HomeMy WebLinkAboutCS 14-22
Report to Council
Report Number: CS 14-22
Date: June 27, 2022
From: Sarah Douglas-Murray
Director, Community Services
Subject: Seaton Fire Headquarters – Artist Selection
-Commission of Public Art
-File:A-1440-001
Recommendation:
1.That Council endorse that the commission of public art for Seaton Fire Headquarters be
awarded to Patrick Bermingham in the amount of $90,000 (HST included);
2.That Council authorize the Director, Finance & Treasurer to finance the net project cost of
$81,048 as follows:
a)the sum of $81,048 as provided for in the 2022 Fire Services Capital Budget be
financed by a transfer from the Public Art Reserve Fund;
b)the Treasurer be authorized to make any changes, adjustments, and revisions to
amounts, terms, conditions, or take any actions necessary in order to effect the
foregoing;
3.That the Mayor and the City Clerk be authorized to execute the Letter of Understanding
between Patrick Bermingham and the City, as set out in Attachment 4, 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 construction of Pickering’s new Seaton Fire Headquarters
provides the opportunity for Public Art, on the corner of Zents Drive and Brock Road, to act as
a gateway and marker to the Seaton Community. As outlined in this Report, the artist was
selected in accordance with Public Art Policy (CUL 130, Attachment 1).
The Public Art Policy (the Policy) outlines the criteria, processes and guidelines by which
public art is procured by staff at the City of Pickering. The Purchasing Policy (PUR 010)
outlines the criteria, processes and guidelines for the procurement of goods and services for
the City of Pickering.
Section 09.10 of the Purchasing Policy states that “Public Art Project purchases or Public Art
projects with costs that exceed $25,000 are subject to Council approval”. Therefore, the
purpose of this Report is to seek Council endorsement to proceed with the commission of
CS 14-22 June 27, 2022
Subject: Seaton Fire Headquarters – Artist Selection Page 2
public art for the Seaton Fire Headquarters Public Art Project at a cost of $81,048 (net of HST
rebate).
Financial Implications: Public Art for the Seaton Fire Headquarters is approved in the 2022
Capital Budget, was outlined in Report FIN 06-22 at the Council meeting of March 22, 2022
and is funded from the public art reserve ($95,000).
Discussion: The construction of Pickering’s new Seaton Fire Headquarters on the corner of
Zents Drive and Brock Road provided the an opportunity to feature Public Art. Accordingly, a
location was included as part of the project’s Site Plan approval process. As construction of the
Seaton Fire Headquarters is anticipated to be completed by late 2022, staff began the process
in early 2022 to select the artist as per the City’s Public Art Policy (CUL 130).
As per Section 08.01 of the Policy, an Expression of Interest was selected as the Method of
Acquisition. A two-stage process was employed in which Stage 1 would pre-qualify a short list
of three artists. The three selected artists would then be invited to submit a detailed project
proposal that was scored by the Public Art Jury to select the winning project.
A Call to Artists was issued on March 7, 2022 (Attachment 2). The Call to Artists was
advertised on the City of Pickering website, Akimbo, PineRidge Arts Council (PRAC)
newsletter, Community Services Distribution List, Creative Cities publication,
DurhamRegion.com, Preston Gallery (Uxbridge), Robert McLaughlin Gallery (Oshawa) and
through social media ads (Facebook and Instagram).
As per Section 07.02 of the Policy, a Public Art Jury must be established for each acquisition
of $25,000 and over in value. The Public Art Jury is to be organized on a case by case, and
project by project basis. The Public Art Jury evaluates the artist proposals in accordance with
the Artist Evaluation Criteria in Section 07.03 and Acquisition Criteria in Section 06.04 of the
Policy. A Public Art Jury was convened to judge the submissions based on criteria established
in the Public Art Policy.
Forty-six artists responded to the Call to Artists with an Expression of Interest. The Public Art
Jury met on April 21, 2022 to confirm the results of the scoring and select the top three artists
to move to the next stage. The Cultural Advisory Committee endorsed the top three artists, as
selected by the Public Art Jury, at their meeting on April 19, 2022.
The second stage proposals were received on May 27, 2022. Each artist presented their
concept to the Public Art Jury on June 9, 2022. The jury reviewed the judging criteria, scored
each proposal and ranked the top three finalists following the artist’s presentations. Based on
the ranking, Patrick Bermingham was recommended by the Public Art Jury as the artist to be
awarded the commission of public art for Seaton Fire Headquarters. The Public Art Jury
recommendation was endorsed by the Public Art Sub-committee of the Cultural Advisory
Committee on June 13, 2022 and by the Cultural Advisory Committee on June 14, 2022. The
conceptual design proposal is set out in Attachment 3.
CS 14-22 June 27, 2022
Subject: Seaton Fire Headquarters – Artist Selection Page 3
Patrick Bermingham is an Ontario-based artist and has a demonstrated portfolio of municipal
public art projects. This public art piece will be featured as part of the new Seaton Fire
Headquarters and is intended to reflect the rapidly developing community in Seaton, local
nature, and the collective experience of community by residents.
Staff request that Council endorse that the commission of public art for Seaton Fire Hall
Headquarters be awarded to Patrick Bermingham in the amount of $90,000 (HST included).
The Letter of Understanding (as set out in (Attachment 4) was drafted by Cultural Services
staff and reviewed by Legal Services and Finance. 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 Peter
Bermingham. Subject to Council’s approval of Report CS 14-22, the artist will begin fabrication
of the artwork which will be installed in April 2023.
