter H. Vargas, City Manager Address Allen Civic Plaza City, State Zip Code 305 Century Parkway Allen, Texas 75013 IN WITNESS WHEREOF, the parties hereto have affixed their signatures, the date and year first above written. ATTEST: CITY OF ALLEN, TEXAS BY: DATE: CONSULTANT BY: AUTHORIZED OFFICER TITLE: DATE: EXHIBIT A Scope of Services Time Schedule Compensation The undersigned, in submitting this request for qualifications and his endorsement of same, represents that he is authorized to obligate is firm, that he has read this entire request for qualifications, is aware of the covenants contained herein and will abide by and adhere to the expressed requirements. Proposals will be considered as being responsive only if entire Proposal Package, from Cover Page through all Proposal Pages plus any/all attachments, is returned with all blanks filled in. SUBMITTED BY: (OFFICIAL Firm Name) By: (Original Signature)Must be signed to be considered responsive (Typed or Printed Name) (Title) (Date) Remittance Address: (Zip Code) Phone#: ( ) Fax#: ( ) E-Mail Address: GENERAL CONDITIONS OF PROPOSALS 1. REQUIRED INFORMATION: CITY OF ALLEN PROPOSAL PACKETS CONTAIN VARIOUS SECTIONS REQUIRING COMPLETION. THE BID FORM SECTION OF THE BID PACKET MUST BE COMPLETED PRIOR TO THE DATE AND TIME SET FOR PROPOSAL OPENING AND INCLUDED WITH THE PROPOSAL PACKET OR THE VENDOR WILL BE FOUND NON-RESPONSIVE. VENDORS MAY BE REQUIRED TO COMPLETE AND SUPPLY ALL INFORMATION CONTAINED IN THE "SUPPLEMENTAL INFORMATION" PORTION OF THE PACKET AT A DATE AFTER BID OPENING. FAILURE TO COMPLETE "SUPPLEMENTAL INFORMATION" REQUIREMENTS IN A TIMELY MANNER, PRIOR TO COUNCIL AWARD, MAY BE USED BY THE CITY IN DETERMINING A VENDOR'S RESPONSIBILITY. 2. INSTRUCTIONS: THESE INSTRUCTIONS APPLY TO ALL QUOTATIONS AND BECOME A PART OF TERMS AND CONDITIONS OF ANY PROPOSAL PACKET SUBMITTED. 3. THESE GENERAL CONDITIONS APPLY TO ANY PROCUREMENT OF PRODUCT OR SERVICES THAT EXCEED $25,000.00 IN COST. 4. ERROR-QUANTITY: PROPOSAL PRICE MUST BE SUBMITTED ON UNITS OF QUANTITY SPECIFIED, EXTEND, AND TOTAL SHOWN. IN THE EVENT OF DISCREPANCIES IN EXTENSIONS, THE UNIT PRICE SHALL GOVERN. 5. MAKE-MODEL: PLEASE QUOTE AS LISTED OR GIVE EQUAL. IF ITEM OFFERED IS OTHER THAN AS INDICATED, PROPOSER MUST STATE MAKE, MODEL,AND PART NUMBER OF PRODUCT QUOTED. EQUALITY WILL BE DETERMINED BY THE SPECIFICATIONS. 6. SPLIT AWARD: THE CITY OF ALLEN RESERVES THE RIGHT TO AWARD A SEPARATE CONTRACT TO SEPARATE VENDORS FOR EACH ITEM/GROUP OR TO AWARD ONE CONTRACT FOR THE ENTIRE PROPOSAL. 7. ALTERNATE AWARD: THE CITY OF ALLEN RESERVES THE RIGHT TO AWARD A VENDORS PROPOSAL AS AN "ALTERNATE AWARD". THE ALTERNATE VENDOR'S PROPOSAL SHALL REMAIN IN EFFECT FOR THE TERM OF THE AWARDED CONTRACT, SHOULD THE PRIMARY VENDOR BECOME UNABLE OR UNWILLING TO COMPLETE THE CONTRACT TERM, THE ALTERNATE VENDOR WILL BE NOTIFIED IN WRITING OF THEIR OFFICIAL CONTRACT AND START DATE. ALL TERMS AND CONDITIONS OF THE ORIGINAL PROPOSAL WILL REMAIN IN EFFECT. 8. PRICING: PROPOSAL PRICE(S) QUOTED MUST BE HELD FIRM FOR NINETY (90) DAYS TO ALLOW FOR EVALUATION UNLESS OTHERWISE STATED IN THIS DOCUMENT. 9. F.O.B/DAMAGE: QUOTATIONS SHALL BE PROPOSED F.O.B. DELIVERED, MUNICIPAL FACILITY, ALLEN, TX, AND SHALL INCLUDE ALL DELIVERY AND PACKAGING COSTS. THE CITY OF ALLEN ASSUMES NO LIABILITY FOR GOODS DELIVERED IN DAMAGED OR UNACCEPTABLE CONDITION. THE SUCCESSFUL PROPOSER SHALL HANDLE ALL CLAIMS WITH CARRIERS, AND IN CASE OF DAMAGED GOODS, SHALL SHIP REPLACEMENT GOODS IMMEDIATELY UPON NOTIFICATION BY THE CITY OF DAMAGE. 10. INVOICES: INVOICES MUST BE SUBMITTED BY THE SUCCESSFUL PROPOSER, IN DUPLICATE, TO THE CITY OF ALLEN, FINANCE DEPARTMENT, ALLEN CIVIC PLAZA, 305 CENTURY PARKWAY,ALLEN,TX 75013. 11. PAYMENT TERMS: PAYMENT TERMS ARE NET 30 UNLESS OTHERWISE SPECIFIED BY THE CITY IN THIS PROPOSAL PACKET. 12. TAXES: THE CITY OF ALLEN IS EXEMPT FROM FEDERAL MANUFACTURER'S EXCISE AND STATE SALES TAX. TAX MUST NOT BE INCLUDED IN PROPOSAL. TAX EXEMPTION CERTIFICATES WILL BE EXECUTED BY THE CITY AND FURNISHED UPON REQUEST. 13. SPECIFICATION-SAMPLES: ANY CATALOG, BRAND NAMES, OR MANUFACTURER'S REFERENCE IN THIS BID PACKET IS DESCRIPTIVE AND NOT RESTRICTIVE, AND IS USED TO INDICATE TYPE AND QUALITY LEVEL DESIRED FOR COMPARISON PURPOSES UNLESS OTHERWISE NOTED. PROPOSALS ON BRANDS OF LIKE NATURE AND QUALITY MAY BE CONSIDERED UNLESS SPECIFICALLY EXCLUDED. SAMPLES, IF REQUIRED, SHALL BE FURNISHED FREE OF EXPENSE TO THE CITY. SAMPLES SHOULD NOT BE ENCLOSED WITH PROPOSAL UNLESS REQUESTED. 14. DELIVERY PROMISE -PENALTIES: QUOTATIONS MUST SHOW THE NUMBER OF CALENDAR DAYS REQUIRED TO PLACE THE MATERIALS IN THE POSSESSION OF THE CITY. DO NOT QUOTE SHIPPING DATES. WHEN DELIVERY DELAY CAN BE FORESEEN,THE PROPOSER SHALL GIVE PRIOR NOTICE TO THE PURCHASING DIVISION,WHO SHALL HAVE THE RIGHT TO EXTEND THE DELIVERY DATE IF REASONS FOR DELAY APPEAR ACCEPTABLE. DEFAULT IN PROMISED DELIVERY,WITHOUT ACCEPTABLE REASONS, OF FAILURE TO MEET SPECIFICATIONS,AUTHORIZES THE PURCHASING DIVISION TO PURCHASE GOODS ELSEWHERE,AND CHARGE ANY INCREASE IN COST AND HANDLING TO THE DEFAULTING PROPOSER. 15. PACKAGING: UNLESS OTHERWISE INDICATED, ITEMS WILL BE NEW, UNUSED, AND IN FIRST RATE CONDITION IN CONTAINERS SUITABLE FOR DAMAGE-FREE SHIPMENT AND STORAGE. 16. CORRESPONDENCE: THE NUMBER OF THIS PROPOSAL PACKET MUST APPEAR ON ALL CORRESPONDENCE, INQUIRIES, ETC. PERTAINING TO THIS QUOTATION. 17. DELIVERY TIMES: DELIVERIES WILL BE ACCEPTABLE ONLY DURING NORMAL WORKING HOURS AT THE DESIGNATED CITY MUNICIPAL FACILITY. 18. PATENT RIGHTS: THE VENDOR AGREES TO INDEMNIFY AND HOLD THE CITY HARMLESS FROM ANY CLAIM INVOLVING PATENT RIGHT INFRINGEMENT OR COPYRIGHTS ON GOODS SUPPLIED. 19. EVALUATION: RESPONSE TO SPECIFICATION IS PRIMARY IN DETERMINING THE LOWEST RESPONSIBLE PROPOSAL UNLESS THE SPECIFICATION CALLS FOR ANTOHER EVALUSTION METHHOD TO BE USED 20. FUNDING: THE CITY OF ALLEN IS A HOME-RULE MUNICIPAL CORPORATION OPERATED AND FUNDED ON AN OCTOBER 1 TO SEPTEMBER 30 BASIS; ACCORDINGLY, THE CITY RESERVES THE RIGHT TO TERMINATE, WITHOUT LIABILITY TO THE CITY,ANY CONTRACT FOR WHICH FUNDING IS NOT AVAILABLE. 21. ASSIGNMENT: THE SUCCESSFUL PROPOSER SHALL NOT SELL, ASSIGN, TRANSFER OR CONVEY THIS CONTRACT IN WHOLE, OR PART,WITHOUT THE PRIOR WRITTEN CONSENT OF THE PURCHASING DIVISION. 22. INTERLOCAL AGREEMENT: SUCCESSFUL PROPOSER AGREES TO EXTEND PRICES TO ALL ENTITIES WHO HAVE ENTERED INTO OR WILL ENTER INTO JOINT PURCHASING INTERLOCAL COOPERATION AGREEMENTS WITH THE CITY OF ALLEN. THE CITY OF ALLEN IS A PARTICIPATING MEMBER OF THE COLLIN COUNTY GOVERNMENTAL PURCHASERS FORUM. AS SUCH, THE CITY OF ALLEN HAS EXECUTED INTERLOCAL AGREEMENTS, AS PERMITTED UNDER TEXAS GOVERNMENT CODE, CHAPTER 791, WITH CERTAIN OTHER GOVERNMENTAL ENTITIES IN COLLIN COUNTY AUTHORIZING PARTICIPATION IN A COOPERATIVE PURCHASING PROGRAM. THE SUCCESSFUL VENDOR MAY BE ASKED TO PROVIDE PRODUCTS/SERVICES, BASED UPON THE PROPOSAL PRICE,TO ANY OTHER PARTICIPANT IN THE FORUM. 23. AUDIT: THE CITY OF ALLEN RESERVES THE RIGHT TO AUDIT THE RECORDS AND PERFORMANCE OF SUCCESSFUL PROPOSER DURING THE CONTRACT AND FOR THREE YEARS THEREAFTER. 24. INSURANCE: THE CITY REQUIRES VENDER (S) TO CARRY THE MINIMUM INSURANCE AS REQUIRED BY STATE LAWS. 25. PROTESTS: ALL PROTESTS REGARDING THE PROPOSAL SOLICITATION PROCESS MUST BE SUBMITTED IN WRITING TO THE PURCHASING MANAGER WITHIN FIVE (5) WORKING DAYS FOLLOWING THE OPENING OF PROPOSALS. THIS INCLUDES ALL PROTESTS RELATING TO ADVERTISING OF PROPOSAL NOTICES, DEADLINES, PROPOSAL OPENING, AND ALL OTHER RELATED PROCEDURES UNDER THE LOCAL GOVERNMENT CODE, AS WELL AS ANY PROTESTS RELATING TO ALLEGED IMPROPRIETIES OR AMBIGUITIES IN THE SPECIFICATIONS. THE LIMITATION DOES NOT INCLUDE PROTESTS RELATING TO STAFF RECOMMENDATIONS AS TO AWARD OF THIS PROPOSAL. PROTESTS RELATING TO STAFF RECOMMENDATIONS MAY BE DIRECTED TO THE CITY MANAGER. ALL STAFF RECOMMENDATIONS WILL BE MADE AVAILABLE FOR PUBLIC REVIEW PRIOR TO CONSIDERATION BY THE CITY MANAGER. 26. LATE BIDS: BID PACKETS RECEIVED IN THE PURCHASING DIVISION AFTER SUBMISSION DEADLINE SHALL BE RETURNE 27. WITHDRAWAL OF PROPOSALS: A PROPOSAL PRICE MAY NOT BE WITHDRAWN OR CANCELED BY THE PROPOSER FOR A PERIOD OF NINETY(90) DAYS FOLLOWING THE DATE DESIGNATED FOR THE RECEIPT OF PROPOSALS WITHOUT WRITTEN APPROVAL OF PURCHASING MANAGER, AND PROPOSERS SO AGREES UPON SUBMITTAL OF PROPOSAL. 28. PRESENTATION OF PROPOSALS: COMPLETE PROPOSAL PACKETS MUST BE PRESENTED TO THE PURCHASING DIVISION IN A SEALED ENVELOPE. 29. PROPOSALS WILL BE RECEIVED AND PUBLICLY ACKNOWLEDGED AT THE LOCATION, DATE AND TIME STATED IN THE ADVERTISEMENT. PROPOSERS, THEIR REPRESENTATIVES AND INTERESTED PERSONS MAY BE PRESENT. THE PROPOSALS SHALL BE RECEIVED AND ACKNOWLEDGEED ONLY SO AS TO AVOID DISCLOSURE OF THE CONTENTS TO COMPETING OFFERERS AND KEPT SECRET DURING NEGOTIATIONS. 30. CHANGE ORDERS: NO ORAL STATEMENT OF ANY PERSON SHALL MODIFY OR OTHERWISE CHANGE, OR AFFECT THE TERMS, CONDITIONS OR SPECIFICATIONS STATED IN THE RESULTING CONTRACT. ALL CHANGE ORDERS TO THE CONTRACT WILL BE MADE IN WRITING BY THE CITY OF ALLEN. 31. ADDENDA: ANY INTERPRETATIONS, CORRECTIONS OR CHANGES TO THIS PROPOSAL PACKET WILL BE MADE BY ADDENDA. SOLE ISSUING AUTHORITY SHALL BE VESTED IN THE CITY OF ALLEN PURCHASING DIVISION. ADDENDA WILL BE SENT TO ALL WHO ARE KNOWN TO HAVE RECEIVED A COPY OF THIS PROPOSAL PACKET. IF THE ADDENDA CONTAINS CHANGES TO THE "SPECIFICATIONS OR "PROPOSAL FORM", BIDDERS SHALL ACKNOWLEDGE RECEIPT OF ALL ADDENDA OR THEY WILL BE DECLARED NON- RESPONSIVE. 32. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE PROPOSERS: A PROSPECTIVE PROPOSER MUST AFFIRMATIVELY DEMONSTRATE PROPOSER'S RESPONSIBILITY. THE CITY OF ALLEN MAY REQUEST REPRESENTATION AND OTHER INFORMATION SUFFICIENT TO DETERMINE PROPOSER'S ABILITY TO MEET THESE MINIMUM STANDARDS INCLUDING BUT NOT LIMITED TO: A. HAVE ADEQUATE FINANCIAL RESOURCES, OR THE ABILITY TO OBTAIN SUCH RESOURCES AS REQUIRED; B. BE ABLE TO COMPLY WITH THE REQUIRED OR PROPOSED DELIVERY SCHEDULE; C. HAVE SATISFACTORY RECORD OF PERFORMANCE; D. HAVE A SATISFACTORY RECORD OF INTEGRITY AND ETHICS; E. BE OTHERWISE QUALIFIED AND ELIGIBLE TO RECEIVE AN AWARD. 33. CONTRACTOR SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY AND ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES, IN ANY WAY ARISING OUT OF, RELATED TO, OR RESULTING FROM THE PERFORMANCE OF THE WORK OR CAUSED BY THE NEGLIGENT ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES OR ANY OTHER THIRD PARTIES FOR WHOM CONTRACTOR IS LEGALLY RESPONSIBLE (HEREINAFTER "CLAIMS"). CONTRACTOR IS EXPRESSLY REQUIRED TO DEFEND CITY AGAINST ALL SUCH CLAIMS. IN ITS SOLE DISCRETION, CITY SHALL HAVE THE RIGHT TO SELECT OR TO APPROVE DEFENSE COUNSEL TO BE RETAINED BY CONTRACTOR IN FULFILLING ITS OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY CITY, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY CITY IN WRITING. CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, CITY IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY CITY IS NOT TO BE CONSTRUED AS A WAIVER OF CONTRACTOR'S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF CONTRACTOR'S OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS CONTRACT. CONTRACTOR SHALL RETAIN CITY APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF CITY'S WRITTEN NOTICE THAT CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS CONTRACT. IF CONTRACTOR FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD, CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND CONTRACTOR SHALL BE LIABLE FOR ALL COSTS INCURRED BY CITY. 34. TERMINATION FOR DEFAULT: THE CITY OF ALLEN RESERVES THE RIGHT TO ENFORCE THE PERFORMANCE OF THIS CONTRACT IN ANY MANNER PRESCRIBED BY LAW OR DEEMED TO BE IN THE BEST INTEREST OF THE CITY IN THE EVENT OF BREACH OR DEFAULT OF THIS CONTRACT. THE CITY RESERVES THE RIGHT TO TERMINATE THE CONTRACT IMMEDIATELY IN THE EVENT THE SUCCESSFUL BIDDER FAILS TO 1) MEET DELIVERY SCHEDULES OR, 2) OTHERWISE PERFORM IN ACCORDANCE WITH THESE SPECIFICATIONS. BREACH OF CONTRACT OR DEFAULT AUTHORIZES THE CITY TO AWARD TO ANOTHER BIDDER, PURCHASE ELSEWHERE AND CHARGE THE FULL INCREASE IN COST AND HANDLING TO THE DEFAULTING SUCCESSFUL BIDDER. 35. TESTING: TESTING MAY BE PERFORMED AT THE REQUEST OF THE CITY OR ANY PARTICIPATING ENTITY, BY AN AGENT SO DESIGNATED,WITHOUT EXPENSE TO THE CITY. 36. REMEDIES: THE_SUCCESSFUL PROPOSER AND THE CITY OF ALLEN AGREE THAT EACH PARTY HAVE RIGHTS, DUTIES, AND REMEDIES AVAILABLE AS STATED IN THE UNIFORM COMMERCIAL CODE AND ANY OTHER AVAILABLE REMEDY,WHETHER IN LAW OR EQUITY. 37. VENUE: THIS AGREEMENT WILL BE GOVERNED AND CONSTRUCTED ACCORDING TO THE LAWS OF THE STATE OF TEXAS.THIS AGREEMENT IS PERFORMABLE IN COLLIN COUNTY, TEXAS. 38. SILENCE OF SPECIFICATION: THE APPARENT SILENCE OF THESE SPECIFICATIONS AS TO ANY DETAIL OR TO THE APPARENT OMISSION FROM IT OF A DETAILED DESCRIPTION CONCERNING ANY POINT, SHALL BE REGARDED AS MEANING THAT ONLY THE BEST COMMERCIAL PRACTICES ARE TO PREVAIL. ALL INTERPRETATIONS OF THESE SPECIFICATIONS SHALL BE MADE ON THE BASIS OF THIS STATEMENT. 39. NO PROHIBITED INTEREST: PROPOSER ACKNOWLEDGES AND REPRESENTS THAT THEY ARE AWARE OF THE LAWS, CITY CHARTER, AND CITY CODE OF CONDUCT REGARDING CONFLICTS OF INTEREST. THE CITY CHARTER STATES THAT "NO OFFICER OF EMPLOYEE OF THE CITY SHALL HAVE A FINANCIAL INTEREST, DIRECT OR INDIRECT, IN ANY CONTRACT WITH THE CITY, NOR SHALL BE FINANCIALLY INTERESTED, DIRECTLY OR INDIRECTLY, IN THE SALE TO THE CITY OF ANY LAND, OR RIGHTS OR INTEREST IN ANY LAND, MATERIALS, SUPPLIES OR SERVICE...." 40. PREPARATION COST: THE CITY WILL NOT BE LIABLE FOR ANY COSTS ASSOCIATED WITH THE PREPARATION, TRANSMITTAL, OR PRESENTATIONOF ANY PROPOSALS OR MATERIALS SUBMITTED IN RESPONSE TO ANY BID, QUOTATION, OR PROPOSAL. 41. MINOR DEFECT: THE CITY RESERVES THE RIGHT TO WAIVE ANY MINOR DEFECT, IRREGULARITY, OR INFORMALITY IN ANY BID, QUOTATION OR PROPOSAL. 42. RECYCLED/RECYCLABLE PRODUCTS PROCUREMENT POLICY: IT IS THE POLICY OF THE CITY OF ALLEN THAT WHENEVER PRACTICAL, PRODUCTS SHOULD BE PURCHASED WHICH CONTAIN THE HIGHEST PERCENTAGE OF POST-CONSUMER RECOVERED MATERIAL AVAILABLE IN THE MARKETPLACE AND/OR THE HIGHEST PERCENTAGE OF PRE-COMSUMER RECOVERED MATERIAL AVAILABLE IN THE MARKETPLACE. FOR A COMPLETE COPY OF THE "RECYCLED/RECYCLABLE PRODUCTS PROCUREMENT POLICY", CONTACT THE PURCHASTNG DIVISION. 43. NON-RESIDENT BIDDERS: TEXAS GOVERNMENT CODE, CHAPTER 2252, NON-RESIDENT BIDDERS. TEXAS LAW PROHIBITS CITIES AND GOVERNMENTAL UNITS FROM AWARDING CONTRACTS TO A NON-RESIDENT UNLESS THE AMOUNT OF SUCH BID IS LOWER THAN THE LOWEST BID BY A TEXAS RESIDENT BY THE AMOUNT A TEXAS RESIDENT WOULD BE REQUIRED TO UNDERBID IN THE NON RESIDENT BIDDERS STATE. Vendor Number: Entry Date: Bidder/Vendor Application Complete this application and fax or mail to City of Allen,Purchasing,One Allen Civic Plaza,Allen,TX 75013. Fax#972-747-4175 Company Name: Tel: ( ) Mailing Address: Fax: ( ) City: State: Zip: Tax I.D.NO: Remit to Address: City: State: Zip: Representative(s)Name&Title: Type of Organization(check one) Individual: Partnership: Corporation: State of Incorporation: Other: Type of Business(check one)Manufacturer: Wholesaler: Retailer: Broker: Distributor: Service Organization: Other: Name&Title of Person(s)Authorized to Sign Bids, Proposals,and/or Contracts: Small and/or Disadvantaged Business Information(check applicable criteria) Small Business: Disadvantaged Business (At Least 51% Ownership) Less than 50 Black American 51-99 employees Hispanic American Less than $1 million Asian Pacific American annual gross receipts $1-3 million annual Native American gross receipts Women Other Goods and/or Services for which Bidding Opportunities are requested: I hereby certify that the above information is true and correct to the best of my knowledge. Signature: Date: Print Name&Title of Signatory COTY OF A I PUB IL,-© QS7C R iLAH Table of Contents 1. Executive Summary 2. Introduction 3. Administrative Plan • Creation of the City of Allen Public Art Program 1 • Roles and Responsibilities 4 • Sources and Uses of Funds 8 • Annual Public Art Work Plan 10 • Artist Selection 11 • Project Implementation 18 • Public Art Contracts 21 • Gifts or Loans of Artwork 23 • Collection Management 24 4. Projects Plan • Parks,Trails and Greenbelts 2 • Community Use Facilities 9 • Civic Use Facilities 15 • Corridors and Gateways 20 • Central Business District 24 5. Community Programs Plan • Promoting the Public Art Collection 1 • Creating Hands on Encounters with Art 3 • Encouraging Public Art in Private Development 4 Appendices A. Imagine Art Here Workshop Results 1 B. Grant Opportunities 10 C. Allen Public Art Inventory 13 D. Public Art Ordinance 14 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 ECW"_VE SUf_AI Y In 2004,the Allen Arts Alliance,a City Council-appointed commission whose mission is to promote,nurture and celebrate the arts,proposed to the City of Allen that it commission a public art master plan. This plan would investigate developing a public art program to oversee the commissioning of artwork to enhance Allen's public places and infuse culture and beauty into the everyday life of Allen's residents and visitors. In September of 2004,Via Partnership was contracted to develop this master plan in collaboration with City staff and a Public Art Plan Oversight Committee. The resulting plan outlines recommendations for a basic administrative structure for Allen's public art program,potential public art opportunities, and related community programs. Building on Community Strengths Allen,Texas is a community located in a part of the Dallas Metroplex that is undergoing tremendous growth. Through strong leadership and vision,Allen has been able to manage this growth while still maintaining its sense of community and natural environment. Thoughtfully planned public art should be a part of what makes this well-planned community unique and a desirable place to live,work and play. Public art in Allen should build upon the community's strengths: its well-preserved natural beauty;its strong network of parks,trails and recreational opportunities;its well- defined transportation corridors,and its close-knit community. The mission of the City of Allen's Public Art Program,therefore,is to articulate the values and vision of the community by enhancing the aesthetics of the City's civic infrastructure,commissioning site- specific artwork,and creating hands-on encounters with art.Public art projects will be accomplished by working with government partners and encouraging public art in private development. Accountable and Responsive to the Community The Administrative Plan section of the Public Art Master Plan recommends a structure for the public art program. The basic elements of this structure,summarized below and explained in detail in the plan, ensure that the Plan is responsive to the greater Allen community and that those responsible for its implementation remain accountable to its principles.Elements of this structure include: • Creation of the City of Allen Public Art Program-The City of Allen should formally establish the City of Allen Public Art Program by ordinance. This ordinance should outline the basic policies and procedures for the Program. The Program should be the responsibility of the City of Allen Parks and Recreation Department. • Roles and Responsibilities-The City of Allen Public Art Program will be expending City funds on City property,and thus should be established as a responsibility of the City. Ultimately,the City Council will be held accountable for the Public Art Program.Therefore,decisions regarding the Public Art Program should be approved by the City Council. To advise the Council,a citizen Public Art Committee should EXECUTIVE SUMMARY-PAGE 1 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 be appointed. In addition,City staff resources should be deployed to ensure that the Public Art Program is developed and implemented in a professional and fiscally responsible manner. • Sources and Uses of Funds-The City of Allen should enable the Public Art Program through a combination of funding sources. Most public art projects should be funded by establishing a Percent for Art requirement on all new General Obligation Bond funded CIP projects. This Percent would appear separately on the ballot. Funds could be used on both existing and planned City facilities. Grant funds should also be sought to commission permanent and temporary public art projects. The administration of the Public Art Program should be funded through the General Fund and grant funds. • Annual Public Art Work Plan—The City's Public Art Program staff should work closely with other City departments and the Public Art Committee to set program goals for the coming year in the Public Art Work Plan. The Public Art Work Plan should be approved by the City Council and integrated into the City's overall plan and budget for the coming fiscal year.City staff and the Public Art Committee should utilize the 5-year CIP Program Plan as a starting point for creating the Public Art Work Plan. • Artist Selection-When commissioning or purchasing artwork,a competitive artist selection process should be utilized. Allen residents and members of the arts community should be involved in reviewing and making recommendations regarding the selection of artists or artwork as participants of Artist Selection Panels,which will be subcommittees of the Public Art Committee. • Project Implementation-The Public Art Program staff will be responsible for coordinating the work of the artist to ensure the successful integration of the artwork into the project. The City Council will be responsible for approving all artist contracts. The Public Art Committee will advise the Council regarding approval and modifications of the conceptual design. The appropriate Project Manager will be consulted for all matters relating to the review of final design and engineering drawings and the installation of the work. • Public Art Contracts-A contract should be drafted to confirm the agreement between the City of Allen and the artist. The artist will be an independent contractor and in most cases will be responsible for all aspects of the design,fabrication and installation of the work. • Gifts or Loans of Artwork-Private individuals,foundations,corporations or other organizations may wish to give or loan the City of Allen a work or works of art for public display. These gifts and loans can be a great way to enrich public spaces. However,it is important to consider carefully whether the gift or loan meets the mission and goals of the Public Art Program and ensure that the related costs and risks of the gift or loan are understood. • Collection Management-It should be the responsibility of the City of Allen to ensure that the Allen Public Art Collection be properly maintained and preserved,that a periodic assessment of conservation needs be made,and that proper records be kept regarding the works in the collection. Touching All Parts of the Community The Project Plan outlines a wealth of exciting,innovative and community-building public art opportunities which can strengthen the identity of the community,connect people socially and geographically,and raise awareness of the environment which has been preserved so carefully in Allen through strong urban planning and greenspace management.Some of these opportunities are related to proposed construction projects in the upcoming Capital Improvement Plan(CIP).Many others address existing facilities. EXECUTIVE SUMMARY-PAGE 2 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Due to the fact that there are so many opportunities,a set of criteria will assist the Public Art Committee in determining the priority of the listed projects.These criteria should include: • Timing of the proposed project and ability to integrate the work of the artist early-on in the design process. • The available funding source for the project and any additional fund raising needs. • Location of the proposed project.To meet the needs of all residents of Allen, public art projects should be located throughout the City. • The visual impact of the proposed project,including visibility and perceived need for the art enhancement. Public art can enhance the users'experience of the City of Allen's existing and planned Parks,Trails,and Greenbelts. For planned facilities,an artist can be brought on board to create site-specific, integrated artworks and collaborate as a member of the design team on basic park elements,such as trail bridges, pavilions,landscaping and seating. For existing parks,trails and greenbelts,site-specific artwork can be commissioned that responds to the aesthetics and uses of the facility. Community Use Facilities are City-built and owned facilities that were created for use by the residents of Allen. These include the sports and recreation centers developed and run by the Parks and Recreation Department,as well as other community resource facilities,such as the Senior Center,the Allen Public Library,the Heritage Village,and the Heritage Center. Public art for each facility should be commissioned to respond to that facility's unique goals and needs,and should not be limited to new facilities. Other city buildings used for city government and public safety functions are referred to as Civic Use Facilities.The buildings for city government functions include City Hall,the Parks and Courts Building,and the Municipal Service Center. Public safety buildings include the police headquarters and the fire stations. As with the Community Use Facilities,public art for each facility should be commissioned to respond to that facility's unique goals and needs,and should not be limited to new facilities. Allen is,in many ways,defined by its Corridors and Gateways. Public art can enhance a person's experience when arriving in or moving through the community. New public art commissions to enhance corridors and gateways should focus on major entry points to the community along U.S.75, and entries to the civic center at McDermott and Century Parkway and the Central Business District at Allen Drive and the Roundabout. The Central Business District(CBD)is the historic downtown of Allen. It is an area that is pedestrian in scale,and ideal for mixed use development. Many of the recommended public art projects touch the CBD and should take its needs into account. Partnering to Enliven the Arts Commissioning and installing artwork is really just the first step in the process of enriching a community through public art. The Community Programs Plan focuses on how,through community partnerships,public art can become an important part of Allen's everyday life. An important step in this process is Promoting the Public Art Collection by getting attention for the public art commissions in the media, producing web- EXECUTIVE SUMMARY-PAGE 3 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 based and print materials for the collection,and encouraging people to tour the collection. Public art projects may also inspire ways of Creating Hands-on Encounters with Art. These activities may involve collaborating with community partners to include public art in community festivals,celebrations, presentations,and lectures.Collaborations with the schools can engage youth in public art through curriculum,artist residencies and special presentations. Finally,the Public Art Program should Encourage Public Art in Private Development by distributing information to developers at the onset of their projects, and by collaborating with a community partner to recognize developers who commission art. EXECUTIVE SUMMARY-PAGE 4 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 N RDDUC ON It is with great expectations that we at Via Partnership present to you this Public Art Master Plan for the City of Allen. We have been energized by the enthusiasm of many residents,elected officials and staff of the City of Allen regarding the development of a formal public art program for the City that matches the optimism and forward-thinking nature of the community. As many people in Allen have discovered,public art is an ingredient of a rich and diverse community. In the words of Ralph Burgard,one of the founders of the community arts movement,art can"provide a continuing series of experiences which make living together a source of pleasure and inspiration." Public art can also complement economic development efforts in Allen. Public art,along with other assets such as the Collin County Arts Center,will help define Allen as a cultural destination. It will add to the sense of place in areas such as the Central Business District and create landmarks to assist in finding key destinations. The groundwork for a formal public art program has been set by the leadership,advocacy,vision,and hard work of the Allen Arts Alliance. The City has also,without a formal program,begun to build its collection, and has wonderful works by noted artists such as Brad Goldberg and Amanda Dunbar. The legacy of the Connemara Conservancy Foundation's artist residency program is also strong in Allen. For twenty years from 1981 —2001,Connemara brought innovative artists from around the country to the Conservancy,located in Allen and Plano,to create temporary works of art that took their inspiration and their materials from the natural environment. As the City of Allen's Public Art Program looks to its future, it can build upon the strengths of the area's natural beauty and the tradition of Connemara in commissioning new works. Developing the Public Art Plan A public art plan is an important first step in creating a public art program. A plan provides both a roadmap to the City for the administration of a public art program and a menu of public art opportunities and related partnerships and programs. To develop these recommendations,we worked closely with the public art planning advisory committee—a group of citizens,staff and elected officials—whose vision and creativity helped shape the plan. The recommendations in the Administrative Plan are grounded in the best practices currently being utilized around the country in public art, keeping in mind the City's goals for its public art program.These recommendations were also developed in close consultation with the City staff to ensure that the system for the acquisition of public art and management of the public art collection is consistent with the existing systems and policies of the City. We believe that identifying locations and goals for public art is an activity that should include a broad audience of people who live,work,shop,and recreate in the community. Therefore,to develop the Projects Plan,we facilitated an"Imagine Art Here"workshop on January 8,2005. While working in teams, INTRODUCTION-PAGE 1 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 participants were invited to develop and share ideas for places where art will have the most visual impact and where artists can get involved in tackling design opportunities throughout the City of Allen. Participants also conducted an"Overall Area Evaluation,"which contributed to the goals and vision presented in the Public Art Master Plan. In addition to the workshop,we conducted interviews with other community stakeholders. The ideas generated in the workshop and the interviews helped to shape the goals,sites and priorities outlined in the Projects Plan. In addition,a successful Projects Plan complements and enhances other land use,public works,green space,transportation,and economic development plans for that area.Therefore,in developing the Projects Plan,we also worked closely with the City staff to understand the City's existing and planned municipal facilities and infrastructure within the overall plans for this area. Next Steps Once the Public Art Master Plan has been adopted by the City,the real work on building the Public Art Program begins. To get started,we recommend that the City begin with these important tasks: 1. Adopt an Ordinance establishing the Public Art Program and Public Art Committee—The ordinance should be crafted in a manner consistent with the recommendations in this Master Plan. 2. Appoint the Public Art Committee—Once the Ordinance has been adopted,the City Council will appoint the Public Art Committee. The recommended composition, roles and responsibilities of this committee can be found on page 4 of the Administrative Plan. 3. Identify the lead Public Art Program staff—The Public Art Program will be most effective is there is a single City staff person whose responsibility is to manage and oversee it.Responsibilities for this staff person can be found on page 6 of the Administrative Plan. 4. Develop first year annual work plan—One of the first orders of business for the Public Art Program staff and the Public Art Committee will be to determine which public art projects and related programs they would like to tackle in their first year. They will also need to identify the appropriate budgets for these projects and the artist selection method to be used. The Projects Plan is a good starting point for identifying high priority projects,an appropriate approach for those projects,and budgets. 5. Initiate first commission-Beginning the process to commission one or two permanent or temporary works of art in the first year will help build momentum for the program.Once the first public art project(s)have been identified the next steps will include: a. Identifying funding—Percent for Art will not be in place until the new Bond package is voted on. Other sources of funds will need to be identified through other City funds or through grants.See page 8 of the Administrative Plan for a discussion of public art funding and Appendix B for a list of potential grant sources. b. Selecting the appropriate artist(s)—Once the funding has been identified for the selected projects,an Artist Selection Panel should be convened and a call to artists should be issued. Recommended procedures for selecting an artist are found beginning on page 11 of the Administrative Plan. c. Commission work—Once the artist has been selected,he or she will need to be put under contract. The Public Art Program staff will work with him/her to ensure that all deadlines and INTRODUCTION-PAGE 2 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 obligations are met. Tasks to expect during the commissioning process can be found on page 18 of the Administrative Plan. d. Install,dedicate and celebrate—The final steps will be for the artist to install the artwork and for the City to host a dedication and celebration. The City may also choose to partner with a local organization to host a lecture or educational program. Ideas for related programs, dedications,and media opportunities can be found in the Community Programs Plan. 6. Begin work on the CIP—Finally,very early on,the Public Art Committee and Public Art Program staff should participate in the Capital Improvement Program planning process for the 5-year CIP Plan. This process will determine which projects will be a part of the Percent for Art component of the upcoming bond package while building community-wide support for the public art program. The process should involve other members of the community to ensure broad support for the funding. 