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HomeMy WebLinkAboutCS 23-24Report to Executive Committee Report Number: CS 23-24 Date: September 3, 2024 From: Laura Gibbs Director, Community Services Subject: Celebration of Gordon Lightfoot Public Art – Artist Selection -Commission of Public Art-File: A-1440-001 Recommendation: 1.That Council endorse the commission of the public art, entitled “Gordon’s Guitar” to beinstalled in Ernie L. Stroud Park, Steeple Hill and be awarded to Geordie Lishman; 2.That Council authorize the Director, Finance & Treasurer to finance the net project cost of $53,933.00 to be funded by a transfer from the Public Art Reserve as approved in the 2024 Current Budget; 3.That the Mayor and the City Clerk be authorized to execute the Letter of Understanding,between Geordie Lishman and the City of Pickering, set out in Attachment 1, subject to minor revisions acceptable to the Director, Community Services and the Director,Corporate Services & City Solicitor; and 4.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: The purpose of this report is to seek Council’s endorsement for the commission of public art to be installed in Ernie L. Stroud Park, Steeple Hill in Pickering, and to be awarded to Geordie Lishman. As per section 09.10 of the Purchasing Policy (PUR 010), Public Art Project purchases with costs that exceed $25,000.00 are subject to Council approval. Based on Resolution #282/23 from September 29, 2023, staff have consulted with the Steeple Hill Neighborhood and the community at large on the suitability, design, and material to be used for permanent public artwork which is to be funded from the Public Art Reserve. As per the Public Art Policy (CUL 130), this purchase of artwork is being recommended following a publicly promoted Call to Artists with pre-qualification of artists based on submitted artwork concepts. The proposal by artist Geordie Lishman received the highest juried and community score and was recommended and endorsed by the Public Art Jury and Cultural Advisory Committee. CS 23-24 September 3, 2024 Subject: Celebration of Gordon Lightfoot Public Art – Artist Selection Page 2 Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Advocate for an Inclusive, Welcoming, Safe & Healthy Community. Financial Implications: The Celebration of Gordon Lightfoot public art is reflected in the approved 2024 Current Budget (Cultural Services 10207) in the amount of $60,000.00. The net purchase cost is to be funded from the Public Art Reserve in the amount of $53,933.00. 1.Estimated Project Costing Summary Fees set out in the Letter of Understanding $53,000.00 HST (13%) 6,890.00 Total Gross Project Costs $59,890.00 HST Rebate (11.24%) (5,957.00) Total Net Project Costs $53,933.00 2.Approve Source of Funds Approved Code Source of Funds Budget Funds Required 10207.502520.9710 Public Art Reserve $60,000.00 $53,933.00 Project Cost under (over) approved funds by $6,067.00 The remaining funds of $6,067.00 will be used for signage, lighting, communications and an unveiling event. Discussion: The purpose of this report is to seek Council’s endorsement for the commission of public art to be installed in Ernie L. Stroud Park, Steeple Hill in Pickering, be awarded to artist Geordie Lishman. As per section 09.10 of the Purchasing Policy (PUR 010), Public Art purchases with costs that exceed $25,000.00 are subject to Council approval. As per Section 10.01 of the Public Art Policy (CUL 130), an Open Call was selected as the Method of Acquisition. A two-stage process was selected in which Stage one pre-qualified a short list of three artists. The three selected artists were invited to participate in Phase two in which they submitted a detailed project proposal. CS 23-24 September 3, 2024 Subject: Celebration of Gordon Lightfoot Public Art – Artist Selection Page 3 A Call to Artists – Expression of Interest was issued on December 8, 2023. The Call to Artists was advertised through the City of Pickering website as well as Akimbo, PineRidge Arts Council (PRAC) newsletter, Community Services Distribution List, Creative Cities Network of Canada, DurhamRegion.com, and through social media. As per Section 09.01 of the Public Art Policy, a Public Art Jury was formed. The Public Art Jury evaluates the artist proposals in accordance with the Selection Considerations in Section 11 of the Policy. A total of 19 artists responded to the Call to Artists with an expression of interest. The Public Art Jury met on January 11, 2024, to confirm the results of the scoring and selected the top three artists to move to Phase two as per the information set forth in the Call to Artists. The Cultural Advisory Committee endorsed the top three artists as selected by the Public Art Jury at their meeting on January 16, 2024. On Thursday, April 4, 2024, the Curator, Public Art held an Open House at the George Ashe Library. This session introduced residents to the project, and helped shape the vision of what the sculpture will look like. The collected information was used to generate Phase two, Call to Artists – Request for Proposals, which was issued to the top three shortlisted artists. The Phase Two proposals were received on May 20, 2024. Each artist presented their concept to the community and Public Art Jury during Artfest, May 25 and 26, 2024. Community members were also able to vote for their favorite art concept both in person and online until May 31, 2024. Following this, the Public Art Jury reviewed the judging criteria, scored each proposal and ranked the top three finalists. Based on the community vote and the Jury’s decision, it was recommended that Geordie Lishman be awarded the commission of public art “Gordon’s Guitar” to be installed in Ernie L. Stroud Park, Steeple Hill in Pickering. The recommendation was endorsed by the Cultural Advisory Committee on June 18, 2024. The conceptual design proposal is set out in Schedule A of the Letter of Understanding. The Artist made the following statement: “Gordon’s Guitar, an interactive musical sculpture, was conceived and created by local Artist Geordie Lishman. The sculpture celebrates Canadian Singer-Songwriter Gordon Lightfoot. The 12-string guitar represents Lightfoot's musicality and was used by him during live performances. The butterfly is a symbol of his relationship to the Mariposa Folk Festival and his commitment to the community. Gordon’s Guitar allows community to gather and play together using multiple senses.” The Letter of Understanding defines the relationship and responsibilities between the City and the Artist. Staff are requesting Council to authorize the Mayor and City Clerk to execute the Letter of Understanding with Geordie Lishman. Subject to Council’s endorsement, the artists will begin fabrication with an estimated installation date of September 2025. CS 23-24 September 3, 2024 Subject: Celebration of Gordon Lightfoot Public Art – Artist Selection Page 4 Attachment: 1.Letter of Understanding (Agreement) Prepared By: Approved/Endorsed By: Original Signed By Original Signed By Krystal Roberts Laura Gibbs, MBA, MSc. Manager, Cultural Services Director, Community Services LG:sb Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer Attachment 1 to Report CS 23-24 Letter of Understanding Public Artwork Agreement This agreement made the Day/Month/Year BETWEEN: Geordie Lishman (hereinafter called “the Artist”) AND THE CORPORATION OF THE CITY OF PICKERING (hereinafter called “the City) 1. Introduction This Letter of Understanding pertains to the artwork creation and installation of the artworks for the Celebration of Gordon Lightfoot to be installed in Ernie L. Stroud Park, Steeple Hill Pickering. This document defines the relationship and responsibilities between the City and the Artist. The final artwork is to be unveiled September 2025. This Letter of Understanding conforms to the City of Pickering Public Art Policy (CUL 130) and the City Of Pickering Standard Quotation Terms & Conditions. 