Attachments:
1.Public Art Policy
2.Seaton Fire Headquarters – Call to Artists
3.Artist Conceptual Detailed Proposal
4.Agreement – Letter of Understanding
Prepared By: Approved/Endorsed By:
Original Signed By:Original Signed By:
Laura Gibbs Sarah Douglas-Murray
Manager, Cultural Services Director, Community Services
SDM:lg
Recommended for the consideration
of Pickering City Council
Original Signed By:
Marisa Carpino, M.A.
Chief Administrative Officer
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Procedure Title: Public Art Policy
Policy ·
Policy Number
CUL 130
Reference Date Originated (m/d/y)
November 25, 2019
Date Revised (m/d/y) Pages
Report #CS 36 -19
Resolution# 167/19
Approval: Chief Ad Point of Contact
Policy Objective
21
The City of Pickering is a vibrant community, rich in diversity, heritage, environment and the arts.
· As the City continues to grow and intensify, public art will play an integral role in creating an
inviting and livable City .
This Policy establishes the framework for a sustainable Public Art Program that will deliver public
art throughout the City that will :
• create attractiveness;
• promote community identity;
• reflect diversity and community landscape ;
• celebrate heritage;
• create a sense of place and attract interest;
• provide amusement, reflection and intrigue to a community, and ,
• be selected through an objective and professional public art selection process that has a
commitment to artistic merit.
The Public Art Policy and supporting Public Art Program will enhance the public realm,
demonstrate the City's support for the arts and culture sector, and provide economic benefits .
. Index
01 Definitions
02 Guiding Documents & Policy Context
03 Policy Statement
04 Purpose and Objectives
05 Administration
06 City Representation
Attachment #1 to Report CS 14-22
07 Selection Process
08 Acquisition
09 Selection Considerations
10 Site Selection
11 Collections Management
12 Maintenance & Conservation
13 Insurance
14 Storage
15 Agreements & Installation
16 Deaccession & Disposal
17 Copyright and Intellectual Property
18 Artist Remuneration
19 Community Engagement & Awareness
20 Pickering Public Art Interactive Map
21 Public Art Development by the Private Sector
22 Funding
01 Definitions
01.01 Accession -the act of recording and processing artwork to the City's Public Art
Collection.
01.02 Acquisition -obtaining ownership of public art through purchase, commission, donation,
gift or bequest.
01.03 Archiving -the act of long-term storage and preservation of public art in a location owned
by the City of Pickering. Archiving of public art may include storage and preservation of
the original art piece, or a photographic/digital record of the original art piece.
01.04 Artist -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.
01.05 Borrowed -refers to an artistic work that is borrowed by the City, through a loan
agreement, for a defined period of time from a lender who owns and retains ownership of
the artistic work.
Policy Title: Public Art Policy Page 2 of 21
Policy Number: CUL 130
01.06 Call to Artists -a request for proposal that outlines the scope of the Public Art that the
City wishes to acquire. The Call to Artists will outline aspects such as project theme,
timeline, compensation, and location.
01.07 Commissioning -the act of requesting and paying an artist to design and create a
specific piece of art.
01.08 Community Art-artistic work created collaboratively between an artist and an identified
community. Community members actively participate in the creation of the artistic work.
The artistic process is of equal importance to the artistic product.
01.09 Community-Based Public Art-created as a result of a collaborative process between
community members; which may or may not include the use of a professional, practicing
artist, engaged in a collective method of art making.
01.10 Conservation -the maintenance and preservation of works of art and their protection
from future damage and deterioration.
01.11 Copyright-the exclusive legal right to produce or reproduce, publish, print, sell, or
distribute the matter and form of something or any substantial part thereof, such as
literary, musical, or artistic works (e.g., drawings, paintings, photographs and sculptures).
01.12 Creative Place-Making -a practice where people are inspired collectively and
collaboratively to reimagine, reinvent, and shape public spaces to maximize the shared
value, as the heart of the community.
01.13 Deaccession -the act of permanently removing, relocating to another jurisdiction, or
disposal of artwork from the City's Public Art Collection.
01.14 Intellectual Property -the legal right to ideas, inventions and creations in the industrial,
scientific, literary and artistic fields.
01.15 Moral Rights -the artist has the right to the integrity of the work and the right, where
reasonable in the circumstances, to be associated with the work as its author by name or
under a pseudonym and the right to remain anonymous. Moral rights are non-transferable
and endure even after copyright has been assigned.
01.16 Municipally Owned Public Space -includes but is not limited to parks, road allowances,
tunnels, boulevards, streets, courtyards, squares and bridges, as well as building
exteriors, foyers, concourses, and significant interior public areas of municipal buildings.
01.17 Permanent Public Art-an original artwork which is situated at a particular site for longer
than one year.
01.18 Public Art -art developed and designed by a professional artist that is displayed on
municipally-owned public space. Public art may include, but is not limited to:
• sculptures;
• murals;
• memorials or monuments;
Policy Title: Public Art Policy Page 3 of 21
Policy Number: CUL 130
• fountains or water features that contribute aesthetically to their surroundings (not
splash pads);
• hard and soft landscaping components; which are not a mere extension of the
landscape/architecture;
• architectural components, specialized lighting; and
• Community art projects related to neighbourhood beautification.
01.19 Public Art Committee -is responsible for working with Community Services staff to
provide advice and expertise; build public awareness and support for public art; and,
identify eligible Public Art Jury members, when required.
01.20 Public Art Jury -is a group of residents, professionals and staff selected who evaluate
artist proposals in accordance with the Artist Evaluation Criteria and Acquisition Criteria.
The Public Art Jury is responsible to narrow down selections for acquisition.
01.21 Professional Artist-a person who is critically recognized as an artist, they possess skill,
training and/or experience in an artistic discipline, is active in and committed to their art
practice, and has a history of public presentation.