7. Community outreach—Building support for the public art program will be crucial to its long-term success. Celebrating and publicizing program successes,developing community partnerships,bringing in citizens to participate in artist selection,and involving the community in long-term planning should be a major focus of the Public Art Committee. Acknowledgements This document is the product of many meetings,conversations and hard work of City of Allen staff and volunteers.We want to thank the Allen Arts Alliance for understanding the need for a public art master plan for the community.Their vision will help to ensure that the quality collection of public art that the City already has will be expanded,using the best talent from around the country. Public Art Oversight Committee Debbie Stout,Allen City Council Sandi Acheson,Allen Arts Alliance Patrice Alessandra,Allen Arts Alliance Susan Butler,Allen Arts Alliance Denise Gilbert,Allen Arts Alliance Kathy Litinas,Allen Arts Alliance Sylvia Lynn Moore,Allen Arts Alliance Rod Schwegmann,Allen Arts Alliance Cheryl Lawson,Parks Board Shelli Siemer,Assistant City Manager Tim Dentler,Director,Parks and Recreation Lori Smeby,Assistant Director,Parks and Recreation Shannon Craft,Special Events and Cultural Arts Coordinator,Parks and Recreation We've also met with various members of the City Council and City staff who have provided us with creative ideas and solutions. Mayor Steve Terrell Peter Vargas,City Manager John Baumgartner,P.E.,Director of Engineering Brian Bristow,Planner for the Parks and Recreation Department Barbara Buehler,Library Director Chris Flanigan,Capital Projects Division INTRODUCTION-PAGE 3 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Kevin Hammeke, Director of Finance David Hoover,Director,Planning and Development Matt McComb,Park Planner Kelly McGinnis,Grant/Project Coordinator Shawn Mosley, Marketing Coordinator,Parks and Recreation jay N.Nkele,Capital Projects Division Lisa Rhea Johnson,Allen Community Television Mary Vail-Grube,Coordinator,Arts of Collin County Other members of the community have also provided valuable input: David Sterling,former member of the Allen Arts Alliance Amy W.Monier Brad Goldberg,public artist Martha Peters,Tarrant County Arts Council Charisse Canfield,Allen Economic Development Corporation And last but not least,we thank all of the community members and those from nearby communities who gave us their creative input and ideas during the Imagine Art Here Workshop.Those who participated have provided the basis for the ideas put forth in this plan.We hope their enthusiasm will ensure the long-term success of this program. Ella Jo Adams Garrett Lydia Roger Adams Noy Manes Lee Battle Will Mitchell Jane Bennett Toni Murray Alan Butler Jenna Oke Ann Carroll Paula Ross Doug Dreggors Eva Sadowski Ben Ferguson Betty Sadowski Synne Ferguson Maria Sadowski Nan Gardner Betty Salt Tracey Hanft Wilma Smith Trudy Israel April Soncrant Lisa Johnson Jim Waldbauer Sue Johnson Wayne Zepp Tom Keener Emily Blumenfeld and Meridith McKinley Via Partnership,LLP INTRODUCTION-PAGE 4 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 ABI S A` NE PLA I Creation of the City of Allen Public Art Program Recommendation: The City of Allen should formally establish the City of Allen Public Art Program by ordinance. This ordinance should outline the basic policies and procedures for the Program. The Program should be the responsibility of the City of Allen Parks and Recreation Department. Vision What are the forces that have defined Allen,Texas and shaped the community that it is today? You cannot talk about Allen without recognizing it as part of the greater Dallas Metroplex,and how it is formed by its place in the region. Allen's location and easy access along U.S.75 have resulted in it becoming a place of rapid suburban growth,beginning in the 1990s. Growth, however,can take many shapes and forms. It is how this growth has been managed and planned that has made Allen stand out.The deliberate way in which the natural environment has been preserved,that neighborhood and community parks have been planned,and that roadway corridors have been designed contribute to making Allen a desirable destination. Thoughtfully planned public art should be a part of what makes this well-planned community a desirable place to live,work and play. Public art in Allen should build upon the community's strengths: its well-preserved natural beauty;its strong network of parks,trails and recreational opportunities;its well-defined transportation corridors,and its close-knit community. Mission The mission of the City of Allen's Public Art Program is to articulate the values and vision of the community by enhancing the aesthetics of our City's civic infrastructure,commissioning site- specific artwork,and creating hands-on encounters with art. Public art projects will be accomplished through public-private partnerships and by encouraging public art in private development. Goals The City of Allen Public Art Program will: • Foster a sense of community pride. • Develop geographic and social connections. • Promote tourism and economic vitality. • Enhance existing and future City facilities. ADMINISRATIVE PLAN-PAGE 1 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Allen Public Art Program Definitions The following terms are used throughout the Public Art Master Plan. 1. Accession—The act of adding or acquiring a work of art to the Allen Public Art Collection through commission,purchase or gift. 2. Allen Public Art Collection—Works of art owned by the City of Allen. 3. Artist-A professional practitioner in the arts,generally recognized by his or her peers as possessing serious intent and ability. For commissioning purposes,an artist cannot be a City employee,a member of the Public Art Committee or the relevant Artist Selection Panel,or a member of the Prime Consultant's firm or team. 4. Artist Selection Panel—An ad-hoc subcommittee of the Public Art Committee,which is responsible for recommending the selection of an artist or artwork for a particular project. The Artist Selection Panel should have a minimum of four members and include at least one member of the Public Art Committee. Other Panel members should have an art, architecture or design background,or an intimate knowledge of or connection to the site. The Public Art Program staff person runs the meeting. The Project Manger and Prime Consultant may be invited as non-voting members of the Panel. 5. Artwork-An aesthetic creation of permanent or temporary medium or combination of media resulting from the skill and creativity of an artist or artists. 6. Call to Artists—General term for a request for artists to apply for a public art commission. Can be a Request for Qualifications or a Request for Proposals. 7. Capital Improvement Program(CIP)—Document which outlines the identified capital expenditures to be undertaken, plus the recommended provision for financing. The purpose of the CIP is to provide a coherent plan for the physical development of the City's infrastructure. The City prepares a five-year CIP Plan and annually develops a CIP Budget. 8. Capital Projects—Same as Capital Improvement.Building projects outlined in the CIP. 9. Community Development Corporation—The City of Allen,under the State of Texas Development Corporation Act, Section 4B, is permitted to collect sales tax for eligible capital improvements,which may include public art,and equipment purchases. The Community Development Corporation is a City Council appointed board that oversees the spending of these funds. 10. Conceptual Design—The initial design phase of a public art project where an artist creates a proposal,including diagrams or a maquette,and conducts a preliminary cost estimate. 11. De-accession—The act of removing a work of art from the Allen Public Art Collection. 12. Design Collaboration—A multidisciplinary design team approach wherein artists work on project teams with architects,engineers,landscape architects,and others to design and create public places. ADMINISRATIVE PLAN-PAGE 2 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 13. Final Design and Engineering—The completion of the design of a public art project when an artist finalizes the design,placement,installation specifications,cost estimate,and has relevant components prepared and stamped by a certified engineer. 14. General Obligation(G.O.)Bonds—Debt instruments authorized by a vote of the electorate to finance capital improvements. The bonds are subject to covenants and the issuance of bonds is based on the full faith and credit of the City. 15. Maquette—Term for a scale model of a proposed work of art. 16. Percent for Art-A public art funding mechanism in which a certain percent of capital project funds are set aside for the commissioning of public art. 17. Prime Consultant—The architect,landscape architect,engineer,or other design professional hired by the City of Allen to design a Capital Project. 18. Project Manager-The City staff person charged with responsibility for the implementation of the design and/or construction of a City of Allen-owned facility. 19. Proposal—An artist's conceptual design for a site-specific work of art,generally requested as part of a competitive artist selection process.Proposals generally include the design, presented in a diagram or maquette,plus a projected budget,project narrative,and timeline for the creation of the work. 20. Public Art-Temporary or permanent elements of a public space that are designed by an artist or artist team,that reflect an awareness of and enrich the site,and whose selection and/or creation generally involves the community. 21. Public Art Committee—Committee appointed by City Council,responsible for advising and making recommendations to staff and the Council regarding the Allen Public Art Program. 22. Art Projects Accounts—All monies appropriated for the City of Allen Public Art Program will be maintained in separate Art Projects accounts. Art Projects accounts will be managed by the City of Allen Parks and Recreation Department. 23. Public Art Program Staff-The City staff person assigned to coordinate and facilitate the implementation of the Allen Public Art Program. 24. Public Art Work Plan-The annual plan developed by the Public Art Program staff and Public Art Committee and approved by the Council that outlines the public art projects and programs to be undertaken in a given year,the budgets for those projects,and sources of funds. 25. Qualifications-Materials sent by an artist upon request of the Allen Public Art Program that demonstrate the capabilities of the artist. Qualifications generally include images of the artist's relevant previous artwork with a corresponding image list,a resume,cover letter or statement of interest,and references. 26. Request for Proposals—Term for a document soliciting proposals from artists for a specific public art project. ADMINISRATIVE PLAN-PAGE 3 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 27. Request for Qualifications—Term for a document soliciting qualifications from artists for a specific public art project or for an artist roster. 28. Site-specific-Works of art that are inspired by and created to fit the context of a particular place. 29. Temporary Public Art—Works of art that are created to be in a public place for a limited period of time,generally less than five years. Roles and Responsibilities Recommendation: The City of Allen Public Art Program will be expending City funds on City property, and thus should be established as a responsibility of the City. Ultimately, the City Council will be held accountable for the Public Art Program. Therefore, decisions regarding the Public Art Program should be approved by the City Council. To advise the Council, a citizen Public Art Committee should be appointed. In addition, City staff resources should be deployed to ensure that the Public Art Program is developed and implemented in a professional and fiscally responsible manner. Allen City Council Roles and Responsibilities • Adopt an ordinance establishing the Allen Public Art Program,which outlines public art program goals,policies and procedures. • Make appointments to the Public Art Committee. • Review and approve the annual Public Art Work Plan. • Review the recommendations of the Public Art Commission regarding the selection of artists and artwork for public property. • Approve all Public Art Program contracts. • Ensure that General Obligation Bond elections for CIP projects include a proposition for public art funding that is in compliance with the Public Art Ordinance. Public Art Committee Composition The Allen Public Art Program will be advised by a citizen's Public Art Committee,appointed by the City Council. In accordance with City of Allen rules regarding Council-appointed boards and committees,Public Art Committee members must be current residents of the City,registered voters,and shall have been residents of the City for a period of at least one year. The Commission ADMINISRATIVE PLAN-PAGE 4 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 shall have seven(7)members. It is recommended that at least one of the Public Art Committee members shall be a visual artist and at least three shall have the following backgrounds. • Architect • Landscape architect • Interior designer • Urban planner • Art or architectural historian • Arts administrator • Curator • Arts community volunteer The City Manager or designee will serve as an ex-officio member of the Committee. The designated Public Art Program staff person will staff the Committee. Committee members will serve for two-year terms with no term limits.Terms are staggered,with half of the membership appointed each year. Roles and Responsibilities The Public Art Committee shall have the following responsibilities. • Recommend an annual Public Art Work Plan to the City Council,including location of public art projects,project goals,and artist selection methods,as well as related public art programming to become part of the City's annual CIP budget. • Participate in the Capital Improvement Program Planning Process for the 5-year CIP Plan. • Make an annual report to the City Council regarding public art program accomplishments. • Make recommendations to the City Council regarding the placement or removal of artwork on public property,including the selection of artists for public art projects,the acquisition of artwork,the acceptance of works of art as gifts or loans,and the de-accession of artwork. • Serve on Artist Selection Panels and report back to the Public Art Committee. • Encourage private developers to commission public art as part of development projects and guide them,when requested,in the selection of artwork for their facilities. • Identify collaborations and sources of funds. • Develop programs designed to inform and engage the citizens of Allen in the Public Art Program. • Other responsibilities as requested by the City Council. ADMINISRATIVE PLAN-PAGE 5 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Public Art Program Staff Roles and Responsibilities The Public Art Program will be staffed by members of the City of Allen staff. This staff will report to the Director of Parks and Recreation. Staff will have the following responsibilities. • Working with the Public Art Committee and other City staff to develop and implement the annual Public Art Work Plan. • Staffing the Public Art Committee. • Overseeing the commissioning and installation of new works of art for the City's Public Art Collection, including project planning, management of the artist selection process, project implementation,documentation and community education. • Ensuring that the City's adopted public art policies and procedures are followed. • Ensuring that the Public Art Collection is properly documented,maintained and conserved. • Pursuing potential collaborations and funding opportunities, including writing grants. Project Managers Roles and Responsibilities The Project Managers for the CIP projects play an important role in the successful implementation of the Public Art Program,and at times may have the following responsibilities: • Meet with the Public Art Program staff to review upcoming CIP projects and discuss public art goals,level of artist involvement,project timelines,etc. Provide the Public Art Program staff with appropriate documents related to the project. • Define artist involvement in the RFQ and/or RFP when selecting the Prime Consultant. Keep the selected Prime Consultant informed about the details of the artist's involvement in the project. • Serve as ex officio members of the Artist Selection Panels. • Provide the Public Art Program staff and selected artist(s)with appropriate documents needed to develop preliminary and final designs,such as architectural design drawings and specifications,structural,electrical or mechanical drawings,etc. • Review artists'conceptual and final designs and consult with appropriate parties regarding safety,liability,timelines,code requirements,installation schedules,etc. • Ensure that special maintenance needs,as documented by the artist and on file with the Public Art Program staff,for the completed artwork are communicated to the proper person/entity. ADMINISRATIVE PLAN-PAGE 6 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Key Public Art Program Players Citizens of Allen City Council roles&responsibilities-page 4 Public Art Committee roles&responsibilities-page 5 I Artist Selection Panels roles&responsibilities-page 14 Other Boards and Commissions City Attorney — City Manager Municipal Judge — City Secretary Parks and Engineering Recreation Other City Department Department Departments Director of Director of Parks Engineering Dept. and Recreation Dept. Engineering Capital Parks Capital Project Public Art Program staff Project Managers Managers roles&responsibilities-page 6 roles&responsibilities-page 6 roles&responsibilities-page 6 ADMINISRATIVE PLAN-PAGE 7 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Sources and Uses of Funds Recommendation: The City of Allen should enable the Public Art Program through a combination of funding sources. Most public art projects should be funded by establishing a Percent for Art requirement on all new General Obligation Bond funded CIP projects. This Percent would appear separately on the ballot. Funds could be used on both existing and planned City facilities. Grant funds should also be sought to commission permanent and temporary public art projects. The administration of the Public Art Program should be funded through the General Fund and grant funds. Public Art Projects Funding Percent for Art As a primary vehicle for funding public art,the City of Allen should establish by ordinance that an amount up to or equivalent to two percent(2%)of the total amount of the General Obligation Bond funds for the Capital Improvement Program,minus land acquisition and environmental remediation costs,shall be allocated for the commissioning of public art. When the sale of GO bonds for CIP projects is taken to the voters,the Percent for Art shall be placed as a separate proposition on the ballot. Percent for Art funds can be used for public art projects at new or existing facilities,as well as other public spaces. As part of the CIP Planning Process in preparation for the GO bond election,a list of anticipated public art projects should be developed. Other Proiect Funding Sources Community Development Corporation funds may be used for public art related to park projects. Should the Public Art Committee wish to approach the CDC board to fund a public art project or projects related to parks,a proposal should first be made to the Parks Board. The Parks Board will then include the public art project or projects in their annual request to the CDC. When the City seeks grant funds for Capital Improvement Projects of$100,000 or more,the grant application should include an amount equal to 2%of construction costs,minus land acquisition and environmental remediation costs,for public art,when permissible. Grant funds should also be sought specifically for commissioning temporary and permanent public art.See Appendix B for a list of potential grant opportunities. Uses of Project Funds Percent for art and other designated public art project funds may only be used for: • Artist fees and artist travel and expenses that are related to the City's purchase of an art fixed asset as stipulated in a contract with the artist. • Artwork fabrication,storage,and installation per contract. ADMINISRATIVE PLAN-PAGE 8 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 • Acquisition of existing works of art. • Required permits and insurance during the fabrication and installation of the artwork per contract. • Documentation and interpretive plaques. • Project consultants and contracted services. • Bond funds shall only be used for eligible purchases for fixed assets meeting the minimum purchase price of$5,000. Percent for art and other designated public art project funds may not be used for: • Mass produced work,with the exception of limited editions controlled by the artist. • Artwork not produced or designed by a Public Art Committee-recommended artist. • Professional graphics,unless designed or executed by an artist or used in the development of collateral material for the Public Art Program. • Decorative,ornamental or functional elements that are designed by the Prime Consultant. • Routine maintenance. • Purchase of existing works of art outside of the selection process. • Bond funds shall not be used for operating or related expenses. Public Art Program Administration Funding The administration of the Public Art Program can be funded by multiple sources. These may include federal,state,county,and local grants, public, private,or corporate donations,and the City's General Fund. See Appendix B for a list of potential grant opportunities. The amount of funding allocated annually for administration and related community programs shall be determined based upon specific staffing needs and programmatic goals. However,it is estimated that this amount should be up to 15%of the total annual public art project budget. Public art administration funds may be used for: • Project management related to the commissioning of new works of art,including staff time and the use of project consultants. • Artist selection,including prospectus development,travel,honoraria,and Artist Selection Panel meetings. • Education and outreach,including community and temporary public art projects,symposia and special events. • Publicity for public art projects. ADMINISRATIVE PLAN-PAGE 9 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 • Curatorial services. • Conservation and non-routine maintenance. • Public art program master planning. • Other purposes recommended by the Public Art Committee and deemed necessary by Public Art Program staff for the successful implementation of the program. Grants or donations received by the City for commissioning public art,both permanent and temporary,should be used in accordance with the restrictions specified or required in association with the grant or donation. Art Projects Accounts All monies appropriated for the City of Allen Public Art Program will be maintained in separate Art Projects accounts. Art Projects sources not expended at the conclusion of the fiscal year will roll over into the following fiscal year. The City may also utilize the Art Projects accounts to accept gifts,grants,contributions,and donations made for the public art program. The Public Art Program staff will prepare an annual budget in support of the Public Art Work Plan that will allocate funds for the planned public art projects and related programming.The Operating and Maintenance(O&M)and Capital budgets will be prepared in conjunction with the City's O&M and CIP budgets. Annual Public Art Work Plan Recommendation: The City's Public Art Program staff should work closely with other City departments and the Public Art Committee to set program goals for the coming year in the Public Art Work Plan. The Public Art Work Plan should be approved by the City Council and integrated into the City's overall plan and budget for the coming fiscal year. City staff and the Public Art Committee should utilize the 5-year CIP Program Plan as a starting point for creating the Public Art Work Plan. The Public Art Work Plan is an annual document that outlines the public art projects and related community and educational programs that will be initiated or will be in process during the coming fiscal year. The Public Art Program staff will develop the Work Plan in consultation with the Public Art Committee,the Finance Department staff,and appropriate Project Managers and collaborative partners. Staff will submit the Work Plan to the City Council as part of the Fiscal Year Budget for its review and approval. The following steps will be taken to develop the annual Public Art Work Plan: 1. The Public Art Program staff will meet with the City Finance Department staff to verify available Percent for Art funds and project budgets,as well as grant and other available funds. 2. The Public Art Program staff will meet with appropriate Project Managers to review plans for upcoming capital projects and project timetables,as well as special project opportunities. ADMINISRATIVE PLAN-PAGE 10 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 3. The Public Art Program staff will contact the Parks Board to identify priority parks projects for the coming year. 4. At an annual planning session,the Public Art Program staff and Public Art Committee will: a. Review the identified capital projects and special project opportunities for the coming fiscal year to establish goals for public art projects. b. Identify other public art projects and community programs that can be accomplished through community collaborations, loans or gifts,grants,or pooled funds. 5. The Public Art Program staff will develop a draft Public Art Work Plan that will include locations,goals,and budgets for public art projects and programs. 6. The Public Art Program staff will present the draft Plan to the Public Art Committee for its review and approval. 7. The Public Art Work Plan will be submitted to the City Council as part of the Fiscal Year Budget for its approval. Artist Selection Recommendation: When commissioning or purchasing artwork, a competitive artist selection process should be utilized. Allen residents and members of the arts community should be involved in reviewing and making recommendations regarding the selection of artists or artwork as participants of Artist Selection Panels, which will be subcommittees of the Public Art Committee. Artist Selection Guiding Principles One of the most important steps in developing a public art project,and ultimately the City's public art collection,is selecting the best possible artist/artwork for the project.When deciding upon the appropriate process for selecting artists/artwork,the following should be considered: • The decision-making process should be open and transparent. • The process should take into consideration the needs of the site,the community the project will serve,and the identified public art project goals. • The decision-making body should include people with knowledge and experience in art and design as well as people with a stake in the final project. • An open,competitive process that challenges and inspires the artist will lead to a more creative and exciting final product. • A selection process that engages the community can be an enriching experience and help build support for the public art program. ADMINISRATIVE PLAN-PAGE 11 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 come from an artist on a pre-qualified list. Approval of the City Council and the City Manager must be secured to prior to utilizing this selection method. Pre-Qualified Artist Roster The Public Art Program staff and Public Art Committee may decide to develop a pre-qualified pool of artists,or Artist Roster,from which it can choose artists for Limited Competition,Direct Selection and Direct Purchase. This Roster would be developed based on a comprehensive review of qualifications from artists who responded to an Open Call to Artists. This list could be updated annually or bi-annually,depending on the frequency of new projects. Artist Selection Panels Due to the site-specificity of public art,when deemed appropriate,a different Artist Selection Panel should be convened for each public art project.The panelists should be briefed on the project by the Public Art Program staff,the Project Manager and,the Prime Consultant and given a tour of the project site(if possible)at the onset of the project. Roles and Responsibilities The Artist Selection Panel will have the following responsibilities,depending upon the type of selection process employed: • Review artist qualifications, proposals,or interview artists. • Review community feedback on proposals(if applicable). • Make final recommendations to the Public Art Committee to bring before the City Council. Composition of Artist Selection Panels Each Artist Selection Panel should have a minimum of four members and should consist of the following types of individuals: • A representative from the Public Art Committee. • A community representative. • A representative from the arts community. • A design professional(not the Prime Consultant). • A collaborating partner representative(i.e.: Park Board,Community Development Corporation, Library Foundation Board) The Public Art Program staff facilitates Artist Selection Panel meetings. The Project Manager and the Prime Consultant(if applicable)should attend meetings in an ex-officio capacity to answer questions,provide insights,and ensure that relevant information is shared with the Committee. ADMIN/SRATIVE PLAN-PAGE 13 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Basis of Selection Regardless of the method used for selecting artists,the Artist Selection Panel should utilize one or more of the following tools to become acquainted with the applying artists,their bodies of work, their work approach,and their specific concepts or proposals for the project. Review of Qualifications Artists may be invited,through any of the methods described above,to submit their qualifications. A qualifications package generally includes a cover letter or statement expressing interest in the project and approach to public art,a resume,at least 10 images of their artwork,an annotated list of those projects that includes relevant project data,and references. These qualifications should be reviewed by the Artist Selection Panel. When reviewing qualifications,the following criteria should be considered: • Demonstrated excellence of past work in conceptual,aesthetic and technical terms. o Submitted work's quality. • Professional qualifications and relevant experience. o Record of artist's professional training and achievements. o Experience working on projects requiring relevant technical or collaborative skills. o Participation by minority and women-artists • Stated interest and approach. o Stated interest in project and evidence of approach in keeping with project goals. o Stated interest in working with the community in the development of the project and/or its execution(if applicable). • Demonstrated ability to create work that meets the specific project goals. Review of Proposals After a review of qualifications,a short list of artists may be selected to submit their specific proposal for a project. Artists should be paid a stipend for their proposals and,if applicable, reimbursed for their travel expenses. Artists should be given at least six to eight weeks to prepare a proposal. Proposals generally should include a letter or statement describing the Proposal,a scaled diagram or maquette,a proposed project schedule,and a budget.Qualification materials should be re-reviewed along with Proposal materials. Artists may be invited to present their own Proposals to the Artist Selection Panel,or may be asked to submit their Proposal materials for the Public Art Program staff to present. The proposals may also go on display in a public location for public comment. These comments can be shared with the Artist Selection Panel. ADMINISRATIVE PLAN-PAGE 14 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 When reviewing proposals,the following criteria should be considered: • Proposed project meets the goals for the site. • Artistic merit of proposed concept. o Proposed project's potential for visual impact. o Submitted project's conceptual merit. • Evidence of project's feasibility,compatibility to the site and technical requirements. o Proposal's adaptation to the site,scope,and community. o Proposal shows an understanding of technical considerations,site-induced limitations,and operational requirements. o Proposal appears to be safe and durable relative to theft,vandalism and the environment;and maintenance and conservation requirements are reasonable. • Artist's proven ability to undertake comparable projects. o Record of past success. o Proposed design's fit with project. • Reasonable budget and timeline. o Proposed budget is detailed,supported by current data and appropriate. o Timeline meets project needs. Artist Interviews For certain projects,after reviewing qualifications,the Artist Selection Panel may wish to interview a short list of artists in lieu of requesting proposals. This is especially effective for design collaboration projects where the artist will be collaborating with the Prime Consultant and other design team members to integrate artistic enhancements into the site,or to lead the design of the entire site. Interviews allow for the selected artist to work in depth to develop the initial conceptual design and for the Artist Selection Panel to understand the artists'personality and professional working style. Interview formats may vary,but artists should be given time to present their qualifications and work approach to the Panel prior to questions and answers. When interviewing artists,the following criteria should be considered: • Professionalism and relevant experience. o Record of artist's professional training and achievements. o Experience working on projects requiring relevant technical or collaborative skills. ADMINISRATIVE PLAN-PAGE 15 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 o Proposed design's fit with project. o Proven ability to undertake comparable projects. • Aesthetic and design approach. o Interest and enthusiasm in project. o Evidence of design approach in keeping with project goals. o Aesthetic sensibilities in keeping with project goals. o Stated interest in working with the community in the development of the project and/or its execution(if applicable). ADMINISRATIVE PLAN•PAGE 16 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Recommended Artist Selection Process Each artist selection process should be uniquely designed to match the conditions of the project. However,the process should follow the basic procedures shown below. Selection of artists must be made in accordance with state law and City policy. Review Artist Qualifications Staff collects artist qualifications through an Open Competition or Limited Competition RFQ. Staff presents artist qualifications to the Artist Selection Panel. Panel chooses one of the following: a. Selection of 3-5 finalists to submit a proposal b. Selection of 3-5 finalists to interview c. Selection of a single artist based upon their qualifications d. Revise and re-issue the RFQ to ciet different artists Review of Artist Proposals or Interviews Finalists are invited to prepare a proposal or to interview with the Artist Selection Panel. Panel recommends one of the following to the Public Art Committee: a. Selection of one of the finalist proposals b. Selection of one of the artists based on the interview c. Asking one or more of the artists to revise and re-submit their proposals d. Not selecting one of the artists or proposals and going back to review qualifications Preparation of Contract and Presentation to City Council Once the final artist is approved by the Public Art Committee,staff should work with the artist to prepare a contract. The contract should be presented to City Council for their approval. a. If the artist is selected based upon a proposal,the contract should be for the final design,engineering,fabrication and installation of the artwork. b. If the artist is selected based upon an interview,the first contract should be for the conceptual design.The second contract should be for the above-listed tasks. ADMINISRATIVE PLAN-PAGE 17 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Project Implementation Recommendation: The Public Art Program staff will be responsible for coordinating the work of the artist to ensure the successful integration of the artwork into the project. The City Council will be responsible for approving all artist contracts. The Public Art Committee will advise the Council regarding approval and modifications of the conceptual design. The appropriate Project Manager will be consulted for all matters relating to the review of final design and engineering drawings and the installation of the work. Artist Contract Upon the decision of the Artist Selection Panel,the Public Art Program staff will prepare a contract that includes the scope of work,fee,schedule,and relevant terms and conditions.