2. Background The City administered the Celebration of Gordon Lightfoot public art project, issuing a call for Expressions of Interest (Attachment 1), on December 8, 2023. By the January 5, 2024 deadline, 19 artist submissions were received and reviewed by the Public Art Jury based on the outlined criteria. The top three artists were selected to advance to Phase 2, with the Cultural Advisory Committee endorsing the selection on January 16, 2024. On April 4, 2024, the Curator, Public Art hosted an Open House at the George Ash Library to gather community input, which informed the Phase 2 Call to Artists – Request for Proposals (Attachment 2), issued to the shortlisted artists. Proposals were submitted by May 20, 2024, and the artists presented their concepts during ArtFest on May 25 and 26. Community members voted on their favorite concept until May 31, 2024. After considering the community vote and jury scores, Geordie Lishman was recommended for the commission. This recommendation was endorsed by the Cultural Advisory Committee on June 18, 2024. The Artist submitted a proposal titled Gordon's Guitar dated 05, 20, 2024, (“the Proposal”), a copy of which is attached as Schedule “A” to this Agreement. The Artist has been selected by the City to create, manufacture, install and deliver to the site, as required for the different components, the Artwork titled Gordon's Guitar in accordance with the Conceptual Design, the Terms of Reference and the terms and conditions of this Agreement. 3. Definitions Artwork - The “Artwork” means the final piece of artwork developed from the design, model, and specifications provided by the Artist and approved by the City, which Artwork is more particularly specified in Schedule “A” attached hereto. The Work - The “Work” means designing, producing and fabricating the Artwork as well as delivering and installing it at the Place of Installation. Letter of Understanding Public Artwork Agreement Place of Installation - The “Place of Installation” is in Ernie L. Stroud Park, Steeple Hill Pickering, more specifically located as shown on the attached drawing Schedule “B” attached hereto. 4.Artist Fee: Compensation and Payment Schedule a) The all-inclusive price to be paid by the City for the Artwork, completed and installed shall be$59,890.00 CAD, inclusive of all applicable federal and provincial taxes including HST.b) Each stage of the payment shall be accompanied by a detailed summary of work completed bythe Artist to date that includes updated drawings and images that states that the Work has progressed and is proceeding according to schedule C and will be installed by the Delivery Date(as defined below). c)H.S.T. shall be enumerated as a separate item on each staged and scheduled paymentpursuant to this Article. Payment shall be structured in a payment schedule to the Artist as follows: I.Phase 2: $19,963.33 inclusive of HST– after completion of Phase 2 which includes executingthe Letter of Understanding, site visit, fabrication schedule and submission of an invoice from the Artist;II.Phase 4: $19,963.33 inclusive of HST– after completion of Phase 4 which includes the delivery of final drawings of all art work components and submission of an invoice from theArtist; andIII.Phase 6: $19,963.33 inclusive of HST– after completion of Phase 6 which includes installationof the artwork at the Place of Installation and upon submission of an invoice from the Artist. The City agrees: a)to pay the Artist all funds due and as provided for herein. 5. Payments of Sub-Contractors The Artist agrees: a)to ensure that payments will be made to all suppliers and subcontractors that may be engagedby the Artist in regard to the design, fabrication, storage, delivery and installation of the Artwork.At the City’s request, the Artist shall provide evidence of such payment. 6. Performance The Artist agrees: a)to provide all work and materials necessary to create the Artwork and to fulfill all its obligationsas set out in this Agreement;b)that the materials, methods and processes used to produce the Artwork shall be of first-classquality and expressive of the approved design as detailed in Schedule “A” attached hereto;c)to use firstclass skills, diligence and workmanship as are normally found in the artistic profession,and ensure that all materials incorporated into the Artwork are of the utmost quality and design in accordance with Schedule “A”; Letter of Understanding Public Artwork Agreement 7.Timelines and Completion of Deliverables The Artist agrees: a)to complete the installation of the Artwork to the satisfaction of the City no later than September25, 2025 “the Delivery Date”) or such later date as may be agreed upon by the Artist and theCity in writing. The installation will include a maintenance/conservation plan submitted by the Artist;b)during the design and production of the Artwork, to keep the City advised of the status of theproduction of the Artwork. If required by the City, the Artist shall allow representatives of the City to view the Artwork during its various stages of production or provide progress photographs;c)to submit a progress report and invoice, with supporting receipts and invoices from sub- contractors, in the form specified by the City, prior to each payment date set out in Schedule “C”.d)to provide a conservation and maintenance plan which must be approved by the City; e)to provide to the City photographs of the Artwork during and after installation in accordance withSchedule “C”. The City agrees: a)to ensure that should the Artist require direction in any regard to the design, fabrication orinstallation of the Artwork, the City shall provide such direction in a prompt and timely fashion. 8. Detailed Design The Artist agrees: a)to evaluate all material and data relevant to the Artwork as provided by the City and shall facilitateproduction of the final design, working with the Cultural Services Unit and other City departments and design team members, as needed and, in order to finalize the detailed design and the exactlocation of the Artwork within the Installation Site, to the satisfaction of the City. 9.Specifications The Artist agrees: a)to provide detailed drawings and specifications to the satisfaction of the City and shall advisethe City, in writing, through the Curator, Public Art, of all factors relating to the Artwork’stheme, budget, critical path, location, size, materials, structural, mechanical and technologicalrequirements, installation methods, and future maintenance requirements, to be determined by the Artist in consultation with the Curator, Public Art; b) Substantive changes to the Artwork may be undertaken by the Artist only upon receipt of prior written authorization by the Manager, Cultural Services provided however, that the City’sobjection to any feature of the Artwork which is reasonably attributable to the exercise of the Artist’s aesthetic judgment during the progress of the development of the Artwork shall not beconsidered a substantive change and shall not be a basis for withholding acceptance or paymentfor the Artwork. Letter of Understanding Public Artwork Agreement 10. Permits and Engineers Stamp The Artist agrees: a) to obtain at the Artist's sole cost and expense, all permits necessary for the delivery and installation of the Artwork and prepare all materials, documents, reports, plans and drawings, required in order to obtain any Structural Engineers' stamps required in connection with the manufacture and installation of the Artwork at the Installation Site. 11. Delivery, Installation and Protective Measures The Artist agrees: a) to be solely responsible for all costs and supervision of the actual fabrication, production and installation of the Artwork including the cost of any site preparations or safety precautions that are required for the installation of the Artwork in its final location unless otherwise specified by the City. If protection during installation is required, then the Artist is to provide it. b) to deliver the Artwork to the specific site as set out in Place of Installation, free from all defects and in compliance with the specifications as outlined in Schedule “A” attached hereto; c) The Artist shall coordinate the installation of the Artwork with the Curator, Public Art and permit such inspections of the installation as the City may require. If any costs result from the Artist failing to coordinate the Artist's work with that of [City divisions and contractors], all such costs shall be borne by the Artist. d) upon installation of the Artwork, to clean the Artwork to ensure that all dirt, imperfections and extraneous materials are removed from the Artwork; e) that installation shall have been deemed to be complete when acceptance by the City or by its designated agent. The City agrees: a) to provide, at its expense, a permanent marker in keeping with the quality and type of the Artwork which will identify the name of the Artist, the name of the Artwork and the year of the Artwork. 