01.22 Public Space -space available for use by the public that includes, but it is not limited to,
parks, boulevards, trail systems, open spaces, waterways, roads, bridges, gateways,
streetscapes, civic squares, interior and exterior public areas associated with buildings, or
structures owned, operated, occupied or used by or for the City.
01.23 Restoration -the repair or renovation of artworks that have sustained injury or decay to
something approaching their original undamaged appearance.
01.24 Signage -any medium used to convey information by way of words, pictures, graphics,
emblems or symbols, or any device used for the purpose of providing direction or
information, identification, advertisement business promotion or the promotion of a product
activity, service, or idea.
01.25 Transitory Public Art -an original artwork that are temporary, which could include a
variety of mediums and can incorporate experimental public art projects.
02 Guiding Documents & Policy Context
02.01 The City of Pickering Cultural Strategic Plan (2014) sets a vision for arts, culture and
heritage in the City; and, identifies strategic directions for policy and programs. One of the
Plan's strategic directions is to cultivate opportunities for the creation, education and
enjoyment of the arts, including:
• developing and implementing a Public Art Policy, program, and funding formula;
• using art to enhance public spaces, particularly within the City Centre;
• assigning a one percent contribution to public art from the capital budgets of applicable
new or renovated facility and park projects; and,
• establishing a Public Art Reserve Fund.
Policy Title: Public Art Policy Page 4.of 21
Policy Number: CUL 130
02.02 The City of Pickering Official Plan acknowledges that the quality of the built environment
can be enhanced by promoting the integration of art in public places. Specifically, the
Official Plan:
• promotes art in publicly-accessible and visible locations such as parks, prominent
street corners, plazas and on buildings;
• encourages public art in a broad range of media, themes and formats in order to
engage the observer, foster civic identity and promote social interaction; and,
• considers integrating public art in the early stages of the design and planning of
developments.
02.03 The City Centre Urban Design Guidelines encourage permanent and transitory/temporary
artworks to promote a sense of identity for the City Centre.
02.04 The Seaton Sustainable Place-Making Guidelines recognize that public art should be
highly visible and serve as accents to the community by encouraging public art to be
located at community core gateways.
03 Policy Statement
03.01 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. The commission and acquisition of Public Art is exempt from the City's
Purchasing Policy and must therefore be conducted in accordance with the processes
outlined in this Policy.
04 Purpose and Objectives
04.01 The purpose of the Public Art Policy is to:
i. Establish, for the City, a standardized and transparent process for the selection,
acquisition, maintenance and deaccession of Public Art; and,
ii. Provide, for the City, a sustainable funding model for the management of Public Art.
04.02 The framework for a Public Art Program established in this Policy is intended to provide a
standardized and transparent structure for these processes to include:
• long-term planning;
• establishing a funding framework;
• creating an administrative structure;
• identifying opportunities for public art;
• initiating completions and a selection process;
• implementing and/or assisting with public art projects; and,
• ongoing maintenance, management, deaccession and disposal of the public art
collection.
Policy Title: Public Art Policy Page 5 of 21
Policy Number: CUL 130
04.03 The Public Art Policy applies to temporary and permanent installations, including
community art. The City may authorize public art that it does not own, to be placed on
municipally owned public space through an agreement between the City and the owner of
public art.
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; or,
• is in direct competition with City of Pickering services, programs or initiatives.
05 Administration
05.01 The Public Art Policy and Program will be administered by City of Pickering Community
Services staff in collaboration with City Development staff, the Public Art Committee, the
Public Art Jury, and the Council of the City of Pickering.
05.02 Any member involved in the administration of the Public Art Policy and Program shall
declare a conflict of interest, pecuniary or otherwise, and remove themselves in all cases
from a juried selection process or any decision regarding the acquisition of public art in
which they are involved either directly or indirectly.
06 City Representation
06.01 Council
The Council of the City of Pickering is responsible to:
• approve and uphold the Public Art Policy and any amendments;
• approve annual Public Art funding and expenditures in the Capital and Current
Budget; and,
• act as an advocate for art in Public Spaces, and Private Developments in the City.
06.02 Chief Administrative Officer
Chief Administrative Officer (CAO) to:
• approve and uphold the Public Art policy, along with any amendments;
• approve any changes to the Public Art policy, as needed;
• act as an advocate for Public Art in Public Spaces, and private developments; and,
• support Public Art budget through the budget process.
Policy Title: Public Art Policy Page 6 of 21
Policy Number: CUL 130
06.03 Director, Community Services
Director Community Services to:
• uphold the Public Art Policy, along with any amendments;
• recommend any changes to the Public Art Policy, as needed; and,
• recommend the Public Art budget annually via the Community Services Department
Capital and/or Current Budget.
06.04 Community Services Staff
The Community Services Department has the primary responsibility for administering the
Public Art Policy and Program, and will work in cooperation with all other City departments
to ensure its appropriate implementation. The City Development and Engineering
Services Departments have a supporting role in implementing the Public Art Policy and
Program.
Community Services Department staff are responsible to:
• oversee and implement the management, development, monitoring and evaluation of
the Public Art Policy and Program;
• manage the Public Art collection including acquisitions, maintenance, conservation,
research, interpretation and deaccessions;
• develop standards and procedures to ensure consistent implementation of the Public
Art Policy and Program,
• identify, approve appointments and establish the Public Art Committee;
• work with the Public Art Committee to identify Public Art priorities, locations and
initiatives (i.e. Public Art Work Plan);
• facilitate regular Public Art Committee meetings, circulating information, providing
guidance and arrange for the recording of minutes;
• facilitate Public Art Jury meetings, circulating information, providing guidance and
arrange for the recording of minutes, as may be required;
• develop "call to artists" and coordinate the selection process;
• establish artist selection processes,-manage artist contracts, and compensation;
• liaise with selected artists to oversee installation and develop agreements;
• develop promotional and marketing initiatives to community Public Art activities;
• establish, maintain and promote the Public Art public inventory;
• identify, prepare, and incorporate amendments to the Public Art Policy and Program
that do not have a financial impact, with approval from the CAO;
• advise Council, staff and residents on the Public Art Policy and related initiatives;
• develop the Public Art budget through the City's annual budget process; and,
investigate Federal, Provincial, or other sources of funding to promote and support
the development of Public Art in the City.