(See Public Art Contracts) The scope of work will vary depending on the project,but will generally include final design and engineering,fabrication of the artwork,and installation of the artwork. For artists selected based on an interview process,the Public Art Program staff may recommend that the contract be phased such that the scope of work in the initial contract is for a conceptual design and the scope in the second contract is for the final design,engineering,fabrication and installation of the work. Before the contract is submitted for Council approval,the Public Art Program staff will meet with the appropriate Project Manager to review and coordinate the schedule. Contracts will be presented to the City Council for their approval. The Public Art Program staff will brief the City Council about the project and the selection process. The artist may be invited to make a presentation to the Council. Members of the Public Art Committee or the Artist Selection Panel may also be invited to speak on behalf of the project. The Public Art Program staff will ensure all documents are signed and insurance coverage is secured before issuing a notice to proceed. Conceptual Design (interviews only) If the artist is selected through an interview process,the initial step is to develop a conceptual design. The Public Art Program staff should organize a kickoff meeting with the relevant staff, contractors and consultants to allow the artist to become familiar with the site, project, and schedule.To develop the design,the artist may also need to meet with other project stakeholders. The conceptual design should be presented to the Public Art Committee and/or the Artist Selection Panel for their review and approval. The conceptual design may also be presented to the City Council. Final Design and Engineering Once the conceptual design is approved,or if the artist is selected based on his/her proposal,the artist will develop final design and engineering drawings for review and approval by the City before proceeding with fabrication.The Public Art Program staff will schedule meetings with the appropriate offices to review and approve the plans. If the artist proposes any significant design changes,the Public Art Program staff will secure the approval of the Public Art Committee and the City before approving said changes in writing,per the terms and conditions of the contract. If the City requests any modifications due to changes in the project,the Public Art Program staff will review the proposed changes with the artist. If the parties ADMINISRATIVE PLAN-PAGE 18 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 are not in agreement,the City Manager or designee will act as arbiter. If the change will affect the budget,scope or schedule,the Public Art Program staff will initiate a contract modification. Fabrication of Artwork Once the final design and engineering drawings have been approved by the City,the artist will proceed with the fabrication of the artwork. The fabrication may be done by the artist,or part or all may be done by subcontractors supervised by the artist. The Public Art Program staff may request a studio visit or written updates from the artist. Installation of Artwork In most cases,the artist will be responsible for the installation of the artwork. The Public Art Program staff should coordinate that installation with the artist and the Project Manager. Dedication, Submittal of Project Documentation and Project Closeout Once the artwork has been installed,and the related CIP project is complete,a celebratory dedication should be planned by the Public Art Program staff and the Public Art Committee. The artist should be required to submit all required paperwork,including all drawings and a maintenance and conservation worksheet,prior to project closeout and final payment. ADMINISRATIVE PLAN-PAGE 19 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Project Implementation —Step by Step Step Outcome Responsibilities 1. Artist Contract Agreement between the • Prepared by Public Art Program staff in artist(s)and the City outlining consultation with selected artist and Capital scope of work,fee,schedule Project Manager(if applicable). and relevant terms and • Approved by City Council. conditions. • Signed by City Manager. 2. Conceptual Design Approved conceptual design(if • Public Art Program staff coordinates kickoff not already prepared through meeting and stakeholder input. proposal process). • Artist develops design and presents it to the PAC for approval. • Capital Project Manager and project architect(if applicable)participates in kickoff and reviews final conceptual design. 3. Final Design and Approved final design and • Artist prepares,or oversees the preparation Engineering engineering drawings. of the necessary drawings and documents. • Public Art Program staff coordinates review by appropriate offices, including the Capital Project Manager and project architect(if applicable). • Significant changes from the initial proposal or conceptual design must be review by the PAC and the city and approved in writing. 4. Fabrication of Complete fabrication of the • Artist fabricates or oversees fabrication of Artwork artwork. the artwork. • Public Art Program staff receives periodic updates and milestone reviews. 5. Installation of Complete installation of the • Artist oversees installation of artwork. Artwork artwork. • Artist works with Capital Project Manager to schedule and coordinate with contractors. 6. Dedication, Community celebration of • PAC and staff plan dedication,installs Documentation, artwork,documentation on file, plaque. Closeout and all payments made. • Public Art Program staff receives documentation from artist. • Public Art Program staff facilitates final acceptance of artwork. • Final payment made to artist. ADMINISRATIVE PLAN-PAGE 20 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Public Art Contracts Recommendation: A Contract should be drafted to confirm the agreement between the City of Allen and the artist. The artist will be an independent contractor and in most cases will be responsible for all aspects of the design,fabrication and installation of the work. Artist's Responsibilities and Rights The artist or artist team will: • Perform all services as described in the Scope of Work and furnish supplies,materials, labor, and equipment necessary for the design,execution,fabrication,transportation,delivery and inspection of the Artwork. • Complete the Artwork on their own or work with subcontractors as outlined in the Contract. • Furnish to the City of Allen: o Full drawings,sealed by an engineer registered in the State of Texas for the design and installation of the Artwork. o Proof of liability insurance in an amount specified by the City. • Follow a timeline as set forth in the Contract. • Guarantee that the Artwork shall be at the site and ready to be put into place on the site prior to the final installation date.The Artwork will be inspected for damage by the artist upon completion of installation before the City takes possession in perpetuity. • Bear the risk of loss or damage to the Artwork until it is received and inspected by the artist on site and hold harmless the City against any and all claims or liabilities existing or arising in connection with the construction and liens during the construction of the Artwork. • Be present during the final installation. • Retain rights of reproduction of the commissioned Artwork in perpetuity,always stating that the work was commissioned and is owned by the City of Allen.The Artist will grant to the City of Allen and its assigns an irrevocable license to make photographic,videographic,or graphic reproductions of the Artwork for non-commercial purposes,including,but not limited to, reproductions used in advertising,brochures,media publicity,and catalogs or other similar publications,provided that these rights are exercised in a tasteful and professional manner and that the Artist is duly credited. • Retain all rights under the Copyright Act of 1976, 17 U.S.C.Sec. 101 et seq.,and all other rights in and to the Work except ownership and possession.The Artist is responsible for filing for this copyright with the U.S.Copyright Office. ADMINISRATIVE PLAN-PAGE 21 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 • Shall not make any additional exact duplicate reproductions of the final Artwork,nor shall the artist grant permission to others to do so except with the written permission of the City of Allen. • Furnish the City of Allen with a full written narrative description of the Artwork and written instructions for appropriate maintenance and preservation of the Artwork. • Have the right to disclaim authorship of the Artwork in the event of any alteration or damage, whether intentional,accidental,within or without the control of the City of Allen or otherwise, including the relocation of the Artwork or significant alteration of the site. • Comply with all applicable state and local laws, rules and regulations in the execution of the Scope of Work. • Agree to perform all work under the Contract as an independent contractor and not as an agent or an employee of the City.As an independent contractor,the artist shall furnish all supervision,labor,materials,equipment,supplies,and other incidentals,as well as transportation,shipping,and inspection of the Artwork.As an independent contractor,the artist will be responsible for all federal,state,and local taxes payable in connection with the services he/she renders. City of Allen's Responsibilities and Rights The Commissioning agency will: • Provide the administrative support for the successful completion of the project. • Maintain the right to approve final design and engineering drawing for the Artwork. • Require that the artist make revisions,if required,to the final design as are necessary for the Artwork to comply with applicable statutes or regulations governing the site.Said revisions shall be made at no additional cost to the City.The City will provide information regarding these statutes and regulations to the Artist. • Pay the Artist a fixed fee which shall constitute full compensation for all services and materials to be performed and furnished by the artist under the Contract. The fee shall be paid in installments based on meeting project milestones outlined in the Contract. • Reserve the right to terminate the Contract if the Artwork is not completed in accord with the Contract subject to the performance of the obligations of the City under the Contract. • Agree to see that the Artwork is properly maintained. • Have the right to determine when and if repairs and restorations to the Artwork will be made. If repairs are deemed necessary,the City will make every effort to contact the Artist to perform the work. If the Artist does not respond within a reasonable amount of time,the City reserves the right to proceed with needed repairs required to maintain the integrity of the Artwork and the building.During the Artist's lifetime,the Artist will have the right to approve all repairs and restorations,provided that the Artist will not unreasonably withhold such approvals.To the extent practical,the Artist will be given the opportunity to make or personally supervise ADMINISRATIVE PLAN-PAGE 22 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 significant repairs and restorations and will be paid a reasonable fee for such services,should such a fee be agreed upon. • Notify the Artist of any proposed alteration or obstruction of the work,consult with the Artist in the planning and execution of any such alteration,and make a reasonable effort to maintain the integrity of the Artwork. If after receipt by the City,any permanent alteration occurs affecting the integrity of the piece,whether intentional or accidental and whether done by the City or others,the City will attempt to notify the Artist. Upon notification,the artist may make a written request to the City to stop representing the Artwork as his or hers,if he/she so chooses. • Cause the Artwork to be adequately insured.Any insurance funds generated from loss of the Artwork will be used to repair,reconstruct,or replace the Artwork. Gifts or Loans of Artwork Recommendation: Private individuals,foundations, corporations or other organizations may wish to give or loan the City of Allen a work or works of art for public display. These gifts and loans can be a great way to enrich public spaces. However, it is important to consider carefully whether the gift or loan meets the mission and goals of the Public Art Program and ensure that the related costs and risks of the gift or loan are understood. As with the acquisition of any new artwork,the Public Art Committee shall make recommendations to the City Council regarding the acceptance and display of gifts and loans of works of art.To assist in the review of these works,an ad hoc Gift and Loan Panel,which reports to the Public Art Committee,may be convened to review the gift or loan.The Panel should be of similar composition to the Artist Selection Panel,with a representative of the appropriate City Department involved in an advisory capacity.If a separate Panel is not deemed necessary,the Public Art Committee may serve as the Gift and Loan Panel. When reviewing potential gifts and loans,the Gift and Loan Panel and/or Public Art Committee should consider whether: • An appropriate site has been identified. • The work fits the mission of the Allen Public Art Program,contributes to the diversity of the City's public art collection,and upholds artistic standards. • The work in question can legally be loaned or given to the City by the donor/lender (documentation should be kept on file by the Public Art Program staff). • The financial costs connected with accepting the gift are known and can be met, including,but not limited to,shipping,shipping insurance,site preparation,installation,proper signage, insurance,landscaping,lighting,conservation and maintenance. • The work poses no safety or liability concerns. • Appropriate recognition for donors and lenders of artworks can be provided. • Maintenance and conservation requirements can be met. ADMINISRATIVE PLAN-PAGE 23 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Once the loan or gift has been approved,a written agreement should be prepared detailing the roles and responsibilities of the City of Allen and the entity lending or donating the work of art. Collection Management Recommendation: It should be the responsibility of the City of Allen to ensure that the Allen Public Art Collection be properly maintained and preserved, that a periodic assessment of conservation needs be made, and that proper records be kept regarding the works in the collection. Maintenance Works of art in the Allen Public Art Collection should be cleaned regularly and/or otherwise maintained by the City Department responsible for the facility,building or site in which the work of art resides. Works of art should be maintained in a manner appropriate to the medium and characteristics of the artwork,and in accordance with the Visual Artists Rights Act of 1990. The City Department should report any damage or conservation needs to the Public Art Program staff and should not do any non-routine maintenance unless requested. To assist in this maintenance,information on each work of art leased,loaned,or owned outright by the City should be kept on file with the Public Art Program staff and the City department responsible for maintenance on a maintenance and conservation worksheet. Works of art on loan should be maintained in accordance with the requirements of,and in collaboration with,the lender. Conservation In some cases,works of art in the Allen Public Art Collection will need special attention to ensure their proper appearance and longevity. For newly commissioned or purchased works of art,the artist should guarantee the work of art against any repairs for one year(unless otherwise stipulated in the contract). Once every 3-5 years,the Public Art Program staff should oversee a comprehensive survey of the Allen Public Art Collection and ensure all necessary repairs are conducted. The artist should be given the opportunity to participate,on a contractual basis, in the conservation of his/her work,either directly or in an advisory capacity. Record Keeping The Public Art Program staff should be responsible for keeping comprehensive records of all works in the Allen Public Art Collection. This information may include,but should not be limited to: • Artist information • Current contact information • Resume or biography • Basic artwork information(title,media,dimensions,date completed) • Statement describing the work ADMINISRATIVE PLAN-PAGE 24 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 • Maintenance and Conservation Worksheet • Artist drawings,construction drawings or other technical information • Fabrication information,including name and contact information for fabricator • Funding source or source of artwork(if gift or loan) • Documentation of the artist selection process and other community outreach or involvement • Related documentation provided to the Finance Department for inclusion of the artwork in the list of City fixed assets De-accession De-accessioning is a procedure for the withdrawal of artwork from the public collection.The Public Art Committee has the right to recommend the removal or alteration of any site-specific installation that has been commissioned,gifted,leased,or loaned to the City of Allen if there are safety concerns or significant changes to the site,or in a situation in which the work has been damaged beyond repair. The Public Art Committee should consider de-accessioning only after careful evaluation. Should the Public Art Committee determine de-accession of an artwork is appropriate,a report should be prepared by the Public Art Program staff stating the reason(s)for the de-accessioning of the artwork and presented to the City Council for approval.Should the de-accessioning of the artwork be approved,every effort should be made to notify the artist,donor,or lender.The Public Art Committee and City staff should then consider: • Relocating the work to another site. • Returning works that have been loaned. • Destruction of artwork damaged beyond repair and deemed to be of negligible value. • Sale of the artwork. o If deemed necessary,an outside appraisal of the artwork should be conducted to determine value and method of disposition. o The artist should be given first option to purchase the work or exchange it for another artwork of comparable value,which will become part of Allen's public art collection. o The sale must be in compliance with City of Allen laws regarding surplus property. o No works will be sold to City of Allen staff or Public Art Committee members. o Proceeds from the sale will be accounted for according to the original funding source restrictions(i.e.bond covenants,grant restrictions,donation restrictions,etc.). ADMINISRATIVE PLAN-PAGE 25 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 PRO -ECTS FLAN The City of Allen has a wealth of exciting, innovative and community-building public art opportunities which can strengthen the identity of the community,connect people socially and geographically,and raise awareness of the environment which has been preserved so carefully in Allen through strong urban planning and greenspace management.Newly commissioned artwork will build the City of Allen's public art collection (see Appendix C for a list of works already owned by the City)and will continue the tradition of commissioning site-specific work in projects such as the Civic Plaza and the many years of temporary art at Connemara. The Projects Plan includes a list of public art opportunities for Allen.Some are related to proposed construction projects in the upcoming Capital Improvement Plan(CIP)and many others address existing facilities. The Imagine Art Here community workshop,and interviews with local stakeholders and City of Allen staff have provided the ideas and parameters for these opportunities.The imagination,passion and talent of the community are evident in the breadth and creativity of these proposed projects. The City of Allen has a greater opportunity to enhance its identity by commissioning site-responsive public artwork that enhances the strong planning,well-preserved natural beauty and recreation opportunities in Allen as stated in the vision statement in the Administrative Plan,The Projects Plan lists opportunities and the stated goals the projects aspire to help fulfill this vision. The proposed budgets are based on what is appropriate for the project,rather than what funding is available. Therefore,the Public Art Committee and Staff will need to prioritize projects based on the following criteria: • Timing of the proposed project and ability to integrate the work of the artist early in the design process. • The available funding source for the project and any additional fund raising needed. • The location of the proposed project.To meet the needs of all residents of Allen,public art projects should be located throughout the City. • The visual impact of the proposed project,including visibility and perceived need for the art enhancement. PROJECTS PLAN-PAGE 1 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Parks, Trails and Greenbelts In order to meet the demands of rapid growth in Allen,the Parks and Recreation Department has developed a comprehensive plan with the following mission: Establish a park and recreation system for our citizens that provides them with a source of pleasure,promotes economic development,minimizes demands on valuable City resources and instills pride in those who make it happen. In an effort to build upon this mission,a set of overall public art goals has been set for Allen's parks and trails. Although each park and trail is unique,the same public art goals apply to the entire system. Public Art Goals: • Bring people of all ages to the parks and attract new users. • Engage,dazzle and surprise users. • Include elements that are sensory,interactive,or kinetic. • Complement the theme of the park or trail. • When possible,integrate artwork into the design so that the parks or trails themselves are works of art. • Reflect and celebrate the natural environment. • Help create a unique identity for each park. • Enhance the sense of fun and whimsy throughout the parks system. • Preserve the agricultural and rural heritage of Allen. Public art is recommended for all new parks,trails and greenways. As funds are available,it is also recommended that public art be commissioned for existing facilities. Neighborhood Parks Neighborhood parks are small parks(5 to 15 acres)nestled within neighborhoods that typically attract users within walking distance.These parks generally provide both active and passive recreation opportunities and have a similar set of amenities, including playgrounds,hike and bike trails,picnic tables,and pavilions. They may or may not be themed. There are now 17 neighborhood parks in Allen. At full development,Allen should have a minimum of 20 neighborhood parks. Specific Project Opportunities Maxwell Creek Park(Shelly Farm Property) Maxwell Creek Park will be a new neighborhood park serving the Maxwell Creek,Bethany Ridge Estates and Arbor Lakes subdivisions.This park will be approximately 4.5 acres adjacent to a detention pond in the southeast quadrant of the city.This family-oriented park will likely have a playground,picnic area and trails. Public Art Approach:An artist should be selected as a result of an open call to work with the park designers on enhancing the park design.Artwork should be integrated into design elements such as pathways,play equipment or picnic facilities. PROJECTS PLAN-PAGE 2 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Proposed Public Art Budget:$40,000 Twin Creeks Park Twin Creeks Park is an unplanned 11-acre park located near West Rowlett Creek. It is in close proximity to Twin Creeks Golf Course.The former agricultural land is gently to moderately sloping and fairly open.Amenities in the park may include a playground,hike and bike trails, picnic tables, and a pavilion. Public Art Approach:An artist should be selected as a result of an open call to assist in the overall master planning of this park.This may result in a site-specific work at the park or it may result in the park being an entire work of art due to unique earthwork and theming. Proposed Public Art Budget:$40,000 Existing Neighborhood Parks As of the writing of this plan,there are 17 developed neighborhood parks:Bethany Ridge Park, Bradford Crossing,Cottonwood Bend Park,Country Meadows Park,Dayspring Nature Preserve, Glendover Park,Green Park,Heritage Park,Hillside Play Area,Lost Creek Park,Raintree Park, Reed Park,Rolling Hills Park,Shadow Lakes Park,Stacy Ridge Park,Story Park,Suncreek Park, Walden Park and Watters Crossing Park. Public Art Approach: Unless an existing neighborhood park undergoes a major renovation or addition,there is little opportunity to commission public artwork that can be fully integrated into the park design.However,it is still possible to commission work that is site-specific and meets the above-stated goals for art in parks. These parks are also numerous,making it challenging to commission new work for all parks. While all new neighborhood parks include public art, in the near term it is recommended that two neighborhood parks,one in the northeast quadrant of the city and one in the southwest quadrant of the city, be chosen for public art projects. Artists should be selected through an open call for qualifications. Selection should be based on finalist proposals. Proposed Public Art Budget: Existing Neighborhood Park NE Quadrant:$40,000 Existing Neighborhood Park SW Quadrant:$40,000 Dayspring Nature Preserve The City of Allen acquired the former Park Cities Baptist Camp in 2001 and is in the process of renovating it.Now called the Dayspring Nature Preserve,renovations will add an interpretive center and day camp facilities. Other amenities include a wood deck overlook,a decomposed granite nature trail,a trail connection near the playground,and a trail connection to the south. Public Art Approach:An artist should be selected through an invitational competition to work with the design team to create a work that is integrated with the overall design or aesthetic of the day camp facilities.The public art funds should be used as a design fee and the cost of the enhanced design will be borne out by the base construction budget. Proposed Public Art Budget:$10,500(design fee) PROJECTS PLAN-PAGE 3 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Community and Citywide Parks and Athletic Complexes Allen's community parks are larger in size(minimum of 50 acres)and located within 1.5 to 2 miles of the majority of their users. Community parks generally contain some or all of the following amenities:playing fields,a pavilion with restrooms,sport courts,playgrounds,picnic amenities, open space and hike and bike trail connections.Citywide parks usually serve the entire city and are larger than community parks(minimum of 75 acres). These parks serve a specific recreation need for the entire community. There are currently five developed community and citywide parks:Allen Station Park,Bethany Lakes Park,Celebration Park,Ford Park East and Ford Park West. Over the next five to ten years,two new community and citywide parks will be developed. Allen also has three athletic complexes.These parks are also designed for a community-wide user group and are sports focused. These parks include Bolin Park,Hillside Ballfields and Jupiter Park. Over the next five to ten years,two new athletic complexes will be developed,and expansions or renovations will occur at ten parks,including Ford West,Celebration,Trail at the Woods,Allen Station Park(Phase 3),Day Spring Nature Preserve,Jupiter,Hillside Play Area,Raintree,and Collin Square. Specific Project Opportunities Rowlett Creek Community Park(Estevie) Rowlett Creek Community Park will consist of 100+acres along Rowlett Creek north of and along Exchange Parkway,adjacent to the new Collin County Performing Arts Center.The wooded bottomland along the creek will remain in natural state with the exception of a hike and bike trail and limited trail amenities such as seating and signage. This park is not yet master planned, but it may include lighted field sport facilities.As well,it will accommodate the new West Side Recreation Center(described below in Community Facilities). Public Art Approach:An artist or artists should be brought into the design process of the park at the master planning stage to identify opportunities for artist-designed enhancements and site-specific works of art. The design and public art should complement the Performing Arts Center area design and the West Side Recreation Center. Proposed Public Art Budget:$120,000 Bethany Lakes Park Bethany Lakes Park is a Community Park located at 745 S.Allen Heights Drive and built in 1991. The park grounds were formerly a quarry and the Amenities Building used to be a hunting and fishing club. The park comprises 40 acres of passive recreation amenities and is host to the Joe Farmer Recreation Center. It also includes a playground-redeveloped in 2005,49.5 acres of ponds,a baseball/softball backstop,a clubhouse for indoor rentals,and an open-air pavilion.The park also offers 14 picnic sites,hike and bike trails,and a fishing pier.Community members are currently raising funds for a Veteran's Memorial to be placed in this park. Public Art Approach: This is a passive park conducive to strolling and unstructured recreation. This offers a reflective environment for sculpture and could be an interesting site for temporary sculpture exhibitions along the trails or art festivals. Proposed Public Art Budget:temporary sculpture exhibitions can vary greatly in cost in relation to where the artists are coming from, if they build their work on site or if works need to be shipped.Art PROJECTS PLAN-PAGE 4 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Festivals also vary greatly in their operating and program budgets based on the geographic scope of the fair. Celebration Park,Phase 2 Celebration Park is a community park located at Malone and Angel Parkway. Developed in 2003, its 99 acres include 15 soccer fields,2 baseball fields,a pavilion with restroom and concessions,a lake-side stage and pavilion, playground,sprayground,horseshoe and washer courts,picnic amenities,a lake,and trails. Phase 2 improvements of Celebration Park will take place on an undeveloped section of the park and will include two ball fields,parking,additional restroom and concession facilities,environmental graphics and supporting infrastructure. Public Art Approach:An artist should be selected as the result of an open call to create a site- specific artwork that will reference the sails of the existing pavilion structure.The selected work should maintain the spirit of fun and whimsy that is currently reflected in the park. Proposed Public Art Budget:$60,000 Jupiter Park Jupiter Park is an existing nine-acre park at 510 S.Jupiter used mostly for football and soccer league play.The next phase of park development will include a playground,new sports fields, parking and restrooms and a protective landscape barrier. Public Art Approach:The public art at this park may play upon the sports theme and be incorporated into the new design elements of the park and/or impact part of the park that is already developed. An artist should be selected through an open call to artists and should interact with the selected park design team. Proposed Public Art Budget:$16,000 Allen Station Park,Phase 3 Allen Station Park,Phase 3 will be a continuation of the development of this 100+-acre,citywide park located on the east side of Cedar Drive just north of St.Mary Drive,and across from the Phase II youth park. It is tentatively planned to include a lake with lakeside plaza and overlook, pecan grove plantings,parking,additional trails,and bridge construction. Public Art Approach:An artist should be commissioned to enhance the design of the lake and lakeside plaza area,as well as influence the design of additional trails and bridge construction. Proposed Public Art Budget:$75,000 Athletic Complex—West Side The land for this project is a 55+/-acre tract on the east side of Watters Branch south of Ridgeview Drive.This area is partially wooded and partially open. No master plan exists for the facility at this time.This may present an opportunity for a public/private partnership to host an indoor athletic complex. Public Art Approach:An artist should be selected as the design of the complex gets underway,so that every opportunity is explored to incorporate art into the overall design of the facility. Proposed Public Art Budget: $100,000 PROJECTS PLAN-PAGE 5 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Trails and Greenbelts The City of Allen has a growing trails and greenbelts system that provides hiking and biking recreational opportunities and also helps maintain the natural environment in this rapidly growing community. The trails system includes both off-road trails and on-road bike routes. The system also includes primary trailheads,which are gathering places that generally include signage,point of access,seating and/or picnic tables,and parking.Secondary trailheads include the same elements minus the parking. Off-road trails are generally built along the City's many Greenways;the undeveloped 100-year floodplain along Allen's many creek beds. These trails also tie into the Six Cities Trail Plan,a cooperative effort among the Cities of Allen,Frisco,Garland, McKinney,Plano and Richardson to link their trail systems. Because the off-road trails are along creeks,Trail Bridges are another dominant,reoccurring design element. There are currently 30+/-miles of off-road trails in Allen and an additional 55+/-miles planned. Specific Project Opportunities Trail Development,Phase 3 Over the next five to ten years,Allen Parks and Recreation Department is planning construction of trail segments to fill in gaps in existing trails.New trails will include Star Creek(2.5 mi.), Cottonwood(.35 mi.), Brookside(.09 mi.),North Texas Municipal Water District(NTMWD)(1.4 mi.),McDermott property(3.3 mi.),The Farm(5.6 mi.),Molsen Farms(.4 mi.),and the Arts of Collin County site(1 mi.). Public Art Approach:This construction creates opportunities for enhancing trails with site-specific works of art along the trails and creative wayfinding projects which will enhance the user's experience. The meandering nature of these trails creates a unique opportunity for the placement of artwork that will surprise viewers and create a direct and visceral connection.Therefore,when new trail bridges are being designed,artists should be involved in the design process.When funding is available,artists should be given the opportunity to create artwork that is responsive to natural surroundings.In addition,trails may be appropriate locations for artworks that are given or loaned to the City. Proposed Public Art Budget: ❖ $25,000 per single project ❖ $5,000 design fee for artists working on the design of pedestrian bridges Cottonwood Creek Trail Bridge This proposed bridge would be located north of Exchange Parkway on the Cottonwood Creek Trail which passes through Allen Station Park. It will provide access across Cottonwood Creek to complete trail linkage to the dam site. Public Art Approach:The public art for this project should emphasize the historic importance of this area and should be interpretive in nature.An artist should be selected through an invitational competition and interview to work with the bridge engineers in creating a work that is integrated PROJECTS PLAN-PAGE 6 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 with the overall design of the trail bridge.The public art funds should be used as a design fee and the cost of the enhanced design should be borne out by the base construction budget. Proposed Public Art Budget:$6,800(design fee) Shadow Lakes Greenbelt The Shadow Lakes Greenbelt includes a hike and bike trail extending from Shadow Lakes Park. It will expand the"Red River"Texas Trails theme of this neighborhood park,its trail facilities and playground.The trail will include a new pedestrian bridge linking the trail to the existing park area. Public Art Approach: The public art for this project should emphasize the historic importance of this area and should be interpretive in nature.An artist should be selected through an invitational competition and interview to work with the bridge engineers in creating a work that is integrated with the overall design of the trail bridge.The public art funds should be used as a design fee and the cost of the enhanced design should be borne out by the base construction budget. Proposed Public Art Budget:$5,000(design fee) PROJECTS PLAN-PAGE 7 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Examples of Public Art at Parks, Trails and Greenbelts x I j 'if', s r;. Grasshopper Bridge,Ed Carpenter, 1 ' pi 1, , Commissioned by the Phoenix Arts ~"" °� di,`, _I Commission,Arizona,1997 "rilikakillis- -4-4 } ir::: 77y-.4 r w T '? • f ;11�I I x. e',M 9 Walnut Creek Veterans Memorial,Cliff ' ' A Garten Commissioned by the City of Walnut 1�(y. �f.