12. Damage to Artwork and Artist’s Property The Artist agrees: a) that in the event of physical loss or damage to the Artwork prior to completion of installation and acceptance of the Artwork by the City, the Artist shall immediately take all necessary steps to rectify the loss or damage by repair, restoration, replacement or other appropriate means as soon as is reasonably possible at no additional expense to the City. Where necessary, the Artist may collect insurance proceeds before rectifying the loss or damage and shall rectify the loss or damage as soon as is reasonably possible after receipt of said funds. b) to be responsible for any loss or damage whatsoever to any of the Artist's materials, goods, equipment or supplies and will maintain all-risk coverage as required by this Agreement and as any prudent owner of such materials, goods, supplies and equipment would maintain. The Artist shall have no claim against the City or the City’s insurers for any damage or loss to the Artist's property and shall require his insurers to waive any right of subrogation against the City. Letter of Understanding Public Artwork Agreement The City agrees: a) that following acceptance of the Artwork, the City will use its best efforts to maintain and repair any damage done to the Artwork by vandalism or other means substantially in accordance with the conservation and maintenance plan to be provided by the Artist. The City will make reasonable efforts to inform the Artist of such damage and to offer the Artist the opportunity to consult with the City on the proposed repairs. 13. Warranty, Repair and Maintenance The Artist agrees: a) that upon receipt of the Artwork, should the City find any deficiencies in the Artwork, it will advise the Artist in writing and the Artist must rectify such deficiency within ten (10) days of receipt of such notice. Should it not be possible to complete rectifying the deficiencies within ten (10) days, the Artist shall provide a Schedule to the City that is acceptable to the City indicating when completion will occur. b) in the event that the Artwork shall require repairs subsequent to the date of completion arising from normal weathering and “wear and tear”; then in such event the City shall advise the Artist in writing as to the nature of such repair and offer the Artist first right of refusal to carry out such repair within times and consideration as mutually agreed upon by the City and the Artist. Should the Artist fail to advise the City within thirty (30) days of receipt by the Artist of the written offer, or should the Artist and the City fail to agree on times and consideration, then in any such event the City, or a third party hired by the City, shall be at liberty to carry out any and all repairs. In determining the time and consideration for such repairs, both parties agree to act reasonably. c) notwithstanding the foregoing and with the exclusion of the maintenance criteria set out in the conservation and maintenance plan submitted by the Artist, during the first three (3) years after installation and acceptance by the City, the Artist agrees to repair any defects or deficiencies (normal weathering and “wear and tear” excepted) in the Artwork without any charge to the City. The City agrees: a) to keep the Artwork in a clean condition, free of debris or banners or signage which defaces the Artwork, all to the level which the City considers to be appropriate and in accordance with the conservation and maintenance plan to be approved by the City and that will be provided by the Artist. 14. Removal and Relocation of Artwork The City agrees: a) to endeavor to exhibit the Artwork in the original location and in its original and complete format subject to the City’s right to decommission or remove the Artwork or a particular piece thereof for reasons which may include, but are not limited to, the structural integrity of the Artwork, expiry of the expected lifespan of the Artwork, extensive or irreparable damage or vandalism or by reason of the necessity to accommodate the effective operation of the site. Letter of Understanding Public Artwork Agreement b) to consult, where possible, on the restoration or removal of public art, but shall retain the right to restore, relocate, or archive a work of public art without the artist's and/or donor's consent. 15. Insurance The Artist agrees: a) that upon request by the City, the Artist shall take out and keep in force a policy of liability insurance in the amount of $2,000,000 inclusive each occurrence (or such larger amount as may be required), and not less than two million ($2,000,000.00) automotive liability insuranc e coverage for the duration of the Artist’s work. Certificate(s) of insurance shall be provided upon request by the City. i. The policy shall include The Corporation of the City of Pickering, as additional named insured without subrogation in respect of all work performed by or on behalf of the Artist, a certificate of insurance shall be completed by the Artist’s agent, broker or insurer. ii. The policy shall not be altered, cancelled or allowed to expire or lapse, without thirty (30) days prior written notice to the City. iii. If the City is not provided with a renewal of the policy at least thirty (30) days prior to its expiration date, then the City may arrange a public liability policy insuring the City in the amount of $2,000,000.00 and an automotive liability policy insuring the City in the amount of two million ($2,000,000) at the expense of the Artist, which may be recovered from amounts owed to the Artist or from any form of security still in the City's possession. 16. Indemnification The Artist agrees: a) to indemnify and hold harmless the City, its Mayor and Councillors, employees and agents for any and all losses, claims, demands, suits, actions, judgments, or costs which may arise from any physical deficiencies or deformities or structural failures of the Work which render the Artwork inconsistent with the approved design. The Artist agrees that this indemnity shall survive the period of time required to fulfill this contract and extend to the useful life of the Artwork and shall be binding upon the Artists’ personal representatives, administrators, executors and assigns. b) to indemnify the City, its Mayor and Councillors, employees and agents from and against all liens, all builders liens, claims, actions, costs and damages which may arise during installation of the Work on the Place of Installation. No finding of negligence, whether joint or several, as against the City in favour of any third party shall operate to relieve or shall be deemed to relieve the Artist in any manner from any liability to the City, whether such liability arises under this Agreement or otherwise. c) to warrant that the Artwork is original to the Artist and does not violate any copyright of any other person. The Artist shall indemnify and hold harmless the City, its Mayor and Councillors, employees and agents for any and all losses, claims, demands, suits, actions, judgements or costs that may arise from the allegation that the Artwork is not original to the Artist. Letter of Understanding Public Artwork Agreement 17. Occupational Health and Safety Act The Artist agrees: a) to conform to and enforce strict compliance with the requirements of the Occupational Health and Safety Act, R.S.O., 1990 c.0.1 and all regulations thereunder, as amended from time to time (collectively the "OHSA"). b) that nothing in this Agreement shall be construed as making the City the "employer" (as defined in the OHSA) of any workers employed or engaged by the Artist either instead of or jointly with the Artist. c) that it will ensure that all subcontractors engaged by it are qualified to perform the services and that the employees of the Artist and of all subcontractors are trained in the health and safety hazards expected to be encountered in the Services. 