Policy Title: Public Art Policy Page 7 of 21
Policy Number: CUL 130
06.05 City Development Department
City Development staff to:
• work with Community Services Department staff to identify appropriate locations for
public art;
• ensure public art is considered in the planning of new communities, development of
·community design guidelines, and design of corporate and community facilities; and,
• encourage and secure public art through the review and approval of development
applications.
06.06 Engineering Services Department
Engineering Services staff to:
• work with Community Services and City Development staff to ensure the safe and
proper installation of public art on City owned property;
• incorporate public art into parks, landscaping, and streetscapes; and,
• ensure site lines are maintained in locating and positioning of public art on City
owned and private property.
06.07 An inter-department Public Art planning team will be established to work in conjunction
with the Public Art Committee for selection of artistic works and ongoing long-term Public
Art planning, including site selection, restorations, conservation and maintenance. This
planning team will include staff representatives from:
• Community Services;
• City Development; and,
• Engineering Services.
06.08 The Interdepartmental Public Art Planning team may also be comprised of the following,
as appropriate:
• City of Pickering Library staff;
• City of Pickering Heritage Planner; and,
• Representatives (e.g. department heads) from other City of Pickering departments
that may be impacted by the location of a public art project.
07 Selection Process
07.01 Public Art Committee
The Public Art Committee will be a standing sub-committee of the City's Cultural Advisory
Committee. The Public Art Committee shall be comprised of seven members from the
community selected by the Cultural Advisory Committee. Three members will be from the
Cultural Advisory Committee itself. The other four members will not be members of the
Cultural Advisory Committee, but will have professional experience related to at least one
Policy Title: Public Art Policy Page 8 of 21
Policy Number: CUL 130
of the following disciplines; urban planning or development, landscape architecture,
architecture, visual, literary or performing arts, art history, art administration or education,
curation, visual arts consulting, civil engineering, art review/writing, or heritage research
and planning. All members of the Public Art Committee shall be residents of Pickering
and will demonstrate a significant knowledge of arts and culture.
The Public Art Committee will:
i. Advise on the implementation of the Public Art Policy through the Cultural Advisory
Committee.
ii. Review proposed project scope and terms of reference for each new Public Art
project.
iii. Evaluate and select artwork, under $25,000 in value, in accordance with the Artist
Evaluation Criteria in Section 7.3 and Acquisition Criteria in Section 6.0 of this
Policy.
iv. Ensure application of established procedures and guidelines for each selection
process.
v. Advise and promote communication and outreach of this Policy to the community.
vi. Advise on the development and implementation of selection, acquisition,
maintenance, and deaccession of artistic works to which this Policy applies.
vii. Advise and recommend to the City, through the Cultural Advisory Committee, on
proposed gifts, donations and bequests to the City in accordance with established
guidelines.
viii. Review the results of the Public Art Jury, and put forward a recommendation to
acquire for endorsement of the Cultural Advisory Committee to acquire the proposal
with the best marks, or put forward for community consultation.
The Committee 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.
Specifically, 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.
All decisions made by the Public Art Committee shall be endorsed by the Cultural Advisory
Committee.
07.02 Public Art Jury
A Public Art Jury must be established for each acquisition of $25,000 and over in value,
and may also be established for works of a lesser amount at the discretion of the Public
Art Committee. The Public Art Jury will be organized on a case by case, and project by
project basis.
Policy Title: Public Art Policy Page 9 of 21
Policy Number: CUL 130
The Public Art Jury will evaluate artist proposals in accordance with the Artist Evaluation
Criteria in Section 07.03 and Acquisition Criteria in Section 06.04 of this Policy. The Public
Art Jury is responsible to narrow down selections for acquisition and present the three top
ranked proposals to the Public Art Committee, for final recommendation to the Cultural
Advisory Committee. Dependant on the impact the public art will have on the community,
the three top-ranked proposals may be presented for community consultation.
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 composition, duration and terms of reference for any Public Art Jury will be dependent
on the nature of the Public Art project. Appointees to a Public Art Jury may consist of:
• Three City staff which may include representatives (e.g. department heads, Heritage
Planner, Library) from other City of Pickering departments, as appropriate, that may
be impacted by the location, or subject matter of a Public Art project.
• Three resident members from the Public Art Committee.
• Two professional artists that are not residents of the City of Pickering.
• One professional architect that is not a resident of the City of Pickering.
In certain circumstances, members of a Public Art Jury with external expertise (e.g.
professional architect or professional artist) may be compensated for their time on the
Public Art Jury.
07.03 Artist Evaluation Criteria
When evaluating specific artwork proposals, the Public Art Jury will consider the vision,
mandate and objectives of the Public Art Program and the specific aims in the project
brief. The Public Art Jury (as per section 07.02) 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.
07.04 Exhibitions
The City of Pickering will host exhibitions of art in community facilities by:
• professional artists whose work is relevant to the community;
• Pickering artists, or artists whose work is Pickering based;
• artists that are members of a Pickering-based arts organization; and,
Policy Title: Public Art Policy Page 10 of 21
Policy Number: CUL 130
• City staff or their immediate family members.
The City of Pickering will create and facilitate opportunities for local businesses to display
public art and/or undertake temporary art exhibitions.