�� r,a�.` I 3t-� p. tom", ��+'' .51 � TOj S;'4. " ,I Creek,California,2004 411 lairlbat ,i: • ' Terrace Wall,Elaine Taylor, Dallas,TX,2001 1 1 PROJECTS PLAN-PAGE 8 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Community Use Facilities The City of Allen has developed many wonderful facilities for general community use,and several more are in the planning stages. These facilities include the sports and recreation centers developed and run by the Parks and Recreation Department,as well as other community resource facilities,such as the Senior Center,the Allen Public Library,the Heritage Village,and the Heritage Center.1 Sports and Recreation Facilities The City of Allen currently has three developed sports and recreation facilities:the Joe Farmer Recreation Center,the Don Rodenbaugh Natatorium and the Chase Oaks Golf Course. Over the next five-ten years,it is anticipated that the City of Allen will build two new Sports and Recreation Centers in the western parts of the City. The public art goals for Sports and Recreation Centers include: • Create a sense of coming back home • Address areas both inside and outside the facilities • Be infused into ordinary objects • Address themes such as local history or athletics • Involve kids and other recreation center users in their creation Specific Project Opportunities Joe Farmer Recreation Center The Joe Farmer Recreation Center is currently the City's only recreation center until one is built on the west side. It has a fitness room,full-size gym,two racquetball courts,walking/jogging track, game room,locker rooms,meeting rooms and a hillside amphitheater.The recreation center offers a variety of youth and adult classes and activities. Public Art Approach:An artist or artists should be selected as the result of an open call to create a site-specific work or works addressing the public art goals for Sports and Recreation Facilities. Artwork should be in a highly used common space. Proposed Public Art Budget:$100,000 Don Rodenbaugh Natatorium The natatorium is a joint venture with the Allen Independent School District.The facility contains 7,000 square feet of leisure waters,a 25-yard by 25-meter competition pool, 5,000 square foot 1 Due to the intergovernmental nature of the Collin County Performing Arts Center,it was not included in this report. However,we encourage the City of Allen to work with the Cities of Plano and Frisco to commission public art in conjunction with the Center.Should this be considered,the overall Allen contribution should be equivalent to 2%of the GO Bond funding committed to this project,or approximately$395,600. PROJECTS PLAN-PAGE 9 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 fitness facility,an aerobics room,a climbing wall,and related support facilities.A variety of land and water fitness classes are offered at the Natatorium. Public Art Approach:An artist should be selected as the result of an open call to create a site specific work addressing the public art goals for Sports and Recreation Facilities. Artwork should be in a highly used common space. This site could be ideal for an artist to collaborate with students at the Allen High School. Proposed Public Art Budget: $100,000 Recreation Center—West Side Located in the Rowlett Creek Community Park,north of and along Exchange Parkway,this new indoor recreation facility will offer a variety of youth and adult classes and activities. Public Art Approach:Artists should be selected as the result of an open call to artists and should be selected as early in the design process as possible in order to be able to create artworks that can be integrated into the design of the facility. Proposed Public Art Budget:$160,000 Chase Oaks Golf Course In the fall of 2004 the City of Allen assumed ownership of the Chase Oaks Golf Club,a 260-acre, 27-hole course located west of U.S 75/Central Expressway and just north of Chase Oaks Boulevard and Legacy Drive. Public Art Goals: In addition to the public art goals listed above for sports and recreation facilities, the following goals also pertain to Chase Oaks: ❖ Enhance the drive-by appeal of this facility. ❖ Create a sense of arrival. Public Art Approach:The course has frontage along U.S.75 and could have a large impact on those passing along this corridor as it sits at the southern entry point to the City.An artist should be selected as a result of an open competition to work with landscape architects on the planned improvements to the frontage area. Proposed Public Art Budget:$10,000(design fee) Community Resource Facilities In addition to sports and recreation facilities,the City of Allen has facilities such as the Senior Center,the Allen Public Library,the Heritage Center and Allen Heritage Village which are open for community use and have a host of resources. Specific Project Opportunities Senior Center Pro Forma Architecture,Inc.of Dallas has designed this facility located on St.Mary Drive east of Cedar Drive just east of the Historic Village project in Phase II of Allen Station Park. The new PROJECTS PLAN-PAGE 10 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 senior facility will be approximately 22,000 square feet and will include a 6,000 square foot multi- purpose room,a commercial kitchen,dining room,fitness room,craft room,great room,game room and two multi-use classrooms.The Allen Senior Center is open to anyone 50 or older and/or retired citizens and their spouses regardless of age.The facility is scheduled to open in January 2006. Public Art Goals: • Enhance outdoor public,gathering spaces. • Make transplants feel at home. • Bring the generations together. • Relate to the community and create a strong sense of coming back home. Public Art Approach:An artwork that will spark intergenerational dialog would be appropriate at this site and could be incorporated into the outdoor gathering space in the back patio area.The artwork could be based upon oral histories and/or engage those who use the Center in ongoing landscaping or gardening projects. Alternately,a glass artist could be selected to incorporate these narratives into the glass around the courtyard. The artist or artists for this site should be selected as the result of an open competition. Proposed Public Art Budget:$80,000 Heritage Center The Allen Heritage Center is a rental facility available to both residents and non-residents modeled after a historic train depot.The facility includes a large open meeting space with a small,full kitchen available.The facility is located at 100 E.Main Street and is reminiscent of the train depot that was once located in downtown Allen. Pubic Art Goals: • Complement the railroad theme of the Center. • Be specific to the history and heritage of the community. • Contribute to the vitality of the Central Business District. Public Art Approach:Public art at the Heritage Center may provide a shaded seating area,or accommodate a play structure or a sculpture with a railroad theme.The work should be sensitive to the heritage of the community and should be interpretive in nature. The artist or artists for this site should be selected as the result of an open competition. Proposed Public Art Budget:$75,000 Allen Heritage Village Development of the Allen Heritage Village recognizes the significance in preserving pieces of its past among the City's rapid development.As part of this project,developed in cooperation with Allen Heritage Guild,several of Allen's oldest remaining homes and outbuildings and a well- preserved church were procured.Additionally,several acres of land in Allen's old residential area were purchased to establish a"village"setting where the structures could be relocated and restored,forming a park where visitors can admire the structures and enjoy learning about Allen's history from interpretive exhibits inside the structures. PROJECTS PLAN-PAGE 11 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 All nine buildings have been moved to the village.The Heritage Guild is now actively raising funds for the renovation of the structures.Each of the structures in the Heritage Village will be renovated to depict the history of the City of Allen. Public Art Goals: • Complement and help communicate the historical themes at the Village. • Set off the Heritage Village as a distinct area through artistically designed infrastructure and public spaces. • Incorporate community input,personal histories and stories. • Engage visitors of all generations. Public Art Approach:An artist could be commissioned to create an interpretive installation at the visitor's center to ensure that aspects of Allen's history will be represented.Another opportunity would be to commission an artist to develop an interpretive wayfinding program to guide visitors through the Village. Proposed Public Art Budget: $75,000 Allen Public Library Located on the northeast corner of Allen Drive and Coats,this 53,000 square foot facility includes a 43,000 square foot Library and a 7,000 square foot civic auditorium that seats 289. Public Art Goals: • Create or enhance spaces for quiet reading and contemplation both indoors and out • Visually enhance high visibility areas. • Create a sense of entry or arrival. • Entice children and encourage them to come inside and explore the library. Public Art Approach: There are many opportunities within the new Allen Public Library where public art would make a strong visual impact. It is recommended that one or two artists be selected through an open call to create artworks for one or two of the following sites.This initial project(s) would be a starting point for a more comprehensive public art program within the Library itself, which may require additional study. • The entry atrium provides a dramatic,two-story venue for suspended artwork that will enhance the appreciation of the architecture of the space. • The library has been designed with a courtyard intended for the placement of sculpture. It is a desire of library staff to commission an artist to create a funders wall or water feature at the end of this courtyard that would incorporate the funders plaque from the old library. Individual works of art could be commissioned for placement in this courtyard. • An artist-designed gateway or entrance feature,gazebo,or fountain,and play tables or game tables outside would beckon children into the wonders of the library. Listed below are some additional recommendations about how the Public Art Program and the Library can work together. PROJECTS PLAN-PAGE 12 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 • It is recommended that the Public Art Program make use of the exhibition cases that are installed in the Library to help promote the program. • The area to the northeast of the library adjacent to St. Mary Drive and nearby Allen Station Park has been master planned as a sculpture park.The Public Art Program should approach this area as a location where temporary loaned works may be exhibited or temporary site- specific exhibitions may take place in the spirit of Connemara.Future expansion plans for the library and the anticipated need for additional parking exclude the desire to place permanent site specific works of art. Proposed Public Art Budget:$190,000 for the initial 1-2 projects PROJECTS PLAN-PAGE 13 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Examples of Public Art at Community Use Facilities ,waraft quivelii.LNI04,. Al E RI i II1�►w!!!11111! Swimming Under the Tree,Shan Shan Sheng, I Commissioned by the City of Denver,CO,2004 gr. i ---Joikfirr --'1 law- Aillik CO Locomotion,Jack Archibald, "4 -- T ' ' ..S Commissioned by the City of Mt.Vermont, _ _: a h A WA,2004 - - I 1 sue t"o, p ii ii IN Flii L pi ■ J �6 t The Little Prince,Han Averbuch,Commissioned by the City of Portland,Oregon,2004 i ;srw.r 4. PROJECTS PLAN-PAGE 14 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Civic Use Facilities The City of Allen also has buildings which fall into the category of"civic use." These facilities house City governmental functions,such as City offices,courts,and municipal services. They also include public safety related facilities,such as the police headquarters and fire stations. Many of these facilities,including City Hall,the Police Headquarters,the Fire Headquarters,and the Courts Building have already been constructed and are clustered along Century Parkway between McDermott and Millennium Drive. Other new buildings,such as several of the Neighborhood Fire Stations and the Municipal Service Center,have yet to be constructed. City Government Functions The following facilities house the functions of city government in Allen. They include existing facilities, buildings with planned renovations,and facilities in the planning stages. Specific Project Opportunities City Hall Allen City Hall is an architecturally significant structure and serves as a strong focal point for the civic life of the community.The Civic Plaza,designed by Dallas artist Brad Goldberg,is a visual anchor for the exterior of the building and ties the civic campus together. In the rotunda is a painting by local artist Amanda Dunbar. Public Art Goals: • Complement the architecture, materials and design of the building and Civic Plaza. • Help create a sense of arrival to this important civic place. Public Art Approach: Any additional public art at City Hall should be focused on the front of the building or in the rotunda. Public art could help with wayfinding in the overall City Hall complex,or could be included in places where everyday citizens encounter the building,such as the utility payment drop-off. Suspended art from the rotunda ceiling would help focus attention on the interior of the building and would be visible from all three levels. If a work were to be commissioned for this site,careful consideration should be given to relocating the Dunbar painting so that one work will not dominate the other.Since a signature work of art is already located outside of City Hall within the Civic Plaza,additional art at City Hall should be a low priority in the near term. Proposed Public Art Budget:$120,000 Former Allen Library/Parks and Courts Building DMA Architects of Allen Texas is providing Architectural/Engineering(NE)Design Development Services for the adaptive reuse of the old public library.The facility will be redesigned to house both Municipal Courts and Parks and Recreation administration personnel.The renovation is expected to be completed by December 2005. Public Art Goals: • Help identify the uses of the facility. PROJECTS PLAN•PAGE 15 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 • Create a welcoming space for City employees and visitors. • Enhance the aesthetics of the facility and its surroundings. Public Art Approach:Suspended art in the foyer area and etched artwork in the glass partitions and entries to both Courts and Parks and Recreation sides of building will improve the public areas of the facility while enhancing the identity of the new functions of the building. Proposed Public Art Budget:$22,000 Municipal Service Center The Municipal Service Center will be home to approximately 250 employees from Parks,Utilities, Street/Drainage,Traffic,Warehousing and Fleet Maintenance. The Service Center will occupy approximately 14 acres in four separate buildings with minimal general public access. It will include shop space,material storage,and fleet maintenance. It will be located in a commercial business park and address the street and neighbors with the appropriate screening and landscaping. Green space and landscaping will be concentrated on the street side of the project. Public Art Goals: • Let employees know that they are appreciated. • Communicate what public services do. Public Art Approach:The public art should address how this facility meets the street and the surrounding residential area. An artist should be selected as the result of an open, national call to artists to work with the landscape architect for the site to establish creative screening or to create a project that will inform the public about the important role of these public works employees. Proposed Public Art Budget:$75,000 Public Safety Facilities The City's public safety facilities include the Police Headquarters,the Central Fire Station,and the Neighborhood Fire Stations. All of these facilities have a presence from the street. They are places where police and fire department personnel spend much of their time,but they are infrequently visited by Allen citizens. The core goals for public art at these facilities are the same. Public Art Goals: • Honor the police officers,firefighters,and other department personnel who serve the City. • Address both public spaces and the places inhabited by department personnel. • Touch younger generations. Specific Project Opportunities Police Headquarters The Police Headquarters was built in 1988 and was expanded in 2001-2002 to add additional space. The building is now approximately 36,000 square feet. Located across the street from City PROJECTS PLAN-PAGE 16 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Hall,the renovation also made changes to make the Headquarters more functionally and aesthetically compatible to City Hall and the new Civic Plaza. Public Art Approach:This facility could be enhanced by a work of art outside,which would be visible to passers-by,or on the interior of the space,which would be for visitors and the Police Department personnel to enjoy. As this facility is already in existence,the artwork would not necessarily be integrated, but it could be site-specific. Proposed Public Art Budget: $75,000 Central Fire Station,Administrative Offices and the Ron Gentry Fire Training Center The Central Fire Station and Administrative Office building was built in 2002 and houses all administrative personnel and several pieces of equipment,including an ambulance,truck company,a heavy rescue,the brush truck,reserve apparatus and the Fire and Severe Weather Safety Trailer.There is also a four-story training tower and a state-of-the-art training center. Public Art Approach: This facility could be enhanced by a work of art outside,which would be visible to passers-by.Since a painting by Amanda Dunbar resides inside the building,public art funding should be focused on the exterior of the building.As this facility is already in existence,the artwork would not necessarily be integrated, but it could be site-specific. Proposed Public Art Budget:$75,000 Existing Neighborhood Fire Stations Station 2 is located in the North East part of the city.Currently,Station 2 houses an engine and the reserve ambulance. Station 3 is the other east side station, positioned to cover the southern portion of the east.Station 3 houses an engine and an ambulance. Station 3 also has a classroom that is used for various city training programs.Station 4 was built in 1998 and covers the far west area of Allen. In addition to housing an engine and ambulance,Station 4 also has a training room used for city training.Stations 3 and 4 have the same basic floor plan. Public Art Approach: Existing Neighborhood Fire Stations could be enhanced by a work of art outside,which would be visible to passers-by,or on the interior of the space,which would be more for visitors and the Fire Department personnel to enjoy. As these facilities are already in existence, the artwork would not necessarily be integrated,but it could be site-specific. Proposed Public Art Budget: Fire Station No.2:$25,000 Fire Station No.3:$25,000 Fire Station No.4:$25,000 New Neighborhood Fire Stations There are two proposed Neighborhood Fire Stations to be built in Allen. The proposed location for Fire Station No.5 is on Shallowater Drive south of Rowlett Creek and north of McDermott Drive. This facility,to be located in a commercial district,will include three apparatus bays,a kitchen, sleeping areas,and parking for staff. The proposed location for Fire Station No.6 is at Wafters Road,north of Stacy Road.The facility, to be located in a residential area,will include two apparatus bays,a kitchen,sleeping areas,and parking for staff. PROJECTS PLAN-PAGE 17 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Public Art Approach:Due to the residential location of the Fire Station No.5,the public artwork should address the surrounding neighborhood and raise awareness of role of the firefighter in the community. Due to the commercial location of the Fire Station No.6,the public artwork should address the surrounding businesses and raise awareness of role of the firefighter in the community. Early in the design of the stations,an artist should be selected through an open call for artists and a competitive proposal process to develop an artwork that can be integrated into the design of the facility and meet project goals. Proposed Public Art Budget: Fire Station No.5$25,000 Fire Station No.6$25,000 PROJECTS PLAN-PAGE 18 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Examples of Public Art at Civic Use Facilities T. , . rE f's 1 P i Li .ate"- Who We Are,Stephen Farley,Commissioned by the City of Frisco,TX,2004 n I .II ' - - ' I , lII1L 1 i lipn ' _ 1 ., . ..„ ,. .,..„. ,. ,... wh ......„ .,.,...„....r, ..2:."7 1.• • I Sleuth, Howard Meehan,Commissioned by the New Mexico Arts Commission,2003 1 ,, I 0 Source East West, Larry Kirkland,Commissioned �� by the City of Denver,CO,2002 x .., -''-' 41‘.. T- 1 Alli s, PROJECTS PLAN-PAGE 19 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Corridors and Gateways As evidenced by the City of Allen Streetscape Imagery Study and Image Street Parkway Guidelines commissioned by the city from MESA Design Group in 2002,the City of Allen is focused on developing a transportation system that not only moves people, but also serves as effective wayfinding and creates an identity for the City. Public art can complement the streetscape by helping to identify specific corridors and serving as gateways to the City and to the Central Business District,the CBD Core Zone,and other important areas of the City. Specific Project Opportunities U.S.75 Corridor U.S.75 is an important entry point into the City of Allen.For many,it is the primary way that they are introduced to the community and find their way to their destination.Currently,the state of Texas,acting through the Texas Department of Transportation in its Landscape Cost Sharing Program,is partnering with the City of Allen for landscape improvements on U.S.75 Hwy. These improvements will encompass the majority of the U.S.75 right-of-way in Allen,from Rowlett Creek on the southern boundary to Stacy Rd.as the northernmost extent.Any public art plans proposed for this right of way should be developed in partnership with the department of parks and recreation. Public Art Goals: • Let people know that they are in a unique place. • Create a sense of unity along the corridor. • Bridge the divide between east and west. • Make geographic and social connections. • Orient visitors. North and South Entry Points The Streetscape Study recommended creating"Civic Portal Icons"at the intersections of U.S.75 and 121 in the north and U.S.75 and Ridgemont in the south. Public Art Approach:The fact that the U.S.75 and 121 interchange is scheduled to be completely re-built presents an interesting public opportunity that goes beyond just placing markers at these sites. An artist should be selected to serve on the design team to enhance the overall design of the U.S.75 and 121 interchange.Only a quarter of this interchange is actually within Allen City Limits and this presents a unique opportunity to partner with McKinney. This artist should be selected prior to the Texas Department of Transportation(TxDOT)entering into the schematic design phase for the project.The public art budget should be used as a design fee for the selected artists.The goal would be for the artist to design within the baseline budget for the overall project. If recommendations for additional enhancements arise from the design collaboration which would significantly increase the cost of the budget,the City of Allen,if willing, could be responsible for funding these enhancements. A site-specific work of art should be designed at the U.S.75 and Ridgemont interchange to mark the southern entrance to the City in addition to the monument recommended in the Streetscape Study. PROJECTS PLAN-PAGE 20 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Proposed Public Art Budget: U.S.75 and 121:$50,000 U.S.75 and Ridgemont:$125,000 Interior Interchanges The interior interchanges are also important entry points to Allen. These interchanges include: • Ridgeview • Bethany Drive • McDermott Drive • Exchange Parkway • Stacy Road Public Art Approach: The public art at these interchanges should engage the traveling public that passes underneath U.S.75.Commissioning artists to address those who pass underneath the highway will help to blur east-west divisions as well as soften the hardscape of the infrastructure. An artist should be commissioned to work within the existing conditions of these interchanges.The only limitations on the creation of new work at these sites should be that the works not be distracting to the traveling public and that the work not be construed as advertising. If using LED, neon or fiber optic lighting,the color red should be avoided.The Public Art Committee should investigate any landscaping plans that the City may have for these sites before finalizing the scope of work. Proposed Public Art Budget: $150,000 at each interchange McDermott and Century Parkway— Gateway to the Civic Complex Although not recognized as an official entry point to the community,the corner of McDermott Drive and Century Parkway is an entry point to the heart of the Civic Complex. Public Art Goals: • Offer a strong civic identity for the community. • Be visible from the U.S.75 and McDermott interchange. • Provide an additional sign of arrival. Public Art Approach:With the adaptive reuse project of the Old Allen Library,the southeast corner of McDermott and Century Parkway should be considered as a site for public artwork. An artist proposal should be selected as the result of a national competition. Proposed Public Art Budget:$150,000 Allen Drive and Roundabout The new Allen Public Library will bring with it new-found attention to the Central Business District (CBD).Intended to revitalize this area,a reconstructed Allen Drive will serve as the gateway to the CBD and the new facility.From McDermott Drive north to the new Library,Allen Drive has been reconstructed with a new streetscape which includes widened sidewalks,landscaping,sidewalk paving patterns and lighting.A new traffic circle,or roundabout,will connect Allen Drive and St. PROJECTS PLAN-PAGE 21 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Mary Drive,replacing the two 90-degree bends in the existing Allen Drive alignment. The reconstructed Allen Drive and roundabout will be completed in 2005. Public Art Goals: • Draw people to the CBD. • Enhance the surrounding area as a community gathering place. • Emphasize/reflect the overall feel or theme of the CBD. • Make the area recognizable place,a landmark. • Create an aesthetic presence. Public Art Approach: It is recommended that Public Art Program commission a site-specific work in the center of or surrounding the roundabout in an effort to draw attention north from McDermott towards the Library and the CBD.This work could take many forms,from a fountain in the center which has choreographed water and light to an artwork that plays on elliptical shapes— referencing the architecture of the City Hall and Library.The Public Art Program Staff should share the Allen Drive streetscape plan with the selected artist to ensure that the artwork visually enhances the entire area. This project could make a dramatic visual impact and would be most cost-effective to do while the roundabout is still under construction. Due to the short timeframe on this project,it is recommended that a list of only 10-20 artists be invited to submit their qualifications for review by an artist selection panel.The panel may select three to five artists to submit proposals for this site and invite the artists to present their proposals in Allen.The final artist will be invited to finalize their proposal with community input. Proposed Public Art Budget: $100,000 PROJECTS PLAN-PAGE 22 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Examples of Public Art at Corridors and Gateways ..4111 _ . -'\ '_ <��. Camelback Road,Barbara Grygutis, I / �.,. _ �' r- , Barr,..J �_^■ __ _ Commissioned by the City of Phoenix,AZ, ......----. 2001 I -:xa VA -. •.s '-.•.- .- : te ,, '-'- ,, • :4 .yr il '"` Reflections on the Columbia,Dick Elliott, "'` ' 1,0 Commissioned by the City of Pateros,WA, `x 044, T Y,3t r: ry Y , .: .41 4 t-I';C: 4 iNo., K �F ! +" N +.'d '' I ril 0_� . co. I y. . "V•;,_ Newport Way Retaining Wails,Vicki Scuri, Z t ,+ Commissioned by the City of Bellevue,WA, 041* 'i 1 tvil 2000 , likite �-}A/ PROJECTS PLAN-PAGE 23 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Central Business District The Central Business District(CBD)is the historic downtown of Allen. It is an area that is pedestrian in scale,and ideal for mixed use development. However,the CBD is currently underutilized and the City is in the process of developing a comprehensive redevelopment plan for the area. Because of the significance of the CBD,it merits special mention in the Projects Plan. Both temporary and permanent public art can help in the revitalization of the Central Business District. Public Art Goals: • Help create an identity for the CBD. • Draw people to the CBD. • Create visual interest and an aesthetic feel. • Reflect the active,pedestrian-oriented nature of the CBD. • Get people talking and thinking about art. Specific Project Opportunities Permanent Public Art Many of the public art opportunities listed above in the Projects Plan are in the CBD. Specifically, these include the Central Library,Allen Drive and Roundabout,the Heritage Center and the Senior Center. When these projects are commissioned,the goals for art in the CBD,listed above,should also be considered. Due to the pending plans for redevelopment in the CBD,commissioning additional permanent public art in the CBD is not recommended in the near term. Temporary Public Art The CBD is an ideal area to commission temporary public art projects that will draw attention to area,as well as generate opportunities for younger artists who may not yet have the experience needed for permanent installations. As a temporary work,the art could be designed to stay in place for a day to up to three to five years,depending on the project. Ideas for temporary art can range from newly commissioned works,works on loan from other institutions,or community arts projects. Works could be sculptural,involve the banner program through artist-designed banners, or be two-dimensional,such as murals or street paintings. PROJECTS PLAN-PAGE 24 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Examples of Public Art in Central Business Districts '7:2\ Weatherdance,Andrea Myklebust and \, Stanton Sears,Commissioned by the City of ? ' . Iowa City,IA,1999 l&--7,, N-1,..a. -, —j Coming Home,Michael Pavlovsky, 1 �% -- Commissioned by the City of Grapevine,TX, - - 2000 '-.4' I;Ikk .S,- `.. ems'; <<,_�- :. µ .1, You,Gail Simpson and Aristotle Georgiades, temporary exhibit at Pier Walk,Chicago,IL, ' " 1997 I F Vildrill 1i Om' -' iullIIINlnmu1111111Ini•' ", PROJECTS PLAN-PAGE 25 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 f ` a r illi I , S I rl iI ? i lw Ott I - .= Ns.�� �. �` I �I f1 I r � ,._. - 1 fif ;; � ii !