18. Workplace Safety & Insurance The Artist agrees: a) that all of the Company’s personnel must be covered by the Workplace Safety & Insurance Board at the Company’s expense. The Company shall provide the City with a Clearance Certificate from the Workplace Safety & Insurance Board prior to the commencement of work, certifying that all assessments and liabilities payable to the Board have been paid, and that the bidder is in good standing with the Board. b) to provide the City with a Clearance Certificate prior to final payment certifying all payments by the Company to the Board in conjunction with the subject Contract have been made and that the City will not be liable to the Board for future payments in connection with the Company’s completion of the project. c) That a Company deemed to be an Independent Operator by the Workplace Safety & Insuranc e Board will provide a copy of such letter to the City containing the Independent Operator identification number issued by the Board. An Independent Operator must be covered by WSIB optional insurance and provide proof of this coverage upon request. 19. Delays The Artist and the City agree that: a) neither party shall be responsible for any failure to comply with or for any delay in performance of the terms of this Agreement including but not limited to delays in delivery, where such failure or delay is directly or indirectly caused by or results from events of force majeure beyond the control of the party sought to be charged. These events shall include, but not be limited to fire, earthquake, accident, civil disturbances, war, rationing, allocation of embargoes, strikes or labour problems or delays in transportation, inability to secure necessary materials, parts or components, delay or failure of performance of any supplier or subcontractor, acts of Nature or acts of Government. Letter of Understanding Public Artwork Agreement 20. Early Termination The Artist and the City agree that: a) notwithstanding any other provision of this Agreement, the City may, at any time and without cause, prior to completion of the Artwork, terminate this Agreement by providing sixty (60) days' notice in writing to the Artist. In the event of such termination, the City shall not incur any liability to the Artist other than work completed to the date of termination in accordance with the payment schedule and reimburse the Artist for the demonstrable, reasonable actual costs to the Artist incurred in connection with the Artwork, to the date of termination, as well as any demonstrable, reasonable outstanding liability owed by the Artist to the Artist's contractors, subcontractors, or employees incurred in connection with such termination; b) failure of the Artist to perform its obligations under the Agreement shall entitle the City to terminate the Agreement upon ten (10) calendar days’ written notice to the Artist if a breach which is remediable is not rectified by the Artist to the City's satisfaction and within the timeframe set out in the City's notice of breach. In the event of such termination, the City shall not incur any liability to the Artist other than work completed to the date of termination in accordance with the payment schedule and reimburse the Artist for the demonstrable, reasonable actual costs to the Artist incurred in connection with the Artwork, to the date of termination, as well as any demonstrable, reasonable outstanding liability owed by the Artist to the Artist's contractors, subcontractors, or employees incurred in connection with such termination; c) all rights and remedies of the City for any breach of the Artist's obligations under the Agreement shall be cumulative and not exclusive or mutually exclusive alternatives and may be exercised singularly, jointly or in combination and shall not be deemed to be in exclusion of any other rights or remedies available to the City under the Agreement or otherwise at law; d) no delay or omission by the City in exercising any right or remedy shall operate as a waiver of them or of any other right or remedy, and no single or partial exercise of a right or remedy shall preclude any other or further exercise of them or the exercise of any other right or remedy; and e) upon termination, all work and material of the Artist pertaining to the Artwork shall be delivered to or retained by the City at no further cost or liability to the City. 21. Ownership The Artist and the City agree: a) ownership of the Artwork, the model/maquette and all documentation supplied to the City in connection with the Artwork, will vest in the City upon final payment for same. 22. Copyright The Artist and the City agree that: a) copyright in the Artwork shall remain with the Artist. The Artist agrees: a) to hereby grant the sole, perpetual and royalty free license to exhibit the Artwork in public and to use photographs, drawings, film, video, and other mechanical reproductions of the Artwork throughout the world to the City for publicity purposes only. Letter of Understanding Public Artwork Agreement b) to authorize the City to use the Artist’s name in connection with the Artwork and in the promotion and advertising of the City. c) not to replicate the Artwork for any other client or purchaser. d) to use best efforts to give credit to the City as the owner of the Artwork. The City agrees: a) to use its best efforts to have the Artist’s name associated with the Artwork in photographs, drawings or other reproductions of the Artwork except where the Artwork is not the primary subject of the said reproduction. 23. Death or Incapacity of Artist The Artist and the City agree that: a) in the event of a death or incapacity of the Artist before the complete installation of the Artwork, the City shall be vested with title to the unfinished Artwork upon paying the Artist, their personal representatives, administrators, executors or executrix a sum in the direct proportion of the percent of the Artwork completed to that date as determined by the City and shall be permitted to complete the Artwork in a manner generally consistent with the original design of the Artist. 24. Mediation The Artist and the City agree: a) that all disputes pertaining to the interpretation or implementation of this Agreement shall be resolved first by good faith negotiation between the parties. In the event that a dispute cannot be resolved by negotiation between the parties, the parties agree to use the services of a mediator to attempt to resolve their differences and failing agreement on the procedure to be followed, it shall be conducted in accordance with the “Rules of Procedure for the Conduct of Mediation” of the ADR Institute of Ontario. In the event that the mediation does not result in a settlement of the dispute, any unresolved issues may be taken to any other appropriate dispute resolution process agreed to by the parties, including arbitration or an appropriate court process. Should arbitration be chosen, it will be conducted in accordance with the “Rules of Procedures for the Conduct of Arbitration” of the ADR Institute of Ontario pursuant to the Arbitrations Act. Any claim or action brought pursuant to this Agreement shall only be brought in the courts of the Province of Ontario. This Agreement forms the entire agreement between parties and no other representations either oral or written shall form part of this Agreement. The rights and remedies of the City under this Agreement are cumulative and in addition to any rights and remedies provided by law or equity. Letter of Understanding Public Artwork Agreement To the City at: The City of Pickering One the Esplanade Pickering , Ontario The City’s Representative for the purpose of this Agreement will be Krystal Roberts kroberts@pickering.ca To the Artist at: Geordie Lishman geordielishman@gmail.com geordielishman.com Or to such other address or person as the parties may designate to each other in writing. Letter of Understanding Public Artwork Agreement It is deemed that notice is received five (5) days after the mailing of any notice or upon delivery, if personally delivered. IN WITNESS WHEREOF the parties hereto have had this Letter of Understanding executed. Geordie Lishman Date Kevin Ashe, Mayor Date City of Pickering Susan Cassel, City Clerk Date City of Pickering Letter of Understanding Public Artwork Agreement GENERAL Schedule A: The Artwork (Artist’s Concept proposal document