The content of art exhibitions is at the discretion of Community Services staff and must be
suitable for viewing by all ages.
07.05 Artist in Residence
The City of Pickering will provide opportunities for an Artist in Residence program,
provided that:
• funding exists through a grant or approved budget;
• the residency is of mutual benefit to the City and the Artist(s);
• a portion of the works created will remain in the City Collection; and,
• artists are properly compensated for their work, space and accommodation.
An Artist in Residence will work in partnership with the City and interested external
organizations, and agencies.
08 Acquisition
The City may acquire works of art through purchase, commissioning, donation, or creation
of community arts projects. All works to be purchased, commissioned or donated will be
subject to the terms and conditions of the Public Art Policy and incorporated into the Public
Art Inventory.
08.01 Purchase or Commission of Art
The process for purchasing and commissioning art will be fair and transparent and will be
in accordance with the City's Purchasing Policy.
Depending on the nature of the artwork, it may be secured through:
• The issuance of an Open Call. This type of competition is the preferred method which
sees a "Call to Artists" developed and issued. A "Call to Artists" can be geared
towards local, provincial, national and/or international artists, and/or art collectives and
includes specific guidelines, criteria and eligibility based upon each Public Art Initiative
identified by Cultural Services staff. A RFQ may be used to pre-qualify artists for
general or specific public art projects. When an open call public art competition results
in two equally weighted proposals, consideration will be given to the local/Canadian
submission.
• Request for Proposal (RFP) competition occurs when a select group of artists and/or
collectives are invited to submit a proposal for consideration towards a specific Public
Art initiative. The applicants must adhere to the guidelines and criteria established by
the City of Pickering.
Policy Title: Public Art Policy Page 11 of 21
Policy Number: CUL 130
• Direct Invitation/Commission or Purchase (Single/Sole-Source) occurs when a single
artist is identified to complete a Public Art project, or when and existing piece of Public
Art is purchased. In the instance of the purchase of an existing piece of art, an
appraiser or outside expert maybe called in to determine authenticity.
For large commissions in public spaces, the Public Art Committee may choose to provide
the three top-ranked Public Art Jury selections for Community comment prior to finalizing
the selection process.
08.02 Donations
On occasion, the City may be offered donated works of art in the form of a bequest or a
gift. When public art is acquired through donation, in accordance with the criteria
established in the Income Tax Act (Canada), the City of Pickering may issue a tax receipt
to the donor. The donor is responsible for meeting Government of Canada criteria to
receive an income tax credit for the artwork. Independent appraisal costs will be the
responsibility of the donor.
Donated art must follow the City's Financial Control Policy FIN-030 and be subject to an
evaluation process based on the City's donation criteria outlined below:
• information about the artwork including photographs of the artwork (if existing) or
illustrations (if proposed);
• maintenance and conservation plan, including the condition of the work and any
repairs needed;
• site installation requirements of the artwork;
• projected budget for installation and ongoing maintenance of the artwork;
• legal proof of the donor's authority to donate the work; and,
• where appropriate an appraiser or outside expert maybe called in to determine
authenticity or value.
All donations of existing artworks will be subject to a review process by Community
Services staff in collaboration with the Public Art Committee. All donations should be
unencumbered, free and clear of conditions and restriction imposed by the donors.
Donations will be evaluated against the selection criteria in 07.01 and 07.03. The City is
not required to accept donations of Public Art that are offered.
Donated art will also include a funding donation for the transfer, installation, maintenance,
conservation, restoration of the work being donated, the amount of which will be
negotiated as part of the acceptance agreement. Additionally, City staff are responsible
for conducting a feasibility analysis, which outlines aspects such as the benefits of the
acquisition, and short and long term costs.
The individuals or organizations proposing to donate artwork will be notified of the City's
decision to accept or decline the donation. If accepted, the individual and/or organization
shall acknowledge that donated art cannot be returned. Accepted donations of public art
will be documented, a release form signed by both the City and the donor, and the artwork
insured at time of acquisition. Any documents pertaining to ownership of the donation
must be transferred to the City and filed by City staff accordingly. Once accepted, the
Policy Title: Public Art Policy Page 12 of 21
Policy Number: CUL 130
donation may be stored, exhibited, loaned, deaccessioned or disposed of at the discretion
of the City.
Donation of funding from the public or private sector for the City's Public Art program will
be added to the Public Art Reserve Fund.
08.03 Transitory/Temporary Public Art
The City may secure on a temporary basis, through loan or lease, works of public art for
display in public spaces. All artworks to be displayed in public spaces will be evaluated in
accordance with the Artist Evaluation Criteria in Section 07.03 and Acquisition Criteria in
Section 08 of this Policy.
Temporary installations of artwork will be documented, and included in the City's inventory
of public art exhibitions; listing the dates of display, and a project/artist statement.
08.04 Community Art Projects
The Cultural Services Section will receive applications for community art projects; which
may include requests for funding of up to $10,000 for any individual project. The Cultural
Services Section will determine whether a community art project should proceed and/or be
funded. The goal of these community art projects is to create artwork that is accessible to
a large public, not simply because it has been placed in a public space or because of its
content, but through the engagement of community members in defining and shaping their
environment. Community Art projects must include use of amateur and/or professional
practicing artists, and gain the support of the Public Art Committee, and Cultural Advisory
Committee. Community murals and tree carvings are examples of community art projects.
08.05 Public Art Exclusions
Examples of Public Art excluded under the scope of this policy are:
i. directional elements such as super graphics, signage or colour coding, except
where these elements are an integral part of the original work of art or public art
project;
ii. art objects which are mass-produced of standard design such as playground
equipment or statuary objects;
iii. landscape architecture and landscape gardening, except where these elements are
in integral part of the original work of art, or are the result of collaboration among
design professional including at least one artist; and,
iv. easily moveable artworks such as paintings, drawings, models and .books.