_ i ra` 1-ag lil Nr I I 411 Ii = �lar .ayI ``� 11 I I i ________p____„__2"Iti\— I t' l' t �'C / I # p r 1 �� y .., Ill tit. [ i k,r-----'-"---------- C--- I \ il 1 , ' - ) 1 , :,../..i)7 PROJECTS PLAN-PAGE 26 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Summary of Public Art Opportunities Location Proposed Status Public Art Priority/Year Public Art Funding Source Budget Parks,Trails and Greenbelts Maxwell Creek Neighborhood Park Maxwell Creek,Bethany Ridge 40,000 New Estates&Arbor Lakes subdivisions Twin Creeks Neighborhood Park West Rowlett Creek at Twin 40,000 New Creeks Golf Club Existing Neighborhood Park NW Northwest quadrant of City 40,000 Existing Existing Neighborhood Park SE Southeast quadrant of City 40,000 Existing Dayspring Nature Preserve 622 Rainforest Lane 10,500 Renovation and Expansion Rowlett Creek Community Park Exchange Parkway adjacent to 120,000 New Collin County Performing Arts Center Bethany Lakes Park 745 S.Allen Heights Drive tbd Renovation Celebration Park 701 Angel Parkway 60,000 Expansion Jupiter Park 510 S.Jupiter 16,000 Renovation Allen Station Park 1120 North Cedar Drive 75,000 Expansion Athletic Complex—West Side TBD 100,000 New Cottonwood Creek Pedestrian Bridge Along Cottonwood Creek Trail 6,800 New Shadow Lakes Greenbelt Allen Heights and Park Place 5,000 New Trail Development,Phase 3 Misc.locations 100,000 Expansion (4 projects) Community Use Facilities Joe Farmer Recreation Center 1201 E.Bethany Drive 100,000 Existing Don Rodenbaugh Natatorium 110 Rivercrest 100,000 Existing Recreation Center—West Side TBD 160,000 New Chase Oaks Golf Course 7201 Chase Oaks Blvd. 10,000 Renovation Senior Center St.Mary Drive and Cedar Drive 80,000 In Progress Heritage Center 100 E.Main 75,000 Existing Heritage Village 450 E.St.Mary Dr. 75,000 Expansion PROJECTS PLAN- PAGE 27 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Library—Main/Auditorium 300 N.Allen Drive 190,000 Existing Civic Use City Hall 305 Century Parkway 120,000 Existing Former Allen Library/Parks and Courts 301 Century Parkway 22,000 Renovation Building Municipal Service Center TBD 75,000 New Police Headquarters 205 W.McDermott Drive 75,000 Existing Central Fire Station 310 Century Parkway 75,000 Existing Fire Station No.2 1100 Exchange Parkway 25,000 Existing Fire Station No.3 1021 E.Bethany Drive 25,000 Existing Fire Station No.4 615 N.Alma Drive 25,000 Existing Fire Station No.5 Shallowater Drive between Rowlett 25,000 New Creek and McDermott Drive Fire Station No.6 Watters Road,north of Stacy Road 25,000 New Corridors U.S.75 Interchange at SH 121 U.S.75 and SH 121 50,000 New U.S.75 Interchange at Ridgemont U.S.75 and Ridgemont 125,000 Existing US 75 Existing Interchanges(5) U.S.75 at Bethany 750,000 Existing U.S.75 at McDermott (5 projects) U.S.75 at Exchange U.S.75 at Stacy U.S.75 at Ridgeview McDermott Drive and Century Parkway McDermott Drive and Century 150,000 New Parkway Allen Drive and Roundabout Allen Drive and St.Mary Drive 100,000 New TOTAL $3,110,000 PROJECTS PLAN- PAGE 28 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 MM. AMM11M7 ?ROG D AVS PLAN Through the Public Art Program,the City of Allen has an excellent opportunity to go beyond simply enhancing public spaces. The Public Art Program can identify the City as an innovator and a cultural destination. By engaging people with the artists and the works of art,the Public Art Program can enhance the overall quality of life in the community in a meaningful way. The following recommendations focus on how to promote the successes of the public art program,how to create hands-on encounters with art,and how to encourage public art in private development. Promoting the Public Art Collection Activities When Commissioning or Receiving a New Artwork The addition of a new work to the Allen Public Art Collection is an important opportunity to promote the project and the collection.With each project,the following activities should be considered: During the Commissioning Process The Artist Selection Panels are one way to involve community members through the selection of the artist or artwork.There are,however,other ways to engage the community, including: • Utilizing public venues such as the Allen Public Library or the new Collin County Performing Arts Center to: o Display the finalist artist maquettes for public comment. o Display maquettes for approved projects. o Show other works by the selected public artist. • Publishing information about the project and artist in City newsletters and on the web prior to the installation of the work. • Sending local media organizations press releases about the project and the selected artist. The fabrication and/or installation of the artwork may make for a great story or photo opportunity. Unveiling the Artwork Once the work is installed,additional efforts should be made to inform people about the artwork and artist. • A ribbon-cutting/unveiling ceremony is an excellent opportunity to acknowledge everyone who helped make the project possible. • Speaking engagements,lectures,workshops,or receptions for the artist can be scheduled. • A press release can be distributed about the project. Media can be invited to the unveiling. • A brochure can be published about the new work. Information about the artwork can be added to the City's website. COMMUNITY PROGRAMS PLAN-PAGE 1 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Media and National Recognition Creating a world class Public Art Program is something that will require a great amount of effort by staff,Allen citizens,and the artists themselves. Communicating the successes of the Public Art Program with the broader community will have a lasting benefit to the program itself and for the City. In addition to inviting local media to cover the commissioning and installation of a new work of art (described above),the Public Art Program staff,working with the City's communications staff, should target specific regional,state, national,and trade media organizations and other avenues of recognition for the public art collection. Successful media will: • Raise the profile of the City's public art program. • Inform people about the process used to select artists and works of art for the City. • Encourage people to get involved on the Public Art Committee or on an Artist Selection Panel. • Educate people about the works of art,the artists that create them,the processes they use, etc. • Draw attention to Allen,Texas as an innovator and an arts destination. Arts Media There are several journals and magazines which would potentially cover new works of art being commissioned in Allen. Currently,The Public Art Review is published quarterly and is the only national journal that specifically focuses on public art. Sculpture Magazine also has a regular section on public art commissions. Other art magazines and artistic media-specific journals may also cover public art. The artists should be consulted for recommendations of magazines and journals which cover their artistic media. Another avenue of recognition is the Americans for the Arts-Public Art Network Year in Review. This annual survey of the best public art commissioned in the past year is presented at the Americans for the Arts annual Public Art Pre-conference and is then published on their website and is available for purchase. Other National Media Another target may be media and recognition that focuses on architecture and the building trades. The American Institute of Architects and the American Society of Landscape Architects have several awards that focus on public buildings and public parks,of which public art might be one component. Other publications such as Facilities Management Journal may have special interest in a public art project associated with public buildings. Website The internet may be the first place where many people,from Allen and elsewhere, learn about the City's public art collection.The City of Allen's website should be used to provide current information about the public art program,including a map and information about all of the work in the City's public art collection. In addition,it can be used to promote calls to artists,advertise opportunities to join Artist Selection Panels,promote collaborative programs,and share information about projects which are still in the commissioning or fabrication/installation process. COMMUNITY PROGRAMS PLAN-PAGE 2 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Print Materials There are a variety of print materials that can be developed to promote public art in Allen. Maps/Self-guided Tours A brochure showing a map of all of the City of Allen's public art collection would encourage local residents and visitors to Allen to experience these works.These brochures could be distributed through the City,the Chamber of Commerce,the Convention and Visitors Bureau,and the regional concierge association. Artwork-specific Brochures For some works of art,the Allen Public Art Program may choose to create brochures specifically about that work of art to be distributed through the City,the Allen Public Library,the Chamber of Commerce and Convention and Visitors Bureau. In addition,a poster,bookmark or other printed piece could help engage people in a particular work of art. Catalogs Once the Public Art Program is established,the City of Allen may choose to develop a print catalog of the art collection. A catalog is a colorful booklet that highlights specific public art projects in detail.Not only does the catalog become a useful tool to promote the program,it benefits the artists that are included in the collection. Newsletter A great way to keep residents of the City of Allen informed about the Public Art Program is to publish updates regularly in the City Newsletter. Public Art Tours Through the Parks and Recreation Department,periodic tours of the City's public art collection could be organized and advertised through the regularly published Parks and Recreation Activity Guide. Tour leaders could be volunteer docents trained to lead tours. Tours could also be organized on demand. Should a special group wish to take a tour,they could contact the Public Art Program staff to coordinate a tour with a volunteer docent. Creating Hands on Encounters with Art Community Festivals and Celebrations Events that bring people together and engage them creatively will help build community connections in Allen. Public art can be at the center of such festivals and celebrations,or can be a component of larger events. Community Presentations, Lectures and Studio Tours The Public Art Program could collaborate with the Allen Arts Alliance and/or other interested parties to sponsor presentations and artist lectures or panels. Other special collaborative events may include tours of studios of Dallas-area artists or of private collections. COMMUNITY PROGRAMS PLAN-PAGE 3 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Temporary Art Temporary public art is a way to bring a variety of exciting new artwork to the street as well as draw attention to community events.Temporary works of art by local or regional artists could be commissioned for special community events or locations through a competitive process.Artists should be compensated with a stipend for their work.Works could be available for sale or relocation after the event.The proposed sculpture garden at the Allen Public Library would be an ideal location for temporary public art exhibitions. If a catalog is part of the overall program,temporary projects should be included and highlighted. Due to the ephemeral nature of the works,the catalog is often the only lasting testimony of the project and will help the program maintain itself in the civic memory. Youth Involvement The Public Art Program should collaborate with community partners to provide special opportunities for youth involvement. "Art to Go" Curriculum Materials The Public Art Program could partner with Art to Go,a volunteer-driven nonprofit organization which trains volunteers to go into Allen Public School classrooms to teach art appreciation,to develop curriculum materials that focus on the Allen Public Art Collection. These materials can include images of the artwork and suggestions for how to use the work of art to teach lessons in the arts,as well as in the language arts,mathematics,social studies and science. Artist Residences Specific public art projects can be designed so that the artist will work within a school to develop the artwork. Their involvement can include involving students in either the design of the work,the execution of the work,or both. For residencies,an artist should be selected who has interest and experience in developing an artwork in collaboration with youth. The school should be involved in the selection of the artist and setting special curricula goals. In addition to creating the artwork, school groups can get involved in documenting the creation and installation of the work through narrative,photography and video. Special Presentations and Classes In addition to the community presentations described above,artists doing public projects for the City could be invited to do special lectures or master classes with local school groups. Encouraging Public Art in Private Development One of the goals for the Public Art Program is encourage private developers to include public art as an amenity in their development projects. Information One way to encourage developers is to provide them with information about the benefits of public art and guidelines regarding how to commission a work of art. The Public Art Program could develop an informational brochure or packet to be distributed to developers during initial conversations with the City about their project. This packet could include: COMMUNITY PROGRAMS PLAN-PAGE 4 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 • The benefits of including public art in private development projects. • The breadth and depth of what constitutes public art,including site-specific sculptures,artist design collaborations,and artist-designed functional objects. • Recommended processes and timelines for selecting and contracting with an artist. • Community outreach and collaborative opportunities through public art. • Public art resources. Recognition Developers can also be recognized for their public art contributions.Working with the Allen Economic Development Corporation of the Allen Chamber of Commerce,an award could be developed recognizing excellence in public art and design for new developments. The Allen Public Art Program could,upon request,also assist developers in getting media coverage and other attention for their projects. COMMUNITY PROGRAMS PLAN-PAGE 5 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 APPEND XA MAG NE AR HERE WORKSHOP RESU S On January 8,2005,over forty Allen residents and city staff participated in an"Imagine Art Here"workshop. While working in teams,participants were invited to develop and share ideas for places where art will have the most visual impact and where artists can get involved in tackling design opportunities throughout the City of Allen. A compilation of the notes from that workshop are below. TEAMS Parks • Noy Manes • Brian Bristow Central Business District • Will Mitchell • Ben Ferguson • Roger Adams • Maria Sadowski • Nan Gardner • Lee Battle • Wayne Zepp • Denise Gilbert • Jane Bennett • Tracey Hanft • Trudy Israel Corridors • Cheryl Lawson • Ella Jo Adams • Alan Butler • Garrett Lydia • Sue Johnson • Ann Carroll • Eva Sadowski • Kathy Litinas • Doug Dreggors • April Soncrant • Lynn Moore • Synne Ferguson • Jim Waldbauer • Jenna Oke • Chris Flanigan • Wilma Smith • Toni Murray Civic Use • Paula Ross • Sandi Acheson Community Use Facilities • Betty Salt • Kevin Hammeke • Patrice Alessandra • Rod Schwegmann • Lisa Johnson • Susan Butler • David Sterling • Betty Sadowski • Tim Dentler • Debbie Stout • Shelli Siemer • Tom Keener OVERALL AREA EVALUATION What do you like best about Allen? What makes it unique? What is its character?What words would you use to describe Allen as it exists today? • "We"community • Each larger park has • Good city planning • Alive a different theme • Greenspace(2) • Bedroom community • Education • Growing —cling to downtown • Evolving community • High quality parks flavor • Excellent parks and (2) • Changing recreation system • High quality planning • City planning • Excellent schools • Historical markers • Community spirit • Exciting and pieces • Crickets • Family(3) • Making decisions • Do we want a • Friendly now that will be theme? • Geographic critical to the future • Dynamic(2) • Getting in on the • Mitigated growth and ground floor preservation APPENDICES-PAGE 1 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 • Mix of diverse • Parks • Unified feel cultures • Peaceful • Unifying themes • Moving • Progressive(2) • Unique • Much growth and • Quaint • United change • Recreation • Unstatic • New • Safe(3) • Vibrant(2) • Nice environment • Schools • Volunteer • Not too much traffic • Small town feel—big • Want to be one, (2) city amenities undivided • Old&new come • Themes in art— community together(2) native Americans, • Welcoming(2) • Open cotton,wheat,corn, • Well-planed • Open space railroad Ten years from now,what words would you like to use to describe Allen? In the future,what is the overall impression that visitors to Allen should take away with them? • "Time has not stood • Continued • Organized still for Allen" quality/excellence • Park Community of • A beautiful place • Creative/aesthetic North Texas • A neighborhood • Culturally diverse • Place to return to community • Culturally savvy(2) • Planned • A place people want • Cutting edge • Positive energy(2) to live,gather, be • Destination(5) • Preserved the past • A place to grow, • Family(3) • Refreshing learn,meet friends • Friendly • Settled • A restfuVrefreshing • Gathering place(2) • The Park place to enjoy • Great historic village Community of North • A timeless place • Great library Texas • About kids and • Great performing • Thriving (2) families arts • Timeless • Active • Great public art • Trendy • Arts community(2) • Interesting things to • Upscale • Beautiful come and see • Variety • Celebrate past, • Lots to do • Vibrant present and future • Manicured • Volunteerism • Clean(2) • Natural • Well planned(2) • Community • New developments involvement(2) integrated into the • Community that greenbelt system cares about art, • No traffic culture and knows • Open space about art • Opportunities • Connemara APPENDICES-PAGE 2 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 PROJECT IDEAS Location Project Concept Goals Partners Neighborhood • Temporary • Bring people(kids and • Neighborhood families Parks/Pocket Parks (commissioned) adults)to the park • Local artist interactive/kinetic— • Historical touch fell sensory • Educational • Large sculpture to • A surprise element climb on • A single piece, land • Mosaic wall designed • Fun by students • Match the theme or • Birdhouses hanging unifying from trees—painted by kids • Community gardens • Landscaped settings for sculpture Community Parks • Texas playground— • Design for parks • Community map,climbing wall, should be artistic in • Schools Texas terrain nature • Foundations • "New Connemara" • Small scale here lends exhibits to more interest • Multiple artworks • Specific area for art through the park • Interactive • Mobiles that hang and • Identity change Trails and • Bridge art at specific • Draw new users to • Community Greenbelts sites trails and greenbelts • Schools • Sculptures at various • Make them visually • Teachers locations on interesting to all trails/walkways • Visually significant • Wildflower stops • Sensory • Interactive/kinetic • Surprise/fun • Community involvement(hands- on or to generate ideas) • EducationaVinformatio nal art • History • Ecology • Viewed from a distance • Both accessible and not accessible • Both movable and static Old Library Facility— • Suspended art in foyer APPENDICES-PAGE 3 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Future Courts and area between both Parks&Recreation sides of the building Facility with lights and using the existing beams Old Library Facility— . Utilize wood slats to Future Courts and talk about use of the Parks&Recreation building Facility Old Library Facility— . Art in the future glass Future Courts and partitions and entries Parks&Recreation to both court side and Facility parks&rec side of building Old Library Facility— • Outside entrance on Future Courts and Civic Plaza site— Parks&Recreation awning resembling Facility police building Old Library Facility— . Sculpture outside Future Courts and building on Civic Parks&Recreation Center side Facility Old Library Facility— . Courtyard area for Future Courts and employees Parks&Recreation Facility Old Library Facility— . Etching on stone— Future Courts and sign like at the police Parks&Recreation building identifying Facility parks&rec and courts Old Library Facility— . Art to hide trash Future Courts and dumpsters Parks&Recreation Facility City Hall • Grassy area outside • Consistent for each between parking lot& facility entry—signage or • With history pulled into sculptures it—past origins City Hall • Benches out front City Hall • Outside walls on Civic Plaza side—awning resembling Police Building—2 sides City Hall-Utility bill • Have box be work of drop-off box art • Idea:box shaped like a drop of water City Hall • Suspended art from rotunda ceiling Police • Suspended art APPENDICES-PAGE 4 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Police • Themed artwork on walls referencing police employees Fire Stations • Action photos related to fire—in conference room Fire Stations • Themed artwork by AISD students-inside Fire Stations • Outside sculptures at • We're thinking about stations depicting fire- the future related theme,and family-related theme Future Service • Pay tribute to public • Let employees know Center service employees on that they are exterior of building appreciated • Communicate what public services do Roundabout • Lighting,fountain, • Traditional and Downtown merchants and traditional response to contemporary businesses downtown • A place for the • Benches along Allen community to gather Drive • Fountain show nightly/daily for businesses and restaurants • Bring community together • Cotton,leaves,eater • Bring people from Allen Station • Bring people to this part of the City North/South Entries • Tower Designs(like at • If on 75,you know you Allentown developers to City along 75 Allen Station Park) are in a place AEDC • Include laser cut steel • Identify Allen to under bypass,on commuters from other railing,visual up and cities down • Visual identity—Allen has arrived 75 Exit Ramps at • Live,Work,Play • Work to dissolve East- • ACDC Bethany,Main, Icons/Medallions West divide • AEDC Stacey • Art on bridge pillars • Develop identity • Developers • Funnel Commuters to • TxDOT the CBD • Grants • Enhance day to day • Private donations sense of community Allen Drive and East • Annual color median Main island APPENDICES-PAGE 5 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 CBD • Name and Theme for • Create recognition CBD • Direct people • Suggestion:TIME • Create an identity • Aesthetic draw CBD • Video show • Art that suggest activities CBD • Recycled glass paving CBD • Words in concrete CBD • Benches/seating of • Create interest interest/aesthetic feel • Movable seating • Draw people to downtown area CBD • Banners CBD • 3-D People or laser cutouts West Main Street • Unique character to between Allen and median Austin CBD • Recycled Clocks • Investigate time as Community Art Project theme for downtown —temporary public art • Get people downtown project that would • Get people talking invite artists to create about public art unique works of art around the theme of time. Bounty of recycled clocks from AISD would be utilized. Gateways to CDB • Banners,signage, • Bring attention to the • Allen Drive& special lighting, CBD McDermott archway,special • Direct People to the • Old Main split paving CBD from McDermott • Reinforce CBD • Allen Drive& identity Old Main • Words in paving— • Allen Drive& inspirational,about US 75 TX,about Allen • Cedar& • Warm feel for McDermott downtown • Cedar&St. Mary Roundabout • Clock theme—time • Create and aesthetic • Elliptical shape— presence referencing • Emphasize CBD architecture of City theme Hall and Library • Make a recognizable place Heritage Center • Enhance outdoor area • A central place to APPENDICES-PAGE 6 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 with seating,shade relax and refresh and art • Help to draw and keep people in the CBD Link Civic Plaza • Artist designed • Pull together common across Allen Drive pedestrian bridge from areas one public area to a • Draw people to the new one in the CBD CBD with park,gazebo, • Keep people in the misters,chess boards, CBD art and underground • A place to relax and parking refresh New Recreation • Mural or tile work • Involve kids in Center along walkways creation or artwork incorporating history • Create a sense of coming back home New Recreation • Artist designed Center elements such as bike racks,drinking fountains New Recreation • Art to enhance Center entryway Joe Farmer • Mosaic/tile mural • History or athletics as theme Senior Center • Enhance outdoor • Art to combing the planting generations together • Shady places • Welcoming pieces that • Fountain make transplants feel • Art inspired by citizen at home interviews New Library • Suspended artwork in atrium New Library • Artist designed gateway or entrance New Library • Artist designed gazebo New Library • Artist designed fountain Heritage Center • Shaded seating—RR theme—i.e.:Caboose Bench Heritage Center • Rock Garden Heritage Center • Sculpture of Conductor Heritage Center • Play Structure—RR theme—i.e.:caboose Heritage Center • Distinctive sidewalks Senior Center • Fountain Senior Center • Artwork that reflects interviews with APPENDICES-PAGE 7 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 citizens Senior Center • Welcoming piece that makes transplants feel at home Senior Center • Art to combine the generations together Trails • Informationalrnterpret ative information in the signage Neighborhood • Temporary • Bring people(kids and • Neighborhood families Parks/Pocket Parks (commissioned) adults)to the park • Local artist (1/2 acre,existing) interactive/kinetic— • Historical touch fell sensory • Educational • Large sculpture to • A surprise element climb on • A single piece, land • Mosaic wall designed . Fun by students • Match the theme or • Birdhouses hanging unifying from trees—painted by kids • Community gardens • Landscaped settings for sculpture Community Parks • Texas playground— • Design for parks • Community map,climbing wall, should be artistic in • Schools Texas terrain nature • Foundations • "New Connemara" • Small scale here lends exhibits to more interest • Multiple artworks • Specific area for art through the park • Interactive • Mobiles that hang and • Identity change Trails and • Bridge art at specific • Draw new users to • Community Greenbelts sites trails and greenbelts • Schools • Sculptures at various • Make them visually • Teachers locations on interesting to all trails/walkways • Visually significant • Wildflower stops • Sensory • Interactive/kinetic • Surprise/fun • Community involvement(hands- on or to generate ideas) • EducationaVinformatio nal art • History • Ecology APPENDICES•PAGE 8 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 • Viewed from a distance • Both accessible and not accessible • Both movable and static Old Library Facility— • Suspended art in foyer Future Courts and area between both Parks&Recreation sides of the building Facility with lights and using the existing beams Old Library Facility— • Utilize wood slats to Future Courts and talk about use of the Parks&Recreation building Facility APPENDICES-PAGE 9 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Appendoxc Grant Dpport n t es Private NAME CONTACT ADDRESS PHONE/FAX/ WEBSITE TYPES OF SUPPORT EMAIL Communities Jeverley R.Cook, 5500 Caruth Haven Ln., (214)750-4222, www.cftexas.or Unrestricted grant funds for cultural Foundation of Texas, V.P.Grants Dallas,TX 75225 jcookacftexas.or g programs and the arts. Inc. g Exxon Mobil Exxon Mobil Tel.:972-444- www.exxonmo ExxonMobil recognizes the important role Corporation 1106 bil.com the arts play in the lives of children and Public Affairs,Global Fax:972-444- See families and has been a long-time patron of Community Relations 1405 community various art and cultural institutions.While relations their funding for the arts is limited,it is 5959 Las Colinas specifically directed toward those Boulevard ExxonMobil communities located around the Irving,Texas 75039- world where they have a major operating 2298 presence. Grants support art and cultural organizations,programs,festivals,and performances in communities with significant numbers of ExxonMobil employees.Activities that reach out to children and nontraditional audiences and that contribute to intercultural understanding are given priority. The Eugene McDermott Mary McDermott 3808 Euclid Ave. (214)521-2924 Grants to organizations supporting arts; Foundation Cook,President Dallas,TX 75205-3102 children/youth services,community development;historic preservation/historical APPENDICES- Page 10 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 societies The Meadows Bruce Esterline,V. Wilson Historic District (214)826-9431, www.mfi.orq Matching/challenge grants for the arts Foundation,Inc. P.Grants 3003 Swiss Ave. grants a(�.mfi.orq Dallas,TX 75204-6049 Summerlee Foundation John Crain 5956 Sherry Lane, Phone:214-363- www.summerl The Summerlee Foundation is a strong Suite 610,Dallas, 9000 Faxline: ee.org advocate of collaborative projects between Texas 75225-8025 USA 214-363-1941 historical organizations. PUBLIC NAME CONTACT ADDRESS PHONE/FAX/EM WEBSITE TYPES OF SUPPORT AIL Texas Commission on Laura Wiegand E.O.Thompson Office (512)936-6565 http:/lwww2.art Special Opportunities the Arts Director of Building laura@arts.state. s.state.tx.us From time to time,based on available Programs and 920 Colorado,Suite tx.us funding,TCA will fund unique opportunities Technology/Visual 512 that advance the arts in Texas.Emphasis Art/Museums/ Austin,TX 78701 will be placed on projects that advance Media Arts/Film cultural tourism,arts education,and/or preserve/conserve/document Texas art treasures. Texas Commission on Laura Wiegand E.O.Thompson Office (512)936-6565 http://www2.art Project Support the Arts Director of Building laura@arts.state. s.state.tx.us This program provides project assistance Programs and 920 Colorado,Suite tx.us grants on a one-year basis and may include TechnologyNisual 512 administrative costs directly related to the Art/Museums/ Austin,TX 78701 project.This program is open to arts Media Arts/Film festivals and non profit organizations that offer programming on a semi-annual or annual basis.Note:Grants will not exceed 25%of the organization's previous year's operating revenues. To qualify for this program,the organization must have a mission that speaks directly to the presentation,promotion or production of one or more artistic discipline. APPENDICES-Page 11 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Texas Department of Patrick Haigh 4777 E.Highway 80 (214)320-6100 ftp://ftp.dot.stat 50%match for Highway landscape and Transportation Local TxDOT Mesquite,TX 75150- e.tx.us/pub/txd pedestrian landscape improvements.Site District Office 6643 ot- specific public art may qualify as an representative info/des/landsc improvement. ape/csp.pdf Federal Highway Richard Mason 4777 E.Highway 80 (214)320-6100 Historically,public art has been an eligible Administration,TEA-21 Local TxDOT Mesquite,TX 75150- request for as part of Enhancement Grants. Enhancement Funds District Office 6643 Review criteria when new Federal representative Transportation Enhancement funds are appropriated. National Endowment for Wendy Clark, 1100 Pennsylvania 202-682-5400 arts.endow.gov Funding available for design competitions, the Arts Visual Arts Avenue clarkw@arts.end to directly fund public art,or for related Specialist OR Washington,DC 20506 ow.gov educational programs. Susan Begley, begleys@arts.en Design Specialist dow.gov APPENDICES-Page 12 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Appendx C A Den Pub Dc Art inventory Artist Title Location Media Year/Funding Amanda City Hall rotunda Oil on canvas 2000 Dunbar Arts Alliance Brad Goldberg Stratum Allen City Hall Limestone,Water, 2004 Concrete, Planting Amanda 9/11 MIA Central Fire Station,310 Oil on canvas 2001 Dunbar Century Parkway Arts Alliance Amanda 9/11 MIA Fire Station 2, 1100 E Giclee on paper 2001 Dunbar Exchange;Station 3, donated by artist 1021 E Bethany;Station 4,615 N Alma Walt Horton Allen Station Park Bronze Sculpture 1999 Arts Alliance Walt Horton Allen Station Park Bronze Sculpture 1999 Arts Alliance unknown unknown Allen Public Library Bronze Friends of the Allen Public Library Walt Horton City Hall,Parks and Bronze 1999 Recreation Offices Arts Alliance APPENDICES- Page 13 CITY OF ALLEN PUBLIC ART MASTER PLAN AUGUST 2005 Pub oc Art Ordnance APPENDICES- Page 14 -- CI TY OF HI K Y PLJBLICART ,, , MASTER PLAN ... . ... . ,,,,,,, .. i:, t . • • . jam'""`-------R,. ,. . _ - Y = i 'r�' '_' n - ...,.? City of Hickory Public Art Master Plan EXECUTIVE SUMMARY The Hickory Public Art Commission has worked for two years on this Master Plan. The current members of the Commission are Christopher Revis, Chairman, Arnie Cogswell, Vice Chairman, Mary Snooks, Jim Schmucker, David Zagaroli, Ellen Schwarzbek, Carolyn Thompson, Catherine Lyons, and Beth Marvin. Each of the members has contributed to this document. The Hickory Public Art Master Plan provides the framework for the acquisition of public art, participation in the selection process, areas of opportunity, maintenance and con- servation of the artwork, and recommendations for the future. Of primary considera- tion is the issue of funding and the recognition that having a successful program means having a successful public/private partnership. In addition, the Commission believes that a percent for art ordinance is important to the success of the program. The Commission has identified areas within the city that would benefit from public art. During this process they have continued to refine their mission statement and become ambassadors for public art. Members of the Commission have made presentations to various neighborhood associations about the Plan and received comments that they have shared. The Hickory Public Art Master Plan recognizes the current status of public art in Hickory and builds on it. It is a long range planning tool for City Council that paves the way for enriching the visual quality of the city and provides an inspiration to all. ii City of Hickory Public Art Master Plan EXECUTIVE SUMMARY II SECTION ONE: BACKGROUND AND HISTORY 1 SECTION TWO: METHODOLOGY AND APPROACH 6 ARTICLE I- MAKING THE PLAN WORK 7 ARTICLE II-WAYS IN WHICH ARTISTS MIGHT BE ENGAGED 8 PROGRAM COMPONENTS 8 ARTICLE III-DESIGN ENVIRONMENTS 10 ARTICLE IV - COMMITTEE AND STAFF INVOLVEMENT IN THE ART PROGRAM 12 ARTICLE V-ART WORK AND PROGRAMMING SELECTION-OVERVIEW 16 ARTICLE VI-PUBLIC INFORMATION AND COMMUNITY RELATIONS 18 ARTICLE VII-CARE AND MAINTENANCE 18 ARTICLE VIII-DOCUMENTATION 18 ARTICLE IX-FUNDING 18 SECTION THREE: OPPORTUNITIES FOR ARTWORKS AND PROGRAMMING 20 ARTICLE I- CONCEPTS FOR SITE SPECIFIC ART WORKS AND ARTS PROGRAMMING 20 SECTION FOUR: PROGRAM POLICIES 25 ARTICLE I -ALTERATION OF THE WORK OR SITE 25 ARTICLE II -REPRODUCTION RIGHTS 26 ARTICLE III - INVOLVEMENT OF ARTISTS IN SITE DESIGN 27 ARTICLE IV -COMMISSION OF ARTISTS 27 ARTICLE V - CONFLICT OF INTEREST 28 ARTICLE VI-DEACCESSION 29 ARTICLE VII-GIFT ACCEPTANCE 29 ARTICLE VIII - LOCAL VERSUS NON-LOCAL ARTISTS 30 ARTICLE IX -NON-DISCRIMINATION 30 ARTICLE X - PUBLIC INFORMATION/COMMUNITY RELATIONS 30 ARTICLE XI- SITE-SPECIFIC/INTEGRATION 31 SECTION FIVE: PROGRAM PROCEDURES 33 ARTICLE I -PROJECT CHOICE 33 ARTICLE II -PROJECT DEFINITION, CALL TO ARTISTS 33 ARTICLE III - SELECTION PROCEDURES FOR COMMISSIONED ART WORK 33 ARTICLE IV - PUBLICITY/DEDICATION 35 ARTICLE V - GIFT ACCEPTANCE 35 ARTICLE VI-ACQUISITION OF EXISTING ART WORKS 38 ARTICLE VII-ACCESSION 38 ARTICLE VIII -CONSERVATION/MAINTENANCE 38 ARTICLE IX- DEACCESSION 38 SECTION SIX: PRIORITIES 40 Ili City of Hickory Public Art Master Plan SECTION ONE: BACKGROUND AND HISTORY Public art can say much about a public space, the community it is located in, and the values of that community. Public art can forge a bond between the physical environ- ment and one's personal environment. Public art can create a new awareness of one's surroundings and interpret one's feelings. Art means different things to different peo- ple. The City of Hickory began considering the development of a public art program in 1998. A small working committee comprised of volunteers from the Community Appearance Commission began the task, taking almost a year. They proposed the outline for a pub- lic art program for the City, which the City Council approved in November of 1999. That small committee became the Millennium Art Committee and its purpose was the selec- tion of a Millennium Art Project for the City. The Millennium Project became known as the Miracle of Hickory and was dedicated in June of 2001. The Council created a Public Art Commission and began appointing members to that Commission in the summer of 2000 and immediately began looking for opportunities to place art in the community. The Commission has played an instrumental role in bring- ing 5 pieces of art to the community to date: (two paintings and one sculpture at the Ridgeview Library and two sculptures, one at City Hall and the other at Stanford Park). The Commission was also a primary sponsor for the public art project Chairs on Parade in 2001 and two temporary art exhibits. The members consist of one representative from each ward of the City and five at - large members appointed by the mayor. One of those members is the Director of the Hickory Museum of Art. There is also a representative from the Youth Council. The Commission meets once a month in City Hall. Planning for public art is not a new concept. A Master Plan for public art provides a framework of policies and procedures, which guide the acquisition of art with a plan for the whole city. The Master Plan establishes priorities for art work, locations, and fund- ing mechanisms. It defines the relationship between placement of art and the City's goals and directives. The City of Hickory is one of the few municipalities in North Carolina with a public art program. Across the United States most large urban areas have public art programs. Guiding those programs is a Master Plan. In 2001, the city received a grant from the North Carolina Council for the Arts. The purpose of the grant was to begin the master planning process with the help of a nationally known consultant. Joyce Pomeroy - 1 - City of Hickory Public Art Master Plan Schwartz was selected. She is the principal of Works of Art for Public Spaces and has been involved in a number of master plans and is an advisor to Partners for Livable Communities. She aided the city in beginning the Master Planning process. The Public Art Commission recognizes the need for a Master Plan as the next step in its evolution. The Master Plan planning process was initiated in 2003 by the Commission. The proc- ess will include discussions and comments from City staff, the citizens of Hickory, art- ists, local arts officials, the Commission, and other public entities in order to mold a Master Plan appropriate for the City of Hickory. The Master Plan will then be presented to City Council for approval. One of the first items completed for the Master Plan was the development of a mission statement. The Public Art Commission (PAC) adopted the following mission statement in 2001: "The Public Art Commission of the City of Hickory is committed to enrich Hickory by in- tegrating a wide range of art into public spaces that will create a visual sense of our community, improve our quality of fife, represent all facets of our population, com- memorate our history, and be an inspiration to all citizens and visitors.' Hickory is located in North Carolina's Piedmont region, 50 miles northwest of the City of Charlotte and 80 miles east of Asheville. Hickory was incorporated in 1870 and is the geographic