attached) Schedule B: Place of Installation Schedule C: Detailed Fabrication Schedule Attachment 1: Call to Artists (EOI) Attachment 2: Terms of Reference (RFP) Design Proposal SCHEDULE A The Artwork Pause Unique Moments Community Engagement Joy, Imagination & Beauty Radiate Celebration IMAGE 1 IMAGE 2 IMAGE 3 IMAGE 4 IMAGE 5 Artist comments and proposal -please wait for video to begin Gordon’s Guitar An interactive musical sculpture Gordon’s Guitar, an interactive musical sculpture, was conceived and created by local Artist Geordie Lishman. The sculpture elebrates Canadian Singer-Songwriter Gordon Lightfoot. The 12-string guitar represents Lightfoot's musicality and was used by him, during live performances. The butterfly is a symbol of his relationship to the Mariposa Folk Festival and his commitment to community. Gordon’s Guitar allows community to gather and play together using multiple senses. c Gordon’s Guitar Hand crafted Some laser cut elements Stainless steel Interactive musical elements No sharp edges Longevity, 100+ years Minimal care required power wash if needed ble concrete / raised base 6-12 months for installation Optional lighting elements Accessi Approximate location of sculpture Facing the road on a 45 degree angle City of Pickering -Gordon Lightfoot, Preliminary Budget, *incl. tx. Materials 9,000.00 Production/Fabrication 39,740.00 Transportation 1,250.00 Installation 1,500.00 Insurance 1,800.00 Shop Fees 1,750.00 Community Engagement 2,300.00 Administrative Costs 2,590.00 59,930.00 Payment Timeline: 1st payment (1/3 of total cost) on signed agreement 2nd payment (1/3) on completion of works 3rd payment (1/3) on installation Gordon’s Guitar An interactive musical sculpture Letter of Understanding Public Artwork Agreement SCHEDULE B Place of Installation Letter of Understanding Public Artwork Agreement SCHEDULE D Detailed Fabrication Schedule WORK PLAN The completion dates for each phase of the project as set out below shall be finalized upon final determination of the construction commencement date and prior to commencement of the Phase 2 services. Phase 1 – October 7, 2024 •Agreement signed by all parties •Proof of insurance and WSIB provided to the satisfaction of the City Phase 2 - To be completed by October 28, 2024 to the satisfaction the City (PAYMENT) •Preliminary Drawings of all components and connections •Preliminary fabrication schedule and Pricing Phase 3 - To be completed by November 11, 2024 to the satisfaction of the City •Final design and pricing This phase will include the following approvals by the client: •Preliminary engineer review •Design drawings, including all components and connections. Phase 4 - To be completed by November 29, 2024 to the satisfaction of the City (PAYMENT) •Completion of detail design. This phase will include the following approvals by the client: •Final sign-off of shop drawings for production •Shipping & installation plan completed, in cooperation with stakeholders and other relevant contractors, and to the satisfaction of the City. Letter of Understanding Public Artwork Agreement Phase 5 - To be completed by September 8, 2025 to the satisfaction of the City •Complete off-site fabrication of Artwork and all its components, to the satisfaction of the City. Allpermits and approvals acquired. Phase 6 – To be completed by September 25, 2025 to the satisfaction of the City (PAYMENT) •Complete on-site installation of the Artwork and all its components, to the satisfaction of the City. •Delivery of maintenance manual, including Photographic documentation, Artist statement, Biography •Attendance at the unveiling event in October, 2024. •Final acceptance of Artwork to the satisfaction of the City. 1 Call to Artists – Expression of Interest (EOI) Public Art Commission, Celebration of Gordon Lightfoot Deadline: January 8, 2024, at 4 pm EDT. Photo of Ernie L. Stroud Park located in the Steeple Hill Community in Pickering where the artwork will be located. Artist Opportunity The City of Pickering invites artists or artist teams to respond to this Call for Artists to create permanent outdoor public artwork in celebration of Gordon Lightfoot. The work is to be installed to be installed inside the Ernie L. Stroud Park located in the Steeple Hill Community in Pickering. Exact location to be determined through consultation between City Staff and community residents. As per the City of Pickering’s Public Art Policy (CUL 130) an artist is defined as the designer/creator of an artistic work and can include, but is not limited to, a professional artist, graphic designer, collaborative team, architect, or landscape designer. The total budget for the project, including artist fees, materials, and installation is $60,000 (including HST). The successful artist/ artist team will be selected through a two-stage process. One (1) artist/ artist team will be awarded the opportunity.* *This project and budget is subject to Council approval in 2024. 2 Site Background The City of Pickering resides on land within the Treaty and traditional territory of the Mississaugas of Scugog Island First Nation and Williams Treaties signatories of the Mississauga and Chippewa Nations. Gordon Lightfoot was an icon for Canadian music. Gordon Meredith Lightfoot Jr. (November 17, 1938 – May 1, 2023) was a Canadian singer-songwriter and guitarist who achieved international success in folk, folk-rock, and country music. He is credited with helping to define the folk-pop sound of the 1960s and 1970s. He has been referred to as Canada's greatest songwriter and his songs have been recorded by some of the world's most renowned musical artists. The Steeple Hill Community in Pickering was built in the late 1980’s and has streets named after Gordon Lightfoot songs in recognition of his talent. Project Brief The City of Pickering’s Cultural Strategic Plan (2014) outlines the City’s commitment to collaborate with the community to celebrate our cultural diversity, heritage, and the arts; to sustain our natural environment; to foster a creative economy; and to strengthen our vibrant neighborhoods. The artwork will be located inside the Ernie L. Stroud Park located in the Steeple Hill Community in Pickering. The exact location of the work as well as the chosen artist will be selected by the community through consultation. The City, Community Services will facilitate the introduction between the artist/team and the community as well as other project stakeholders. Detailed Terms of Reference will be provided to the shortlisted artist/ artists teams to help them prepare their concept. Budget $60,000 CAD including HST (maximum)*. This is the total amount available for all related expenses of this public art project including, but not limited to: artist fees, all applicable taxes, detailed renderings, materials, technical consultations, community consultation, and approvals or other expertise as required, fabrication, installation, insurance, equipment, travel to meetings and to the site, and an artist statement for completed work. *Subject to Council approval. The selected artist will enter into a written agreement with the City of Pickering following the approval of the acquisition of the public art outlined in the City’s Public Art Policy. This agreement will address the artist's obligations, which include, but are not limited to: • Materials• Timelines• Installation• Maintenance and/or conservation plans• Warranty• Copyright, Intellectual Property and Moral Rights• Payments to sub-contractors Selection Process Stage 1: Call to Artists – Expression of Interest (EOI) A public art jury comprised of practicing arts professionals and community members will be established for the evaluation of the Stage 1 submissions. EXPRESSION OF INTEREST (EOI) SUBMISSIONS Artists/ Artist teams are invited to respond to this EOI by submitting a single pdf document including: •CV: Professional resume (3-pages max). If submitting as a team, an individual resume should be submitted for each team member. •Artist statement: describe your interest in this project and share your experience in the field. You can submit a written document (1-page max) or record an audio or video message (MP3 or MP4 file, max 20 MB). •Portfolio of past work: Examples of relevant work. You may include multiple images per project on 1 page of a maximum to 10 projects (10-pages). Addtittle, year, scope, budget and a short description. •References: A list of at least two professional references familiar with your work and working methods. The list must include name, title, complete e-mailaddresses and telephone numbers. Submissions must be sent by email to:Subject: LastName_EOI:Lightfoot Deadline: January 5, 2023 at 4 pm EDT. sbarakov@pickering.ca If the submissions exceed 20 MB, artists should contact Stoyan Barakov, Coordinator, Public Art who will provide a link to an external file share program. Incomplete submissions or submissions received after the deadline will not be juried. 