09 Selection Considerations
Artwork being considered for acquisition regardless of the acquisition method should take
into account the following:
Policy Title: Public Art Policy Page 13 of 21
Policy Number: CUL 130
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
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.
10 Site Selection
The selection of sites for public art shall be made by City staff with staff considering
comments and or suggestions from the Public Art Committee and the Cultural Advisory
Committee, using the following criteria:
• potential visibility of public art;
• distribution of projects across the City;
• implementation potential;
• public benefit;
• geographic justification;
• quality, scale and character of the public art are suitable for the location and
audience;
• environmental conditions, site servicing and safety; and,
Policy Title: Public Art Policy Page 14 of 21
Policy Number: CUL 130
• does not interfere with existing or proposed artwork, buildings or structures in
vicinity.
Public art may be installed in the following areas, as required and as pieces become
available:
• public areas in municipally owned facilities, community centres and libraries
(interior and exterior spaces); and,
• Parks and Public Spaces. ·
For the installation of public art, the City, in consultation with the Public Art Committee,
may also identify key priority areas such as the waterfront, City Centre and transit
corridors; and/or key themes such as culture, heritage, agriculture and environment.
10.01 On Lands Owned by the City of Pickering
Installation of public art is encouraged in public spaces and parks owned by the City of
Pickering; and in public areas of City of Pickering owned office buildings, community
centres, and libraries.
Proposals for public art installations by the private sector or other public agencies on
infrastructure (e.g. roads, bridges, buildings, etc.) or land owned by the City of Pickering
that were not commissioned through the Public Art Program must adhere to the City of
Pickering Public Art Policy and all other relevant City policies, by-laws, standards, and
procedures.
Proponents of public art proposals are required to pre-consult with Community Services
staff, City Development staff and Public Art Committee; and, to present to the Council of
the City of Pickering. Proponents will also be subject to entering into a license agreement
with the City of Pickering regarding matters such as maintenance and the continued use
of public property.
10.02 On Lands Owned by Other Levels of Government and Public Agencies
10.02.1 Consultation with the City of Pickering
Public agencies that propose public art as part of a redevelopment or new
development, are required to pre-consult with Community Services staff, City
Development staff, and the Public Art Committee; and to present to the Council
of the City of Pickering.
10.02.2 On Lands Owned by the Region of Durham
Installations of public art initiated or approved by the City of Pickering on
infrastructure (e.g. roads, bridges, buildings, etc.) owned by the Region of
Durham will be subject to entering into an agreement with the Region of
Durham.
Policy Title: Public Art Policy Page 15 of 21
Policy Number: CUL 130
10.03 On Private Lands
The City actively encourages the private sector to include public art in development
projects to elevate and improve the public realm. Proponents of public art proposals are
required to pre-consult with Community Services staff, City Development staff, and the
Public Art Committee; and, to present to the Council of the City of Pickering. Direction on
options for private sector contributions to public art are provided in Section 21 of this
Policy.
11 Collections Management
11.01 The City has the authority to determine the length of time a work of public art will be
displayed in Public Spaces. The City shall 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.
11.02 Accessioning/Registry/Inventory:
• The City shall document all works in the Public Art Collection and maintain a
registry/inventory of the Public Art Collection; which shall be made available to the
public.
• Temporary public art shall not be registered into the Public Art Collection and shall
not be part of the maintenance and conservation program. ·
• Temporary works will be added into the Inventory of Public Art Exhibitions.
Temporary exhibitions will be photographed and documented (artist/project
statement).
12 Maintenance & Conservation
12.01 It is the responsibility of the City to maintain all permanent works of art within the Public
Art Collection in accordance with the approved maintenance plan and/or conservation
plan required for each piece.
12.02 All public art submissions must include a detailed manual from the artist outlining the
maintenance and/or conservation plan. The plans will include, but are not be limited to: a
maintenance dossier; shop drawings; manufacturers' lists; key contacts, including the
artist; maintenance and/or conservation specifications; and, budgets.
12.03 City staff will monitor the existing inventory for maintenance requirements. The City may
choose to retain a qualified professional to undertake the inspection, if deemed necessary.
13 Insurance
13.01 All artistic works owned by the City through purchase, commission and/or donation are the
property of the City of Pickering and are insured under the City's Insurance Policy.
Policy Title: Public Art Policy Page 16 of 21
Policy Number: CUL 130
13.02 For all Borrowed Public Art, the Artist will submit proof, satisfactory to the City, of
insurance coverage for the artistic work, and a waiver freeing the City from liability in case
of accidental loss, theft, damage or vandalism. In addition, the Artist will submit a
complete list of displayed artistic work(s); which will include the title(s), dimensions,
medium/media and appraised value(s).
14 Storage
14.01 When storage of Public Art, whethe·r short-term or long-term, is required, the City will
ensure that such storage meets appropriate museum standards. Whenever possible,
existing City and community resources will be used for the storage and management of
the City's Owned Public Art.
15 Agreements & Installation
15.01 The 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
• Time lines
• Installation
• Maintenance and/or conservation plans
• Warranty
• Copyright, Intellectual Property and Moral Rights
• Payments to sub-contractors
15.02 The Artist is generally responsible for the installation of all artworks that the City has
acquired. All contractual requirements with the Artist(s) will be overseen by the City and
identified, in advance, through the agreement of purchase, commission or donation. The
condition of all acquired art works will be reported upon receipt, and any problems found
will be referred to the artist for resolution .