and economic center of North Carolina's fourth largest Metropolitan Statisti- cal Area (MSA). The city spans approximately 28 square miles and is intersected by In- terstate 40, US Highway 321 and US Highway 70. The city is sited primarily in Catawba County but its borders extend into portions of Burke and Caldwell Counties. Excerpts from the book From Tavern to Town, by Kirk F. Mohney & Laura A.W. Phillips. City of Hickory Historic Properties Commission, Hickory Land- marks Society, Inc.: 1988. Hickory began as a small piedmont city whose growth and development moved it from a late nineteenth-century trad- ing center on the Western North Carolina Railroad to a thriv- ing twentieth-century manufacturing center for furniture, hosiery, and textiles. The history and development of Hickory has been divided into five stages of growth. The earliest phase began at the end of the eighteenth century and ended with the outbreak of the Civil War (1769-1860). - 2 - City of Hickory Public Art Master Plan The second phase began when the Civil War ended, as the city's population and economy expanded as well as in- creased development in cultural and educational facilities (1861-1900). This second phase lasted until around 1900, when the estab- lishment of the first large-scale furniture plant made perma- nent changes in the manufacturing business. From 1901 un- til the onset of World War I in 1917, many furniture factories as well as hosiery and textile mills were built in the city's realm resulting in a rise in population, service industries, and building activity. During World War I, construction in the city declined only to be followed by a large increase in population and housing needs, growth of businesses and manufacturing companies, and the extension of public services rendered by local gov- ernment (1918-1940). Growth since 1940- After World War II Hickory continued growing and by 1961 the city boasted forty-six furniture plants, eighty-nine hosiery mills, twenty-seven other manu- factories, and a population of 37,000 people. A vast urban renewal project as well as continual redevelopment also ac- companied this period of growth. Much of the historic fabric of Hickory's downtown was removed or drastically altered in the 1960s and 1970s, leaving gaping holes in the urban landscape. Yet, this period also saw the emergence of his- toric preservation efforts in Hickory, a trend that has grown in scope by instilling pride in the city's past by encouraging the appreciation, preservation, and continued use of Hick- ory's historic resources. The 1980's and the 1990's brought great economic growth to the region. The fiber optic industry made its home in the region and added to the overall prosperity of Hickory. During this time the Arts and Science Center opened, construction of the new US 321 Corridor began, the first baseball game at L.P. Frans Stadium occurred, Hickory was named "One of the 10 Best Places to Live" by Reader's Digest and the Hickory Public Library be- - 3 - City of Hickory Public Art Master Plan came the first public library in North America to use the "smart card tech- nology". The new millennium has also brought changes to Hickory. There have been many fac- tory closings and the fiber optics industry has down-sized. The events of September 11, 2001 made their impact on Hickory, but the devastation of worldwide imports has played a significant role. The economy is beginning to stabilize but there is still uncer- tainty. However, the City of Hickory continues to move forward. The Public Art Master Plan is an example of preparing for the future and trying to make Hickory a great place to live. - 4 - City of Hickory Public Art Master Plan PROGRAM GOALS The City of Hickory Public Art Commission (PAC) is committed to providing opportunities for artists to create works and programming of the highest aesthetic standards. The major goals of the Public Art Commission are: • To involve artists in realizing PAC's mission The creative problem solving capabilities and unique insights of artists can substan- tially contribute to the realization of PAC's mission. • To create a strong sense of place A strong sense of place that enlists community pride and ownership can be created by utilizing art works and arts programming as a catalyst to cause events and make connections. • To engage artists in the overall planning and design of the City of Hickory The involvement of artists in the design and planning of the public spaces in the City of Hickory, whether it is for new projects or to solve problems inherent in exist- ing situations, increases the possibilities for the exploration of innovative ap- proaches. An early collaboration between artist, City staff, architects and others al- lows the artist's ideas and solutions to be more effectively integrated into a plan. • To adopt a Percent For Art Ordinance A Percent For Art Ordinance can help fund public art through the Capital Improve- ment Program. This enables the artist to work with the design team and incorpo- rate public art into the planning and construction of a given facility. • To increase patronage of public art The addition of unique art works and art programming to the City of Hickory land- scape will engage City residents and attract new visitors. • To create partnerships that expand the resources available to the PAC Collaborative efforts with other organizations, businesses and private individuals in- terested in and supportive of the arts will in effect increase the resources available to the PAC. • To implement the Public Art Program Plan Opportunities will be created for commissioning art works and arts programming for PAC through various funding sources. - 5 - City of Hickory Public Art Master Plan SECTION TWO: METHODOLOGY AND APPROACH Purpose and Overview The purpose of the Public Art Master Plan is to provide a comprehensive public art pro- gram for the City of Hickory and a mechanism for its implementation. The Master Plan is designed to be a guidebook for public art in the city and to be the major tool by which the Commission achieves its mission. It is a working document that will assist the Public Art Commission and City Council in planning and funding for art related projects and will provide artists guidance when responding to those projects. At the heart of this Master Plan, is a list of opportunities that include art works and pro- gramming that is specific to the City of Hickory and are designed to fulfill the goals of its Public Art program. Contained in this Plan are also procedures covering such things as selection of an artist, acceptance of gifts and policies that speak to reproduction rights, conflicts of interest and other important issues. - 6 - City of Hickory Public Art Master Plan Article I — Making The Plan Work An Overview of the Processes Public Art Commission: The Master Art Plan calls for the creation of a Public Art Commission, out- lined in Article V, which will provide continuity and vision for the Art Pro- gram for the City of Hickory and will advise on policies, procedures and funding strategies. This commission will meet once a month. Review Committees: Throughout the life of the Program, various ad-hoc Review Committees, outlined in Article V, will evaluate the work and proposals of artists for commissions and make recommendations for selection. Council Recommendation: The Public Art Commission shall provide timely information to City Council regarding Public Art Program plans, goals, criteria policies, procedures, and the opportunities outlined in Section Two in order to advise and make recommendations on the Plan's content, focus and funding strategies. Council Approval: All actions and recommendations of the Public Art Commission, the Re- view Committees and the Art Program Staff are currently subject to the approval of City Council. Public Art Commission Program Staff: The Public Art Commission recommends the formation of an Art Program Staff, outlined in Article V, that is a "nuts and bolts" working team made up of appropriate staff and headed by a staff person who is responsible for the practical implementation of prioritized, approved and funded pro- jects. - 7 - City of Hickory Public Art Master Plan Article II — Ways in which Artists Might Be Engaged Program Components The Public Art Program will be comprised initially of seven categories: commissions, ac- quisitions of existing art works, changing site-specific projects, temporary exhibits, de- velopment of an "Art Walk", artist-in-residence programs and design consultations. Commissioned Works: This category includes visual art works, performances and functional enhance- ments. They will be site or program specific, designed by artists in direct re- sponse to a program of work that may include the special conditions for a given space. Acquisitions of Existing Art Works: Existing art works may be acquired through gift or direct purchase if they are consistent with the goals of the Art Program and fulfill all criteria as set forth in the Procedures Section under Article VI. Gift Acceptance. Changing Site-specific Projects: These works shall be commissioned at various locations throughout the city and will be installed for limited periods of time. Spaces will not be built especially for these works. Instead, artists will be periodically invited to choose sites within ex- isting public settings and propose site-specific projects within the given guide- lines established by the Public Art Commission Program. This aspect of the pro- gram is intended to be an on-going creative exploration by artists of the city's environment. Temporary Exhibits: These time-limited exhibits will be done in conjunction with on-going educational programming, artists in residence or as an annual event to expose citizens to dif- ferent types of art. They will include exhibits of art works as well as talks and demonstrations by artists. The exhibits may be themed or contracted from other institutions or mounted in conjunction with a local institution such as the Hickory Museum of Art. Development of The Art Walk (Walk About): The development of this project is City Council inspired. Taking place over an un- specified period of time, it will include permanent and temporary pieces of art in the downtown, Ivey Arboretum, the SALT Block, and the Claremont Historic Dis- - 8 - City of Hickory Public Art Master Plan trict. Additional 'spurs'include, the Ridgeview Community, Lenoir-Rhyne College, the Harper House, and Shuford Memorial Gardens. The development of the Art Walk will be aided by a bench or street furniture program. Artist-in-Residence Programs: The Artist-in-Residency program offers opportunities for artists to develop project proposals that are designed to engage the visiting public, the community or a specific target group in a process that expands their understanding, and knowl- edge of art. This program will also provide the artist with resources to advance the development of their work. Design/Artist Consultations: Design Consultations will bring artist(s) into the design process at the earliest possible point for City renovation or new construction projects. As design con- sultants, artists will provide input and advice into the decision-making that will shape public spaces. - 9 - City of Hickory Public Art Master Plan Article III — Design Environments The design environments described next can affect each of the program components. These environments will be considered as"categories of involvement"for artists. Information Environment includes verbal, visual, auditory information displays. This en- vironment includes signage for orientation, direction, and information as well as printed material, such as maps and interpretive materials. Social Environment includes provisions for public gathering, watching, conversing and interaction. It includes viewing places, plazas and all the areas of circulation, which might connect them. "Furniture" to accommodate the functional needs of the public in these settings will be considered an opportunity for artists. Perceptual Environment includes visual aspects of the environment such as light and color. Sound may also be considered as an element of this environment. Orientation to the landscape, recognition of transition and destination and the marking of all key places will be considered. Ecological Environment includes the landscape setting that frames the views of each site. The manipulation of materials and forms as well as features of the site can forge strong relationships that influence how the viewer perceives the piece. The historic, cul- tural and geological backgrounds in which the piece sits are part of this environment. Transportation Environment includes movement systems such as entry roads, walk- ways, public transportation means and other people passageways that orchestrate the movement of the public through the spaces of the environment. This environment of- fers opportunities for artists to develop works, that influence and impact on peoples' journeys. Behavioral Environment includes the psychological space inhabited by the work of art and its viewers. This environment shapes the impact each experience has on the other. Educational Environment includes signage and printed materials, which serve as the ba- sis for the education of the viewer with displays incorporated to encourage learning. Cultural Environment will acquaint viewers with the cultures, both past and present that have developed around certain sites. - 10 - City of Hickory Public Art Master Plan Emotional/Spiritual Environment provides subjective and unpredictable opportunities for viewers to be inspired and awed by the work of art. Fortuitous experiences on a per- sonal level that may occur between viewers and the work of art could create a height- ened awareness of its beauty and complexity and provide viewers with something to take away. - 11 - City of Hickory Public Art Master Plan Article IV - Committee and Staff Involvement In The Art Program Upon adoption of the Public Art Master Plan the Public Art Commission (PAC) will serve for the duration of the Public Art Program in an advisory capacity. Review Committees will be organized to select artists for individual projects and Public Art Program Staff will handle the administration and implementation of art works and arts programming. A. Public Art Commission 1. Purpose: The Commission shall act in an advisory capacity to the City Council and shall maintain an overview and long-term planning vision that balances diverse points of view and facilitates the implementation of the Public Art Master Plan. 2. Term and Selection: Commission members shall be appointed by City Council — six wards and three at large members in addition to a Youth Council Representative. Vacancies shall be filled by the appropriate ward and or at large position. Each member shall serve for renewable three- year terms. The Commission may accept resignations of its members. Any member who fails to attend three consecutive meetings, without good and suffi- cient reason (illness or family emergency, not business meeting or vaca- tion) may be replaced. The Commission will meet at least once per month. 3. Composition: The makeup of the Commission shall consist of ten mem- bers, which will include a representative from the Youth Council. Of these ten members, six will represent the six wards of the city and be appointed by the appropriate City Council person. Three of these shall be at large members appointed by the Mayor. The Commission shall include the fol- lowing: Art professionals such as visual and performing artists, critics, curators, arts administrators, collectors and educators who are recognized by their peers as experts. Art professionals shall not include art gallery owners or for-profit intermediaries. Landscape architects, architects, urban design professionals, transportation persons, and historic preservation persons are professionals that should be considered when selecting members of the Commission. - 12 - City of Hickory Public Art Master Plan 4. Responsibilities: The responsibilities of the Commission shall be to: a. Monitor adherence to the goals of the Public Art Master Plan, establish the highest standard for aesthetics and provide continuity to the Public Art Program. b. Review goals, policies and procedures annually to ensure that they are valid and responsive to the changing needs of the public art program and make recommendations for amendments to City Council. c. Review Section II of the Public Art Master Plan and any new art project and programming opportunities. Set priorities for implementation and funding and determine methods of selection (general call, invitation, direct commission, etc.). d. Develop funding strategies to support the implementation of prioritized art projects and programming. e. Provide guidance to the Review committees and Art Program Staff on questions of policy and procedures. f. Act as individual liaisons to and voting members of individual ad-hoc Review Committees. g. Constitute itself as a Review Committee where appropriate and expe- dient; and h. Review and evaluate deaccession requests and make recommenda- tions to City Council. 5. Consultants: Consultants may be called upon from time to time to provide additional expertise to the Public Art Commission. 6. Compensation: The Commission shall serve on a voluntary basis. B. Review Committees As individual projects are identified, the Commission with input from the Art Pro- gram Staff and others will appoint ad-hoc Review Committees to evaluate artists' work and proposals for each such project (See Section IV for Selection Proce- dures). 1. Duties: The principal duties of each Review Committee member shall be to: a. Participate in the selection process by evaluating the applications, pro- ject proposals and submittal materials of artists applying for a project and selecting up to five artist finalists or teams of finalists. b. Determine what support materials such as models are needed by the finalists. - 13 - City of Hickory Public Art Master Plan c. Review concepts of the artist finalists, conduct interviews, and make recommendation for selection of an artist or team of artists to the Pub- lic Art Commission. 2. Composition: Each Review Committee shall consist of up to seven peo- ple. In addition the Review Committee will have at least one member of the Public Art Commission. The Review Committee shall consult with members of the Commission, design staff, project architect, engineers or other design professionals and other appropriate staff when they feel it is necessary. The composition of each ad-hoc Review Committee will depend upon the nature of the art project and the site. Art Program Staff will serve in an ex officio ca- pacity only. 3. Rationale: The large number of projects for which artists will be selected will necessitate having numerous committees to review artist's work and pro- posals. The ad-hoc Review Committees will provide diversity and a continu- ous fresh prospective by allowing many individuals to be involved in the rec- ommendation process. C. Public Art Program Staff The Public Art Commission's recommendation is that an interdisciplinary group be designated as the Art Program Staff. The potentially large number of public art projects and arts programming will necessitate having staff designated to take the responsibility for the administration of them. This must be a responsibil- ity assigned by the Hickory City Manager and approved by City Council. In order for the Public Art Program to work effectively, staffing and funding resources must be committed. 1. Duties: The principal duties of this staff shall be to: a. Assist the Commission by assembling materials and information for funding requests and grant writing in support of the commissioning of art works and art programming. b. Carry out the intent of the PAC in facilitating the selection process for commissioned works by developing a project prospectus including in- tent, project criteria, auxiliary information and selection requirements. c. Design the prospectus, have it produced and develop a mailing list of artists. - 14 - City of Hickory Public Art Master Plan d. Review artist's work samples for invitational competitions and submit recommendation lists to a Review Committee for direct purchases, recommendations go to the Commission and then to City Council. e. Administer and facilitate the selection process which includes coordi- nating with the PAC for the appointment of a Review Committee, scheduling selection meetings, sending review materials to the Com- mittee prior to meetings, producing meeting agendas, orienting Review Committee on Art Program goals, paying honoraria to Committee and the project artists, and presenting proposal and selection materials. f. Facilitate project implementation, produce artist's contracts, arrange for payments and coordinate installation. g. Arrange for project promotion by providing information for press re- leases and arrange dedication; and h. Develop an annual budget request for submission to City Council that includes administration costs and recurring programs such as the Art- ist-in-Residency and Art on Loan Programs. 2. Composition: The Art Program Staff will consist of people assigned by the Hickory City Manager. - 15 - City of Hickory Public Art Master Plan Article V — Art Work and Programming Selection — Overview A. Selection Process: 1. Methods of selection: The Public Art Commission (PAC) shall deter- mine which of the following methods of selection shall be used for each project. These projects include commissions for art works or other art programming. The Art Program Staff shall collect and file all work samples submitted by artists. a. Open competition: Artists shall submit work samples and/or proposals from a public call for entries. The PAC will compile mailing lists of artists. b. Invitational Competition: The PAC shall invite a limited number of artists to submit work samples and/or proposals for a specific project. c. Direct Selection: In special circumstances a direct selection or purchase of art may occur when it is compatible with the goals and guidelines of the Public Art Master Plan. 2. Announcement of Project: Art Program Staff will publicize in ad- vance opportunities for artist involvement in projects. Sufficient time will be given for artists' submissions. The prospectus or project an- nouncements shall inform artists of the project intent, method of selec- tion, of submission requirements, budget and deadlines for submission of material. 3. Selection Process: a. Preliminary review of existing work: Work samples of exist- ing work may be submitted to the Art Program Staff as a first step prior to a request for proposals for an invitational competi- tion, commissioned piece, direct selection, or design consultation. Proposals for commissions are not requested or considered at this time. The Art Program Staff will use this preliminary review to de- velop a list of artists for a Review Committee selection, a recom- mendation to the PAC for a direct selection or a recommendation for a consultation. b. Review of proposals for commissioned work: Artists or teams of artists submitting proposals for commissions of art works or arts programming will go through a selection process by - 16 - City of Hickory Public Art Master Plan a Review committee as outlined in this Public Art Master Plan. Consideration of artists is by review of proposals, samples of ex- isting work, recommendations from previous clients, curriculum vitae, interviews with the Review committee and the presenta- tions that may include models. 4. Orientation for artists: The Art Program Staff will arrange for the artists to tour the site prior to submission of preliminary proposals and to meet with City of Hickory staff and other technical consultants prior to final proposal to ensure technical feasibility and maintenance ac- ceptability. 5. Approval Process: a. Review Committee: The Review Committees shall select an art- ist or team of artists and make a recommendation to the PAC. b. Feasibility Review: If requested by the Review Committee, the technical feasibility and maintenance acceptability of an art work may be investigated by the Art Program Staff in conjunction with the PAC and, if necessary, with the assistance of outside technical consultants. c. Confidentiality: All meetings by law must be open and "no- ticed." Notes taken during these meetings become part of the public record. d. Conflict of Interest: Artists serving on the PAC may not be se- lected for direct involvement in any aspect of the Art Program. An artist serving on a Review Committee may not be selected to that project but may be eligible for other projects. e. Contracts: Proposal Agreements/Contracts shall be prepared and negotiated by the City of Hickory attorney and shall include a schedule for payment. f. Gift Acceptance Procedures: Proposed gifts of art works or of funds for the acquisition of art shall be referred to the PAC for re- view and recommendation to City Council for acceptance or rejec- tion. Review shall be based on the same goals and criteria as for commissioned works acquired according to this Plan. g. Project Completion: The Public Art Commission shall work with the City of Hickory Public Information Office Staff to prepare and distribute media releases upon completion and/or installation of a project and arrange for its dedication. Upon completion, all art works become the property of the City of Hickory. - 17 - City of Hickory Public Art Master Plan h. Deaccession: Deaccession is the removal of art work from the inventory. Any recommendation for deaccession must be ap- proved by the PAC according to policies and procedures that are as deliberate as those practiced during the initial selection. This process will operate independently from short-term public pres- sures and fluctuations from public taste. During the review proc- ess, the artwork will remain accessible to the public in its original location. The Hickory City Council must give final approval to any deaccession. Article VI — Public Information and Community Relations Public information and education activities are considered primary elements to the suc- cess of the Public Art program. Adequate monies shall be budgeted to provide for pro- grams that elevate public awareness. The City of Hickory Public Information Office shall be responsible for coordinating all such public information activities. Article VII — Care and Maintenance The City of Hickory shall be responsible for the care, maintenance and insurance of the art works acquired under this Master Plan. A system providing for the care and mainte- nance of the art works shall be developed and administered by Art Program Staff. The system will provide for documentation, condition monitoring and repair or relocation of works. Consultants may be retained to design and implement the system. The Commission shall devise a schedule of maintenance for each piece of art work as part of their annual work plan. Art Program Staff will be primarily responsible for im- plementation of the schedule. Article VIII — Documentation The artwork selection, acquisition and curatorial requirements will be accurately re- corded by the "Art Program Staff" and the construction and installation of each work acquired fully documented by the artist. Article IX — Funding Art works and arts programming shall be funded through the following sources: - 18 - City of Hickory Public Art Master Plan A. Government Funding: Public monies may be used to hire design consulta- tion and may be used for purchasing or commissioning an artwork. B. Private Funding: The Public Art Commission will solicit funding for projects suggested in the Public Art Master Plan from individuals, corporations, founda- tions, institutions, and organizations. Monies may be obtained through grants, wills, memorials, gifts or special fund raising campaigns. The Art Program Staff shall assist in organizing materials and information for grant writing and in any other way that might be helpful for fund raising. C. Art Program Administration Funding: There shall be an annual budget established for the administration and implementation of specified aspects of the Art Program such as an Artist-In-Residency, temporary public art exhibits and maintenance and insurance requirements for existing art works. D. Percent for Art Ordinance: A Percent for Art Ordinance is the common mechanism by which cities raise funds for their public art program. A goal of the Public Art Commission is to have a Percent for Art Ordinance adopted by the City of Hickory. This ordinance should have a broad application to include construc- tion or renovation of any public building, highway construction or reconstruction, large-scale utility projects, park facility construction or reconstruction or any other capital improvement project within the city limits of Hickory, North Caro- lina. Each Capital Improvement Project will include in its budget the amount to be designated for public art. It is anticipated that an artist will be able to work with the design team to incorporate art in the initial design of the project. Adopting a Percent for Art Ordinance will enable the city to provide a firm footing for their public art program. As the city continues to grow, additional works of art can be purchased and incorporated during the design phase of construction. Currently the purchase of art takes place after the fact and often creates conflicts with existing infrastructure. - 19 - City of Hickory Public Art Master Plan SECTION THREE: OPPORTUNITIES FOR ARTWORKS AND PROGRAMMING Article I - Concepts for Site Specific Art Works and Arts Program- ming This section will further define available public art opportunities for Hickory. These op- portunities will be divided into concepts related to the areas for artistic involvement cited earlier. General provisions that will be considered are that any piece of artwork needs to be ap- propriate to its surroundings. Consideration of the topography of a site, its relationship to other physical characteristics of the site, the traffic flow of the site, and general maintenance are primary to the deliberation of appropriateness. Works of art to be placed outside need to considered on the basis of durability, maintenance and safety. A. Site Specific Artworks 1. Gateways (See Map 1) • The future redesign of the intersection at Tate Boulevard and Lenoir-Rhyne Boulevard offers some possibilities. The "Welcome to Hickory" sign needs to be redone. Additional landscaping is also needed. The re-development of East Hickory, which is taking place across from this gateway may also provide oppor- tunities for the private sector to complement this area. • The extension of 4th Street SW by the Catawba Furniture Mall is another gate- way that is just recently being realized. Construction of the roadway has fin- ished and art would certainly enhance the area. • The new intersection of NC 127 and US 321 is not owned by the city, but a joint venture with the North Carolina Department of Transportation is a possibility. • The intersection of US 321 and 13th Street SW has had landscaping added re- cently. A welcome sign would be a nice addition. There is some room in front of Bonita Furniture that could allow for sculpture. The concrete median could be dressed up with stamped concrete, faux brick, such as the design on US 70. Large scale planters are also attractive. On US 321 north of 13 Street SW is an underpass that could be a possible canvas for a mural. • Lenoir — Rhyne Boulevard intersection with I — 40 is extremely congested. The area offers little opportunities for permanent art. This area could use a Wel- come to Hickory sign and murals on the underpasses. The difficulty of main- taining public safety is a primary concern. - 20 - City of Hickory Public Art Master Plan • US 321 and Lake Hickory provides some interesting possibilities. A study is cur- rently underway for the expansion of lanes on US 321. Lighting the bridge is one possibility. • US 70 and US 321 needs to have the stamped concrete median extended. The section of US 70 between 4th Street and the Park Inn Gateway Conference Cen- terhas been enhanced by the stamped concrete median and additional landscap- ing. The remaining area along US 70 would also benefit from this treatment. • Lenoir-Rhyne "X" provides some interesting possibilities. The area has the po- tential for a large scale piece of art. The city does own a small tract in the area with the remaining open space owned by the North Carolina Department of Transportation and Lenoir-Rhyne College. 2. Parks (See Map 2) • Henry Fork Park — The vast expanse of area lends itself to large sculpture pieces. "The Game", a ten foot soccer ball has been commissioned privately for the park. The artist is Dean Curfman and the piece is to be installed in April of 2004. • Stanford Park — The new administration building and expanded recreation facili- ties at Stanford Park provide many possibilities. An interactive water feature would be in keeping with the active nature of this facility. A kinetic sculpture in front of the administration building/complex would also highlight the active na- ture of the park. One suggestion would be to use an elemental theme: water, air, soil, etc. The parking islands may allow for benches. The skateboard area also provides challenges for artwork. Sculptures of children playing are also a possibility near the ball fields or other areas. "The Natural" a bronze sculpture of a small boy with a baseball glove was dedicated at the end of 2003 in honor of Danny Thompson, the former Recreation director. This piece was purchased through a private fund-raising effort. • Glenn Hilton Park — This park is a blank canvas for art. The facility is well used by the public and features a nature and fitness trail, playground equipment, ca- noe launch and fishing pier and a Frisbee course. Many opportunities abound in this park. 3. Neighborhoods (See Map 3) All of the neighborhoods within the City of Hickory would benefit from public art and there are various areas that provide opportunities for art in the future. • Kenworth • Ridgeview • Claremont • Oakwood - 21 - City of Hickory Public Art Master Plan • Highlands • Green Park • Lakeland Park • Forest Hills • Viewmont Business Association • Southwest Business Association 4. Civic Buildings (See Map 4) • City Hall presents a canvas that needs to be filled. In 2002 a temporary art ex- hibit was held at City Hall featuring seven artists from Asheville and Black Moun- tain. Two of those sculptures were eventually leased by the city for one year. One of the pieces was purchased, "Stone Soul's Rising" and is located in the fountain outside of the building. The other piece, "Brigid's Fire" was privately purchased and is on display in Viewmont. • The Patrick Beaver Library and Ridgeview Library have sculptures outside their buildings. Both would benefit from additional art work inside the buildings. Ridgeview library has two paintings by Ivey Hayes in their conference room. Both buildings have an atrium area that would provide a great canvas for addi- tional art. • The Water Plant offers some great opportunities. The site could use large metal- lic sculpture, perhaps mimicking the functions of the water plant, pipes or foun- tains with water works. The water tank needs to be painted with a mural; one idea was a mural with native fish. Another idea is to paint the various tanks in a bright solid color. • Fire Station # 1 was recently renovated in 2002. Its new façade offers a pleas- ing exterior on 127. There is an area beside the station, along the Art Walk/Walk About that has potential for the creation of a social and ecological en- vironment. A public/private partnership group has been meeting to work out scenarios for this space. • Fire Station # 7 on Catawba Valley Boulevard was completed in 2003. It offers potential opportunities to enhance the new building and the general area. • New Parks and Recreation Administration building at Stanford Park was briefly discussed under A.2 above. • The Police Station is a civic structure that would benefit from art work. • The Airport Terminal is another civic building that could benefit from art. Com- mercial air service will be returning to Hickory and art in the terminal could help make a statement about the City, its citizens, and its values. A remodeling of the terminal is expected and it is hoped that a Percent For Art Ordinance will be in place by then. - 22 - City of Hickory Public Art Master Plan 5. Downtown (See Map 5) • Union Square is the beginning of the Art Walk. The "Tower of Miracles" was placed there to commemorate the emergency polio hospital and the sense of community spirit during the polio epidemic in 1944. The plaza area of the Square offers many opportunities for art. Fountains would be a great addition. It is important to remember the various uses of Union Square when contemplat- ing art for the area. • Trade Alley is a unique area. It certainly could benefit from art. The parking deck is a great potential canvas for a mural. There are other building facades which also lend themselves to murals. The parking deck on Trade Alley is an ideal spot for a mural. A scene from earlier times in downtown Hickory or an- other topic would enliven the area between Union Square and First Avenue NW. • Hickory Train Station is an historic building with interesting architecture. It is currently leased from the city for use as a restaurant but offers potential as a setting for art. It is the site of the Downtown Hickory Farmer's Market and will be the terminal when passenger rail returns to Hickory. • A street furniture program could enhance the downtown, as well as the Art Walk/Walk About. There are many opportunities for creating a sense of place and a visual identity through programs such as street furniture and murals. 