3 4 Stage 2: Request for Proposal (RFP) The Public Art Jury will review all submissions and identify a short-list based on artistic excellence and demonstrated or perceived ability to create and execute an innovative, engaging public artwork that is complementary to the overall design scheme and community context. The Jury will select a short-list of three (3) artists/artist teams for Stage 2 – Request for Proposal (RFP). Each of the three (3) artists/artist teams will be compensated $1,500 CAD plus HST for their time and the creation of concept for Stage 2. The short-listed artists will be notified by Week of January 8, 2024 and invited to participate to a community open house with the Steeple Hill Community. This alongside a detailed Terms of Reference will allow the shortlisted artists to submit a conceptual design proposal to the Public Art Jury and City of Pickering staff. As part of the process, short-listed artists must attend an in-person interview and present their proposals (online presentations may be accommodated) to the public art jury during the Month of February 2024. When evaluating specific artwork proposals, the Public Art Jury will consider the vision, mandate and objectives of the Public Art Program and the objectives listed in the Public Art Opportunity outlined on Page 1 of this Call to Artists. The Public Art Jury (as per section 07.02 of the City of Pickering Public Art Policy (CUL 130) will also consider the artist's: •Artistic excellence of previous work; •Ability to achieve the highest quality of contemporary artistic excellence andinnovation; •Professional qualifications and relevant working experience as related to the publicart project brief;•Ability to manage a project and experience working with a design team, projectteam and/or community group, as appropriate; •Potential to comprehend, access and interpret relevant technical requirements;and,•Interest in and understanding of the public art opportunity and the context. The proposals may be used by the city of Pickering in meetings with community groups, stakeholders and staff. 5 Anticipated Schedule It is expected that the commissioned artist(s) will comply with the project’s general timeline dates, as stated below: Date* Project Phase December 8 , 2023 Issue Call to Artists: EOI January 8, 2024 Call to Artists: EOI Submissions due Week of January 8, 2024 Shortlisted Artists notified Week of January 15, 2024 Community Open House Week of February 12, 2024 Conceptual Proposals due Week of February 19, 2024 Artist’s presentations March, 2024 Deadline to notify selected Artist April, 2024 Technical Review with project staff. This meeting will provide the selected Artist with further technical specifications and feedback on the submitted conceptual artwork from lead project staff from the City May, 2024 Project Contract signed and executed for project deliverables*. *Subject to Council approval of the project September 2024 Anticipated installation date *Schedule is subject to change 6 Accessibility The City will provide accommodations throughout the selection process to applicants with disabilities. Please notify Stoyan Barakov, Coordinator, Public Art at 289.200.7829 or sbarakov@pickering.ca of the nature of any accommodation(s) that you may require in respect of any materials or processes used to ensure your equal participation. Reserved Rights of the City of Pickering The City of Pickering, at its sole discretion, may request clarification or request additional information, as deemed necessary to evaluate the submissions. The City retains the sole discretion to determine whether a submission is responsive and if the prospective Artist or Artist Team is capable of performing the Work. The City reserves the right, at it sole discretion, to determine the number of pre-qualified Artists or Artist Teams. The City reserve the right to not proceed with awarding a contract. Publication of Information The City of Pickering shall have the exclusive rights to issue all public announcements regarding the competition. Additional Information For any additional information or questions please contact: Stoyan Barakov, Coordinator, Public Art at 289.200.7829 or sbarakov@pickering.ca. Terms of Reference Celebration of Gordon Lightfoot 1 April 18, 2024 Land Acknowledgment The City of Pickering resides on land within the Treaty and traditional territory of the Mississaugas of Scugog Island First Nation and Williams Treaties signatories of the Mississauga and Chippewa Nations. Pickering is also home to many Indigenous persons and communities who represent other diverse, distinct, and autonomous Indigenous nations. This acknowledgement reminds us of our responsibilities to our relationships with the First Peoples of Canada, and to the ancestral lands on which we learn, share, work, and live. Public Art in the City of Pickering The City of Pickering is committed to and supportive of the benefits of public art and recognizes that art in public spaces is a valuable asset that enhances the social/cultural, built heritage and natural environments. Through public art, we beautify our environment; engage the community in Creative Place-Making; and, celebrate our values, stories, culture, heritage, and diversity while defining our unique identity. Public Art enhances quality of life for citizens and visitors; and, strengthens community pride, tourism and economic growth. Project Description: Public Art Commission, Celebration of Gordon Lightfoot The City of Pickering’s Cultural Strategic Plan (2014) outlines the City’s commitment to collaborate with the community to celebrate our cultural diversity, heritage and the arts; to sustain our natural environment; to foster a creative economy; and to strengthen our vibrant neighbourhoods. The artwork will be situated within Ernie L. Stroud Park, located in the Steeple Hill Community in Pickering. The City will collaborate with the awarded artist or artist team to determine the precise location of the artwork and the necessary foundation. The current plan is to install the artwork in the grass area, surface-mounted on a concrete pad specifically constructed by the City for this purpose. Please refer to the photo below for reference: Terms of Reference Celebration of Gordon Lightfoot 2 This permanent public art piece is to be created by a professional artist/team. The work is to be highly durable and vandal resistant. Avoid using elements such as exposed lights or glass that can be easily damaged. When creating your proposal consider your dimensions carefully as the work should not act as a barrier to visibility and ensure there are no potential obstructions to the site and/or traffic. Please refrain from incorporating images and text that are vulgar, aligned with controversial themes, religious themes etc. About Gordon Lightfoot: Gordon Lightfoot was an icon for Canadian music. Gordon Meredith Lightfoot Jr. (November 17, 1938 – May 1, 2023) was a Canadian singer-songwriter and guitarist who achieved international success in folk, folk-rock, and country music. He is credited with helping to define the folk-pop sound of the 1960s and 1970s. He has been referred to as Canada's greatest songwriter and his songs have been recorded by some of the world's most renowned musical artists. Site History and Neighbourhood Context: The Steeple Hill Community in Pickering was built in the late 1980’s and has streets named after Gordon Lightfoot songs in recognition of his talent. These streets were created by Sandbury Building Corporation/Dekkema Developments. The Steeple Hill Neighborhood is located in the West end of Pickering. Specifically, it is situated between Kingston Road (South) and Sheppard Avenue (North), and Rosebank Road (West) and Whites Road (East). There are 3 plans of subdivisions in this area, and they were all developed and built between 1986-1988. Within the neighbourhood are six streets named after Gordon Lightfoot and his music: Terms of Reference Celebration of Gordon Lightfoot 3 1.Sundown Crescent is a reference to the song Sundown, the title track for GordonLightfoot’s 1974 Album, Sundown. 