.15.03 The City has the authority to determine the length of time a work of public art will be
displayed in Public Spaces. The City shall 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 a.rtist's and/or donor's consent.
16 Deaccession & Disposal
16.01 The City may deaccession and/or dispose of Public Art when necessary. All reasonable
efforts will first be made to resolve problems or re-site the Public Art, in consultation with
the Artist and/or donor, where appropriate. Public art may be deaccessioned and/or
disposed of under any of the following situations:
• endangerment of public safety;
• excessive repair or maintenance;
• irreparable damage;
Policy Title: Public Art Policy Page 17 of 21
Policy Number: CUL 130
• inaccessibility;
• site redevelopment;
• art is no longer relevant ;
• works that endanger public safety;
• possibility of upgrading through exchange;
• no appropriate location for exhibition of work;
• copies, forgery or reproductions lacking authe·nticity or archival value;
• the public art is no longer relevant to the City's Public Art Collection, or
• the public art is discovered to have been stolen, or was offered to the City for
acquisition using fraudulent means.
16.02 The City of Pickering will be responsible for preparing a report providing the justification for
recommending deaccessioning of the artwork for the Public Art Committee, to be
endorsed by the Cultural Advisory Committee and received as correspondence by
Council, as appropriate.
16.03 In the event of accidental loss, theft or vandalism, the City retains the right to determine
whether replacement or deaccessioning of the artwork is appropriate.
16.04 No artistic work will be deaccessioned and disposed of without consultation with the Public
Art Committee. Recommendations to the Public Art Committee regarding the need for a
method of deaccession will be made by Cultural Services Staff. The deaccessioned art
may be moved, sold, returned to the artist or destroyed, with any monies received through
the sale of the artwork being placed in the Public Art Reserve Fund.
17 Copyright and Intellectual Property
17 .01 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 Section 08.03.
17.02 The City will respect the artist's right of authorship and the integrity of the public art.
17.03 Copyright of the artwork shall remain with the Artist unless the City has acquired the
copyright in full from the Artist or has an agreement in writing for limited usage.
17.04 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.
17.05 In cases where the artist is not contracted directly to the City, but is a sub-contractor (e.g ..
for integrated artworks or artist on a design team) or for developer-provision of public art,
the City shall stipulate that the contract must include terms related to intellectual property
rights, ownership, and maintenance obligations, as appropriate.
Policy Title: Public Art Policy Page 18 of 21
Policy Number: CUL 130
18 Artist Remuneration
18.01 Artists shall be fairly compensated for their time and work. Compensation shall be
determined on a case by case basis.
18.02 Artist Contract Terms -In creating standard agreements with artists, it is important to note
artist moral rights and to take into consideration practices in the arts sector, which differ
from other professional service providers or suppliers. When the City of Pickering
contracts an artist for a commission, the artist agreement will include, but not be limited to
the following:
• scope of work (may be design services only; or design, fabricate and/or install);
• City's and artist's obligations, appropriately apportioning risk and responsibility;
• timelines;
• ownership, maintenance, and conservation obligations;
• intellectual Property, Copyright, and Artist Moral Rights;
• artist recognition;
• warranty and insurance (as appropriate); and,
• payment schedule.
19 Community Engagement & Awareness
19.01 The City will be responsible for ensuring there is an opportunity for community input and
involvement in public art and expanding the level of knowledge of the City's Public Art
Collection in the community.
19.02 City staff will be responsible for ensuring the community is aware of any public art
installations or deaccessioning in public spaces. When appropriate, the community will be
asked to comment on the selection of a commissioned work or official unveilings will be
undertaken in order to allow residents to take part in celebrating new additions fo the
Public Art Collection.
20 Pickering Public Art Interactive Map
20.01 The City of Pickering shall develop and maintain an interactive online public map that
identifies the location of public art pieces and provides a photograph and information, such
as a description of the public art piece, installation date and artist name. If available, the
City will also include information from the artist including web links, artist biography, artist
statement and video footage of the artist discussing their work.
20.02 This information will also be held within the Public Art Inventory; which will be maintained
by the Community Services Department.
Policy Title: Public Art Policy Page 19 of 21
Policy Number: CUL 130
21 Public Art Development by the Private Sector
21.01 The City actively encourages private sector applicants to include public art in development
projects through the Site Plan application process. The provision of public art will be
secured through a Site Plan Control Agreement that will be registered against the title of
the lands.
21.02 Options for private sector contributions to public art are:
• On-site Contribution: This is where the applicant incorporates the public art within the
development limits. In addition to the requirements outlined in Section 10.03 of this
Policy, the design, commissioning and installation of the public art piece will be at the
sole cost of the owner, and subject to approval by the City. Ongoing maintenance,
repair or replacement of the public art piece will be at the sole cost of the owner.
• Off-site Contribution: This is where the applicant provides public art on municipal
property. In addition to the requirements outlined in Section 10.01 of this Policy, the
design, commissioning and installation of the public art piece will be at the sole cost
of the private sector proponent, and subject to approval by the City. The ongoing ·
maintenance, repair or replacement of the public art piece will be at the sole cost and
responsibility of the City.
• Partnership with business/agency.
22 Funding
22.01 Funding to support this policy will be provided through the establishment of a Public Art
Reserve Fund, as recommended in The City of Pickering Cultural Strategic Plan (2014).
22.02 Starting in 2021, it is recommended that Council provide financial support in the amount of
$100,000 to implement the Public Art Policy. In 2022, it is recommended that the financial
support increase by $25,000 for a total of $125,000. The financial contribution should be
increased by $25,000 every year until the funding model is reviewed.
22.03 The Public Art Reserve Fund will be used to cover the costs of the management,
additional insurance costs, administration and promotion of public art in the City and the
purchase, maintenance, conservation, restoration, archiving, and deaccession of the
Public Art Collection.