6. Art Walk or Walk About (See Map 6) • Ivey Arboretum/ Carolina Park provides a natural canvas for art. Artistically de- signed street furniture is one item that is needed for the art walk. Using this space for temporary art exhibits along the Art Walk is another potential. The park provides a natural border for the Claremont Historic District, extending to the north. • The S.A.L.T. Block is the block from NC 127 east to Third Street NE, the northern border is Fourth Avenue NE and the southern boundary is Third Avenue NE. This block contains the Patrick Beaver Library, the Science Center of Catawba Valley, the Hickory Museum of Art, the Western Piedmont Symphony and Arts Council of Catawba County. The lawn space between the Science Center and the library has housed one temporary art exhibit. The lawn by the Museum of Art hosts the sculpture, "Linkages" by Wayne Trapp and a small garden piece by local archi- tect, Jim Sherrill. This area could also use artistically designed street furniture. There are many open spaces within this complex that have great potential. There were over 350,000 visitors alone to Patrick Beaver Library. This collection of cultural amenities, all housed in one area, could be an inspiration for a themed sculpture that brings attention to the organizations that are housed in this area. - 23 - City of Hickory Public Art Master Plan • Ridgeview Library/African American Cultural Center (AACC) campus in the Ridge- view Community is south of the downtown area. As the AACC develops and builds there are a multitude of opportunities for artwork. Currently located in the Ridgeview Community is the sculpture, "Ukama" and housed within the library are two paintings by Ivey Hayes. • Lenoir-Rhyne College Campus is located to the northeast of the Art Walk. Le- noir-Rhyne is an integral part of the Hickory community and the administration of the College would like to see their campus incorporated into the Walk. • The Harper House is an historic house that is being restored by the Catawba County Historical Association. The house is located adjacent to the Walk on the corner of Third Avenue NE and North Center Street and is a natural for incorpo- ration. The Hickory History Center will also be located on the same property. • Shuford Memorial Gardens is located west of the existing alignment of the Walk. It is bordered by Third Avenue NW and is approximately six blocks west along the same street as the Harper House. Extending the Walk to this area will pro- vide a link between two historic districts and neighborhoods. The development and implementation of the Master Plan for the Gardens is an ongoing pub- lic/private partnership. For additional information on the Gardens, see below. 7. Passive Spaces (See Map 7) • Shuford Gardens is a three and one half acre site within the Oakwood Historic District. The gardens host many weddings during the spring and summer months. The gardens are undergoing a Master Plan designing process which will somewhat change the character of the gardens. One concept involves creating a sculpture walk within the gardens. Also on the drawing board is a lawn chess area. Both of these ideas provide many exciting opportunities for art. • McComb Park/Gardens is a public feature north and east of the SALT Block. The Park is a beautiful passive space that is the site of weddings and gatherings in the Claremont area. This park is on the way to Lenoir-Rhyne College. • Robinson Park is a small park that contains a cemetery and Wilson Cabin. Wilson Cabin is a nineteenth century cabin that was moved log by log from a farm on Startown Road to its present site in the 200 block of First Avenue SE Unfortu- nately parking is limited in the area but it could also be a part of the Art Walk. B. Arts Programming - 24 - City of Hickory Public Art Master Plan One primary area of arts programming will be an annual sculpture competition, which will draw people to the area and establish an identity for the City as an arts community. Once established the city could look at possible purchase awards. Launching this event will require coordination with other organizations. Full Circle Arts, an artist cooperative hosted Art in the Alley in 2002 for the first time. The Hickory Museum of Art hosted Art on the Avenue in 2002 for the first time also. Perhaps these events could be combined with the sculpture competition for an all day arts festival from Union Square to the SALT Block. The creation of a street furniture program is a natural for Hickory. The Art Walk or Walk About provides a perfect venue for such a program. Such a program would rec- ognize the furniture industry as an integral part of the history of Hickory and its eco- nomic development. It would be necessary to develop guidelines and criteria for such a program. From a practical standpoint there is a need for street furniture in a number of places along the Art Walk. A mural program is another opportunity. Murals have been utilized as economic devel- opment tools by many communities. The Public Art Commission believes that a mural program within the city could help provide a visual identity for the city. With the new Land Development Code attempting to install more design review guidelines, the poten- tial for creating a sense of place and excellence in urban design is possible. Artrain USA is an opportunity for the Commission to promote arts education in Hickory and the surrounding area. Artrain is a touring art museum with five rail cars and a stated mission to deliver visual art exhibits and educational programs across the United States. In 2005, Artrain will be touring the southeastern United States and Hickory has placed a deposit to be included in their tour schedule. Artrain will represent a unique opportunity for the Commission to work with a broad spectrum of the community in providing quality arts education. SECTION FOUR: PROGRAM POLICIES Article I - Alteration of the Work or Site Objective: The Public Art program shall ensure artists retain as much control as can be possible over the integrity of their art works. Policy: - 25 - City of Hickory Public Art Master Plan The Public Art Commission (PAC) seeks to ensure the following rights to artists, which shall be embodied in contracts for the commissioning or purchase of works of art. • Recognizing that successful public art is generally inseparable from the site for which it is created, PAC shall not move or remove artwork unless its site is destroyed, the use of the space has changed, or unusual and unresolvable circumstances arise. Should it become necessary to move or remove an artwork, PAC shall make reasonable efforts to consult with the artist before affecting any removal or relocation. However, PAC reserves the right to move or remove the artwork without notification in emer- gency situations where an immediate threat to property or public safety is present. • Recognizing the importance of preserving the integrity of an artwork, PAC shall not intentionally alter, modify or destroy an artwork. Nevertheless if an artwork is signifi- cantly altered, modified or destroyed, whether intentionally or unintentionally, the artist shall have the right to disclaim paternity or authorship of the artwork. Should an artist choose to exercise this disclaimer, the PAC shall upon request by the artist remove any plaques, labels or identifying materials that associate the work with the artist. • The integrity of an artwork also depends upon regular conservation and mainte- nance. PAC is committed to the periodic inspection of the art works in the collection and to make reasonable efforts to ensure that each artwork is properly and professionally maintained. • Recognizing that skilled craftsmen or third party contractors manufacture many con- temporary public art works, PAC shall make every effort in such instance to permit an artist to exercise quality control and supervision of the actual construction or fabrication of the artwork. Article II - Reproduction Rights Objective: It is the understanding that any artwork commissioned by PAC will be unique in its final dimension to the City of Hickory. PAC would want to prevent any additional exact dupli- cate (three-dimensional) reproductions of the final artwork by the Artist or others. Any for-profit uses of photographs or other reproductions will be negotiated in writing be- tween the artist and PAC prior to their use for this reason. Further, PAC is committed to treating artists fairly and ensuring they receive adequate recognition for their work. Policy: • Any artwork created through a commission for and accessioned by PAC shall be the property of PAC. The artist retains the copyright and will register it with the United States Register of Copyrights. The artist shall deliver a bill of sale or other appropriate evidence of transfer to the PAC upon payment of the artist's fee. - 26 - City of Hickory Public Art Master Plan • The artist shall not make any type of reproductions of the finished work except by written permission of the PAC. However, the artist shall have the right to include photo- graphs or other reproductions of the work in portfolio, catalog or similar not-for-profit publication provided there is prominent reference to the fact that the work is installed in the City of Hickory, North Carolina. The artist shall have the right to reproduce the ma- quette for the artist's personal collection. • The PAC shall make no reproduction for commercial use except by written permis- sion of the artist and after negotiations with the artist for appropriate compensation. However, the PAC reserves the rights to make photographs or other two-dimensional representations of the artwork for public, non-commercial purposes, such as catalogs, brochures, advertising, and guides provided there is prominent reference to the fact that the work was created by the artist. • The artist retains the right to utilize derivatives of the artwork in ways, which do not deprive PAC of the unique quality of its purchase and its potential symbolic effect. The artist is thus free to use themes embodied in the artwork for future works. Article III - Involvement of Artists in Site Design Objective: PAC is committed to a climate that involves artists in the overall planning and design of major aspects of the public art program and in solving problems inherent in existing situations. PAC recognizes that this involves the collaboration of artists with City staff, project architects, engineers and other design professionals. Policy: • PAC project teams shall include outside artists in collaboration with City staff, archi- tects, landscapes architects, horticulturists, engineers, project managers and other key City staff whenever feasible. • PAC will contract directly with artists to either provide expertise for, or create works, which are specific to a particular context. Although PAC will accept individual project submissions from artist representatives or galleries, all contact, negotiations, and corre- spondence will be directly between artists and PAC staff. Any previous relationship or understanding between an artist and his or her representative or gallery shall be hon- ored at the artist's discretion and shall not interfere with the relationship between the artist and the art program. Article IV - Commission of Artists Objective: - 27 - City of Hickory Public Art Master Plan PAC is committed to the direct involvement of artists in the commissioning of site- specific and temporary works and in the development and implementation of quality arts programming. Policy: • Normally, living artists shall be awarded contracts to either add their perspective to design or to create discreet works for a particular site. In general, the purchase of exist- ing works shall only be made for specific reasons compatible with program goals. Article V - Conflict of Interest Objective: PAC recognizes that it is essential for artists and other related professionals to serve as members of the Public Art Commission and selection panels. It further recognizes that artists and other related professionals may have an actual or perceived conflict of inter- est when serving in such a capacity while competing for projects. Therefore, PAC wishes to establish how artists and other related professionals may participate in any competition, commission or other project without an actual or perceived conflict of in- terest. Policy: The following requirements shall be guidelines for determining service and participation: Public Art Commission • Any artist or other related professional actively serving on and/or appointed to the PAC shall not be eligible for any competition, commission or project during his or her tenure. • A member serving on the PAC must withdraw from participating or voting on any competition, commission or project for which his or her family or business associate has any financial interest or personal gain. • This policy shall extend for a period of six months following the end of an in- dividual's term. Review Committees • Any artist, related professional, or other member of a selection panel must withdraw from participation and voting on any specific piece of art for which his or her family or business associate has any financial interest or personal gain. • An artist or related professional serving on a selection panel may enter any competition, commission or project of the PAC provided that the project is not to be selected by his or her panel. - 28 - City of Hickory Public Art Master Plan • The project is not one in which his or her family or business associate has any financial interest or personal gain. Article VI - Deaccession Objective: PAC will establish an orderly process for reviewing the status of artwork and a proce- dure for removal or relocation of artwork. Policy: • The PAC's art works enter the public environment through a careful process in- formed by the best available judgement and advice from affected public interests. • In all circumstances PAC shall seek to insure the ongoing presence and integrity of the works at the site for which it is created, in accordance with the artist's intention. PAC's primary concern shall be to assure continuing access to the work by the public. • Public art has a long historic tradition of controversy. Review of the status of a pub- lic artwork shall be undertaken cautiously in order to avoid potential influence of fluc- tuations in taste and the immediate pressures of public controversy. • Consideration of removal of an artwork shall involve the same degree of careful re- view as a decision to commission a work. Such consideration will be made with profes- sional judgement and the interests of the public according to carefully developed poli- cies and procedures. Generally, the removal shall be considered only when a work has been in place for five years. In the case of temporary work, removal or relocation gen- erally shall not be considered for 60% of its anticipated life span. See Section Five, Arti- cle IX for deaccession procedures. Article VII - Gift Acceptance Objective: PAC is committed to the creation of an art program, one that is integral to the fabric of the City of Hickory and of a unified vision. Policy: • Proposed gifts of art works or of restricted funds for the acquisition of specific art shall be based on the same goals and criteria as for commissioned works. Gifts shall be accepted for specific reasons compatible with program goals. See Section Five, Article V, gift acceptance procedures. - 29 - City of Hickory Public Art Master Plan Article VIII - Local versus Non-Local Artists Objective: PAC recognizes that art programs can serve more than one purpose. While the primary objective of the program is the enhancement of the City's unique qualities, spaces and programs, an art program can also be an important tool in developing and providing opportunities for the community of artists who reside in the City, County, and State. Policy: • PAC Art Program shall seek a balance in the awarding of contracts for art projects among local, regional and national artists. Factors such as the size of the public art pro- ject and the availability in funding all may influence the decision on the part of the art program to seek artists from a local, regional, or national pool of artists. Over time, PAC is committed to ensuring that a share of art projects is awarded to local and state art- ists. Article IX - Non-Discrimination Objective: PAC recognizes the individual spirit and pride of all individuals and seeks to encourage and advance multiculturalism in all aspects of the PAC Public Art program. Policy: • Accordingly, it is the policy of the PAC to be inclusive in all aspects of the Art Pro- gram, and to be sensitive to all issues and/or any perceptions of discrimination in the Art Program. Article X - Public Information/Community Relations Objective: Public information and education activities are considered primary elements to the suc- cess of the Art Program. Policy: • PAC will work closely with City Public Information staff to promote public awareness of and education activities growing out of the Art Program. Adequate monies will be budgeted for this purpose. - 30 - City of Hickory Public Art Master Plan Exposure for Artists • PAC is committed to providing enhanced exposure of the artist involved in the Public Art Program. Activities may include conferences, tours, special media pro- gramming, cooperative programs with educational and arts institutions, partner- ship programs with the private sector and local businesses and special activities coinciding with artwork dedications at individual project sites. Cultivating Community and Statewide Ownership • By building a regular program of education and promotional activities, a sense of ownership can be instilled and cultivated. Such activities generate a broader appreciation of art and recognition of its place in the City's continuing culture. There are a number of ways to achieve this goal including: • Artist interaction with the City; • Effective use of the media; • Special events such as exhibitions, public tours, artist-in-residence pro- grams, education and/or school programs, publications, brochures, film and videos and public meetings; • Soliciting community support in fundraising; • Representation and participation, both timely and meaningful, in the proc- ess of bringing art works into being from the community, City of Hickory and Catawba County; • Means for managing public controversy; • Means for promoting the project or program (locally, regionally, and/or nationally) to various audiences, through existing promotional vehicles, such as tourism, local public affair agencies, and through special promo- tional opportunities; • Defining specific audiences to be reached by educational activities, such as school children and teachers, • The involvement of artists, art educators, and other appropriate profes- sionals in the design of educational methods and content and; • Liaison with local arts organizations. Article XI - Site—Specific/Integration Objective: PAC is committed to exploring new relationships between art and architecture and to the creation of works which directly respond to, preserve, and enhance the site for which they are commissioned. Policy: - 31 - City of Hickory Public Art Master Plan • The PAC Art Program will endeavor to commission artists to create works integral to the architecture of a particular structure or place including its design and systems. In order to ensure that art works are site-specific and/or integrated into the context of the project, PAC shall endeavor to commission artists at the earliest possible point. This is preferably in the conceptual development of a project, so that their design can be de- veloped alongside and in coordination with the overall project design. - 32 - City of Hickory Public Art Master Plan SECTION FIVE: PROGRAM PROCEDURES Article I - Project Choice The Public Art Commission (PAC) will pursue projects for development and funding based on a prioritized list created as part of the Master Plan. Article II - Project Definition, Call to Artists Art Program and City staff shall carry out the intention of the PAC in developing, design- ing and producing project summaries (prospectus) to be used to advertise these pro- jects to artists. These will include a definition of the project intent, scope, criteria, and a list of selection materials needed. Further they shall develop an appropriate mailing list for sending the prospectus out to artists. Article III - Selection Procedures for Commissioned Art Work Appointment of Review Committee The PAC shall recommend members for each Review Committee. City staff will contact these individuals to investigate the feasibility of their serving on the Review Committee. The number of meetings required will depend upon the nature of the project and the number of submissions. Every effort will be made to structure the meetings to ensure productivity and limit the number of meetings to three or four. A member of the PAC will facilitate all panel discussions. As a sub-committee of the Commission all meetings shall observe the open meeting provisions of the State of North Carolina. Art Work Selection Process All Review Committee members will be provided with: • An overview of their responsibilities and commitments • PAC goals, the selection process goals and considerations, artist selections to date, and focus of the particular project within the overall Art Program • The project prospectus • The site and any specifics concerning the site that are pertinent and, if the com- mission is for a new facility or development project, the architectural planning to date including drawings, site plans, models, etc. • Project timeline including expected milestones and completion date • Project budget - 33 - City of Hickory Public Art Master Plan • Art program policies regarding confidentiality and conflict of interest • A tour of the site, whenever possible Review of Artist's work samples, resumes and proposals • Slides and background materials shall be submitted to the Review Committee to be evaluated as a first step to short-listing artists for interviews. • The first slide reviews should be shown non-stop without comment or questions. Committee members will be provided a list of artists on which to make com- ments. • A rating system shall be introduced on the next viewing in order to narrow the field down; discussion of proposals will be pertinent; ultimately three to five final- ists should be chosen. Orientation for Artists Prior to artist interviews, the short-listed artist(s) shall, when feasible, meet with City staff and other technical and design consultants in an orientation meeting (Review Committee members may also attend), which will include: • Review of the art program goals and process • A review of architectural planning to date and schedule for completion • A tour of the project site, whenever possible • Review of project timeline • The proposed budget • The selection time line There will also be a time for the artists to ask questions/address needs as they relate to the particular project. Artist Interviews A short list of artists (usually between three to five) will be invited for an interview with the Review Committee. The purpose of the interview is to narrow the short-list down to a final selection. The interviews will include: • A brief presentation given by the artists of their past work, if considered neces- sary by the Review Committee, • A brief overview of the artist's impression of the site, • The artist's understanding of the site and project criteria and how their work or collaborative approach will effectively respond to the various considerations in- herent in the site and the project criteria, - 34 - City of Hickory Public Art Master Plan • A vision of how the artist will address art at the site, in the case of a design col- laboration, a method of work plan, a general outline of the needs associated with the site and/or project, and how the collaborative process might proceed, • A presentation that may include a model or other visual representations that show how the artist will handle the project, • The artist's philosophy on public art if the review committee feels it is pertinent, • The artist's past experience in art projects and relative understanding of commis- sion/public art process, • The artist's apparent ability to create works in public context and the collabora- tive and leadership skills necessary for success, • The artist's availability to complete the project within the projected time line, • The artist's ability to work within the given budget. Review Committee Discussion, Selection and Recommendation The last meeting will give the Review Committee a chance to discuss the artists and their proposals, to select a finalist, and draft a recommendation to the PAC. Once the review process has been completed, the Review Committee shall make a rec- ommendation to the PAC. The PAC may from time to time refer the recommendation back to the Review Committee for further consideration. Upon acceptance by the PAC, the Review Committee shall be disbanded. Article IV - Publicity /Dedication City Public Information staff shall prepare media releases immediately after a project has been defined in the prospectus, following artist selection, and upon completion of a project to announce completion and/or dedication. City staff shall identify the place, date, time and participants for the dedication; shall prepare and send invitations; and arrange program events (seating, amplification etc.), speakers and entertainment. The artist, sponsor, donor, Review Committee, PAC and other key community members will be invited. Article V - Gift Acceptance Initiation Individuals and/or other parties interested in donating gifts of existing or commissioned artwork or funds for the acquisition of artwork will contact City staff. The party offering a gift of existing artwork, commissioned artwork or funds for the acquisition should make a written proposal including the following information. - 35 - City of Hickory Public Art Master Plan Existing Art Work • Visuals and/or photographs of the work which accurately describe the work, • If the work is being donated for a specific facility or site, information regarding the site and the work's placement within the context of the site, • Background information on the artist, publications featuring the artist, and any further information on the work under consideration, • The current owner of the artwork and reason for the donation including any re- strictions on gift, • Current location of the work, • Any extraneous costs that may be associated with the donation (i.e. shipping, de-installation, installation, maintenance, insurance, liability etc.). Proposed Gift of Commissioned Art Work The same information as above will be required including: • Information about donating individual or organization including any restrictions on gift, • The particular site under consideration for donation, • If selected, information on the artist who will be creating the work and any background materials available n the artist which clarify his/her past experience and provide an understanding of the type of work to be executed, • If an artist has not been selected, the type of artwork being considered and/or the names of artists under consideration, • Any extraneous costs that may be associated with the donation (i.e. shipping, de-installation, installation, maintenance, insurance, liability etc.). Donation of Funds for Acquisition of Art Works The same information as above will be required including: • Information about donating individual or organization, • The amount of money being offered, • Information regarding the intent of the donation and any particular restrictions associated with the donation, • If the donation is specific to the purchase of a particular work of art or has been designated for commissioned work, all of the above information for a proposed gift of existing artwork or commissioned artwork shall apply. Review for Acceptance or Rejection PAC at its next regularly scheduled meeting will assess the proposed gift. Appropriate documentation must be forwarded in advance of the meeting to PAC members. From time to time, if necessary, a separate review panel may be used. - 36 - City of Hickory Public Art Master Plan Review of Gifts of Existing Art Work PAC will review the proposed gift of existing artwork based on the following criteria: • Whether the artwork is consistent with the goals of the art program, • The aesthetic desirability of the artwork including design, form and function, • Condition of artwork, • Availability of site(s) to house artwork, • Appropriateness of art work to a given available site, • Whether there are funds available to cover any extraneous cost that may be as- sociated with the artwork, • Whether there are any particular restrictions associated with the donation and if so whether it would be in the best interest of the PAC to adhere to those restric- tions, • The availability, feasibility and funding for adequate maintenance and care for the work. Review for Proposed Gift of Commissioned Artwork PAC will review the proposed gift of commissioned artwork based on the following crite- ria: • Whether the proposed commission is consistent with program goals, • The nature of the particular site under consideration for donation and whether the work or type of work under consideration for the site would be appropriate and/or site specific, • Whether there are outside considerations associated with the inclusion of art at the particular site being considered for donation (i.e. access or transportation concerns etc.), • If the artist has been selected or a short—list of artists under consideration for se- lection, the background and history of the artist(s) and his/her/their past work and performance records, • Whether there are funds available to cover any extraneous costs that may be as- sociated with the donation (i.e. shipping, de-installation, installation, mainte- nance, insurance, liability etc.), • Whether there are any particular restrictions associated with the donation and if so whether it would be in the best interest of the PAC to adhere to those restric- tions. Review for Donation of Funds for the Acquisition of Art PAC shall review the donation of funds for acquisition of art based on the following cri- teria: • Whether there are any particular restrictions associated with the donation and whether it would be in the best interest of the PAC to adhere to those restric- tions, - 37 - City of Hickory Public Art Master Plan • Whether the proposed intent for the donation is consistent with program goals, • If the proposed funds are earmarked for a specific work to be purchased or commissioned, all the criteria for donation of actual work or commissioned works shall apply. Article VI - Acquisition of Existing Art Works PAC will evaluate existing art works being considered for direct purchase using the same criteria as is used for gifts of existing art works. Article VII - Accession Art Program Staff will assign accession numbers to completed art works in the order designated by a pre-established system, (i.e. each shall receive a designation of PAC, four digits for the year in which it is accessioned, and the appropriate digit representing its place in that current year's inventory (example: PAC 2002.1) Art Program Staff will enter data onto an Accession Record form and place it in the master ledger. The data will also be entered into a computer file. Article VIII - Conservation/Maintenance Prior to receiving his/her last contractual payment, an individual project artist shall complete a Maintenance Requirements form. Art Program Staff will keep the Mainte- nance Requirements form on file for reference. Art Program Staff or its agents shall annually assess the condition of existing artwork in the collection and prioritize maintenance or conservation needs. Art Program Staff shall present the annual maintenance/conservation plan to PAC for funding. Article IX - Deaccession Initial review Process Art Program Staff shall forward a letter of request along with the concerns prompting alteration, relocation, or removal to PAC for consideration at one of its regularly sched- uled meetings. Reasons for Review PAC shall review the status of the work for one or more of the following reasons: • The condition or security of the artwork cannot be reasonably guaranteed, - 38 - City of Hickory Public Art Master Plan • The artwork requires excessive maintenance or has faults of design or workman- ship and repair or remedy is impractical or unfeasible, • The artwork has been damaged and repair is impractical or unfeasible, • The artwork endangers public safety, • No suitable site is available, or significant changes in the use, character, or de- sign of the site have occurred which affect the integrity of the work or render the work inappropriate for the site, • The quality or authencity of the artwork is called into question, • The artist requests removal. PAC Review—Options An initial recommendation outlining ways in which the concern prompting review may be alleviated (other than deaccession) shall be made. The following will be considered: • Review of the artist's contract and other agreements, which may pertain, • Discussion with the artist of the concern prompting review, • Opinions from more than one independent professional qualified to recommend on the concern prompting review (conservators, engineers, architects, safety ex- perts, art historians, etc.). Review for Deaccession Should PAC determine that reasonable measures to resolve the concern prompting re- view have been taken into good faith and have failed to resolve the concern brought forward, then the PAC will consider, in order of priority, the following: Relocation If the work was created for a specific site, relocation should be to a new site consistent with the artist's intention. The artist's assistance and consent will be required. Removal Removal of the work from the collection will be by sale, extended loan, trade, or gift. Prior to any action, a professional appraisal will be obtained of the fair market value of the work. Sale will be made through public auction. Proceeds from the sale of the work will be restricted to future public art projects. Trade, extended loan or gift will be made to museums or other institutions. Destruction of the Art Work If after consideration and extensive research, the PAC has determined that reallocation of the work or removal of the work through sale or trade cannot occur, then the PAC should consider that the work be destroyed. When recommending destruction of the work, the PAC should consider the methods and costs of destruction. Art Program Staff will keep a record of action of whatever action is undertaken. - 39 - City of Hickory Public Art Master Plan SECTION SIX: PRIORITIES Short Term 1. Temporary Art Exhibit $ 2,500.00 2. Downtown Mural $ 15,000.00 3. Art Walk and Street Furniture Program $ 12,000.00 4. Artrain USA $ 10,000.00 5. Airport Art $ 30,000.00 6. Percent for Art Ordinance Adoption Long Term 1. Art Walk and Street Furniture Program 2. Mural Program 3. Sculpture Competition 4. Public Art for Capital Improvement Projects 5. Art Program Staff - 40 - City of Hickory Public Art Master Plan 9. "Whisper Bench" by Jim Gallucci is a steel powder coated red bench in the style of a chaise lounge. It will be located along the Art Walk and was purchased by City Council in June Of 2004. PAC2004.9 - 42 - City of Hickory Public Art Master Plan Art Work Inventory 1. "The Story" by James Barnhill is a bronze sculpture depicting a mother reading to a child. It is located at the front of the Patrick Beaver Library. It was dedicated in 1998 in honor of Murray Tate. PAC1998.1 2. "The Tower of Miracles" by Mary Rose Carroll is a stone obelisk with metal bas re- liefs. The sculpture was commissioned for the millennium to commemorate the con- struction of an emergency polio hospital in 1944. The sculpture was dedicated as part of a three-day celebration in June of 2000 that included a polio survivors reunion. It is located in Union Square. PAC2000.2 3. "Pulling Sweet Potato Plants" by Ivey Hayes is an acrylic painting. It was purchased in 2001 and hangs in the Ridgeview Library. PAC2001.3 4. "Boy and Girl" by Ivey Hayes is a watercolor. It was purchased in 2001 and hangs in the Ridgeview Library. PAC2001.4 5. "Ukama" by Godrey Kurari is a carved springstone sculpture that represents family unity and community. The sculpture was purchased in 2002 and dedicated to the citi- zens of Ridgeview as part of the dedication of the new Ridgeview Recreation Center. PAC2002.5 6. "The Natural" by Gary Price is a bronze numbered edition sculpture of a small boy with a baseball glove. This sculpture was dedicated in 2003 as part of the dedication of the Highland Recreation Center at Stanford Park. This sculpture was purchased through a private fund-raising effort and is dedicated to Danny Thompson, the former Parks and Recreation Director. PAC2003.6 7. "Stone Souls Rising" by Julia Stout is a free form steel sculpture that sits in the foun- tain at City Hall. This sculpture was leased for a year and purchased by the Public Art Commission in 2003. PAC2003.7 8. "The Game" by Dean Curfman is a steel sphere, ten feet in diameter that depicts a segmented soccer ball. It is located at the Henry Fork Regional Soccer Facility and pur- chased through a private fund-raising effort and dedicated in 2004. PAC2004.8 - 41 - AGREEMENT BETWEEN THE CITY OF FRISCO, TEXAS (CITY) AND VIA PARTNERSHIP, LLP (CONSULTANT) FOR PUBLIC ARTS PROGRAM IMPLEMENTATION made as of the t I day of March, 2004: BETWEEN the City: The 'City of Frisco, Texas 6891 Main Street Frisco, Texas 75034 telephone 972-335-5551 facsimile 972-335-5559 and the Consultant: Via Partnership, LLP PO E3ox 23167 St. Louis, MO 63156 telephone 314-664-5902 facsimile 314-664-5908 for the following Project: Selection and installation of public art projects related to twenty capital projects falling under the City of Frisco Public Art Program. These projects include City Hall/Library, Public Works Facility, Police Headquarters, Central Fire Station and Fire Station #5, Soccer Complex, Heritage Museum and Railroad Depot, Recreation Aquatic Center Phase 1, Convention Oenter, Parks and Trails (to include West Rowlett Creek Hike and Bike, Shepherd's Hill, Chapel Creek Hike and Bike, College Parkway Hike and Bike Trail, Fairways at Eldorado Park, and London Pafc Neighborhood Park and ,_.Warren Sports Complex Phase V Southeast Community Park, and Preston Road Phase II. The City and the Consultant agree as set forth below. THIS AGREEMENT is made arid entered by and between the City of Frisco, Texas, a Home-Rule Municipal Corporation, hereinafter referred to as "City", and Via Partnership, \\frisco2\amy\ARTS\VIA\contract\CC_VIA Contract_FINAL.doc Page 1 of 16 L.L.P., hereinafter referred to as "Consultant", to be effective from and after the date as provided herein (the "Agreement"). WHEREAS, the City desires to engage the services of the Consultant to oversee the selection and installation of public art for the City, hereinafter referred to as the "Project"; and WHEREAS, the Consultant desires to render such services for the City upon the terms and conditions provided herein. NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: That for and in consideration of the covenants contained herein, and for the mutual benefits to be obtained hereby, the parities hereto agree as follows: ARTICLE 1 CONSULTANT'S SERVICES 1.1 Employment of the Consultant - The City hereby agrees to retain the Consultant to perform professional planning services in connection with the Project. Consultant agrees to perform such services in accordance with the terms and conditions of this Agreement. 