2.Cattail Court is a reference to the song Pussywillows, Cat-Tails from the 1968 album, DidShe Mention My Name? 3.Daylight Court is a reference to the song Daylight Katy, track 1 from Lightfoot’s 1978album, Endless Wire. 4.Edmund Drive is a reference to the song The Wreck of the Edmund Fitzgerald offLightfoot’s 1976 album, Summertime Dream. 5.Rainy Day Drive is a reference to the song Rainy Day People off Lightfoot’s 1975 album,Cold on the Shoulder. 6.Lightfoot Place is named after Gordon Lightfoot himself. Steeple Hill Dr Lightfoot Place Edmund Drive Rainy Day Drive Cattail Court Sundown Crescent Daylight Court Terms of Reference Celebration of Gordon Lightfoot 4 Artist Selection Process: Commission Per the City of Pickering Public Art Policy (CUL 130) section 09.01, a Public Art Jury must be established to evaluate artist proposals and artwork donations in accordance with the Artist Evaluation Criteria in Section 9.04 and Acquisition Criteria in Section 10.0 of this Policy. Additionally, as per the Purchasing Policy (PUR 010) Public Art Project purchases or Public Art projects with costs that exceed $25,000 are subject to Council approval. While the ultimate objective of the Public Art Jury is to reach an unanimous decision, members may be divided in their evaluations and as such, a Public Art Jury will consist of uneven numbers to enable a majority vote. The community will also have an opportunity to vote. Their vote will count as one and be added to the overall score. Appointees to a Public Art Jury may consist of: •A minimum of two resident members from the Cultural Advisory Committee. •A minimum of one professional artist or curator. •Stakeholders of the project. This may include program participants that are related to theproject, architects, designers or consultants associated with a project, community grouprepresentation, or other relevant representatives. •A minimum of 5 and maximum of 9 people on the Jury. These members can be stakeholders in the project and are not required to be residents. City Staff will not be voting members of the Jury. The Public Art Jury will: •Evaluate and select artwork, in accordance with the Artist Evaluation Criteria in Section 9.04and Acquisition Criteria in Section 10.0 of this Policy.•Advise on the development and implementation of selection, acquisition,maintenance, and deaccession of artistic works to which this Policy applies.•Advise and or review to the City, on proposed gifts, donations and bequests to theCity in accordance with established guidelines. •Review and put forward a recommendation to acquire for endorsement of the Cultural Advisory Committee to acquire the proposal with the best marks, or putforward for community consultation. The Jury will be subject to City policies to ensure fair and equitable treatment of all participants in the process and to ensure their recommendations are without bias. All decisions made by the Public Art Jury shall be endorsed by the Cultural Advisory Committee. Terms of Reference Celebration of Gordon Lightfoot 5 Artist Evaluation Criteria When evaluating specific artwork proposals, the Public Art Jury will consider the vision, mandate and objectives of the Public Art Policy and the specific aims in the project brief. The Public Art Jury (as per section 09.01) will also consider the artist’s: • artistic excellence of previous work; • ability to achieve the highest quality of contemporary artistic excellence and innovation; • professional qualifications and relevant working experience as related to the public art project brief; • ability to manage a project and experience working with a design team, project team and/or community group, as appropriate; • potential to comprehend, access and interpret relevant technical requirements; and, • interest in and understanding of the public art opportunity and the context. Selection Considerations Artwork being considered for acquisition regardless of the acquisition method should take into account the following: Community Relevance and Impact • Suitability for display in a public space • Reflects the City’s heritage, and/or history, culture and diversity, and/or natural elements and landscapes • Builds appreciation for public art Overall Quality and Authenticity • Originality of design • Intrigues viewers and stimulates imagination • Artist reputation, demonstrated and related experience • Condition of the artwork Location • Site suitability • Response to or complements the location’s uses and users Economic Value • Short and long term costs • Tourism potential Terms of Reference Celebration of Gordon Lightfoot 6 Installation Maintenance & Conservation • City’s ability to accommodate installation requirements • City’s ability to safely display, maintain and conserve the work • Long-term maintenance cost • Longevity of the artwork • Environmental impact Submission • Compliance with guidelines outline in the Public Art Policy and accompanying “Call to Artist” • Quality of the approach/work plan and methodology • Ability to meet budgetary estimates and timelines Additionally, the City will not purchase or display art that: • Violates any City policy; • Conveys a negative message that might be deemed prejudicial; • Promotes alcohol and other addictive substances; • Presents demeaning or derogatory portrayals of individuals or groups or contains anything, which in light of generally prevailing community standards, is likely to cause deep or widespread offence; and, • Is in direct competition with City of Pickering services, programs or initiatives. The finalist artist (artist team) will work closely with City Staff to refine their concept proposal to the requirements of the site and other conditions for project realization. Terms of Reference Celebration of Gordon Lightfoot 7 Overall Project Timeline Date* Project Phase December 8 , 2023 Issue Call to Artists: EOI January 8, 2024 Call to Artists: EOI Submissions due Week of January 18, 2024 Shortlisted Artists notified April 4, 2024 Community Meeting Week of April 15, 2024 Issue of Terms of References (RFP) May 20, 2024 Final Conceptual Presentation Proposals due May 25 and May 26, 2024 from 12 noon to 1 pm Artists presentations as part of Artfest Week of June 24, 2024 Deadline to notify selected Artist Week of June 24, 2024 Project Contract signed and executed for project deliverables*. *Subject to Council approval of the project July 2024 Technical Review with project staff. This meeting will provide the selected Artist with further technical specifications and feedback on the submitted conceptual artwork from lead project staff from the City July 2024 to April 2025 Fabrication of artwork May 2025 Anticipated installation date *Schedule is subject to change Terms of Reference Celebration of Gordon Lightfoot 8 Budget Budget: $60,000 CAD (maximum) including HST. This is the total amount available for all related expenses of this public art project including, but not limited to: artist fees, all applicable taxes, detailed renderings, materials, technical consultations and approvals or other expertise as required, fabrication, installation, insurance, equipment, travel to meetings and to the site, and an artist statement for completed work. The selected artist will enter into a written agreement with the City of Pickering following the approval of the acquisition of the public art. This agreement will address the artist's obligations, which include, but are not limited to: • Materials • Timelines • Installation • Maintenance and/or conservation plans • Warranty • Copyright, Intellectual Property and Moral Rights • Payments to sub-contractors Conceptual Design Considerations Please consider the following in developing your concept proposal: Feedback from Community Meeting: On April 4th, the Community Services department hosted a Community Meeting to introduce the overall project to residents and solicit input