1 .2 Scope of Services - The parties agree that Consultant shall perform such services as are set forth and described in Exhibit "A", which is attached hereto and incorporated herein by reference for all purposes. The parties understand and agree that deviations or modifications to the scope of services described in Exhibit "A", may be authorized from time to time by the City, if in the form of written change orders. 1.3 Schedule of Work - The Consultant agrees to commence work immediately upon execution of this Agreement, and to proceed diligently with said work to completion as described in Exhibit "B" and incorporated herein by reference for all purposes. Should such delays outside of the Consultant's control occur, the City and the Consultant shall mutually agree in writing to a new completion schedule. ARTICLE 2 THE CITY'S RESPONSIBILITIES 2.1 Project Data - The City shall furnish required information, that it currently has in its possession, as expeditiously as necessary for the orderly progress of the work, and the Consultant shall be entitled to rely upon the accuracy and completeness thereof. 2.2 City Project Manager - The City shall designate, when necessary, a representative authorized to act on the City's behalf with respect to the Project \\frisco2\amy\ARTS\VIA\contract\CC_VIA Contract_FINAL.doc Page 2 of 16 (the "Project Manager"). The City or such authorized representative shall examine the documents submitted by the Consultant and shall render any required decisions pertaining thereto as soon as practical so as to avoid unreasonable delay in the progress of the Consultant's services. ARTICLE 3 CONSULTANT'S COMPENSATION 3.1 Compensation for Consultant's Services - The Consultant's compensation for this project shall be one hundred fifty two thousand, four hundred seventy five dollars ($152,475), ("Consultant's Fee") and shall be paid in accordance with this Article 3 and the Completion Schedule/Project Billing/Project Budget as set forth in Exhibit B. 3.2 Direct Expenses - Direct Expenses are included in the Consultant's Fee as described in Article 3.1 and include actual reasonable and necessary expenditures made by the Consultant and the Consultant's employees and sub- contractors in the interest of the Project for the expenses listed in the following Subparagraphs: 3.2.1 Automobile mileage reimbursement. 3.2.2 Courier services. 3.2.3 Fees paid for securing approvals of authorities having jurisdiction over the Project and Sales & Use Tax, if any. 3.2.4 Reproductions and photographic services provided by commercial services. 3.2.5 Models requested by the City. 3.2.6 Expenses of data processing and Computer Aided Design and Drafting (CADD). 3.3 Additional Services - The Conspltant shall provide the services as described in the Scope of Services as set forth in Exhibit A of this Agreement. If authorized in writing by the City, the Consultant shall provide additional services, to be compensated on an hourly basis in accordance with this paragraph ("Additional Services"). These services may include, but not be limited to: 3.3.1 Additional meetings, hearings, work-sessions, or other similar presentations which are not provided for or contemplated in the Scope of Services described in Exhibit "A". 3.3.2 Additional drafts and revisions to the Project which are not provided for or contemplated in the Scope of Services as described in Exhibit "A". \\frisco2\amy\ARTS\VIA\contract\CC_VIA Contract_FINAL.doc Page 3 of 16 3.3.3 Additional copies of final reports and maps which are not provided for or contemplated in the Scope of Services as described in Exhibit "A". 3.3.4 Photography, professional massing models which are not provided for or contemplated in the Scope of Services as described in Exhibit "A". 3.3.5 Compensation for Additional Services authorized by the City shall be in addition to the Consultant's Fee and shall be based on an hourly basis according to the following personnel rates: Position Hourly Rate Emily Blumenfeld, Partner $75 Meridith McKinley, Partner $75 Additional staff may also be added as determined by Via Partnership in order to complete the task(s). Via Partnership shall notify the City of these changes. These changes will not affect the contract price stated within this contract. 3.4 Invoices — No payment to the consultant shall be made until Consultant tenders an invoice to the City. Payments are payable to the Consultant within thirty (30) days from the date of invoice as long as the invoice is mailed to City within three (3) days of the date of the invoice. Invoices are to be mailed to City immediately upon completion of each individual task listed in Exhibit "A". If any invoice remains outstanding and unpaid for more than sixty (60) days from the date of invoice, and Consultant has fully performed its obligations as set forth herein, the Consultant has the option upon written notice to the City, to suspend all work specified under this Agreement until the account is brought current. Continued performance and/or completion of work by the Consultant under this Agreement shall resume upon the payment of the earned fees by the City. 3.5 Failure to Pay - Failure of the City to pay an invoice, for a reason other than cause, to the Consultant within sixty (60) days from the date of the invoice shall grant the Consultant the right, in,addition to any and all other rights provided, to, upon written notice to the City, refuse to render further services to the City and such act or acts shall not be deemed a breach of this Agreement. The City shall not be required to pay any invoice submitted by the Consultant if the Consultant breached any provision(s) herein. 3.6 Adjusted Compensation - If the Scope of the Project or if the Consultant's services are materially changed, the amounts of the Consultant's compensation shall be equitably adjusted as approved by City. Any additional amounts paid to the Consultant as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. \\frisco2\amy\ARTS\VIA\contract\CC_VIA Contract_FINAL.doc Page 4 of 16 3.7 Project Suspension - If the Project is suspended or abandoned in whole or in part for more than three (3) months, Consultant shall be entitled to compensation for any and all work completed to the satisfaction of City in accordance with the provisions of this Agreement prior to suspension or abandonment. In the event of such suspension or abandonment, Consultant shall deliver to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, reports, photographs and/or any other items prepared by Consultant in connection with this Agreement prior to Consultant receiving final payment. If the Project is resumed after being suspended for more than three (3) months, the Consultant's compensation shall be equitably adjusted as approved by the City. Any additional amounts paid to the Consultant after the Project is resumed shall be agreed upon in writing by both parties before the services are performed. ARTICLE 4 OWNERSHIP OF DOCUMENTS The Project and all documents, data, plans, or any other materials used or made while working on the Project are the property of the City, and Consultant may not use the documents, data, plans, or any other materials for any purpose not relating to the Project without City's prior written consent. City shall be furnished with such reproductions of the Project, data and maps as defined in the Deliverables section of Exhibit A. Upon completion of the work, or any earlier termination of this Agreement under Article 3 and/or Article 7, Consultant will revise plans, data, and maps to reflect changes made while working on the Project and promptly furnish the same to the City in an acceptable electronic format. All such reproductions shall be the property of the City who may use them without the Consultant's permission for any purpose relating to the Project, including, but not limited to, completion of the Project, and/or additions, alterations, modifications, and/or revisions to the Project. Not withstanding the above, Consultant may use the plans for the project for its own marketing purposes in perpetuity. ARTICLE 5 CONSULTANT'S ACCOUNTING RECORDS Records of Direct Expenses and expenses pertaining to services performed in conjunction with the Project shall be kept on the basis of generally accepted accounting principles. Invoices will be sent to the City as indicated in Article 3.4. Copies of employee time sheets, receipts for direct expense items and other records of Project expenses will be included in the invoices. ARTICLE 6 AUDITS AND RECORDS/PROHIBITED INTEREST The Consultant agrees that at any time during normal business hours and as often as City may deem necessary, Consultant shall make available to representatives of the City for examination all of its records with respect to all matters covered by this Agreement, and will permit such representatives of the City to audit, examine, copy and \\frisco2\amy\ARTS\VlA\contract\CC_VIA Contract_FINAL.doc Page 5 of 16 make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement, all for a period of one (1) year from the date of final settlement of this Agreement or for such other or longer period, if any, as may be required by applicable statute or other lawful requirement. The Consultant agrees that it is aware of the prohibited interest requirement of the City Charter, which is repeated on the Affidavit, and will abide by the same. Further, a lawful representative of Consultant shall execute the Affidavit attached hereto and incorporated herein by reference for all purposes. Consultant understands and agrees that the existence of a prohibited interest during the term of this Agreement will render the Agreement voidable. ARTICLE 7 TERMINATION OF AGREEMENT 7.1 Failure to Perform - This Agreement may be terminated by either party upon thirty (30) days' written notice to the other party if the other party fails to perform in accordance with the terms and conditions of this Agreement through no fault of the party initiating the termination. 7.2 Compensation - In the event of termination, Consultant shall be entitled to compensation for any and all work completed to the satisfaction of City in accordance with the provisions of this Agreement prior to termination. In the event of such termination, Consultant shall deliver to City all finished and/or unfinished documents, data, studies, surveys, drawings, maps, models, reports, photographs and/or any other items prepared by Consultant in connection with this Agreement prior to Consultant receiving final payment. ARTICLE 8 DISPUTE RESOLUTION/MEDIATION In addition to all remedies at law, the parties may resolve/mediate any controversy, claim or dispute arising out of or relating to the interpretation or performance of this Agreement, or breach thereof, by voluntary mediation to be conducted by a mutually acceptable mediator. ARTICLE 9 INDEMNITY Consultant shall release, defend, indemnify and hold harmless City and its City Council members, officers, agents, representatives and employees from and against all damages, injuries (including death), claims, property damages (including loss of use), losses, demands, suits, judgments and costs, including reasonable attorney's fees and expenses, in any way arising out of, related to, or resulting from the performance of the work caused by the negligent act and/or intentional act and/or omission of Consultant, its officers, agents, representatives, employees, subcontractors, licensees, invitees or \\frisco2\amy\ARTS\VIA\contract\CC_VIA Contract_FINAL.doc Page 6 of 16 any other third parties from whom Consultant is legally responsible (hereinafter "Claims"). Consultant is expressly required to defend City against all such Claims. In its sole discretion, City shall have the right to select or to approve defense counsel to be retained by Consultant in fulfilling its obligation hereunder to defend and indemnify City, unless such right is expressly waived by City in writing. City reserves the right to provide a portion or all of its own defense; however, City is under no obligation to do so. Any such action by City is not to be construed as a waiver of Consultant's obligation to defend City or as a waiver of Consultant's obligation to indemnify City pursuant to this Agreement. Consultant shall retain City approved defense counsel within seven (7) business days of City's written notice that City is invoking its right to indemnification under this Agreement. If Consultant fails to retain counsel within such time period, City shall have the right to retain defense counsel on its own behalf, and Consultant shall be liable for all costs incurred by City. ARTICLE 10 NOTICES Consultant agrees that all notices or communications to City permitted or required under this Agreement shall be delivered to City at the following addresses: Amy Gill Assistant to the City Manager City of Frisco 6875 Main Street Frisco, Texas 75034 Richard Abernathy Abernathy, Roeder, Boyd & Joplin 1700 Redbud, Suite 300 P.O. Box 1210 McKinney, Texas 75069-1210 City agrees that all notices or communication to Consultant permitted or required under this Agreement shall be delivered to Consultant at the following address: Meridith McKinley Partner Via Partnership, LLP PO Box 23167 St. Louis, MO 63156 Any notice provided for under the terms of this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. \\frisco2\amy\ARTS\VIA\contract\CC_VIA Contract_FINAL.doc Page 7 of 16 All notices or communication required to be given in writing by one party or the other shall be considered as having been given to the addressee on the date such notice or communication is postmarked by the sending party. Each party may change the address to which notice may be sent to that party by giving notice of such change to the other party in accordance with the provisions of this Agreement. ARTICLE 11 MISCELLANEOUS 11.1 Complete Agreement - This Agreement, including the exhibits hereto labeled "A" through "C", all of which are incorporated herein for all purposes, constitute the entire agreement by and between the parties regarding the subject matter hereof and supersedes all prior and/or contemporaneous written and/or oral understandings. This Agreement may not be amended, supplemented, and/or modified except by written agreement duly executed by both parties. 11.2 Assignment and Subletting - The Consultant agrees that neither this Agreement nor the work to be performed hereunder will be assigned or sublet without the prior written consent of the City. The Consultant further agrees that the assignment or subletting of any portion or feature of the work or materials required in the performance of this Agreement shall not relieve the Consultant of its full obligations to the City as provided by this Agreement. All such approved work performed by assignment or subletting shall be billed through Consultant, and there shall be no third party billing. 11.3 Successors and Assigns - City and Consultant, and their partners, assigns, successors, subcontractors, executors, officers, agents, employees, representatives, and administrators are hereby bound to the terms and conditions of this Agreement. 11.4 Severability - In the event a term, condition, or provision of this Agreement is determined to be invalid, illegal, void, unenforceable, or unlawful by a court of competent jurisdiction, then that term, condition, or provision, shall be deleted and the remainder of the Agreement shall remain in full force and effect as if such invalid, illegal, void, unenforceable or unlawful provision had never been contained herein. 11 .5 Venue - This entire Agreement is performable in Collin County, Texas and the venue for any action related directly or indirectly, to this Agreement or in any manner connected there with shall be Collin County, Texas, and this Agreement shall be construed under the laws of the State of Texas. 11.6 Execution/Consideration - This Agreement is executed by the parties hereto without coercion or duress any for substantial consideration, the sufficiency of which is forever confessed. 11.7 Authority - The individuals executing this Agreement on behalf of the respective parties below represented to each other that all appropriate and necessary action \\trisco2\amy\ARTS\VIA\contract\CC_VIA Contract_FINAL.doc Page 8 of 16 has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date thereof. 11.8 Waiver - Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. 11.9 Headings - The headings of the various sections of this Agreement are included solely for convenience of reference and are not to be full or accurate descriptions of the content thereof. 11.10 Multiple Counterparts - This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 11.11 Sovereign Immunity — The parties agree that the City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement, but this will not prevent Consultant from enforcing its rights under this agreement. 11.12 Representatives — Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had the opportunity to confer with its counsel. 11.13 Miscellaneous Drafting Provisions — This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. \\frisco2\amy\ARTS\VIA\contract\CC_VIA Contract_FINAL.doc Page 9 of 16 IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest day as reflected by the signatures below. Effective Date: Ma4 I I ")00 CITY CONSULTANT The City of Frisco, Texas Via Partnership, LLP By: By: ,C . C ,()L George Purefoy / eri 'th cKinley Title: City Manager Title: Partner STATE OF TEXAS: COUNTY OF COLLIN: Before me, the undersigned authority, a notary public in and for this State of Texas, on this day personally appeared George Purefoy, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and consideration expressed, and in the capacity therein stated. GIV N UN R MY HAND AND SEAL OF OFFICE THIS I 1 DAY OF (kA,( '\ , 2004. !•Nrd% KAY QUIGLEY ' Notary Public in and for ,state of Texas ,,,5, �Expires The State of Texas / 5. 2006 -� My commission expires: STATE OF MISSOURI: �:;Y: DEANNA KAY QUIGLEY ;or•• •�yy Notary Public,State of Texas 11y, My Commission Expires COUNTY OF ST. LOUIS: '''''°��`��'' July 15,2006 �inua�• o _ Before me, the undersigned authority, a notary public in and for this State of Missouri, on this day personally appeared Meridith McKinley, known to me to be the person Page 10 of 16 whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purpose and consideration expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF , 2004. Notary Public in and for The State of Missouri My commission expires: Page 11 of 16 EXHIBIT "A" SCOPE OF SERVICES Project Approach (Scope of Work) SCOPE OF SERVICES Via Partnership, LLP proposes to assist the City of Frisco in the selection and installation of public art projects related to new civic design projects influenced by the Public Art Ordinance. These projects include City Hall/Library, Public Works Facility, Police Headquarters, Central Fire Station and Fire Station #5, Soccer Complex, Heritage Museum and Railroad Depot, Recreation Aquatic Center Phase I, Convention Center, Parks and Trails (to include West Rowlett Creek Hike and Bike, Shepherd's Hill, Chapel Creek Hike and Bike, College Parkway Hike and Bike Trail, Fairways at El Dorado Park, and London Parc Neighborhood Park and Warren Sports Complex Phase V), Southeast Community Park, and Preston Road Phase II. Consulting fees, travel, phone, fax, courier fees, and duplication of materials are included in the attached cost schedule. Expenses related to specific artist proposals such as artist stipends, shipping of artist materials and artist travel fees are not included. METHODOLOGY The City's goal is to select public art for each of these projects that will ensure that the citizens and guests of Frisco experience civic spaces filled with quality public art for years to come. The selected art will: • Create an enhanced, interactive visual environment for Frisco residents • Promote tourism and economic vitality in Frisco through the artistic enhancement of public spaces • Commemorate Frisco's rich cultural and ethnic diversity • Foster innovation by presenting the most unique and qualified talent of the arts community. • Further the awareness of and interest in the visual arts APPROACH Via Partnership will provide the following services for the selection and administration of the installation of public art for the above, listed facilities: • Identify artist opportunities with the assistance of the project architect, project manager, public art manager and Frisco Arts Board. • Develop budgets for proposed opportunities. • Solicit artists. • Identify and create methods for dispersing information to artists about public art opportunities. • Facilitate the selection of artists/specific proposals with the Artist Selection Committees, Frisco Arts Board and City Council. • Work with the public art manager, procurement director and city attorney to create and implement a method for contracting with artists. • Manage the installation of each of the proposed opportunities. \\frisco2\amy\ARTS\VIA\contract\CC_VIA Contract_FINAL.doc Page 12 of 16 • Assist with public relations for these projects. ■ Manage the dedication of these works of art. WORK PLAN The work plan for the administration of the selection and installation of public art for each of the three projects will include the following tasks/steps. These steps are further outlined in the Completion Schedule broken down for each project (attached). 1. Identify art opportunities and develop artist selection procedure, establish artist selection committees Via will work with the project architects and City staff to develop appropriate scopes of work and project budgets for the proposed public artworks for each project. Via will provide research from similar projects from throughout Texas and the rest of the country, and prioritize where and how resources should be focused. These scopes of work will be presented to the City and Frisco Arts Board for their review and approval. Via will also work with City staff and the Frisco Arts Board to develop an agreed upon method for selecting the artists for the project. Via will work with the Frisco Arts Board and City staff to identify and invite members of the selection committee for each project. When using an Invitational selection process, these selection committees will meet to become familiar with the project. 2. Research artists and issue request for qualifications For projects using an Invitational Selection Process, Via will research appropriate artists and request qualifications from those artists. For projects using an Open Competition Selection Process, Via will draft a request for qualifications and distribute to artist mailing and email lists. 3. Artist workshop and review of qualifications Once qualifications have been submitted, Via will review these qualifications with the Artist Selection Committees, who will select artists to receive a Request for Proposals. Via will notify all artists if they have been selected and issue the RFP. Via will design and conduct workshops for artists who will be submitting proposals. At this meeting, artists will become familiar with the overall site, the goals for the project, the architecture of the buildings, technical constraints, etc. 4. Artist selection Via will review proposals with the Artist Selection Committee. If necessary, VIA will give artists feedback on their proposals and invite them to Frisco to present their revised concepts to the Selection Committee. From these final presentations and proposals, the Artist Selection Committee will develop a recommendation to the Frisco Arts Board regarding the final artwork for the \\frisco2\amy1ARTS\VIA\contract\CC_VIA Contract_FINAL.doc Page 13 of 16 building. The FAB will review and make the final recommendation to City Staff/City Council. 5. Artist contract and final design Via will work with the appropriate City staff to develop artist contracts and present, if necessary, information regarding the selected artists to City Council. Via will meet with project architects and City staff to review final artist designs. 6. Fabrication and installation Via will work with the artists and the City to ensure proper installation of the final artwork. This may include studio visits, permits, coordinating with contractors, working with artists to ensure that concerns such as engineering drawings and insurance are being properly addressed. Progress meetings and installation site visits will be scheduled. 7. Community Relations Via will work with City Staff to prepare dedication events including managing media involvement and artist lectures along with development of collateral materials including plaques and information for the website. The detailed tasks and costs are in outlined in Exhibit B. \\frisco2\amy\ARTS\VIA\contract\CC_VIA Contract_FINAL.doc Page 14 of 16 Exhib° "B" Central Fire Heritage Recreation/ _ City Halt/ Public and Museum/ Aquatic Convention Parks,Trails Community Preston TOTAL Library Works Police Substation Soccer Depot Center Center &Warren Park Road IDENTIFY ART OPPORTUNITIES,DEVELOP ARTIST SELECTION PROCEDURE,ESTABLISH ARTIST SELECTION "ASK 1: COMMITTEE Review current plans,meet with project architects, project manager,public art manager and other constituencies to identify public art opportunities.Research comparable projects from across 1.1 the country. 10,550 1,225 925 675 750 1,475 450 925 1,450 450 450 1,775 Establish and make contact with artist selection committees for each facility/project.Review site,project opportunities,and artist selection procedures with each group,pending type of selection 1.2 process used. 5,900 925 775 825 150 1,575 150 1,050 150 300 Prepare and deliver list of final public art opportunities to City Staff 1.3 and Frisco Arts Board for approval. 3,375 375 225 225 225 375 225 225 375 525 225 375 SUBTOTAL TASK 1 19,825 _ WEEKS TO COMPLETE 6 wks 6 wks 6 wks 10 wks 6 wks 10 wks 10 wks 6 wks 10 wks 10 wks 10 wks RESEARCH ARTISTS AND ISSUE REQUEST FOR "ASK 2: QUALIFICATIONS _ Research artists to be invited to submit qualifications for "Invitational"selection process. Contact artists to request 2.1 qualifications/letter of interest. 5,000 1,150 775 850 1,150 1,075 Draft and issue Request for Qualifications for"Open Competition" 2.2 selection process. 1,900 300 350 _ 25.0 250 7_5_0_ SUBTOTAL TASK 2 6,900 _ WEEKS TO COMPLETE 4 wks 4 wks 4 wks 2 wks 4 wks 2 wks 2 wks 4 wks 2 wks 2 wks 2 wks 'ASK 3: ARTIST WORKSHOP AND REVIEW OF QUALIFICATIONS Review qualifications with selection committees. Select artists to 3.1_receive a Request for Proposals. 11,175 1,200 825 900 1,050 1,500 525 900 975 675 525 2,100 Notify selected artists.Send them detailed Request for Proposal documents, including letter of agreement/proposal contract.Notify 3.2 unselected artists. 4,650 450 300 375 450 600 300 375 450 300 300 750 Host pre-bid conferences for proposal artists including tour of site, review of architectural plans,presentation of goals for public art 3.3 opportunities and review of selection process. 11,500 1,350 900 1,050 1,050 1,650 600 900 1,350 600 2,050 1 SUBTOTALTASK3 27,325 WEEKS TO COMPLETE 10 wks 10 wks 10 wks 16 wks 10 wks 16 wks 16 wks 10 wks 12 wks 16 wks 16 wks TASK 4: ARTIST SELECTION -_- Review proposals from artists for each public art opportunity with 4.1 selection committees. Check references. 10,550 1,350 975 1,050 700 _ 1,525 450 925 1,350 675 1,550 Share feedback from selection process with artists so that they may revise their proposals and make arrangements for 4.2 presentations to the Artist Selection Committee. 6,525 750 525 600 450 750 525 1,200 525 1,200 Review pre-qualified list of artists with selection committee and 4.3 select artist. 1,350 • 1,350 Final artist presentations and artist/artwork selection. Present 4.4 final selection to FAB. 11,750 1,350 975 1,050 700 1,525 150 925 1,650 450 675 2,300 SUBTOTAL TASK 4 30,175 WEEKS TO COMPLETE 12 wks 12 wks 12 wks 16 wks 12 wks 16 wks 16 wks 12 wks 20 wks 16 wks 16 wks TASK 5 ARTIST CONTRACT AND FINAL DESIGN Notify artists and provide sample contract reflecting specific 5.1 project. Assist with presentation to City Council. 9,900 1,350 825_ 975 500 1,600 300 825 1,300 525 1,700 5.2 Final design review 12,300 1,200 750 975 650 1,450 450 750 2,050 • 900 450 2,675 SUBTOTAL TASK 5 22,200 WEEKS TO COMPLETE 16 wks 16 wks 16 wks 16 wks 16 wks 16 wks 16 wks 16 wks 16 wks 16 wks 16 viks . AI lil,., U - Central Fire Heritage Recreation/ City Hall/ Public and Museum/ Aquatic Convention Parks,Trails Community Preston TOTAL Library Works Police Substation Soccer Depot Center Center &Warren Park Road TASK 6 _FABRICATION AND INSTALLATION 6.1 Progress meeting(s)with artist. 11,175 1,050 750 825 700 1,350 300 700 1,500 1,500 450 2,050 6.2 Installation site visit(s). 11,225 1,050 750 825 700 ' 1,400 300 700 1,500 1,500 450 2,050 SUBTOTAL TASK 6 22,400 WEEKS TO COMPLETE 20 wks 20 wks 20 wks 20 wks 20 wks 20 wks 20 wks 20 wks 20 wks 20 wks 20 wks TASK 7: COMMUNITY RELATIONS Provide draft media/press releases for staff approval and release. Provide media contact information for distribution.Coordinate documentation and develop content for information on the City 7.1 websito. 12,050 1,200 750 _ 900 ' 700 1,500 450 700 1,650 -- 1,350 450 2,400 ___7.2 Organize dedication and artist reception. _ _ 11,600 1,200 675 750 625 1,500 375 700 1,650 1,350 375 2,400 _SUBTOTALTASK7 23,650 - WEEKS TO COMPLETE - 8 wks 8 wks 8 wks 8 wks 8 wks 8 wks•• 8 wks 8 wks 8 wks 8 wks 8 wks TOTAL 152,475 17,175 11,700 12,850 • 9,700 20,925 4,875 10,575 20,575 10,600 7,075 26,425 Art budget 2,819,100 305,000 88,573 145,000 70,000 498,500 26,840 98,354 278,501 52,162 56,170 1,200,000 'Timeframes beginning with date of contract execution. EXHIBIT "C" AFFIDAVIT THE STATE OF TEXAS § COUNTIES OF COLLIN/DENTON § I, a member of the consultant team make this affidavit and hereby on oath state the following: I, and/or a person or persons related to me, have no substantial interest in a business entity that would be peculiarly affected by my work or decision on the project as those terms are defined in Article 988b, V.T.C.S. The business entity is: Via Partnership, a limited liability partnership of the State of Missouri, has a substantial interest in this business entity for the following reasons: (Check all which are applicable) Ownership of 10% or more of the voting shares of the business entity. Ownership of $2,500 or more of the fair market value of the business entity. Funds received from the business entity exceed 10% of income for the previous year. Real property is involved and have an equitable or legal ownership with a fair market value of at least $2,500. A relative of mine has substantial interest in the business entity or property that would be affected by my decision of the public body of which I am a member. Other: Upon the filing of this affidavit with the City of Frisco, Texas, I affirm that I will abstain from acting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this day of , 2004. Signature of Official/Title \\frisco2\amy\ARTS\VIA\contract\CC_VIA Contract_FINAL.doc Page 15 of 16 BEFORE ME, the undersigned authority, this day personally appeared and on oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief. Sworn to and subscribed before me on this day of 2004. Notary Public in and for The State of Missouri My commission expires: \\frisco2\amy\ARTS\VIA\contract\CC_VIA Contract_FINAL.doc Page 16 of 16