on the vision of the public art piece. The Curator, Public Art provided three boards showcasing examples of various types of public art: interactive, kinetic, and seating elements. Participants were asked to place a dot on the type of public art they would like to see as the project. The community expressed that while the project is named after Gordon Lightfoot, the artwork should not be a literal depiction of Gordon Lightfoot. The following findings should be considered by the artists when creating their artistic concept: • The community showed a higher interest in the kinetic artwork examples presented. o Key themes: movement, sound, natural elements, appeal to all ages, permanent art. • Interactive art came in a close second. o Key themes: musical instruments, playable art, appeal to all ages, permanent art. • Seating elements ranked third. o Key themes: rest, sitting, seat, appeal to all ages, permanent installation. Site Specific Parameters: The space allocated for the artwork is as shared above. • The work is to be highly durable. The material used to be resistant to damage caused by rocks, branches, and other vandalism. Terms of Reference Celebration of Gordon Lightfoot 9 • This is a public park so the above are readily available and could encourage vandals. For example, steering clear of an installation that utilizes exposed lights or glass will be important. When creating your proposal consider your dimensions carefully as the work should not act as a barrier to visibility and ensure there are no potential obstructions to the site and/or traffic. • Please refrain from incorporating images and text that are vulgar, aligned with controversial themes, religious themes etc. If the artwork has an overhead element, it should have a minimum clear height of 3m to permit people to pass underneath. • The work is envisioned to be installed, surface-mount, on a concrete base which is to be poured by the City. • The artist as part of their artwork submission is welcome to provide a design of the base for consideration to the City. Artwork Materials, Maintenance and Public Safety • Digital, multi-media and 2 dimensional artworks are not being considered for this project. • Artwork materials should be suitable for a lasting public, outdoor sculptural artwork. • Artwork that incorporates live plants, water source or fountain will not be considered. • Artwork that relies on digital projections or light fixtures will not be considered. • Materials selected can make a significant difference regarding the life span of a permanent artwork in an outdoor environment. However, material selection alone is not the only determining factor, quality of workmanship, fabrication, and design details all play a significant role in an artwork’s durability. • Materials recommended must be available locally and adhere to safety standards. • Artwork construction of any freestanding sculptural artwork must conform to the Ontario Building Code. Municipal codes and by-laws are available on the City of Pickering’s webpage: https://www.pickering.ca/en/city-hall/zoning-by-laws.aspx • All artwork components must be able to shed water (avoiding problems of water build up and infiltration), be durable and constructed of materials resistant to oxidation and corrosion. • Wintertime salt spray should be taken into account. • The artwork should be designed to minimize the potential for defacement, graffiti, vandalism, skateboarding, etc. Most materials will require an anti-graffiti coating. • The artwork must not have components that are sharp, easily climbable or encourage climbing. • The artwork must not interfere with site maintenance, including snow removal during winter months. • The artwork should not create a situation where a lack of visibility creates a security risk or perceived security risk. Terms of Reference Celebration of Gordon Lightfoot 10 Access and Views • The artwork must be designed to be barrier-free and accessible to maintenance staff, in all seasons. • The artwork shall be designed to be viewed from all sides and not be one sided. • The artwork should not interfere with pedestrian flow and traffic. • Artists (artist teams) should take into account that the site is a public space frequented by people of all ages. • Viewers of the artwork will be primarily users use the park, as well as passing pedestrians and residents of the area. All public art submissions must include a detailed manual from the artist outlining the maintenance and/or conservation plan. The selected artist will be required to submit drawings certified by a structural engineer licensed to operate in Ontario, at their own expense. Artist Proposal Requirements The shortlisted artists are invited to submit their conceptual design proposals, which they must present either virtually or in person. This presentation will take place during Artfest on Saturday, May 25th and Sunday, May 26th, from noon to 1 pm. Further details will be provided by the Curator, Public Art via email to each shortlisted artist or artist team. Shortlisted artists will receive a fee of $1,500.00 CAD (including HST) for their submission for a complete conceptual design proposal. Design proposals must include: • Written Project Description and Artist Statement. • Proposal concept sketches, renderings, design details, and a plan to show location. • Details on proposed materials and any other relevant information to explain the proposed project. • A preliminary budget outlining critical costs such as production/fabrication, professional fees, such as engineering drawings, etc., transportation and installation including proposed payment timeline. • Preliminary list of sub-contractors, fabricators, collaborators for the project • Preliminary Conservation or Maintenance Plan and projected maintenance costs for 25 years Deadline for submissions is May 20, 2024 at 4 pm, EDT. Email submissions to: sbarakov@pickering.ca Terms of Reference Celebration of Gordon Lightfoot 11 Post Competition Procedure Final Recommendation and Awarding of the Commission • Following the Artist’s presentation, the community will be able to vote on the concept they like best. This will happen during Artfest, May 25 and May 26. • The community vote will count as one and will be added when the Public Art Jury votes. • In addition, the Public Art Jury will also select one finalist artist (artist team) and make its recommendation to the City. • No appeals from artists (artist teams) are permitted. • The Public Art Jury may offer suggestions as to ways the design concept could be refined. • The Public Art Jury may elect not to choose a finalist artist (artist team). • No official winner of the competition may be made public until the agreement between the City of Pickering and the finalist artist (artist team) has been determined. Ownership, Use of the Artwork by the Finalist Artist (Artist Team) and Copyright Artwork acquired for the Public Art Collection shall become the property of the City of Pickering except those artworks subject to the parameters for Temporary Public Art as outlined in CUL 130 Public Art Policy. The City will respect the artist's right of authorship and the integrity of the public art. Except in very rare circumstances, the Artist(s) shall own all Intellectual Property in the work developed. Following best practice in North American Public Art Programs, they will not be asked to waive their Artist Moral Rights or assign their copyrights. Artist(s) will be asked to provide a royalty-free non-commercial license to the City of Pickering for images of their work in perpetuity. Artist(s) must attend the unveiling event and give a short speech regarding their work. Basic Conditions – Future Agreement(s) between the Finalist Artist (Artist Team) and City of Pickering The finalist artist (artist team) and the City of Pickering will enter into an Agreement, which will include the identification of the scope of work to be performed by the artist, payments and performance schedules to be followed. Terms of Reference Celebration of Gordon Lightfoot 12 Questions & Contact Artists may submit questions about any aspect of this competition by email to the following address: sbarakov@pickering.ca Stoyan Barakov Curator, Public Art Community Services M: 289.200.7829 T: 905.420.4660 ext.1097 sbarakov@pickering.ca