22.04 Up to a minimum of 75% of all funds collected must be used for the design, fabrication
installation and documentation of Public Art or Community Art projects chosen through an
objective jurying selection process.
22.05 Funds ranging up to 25% will be apportioned to the governance and administration of the
selection process, collection, inventory, staffing, legal requirements, deaccession of artistic
works, and overall policy review.
Policy Title: Public Art Policy Page 20 of 21
Policy Number: CUL 130
22.06 Any operating funding required for the ongoing operation of specific pieces of public art
must be funded from the Public Arts Reserve Fund and approved by Council on a case by
case basis.
Please refer to all associated Procedures and Standard Operating Procedures, if applicable, for
detailed processes regarding this Policy.
Policy Title: Public Art Policy Page 21 of 21
Policy Number: CUL 130
Attachment #2 to Report CS 14-22
Call to Artists: Pickering Public Art
Seaton’s Fire Station #1
Deadline: Friday April 1, 2022 by 4 pm.
Rendering of Seaton Fire Hall #1. NOTE: Flag poles will not be located as shown.
Artist Opportunity
The City of Pickering invites artists to respond to the Call to Artists to create a
permanent outdoor public artwork for Seaton’s Fire Station #1 in the City of Pickering,
Ontario.
As per the City of Pickering 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.
A public art jury composed of city staff, practicing arts professionals and community
members will be established for this two-stage competition.
Page | 1
Public Art Opportunity
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 construction of Pickering’s new fire hall provides a public site for an art work at
1700 Zents Drive on the north east corner of Zents Drive and Brock Road in Pickering.
Thematically, artists are asked to broadly consider the rapidly developing community in
Seaton, local nature and wildlife including birds that have habitats in the area, and the
collective experience of community by residents.
The artwork will be located in front of the entrance to the fire hall, with 6 meters of space
reserved for this artwork and complimentary landscaping.
Community Background
Seaton is a vibrant community, being developed in central Pickering. The new
community is planned to accommodate 70,000 new residents and 35,000 new jobs.
Building the foundation for this master-planned community began in 2015, with the
construction of infrastructure for water, sewers, roads, power, gas, and
telecommunications. A variety of builders are building new homes in Seaton with
residential construction starting in 2017. The first residential occupancy of Seaton took
place in the spring of 2018.
About 50% of Seaton will remain green, through planned parks, trails, village squares
and preservation of open space. More detailed information about the new Seaton
Community can be found on the City of Pickering website (www.pickering.ca/en/city-
hall/seatoncommunity).
Geographically central to the future growth of Pickering, the new 21,000 square-foot
Fire Hall will service coverage across Pickering. The fire hall located at 1700 Zents
Drive, on the corner of Zents Drive and Brock Road and is the first of two planned fire
halls located in the Seaton Community.
Budget: $90,000 CAD (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 and approvals or other
Page | 2
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
•Time lines
•Installation
•Maintenance and/or conservation plans
•Warranty
•Copyright, Intellectual Property and Moral Rights
• Payments to sub-contractors
Stage 1: Open Call
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.
EXPRESSION OF INTEREST SUBMISSIONS
Artists are invited to respond to this EOI by submitting a single pdf document:
This pdf document must be labeled with the name of the artist and project (Last Name
First Name_ ZentsFireHall) and include:
• CV (one for each team member, if applicable)
• Brief artist statement outlining interest in project, showing relevant experience,
ability, and general artistic approach. Please include your experience and
intended approach to the community engaged process. Do not include proposals
at this stage.
• Maximum ten (10) images of work, with caption including title, materials,
dimensions, location, and commissioning body (if applicable). Audio / Video files
may be provided via URL.
• Names and contact information for two references (preferably from recent
projects).
Email submissions to: communityservices@pickering.ca
Submissions must be received by 4PM ET, April 1, 2022.
Late submissions will not be accepted.
Page | 3
Stage 2: Conceptual Design
The short-listed artists will be notified in April, 2022 and invited to submit a conceptual
design proposal in a PowerPoint presentation. A detailed Terms of Reference project
document will be provided to help short-listed artists prepare their proposals. Short-
listed artists will be paid a fee of $1,500.00 (+HST) for their submission of a complete
conceptual design proposal.
Short-listed artists must attend an interview and present their proposals (online
presentations may be required) to the public art jury the week of May 30, 2022.
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 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.
The Public Art Jury in selecting the successful proposal will also 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
Page | 4
• 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
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 outlined 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
Project Considerations
The artwork must adhere to the following design parameters:
• Be an exterior sculptural installation, suitable for exhibition in a public space;
• Be appropriate for the site in scale, execution, materials and creativity;
• Be fabricated using high quality, long-lasting materials; and
• Not pose a risk to public safety.
The selected artist will be required to submit drawings certified by a structural engineer
licensed to operate in Ontario, at their own expense.
Page | 5
Overall Project Timeline:
March 7, 2022: Stage 1: Open Call issued
April 1, 2022 4 pm: Stage 1: Open Call submissions due to the City
April 4 -15, 2022: Application reviews and public art jury meeting
April 19, 2022: Deadline to notify short-listed artists. Artists will be provided with
detailed Terms of Reference project document for the public artwork at this stage.
May 27, 2022 4 pm: Stage 2: Conceptual Design proposal deadline
Week of May 30, 2022: Artist interviews and selection
June 30, 2022: Deadline to notify selected Artist
Week of July 4, 2022: Technical Review with project staff. This meeting will provide the
selected Artist with further technical specifications and feedback on the submitted
conceptual art work from lead project staff from the City.
Week of July 4, 2022: Project Contract signed and executed for project deliverables.
April 2023: Anticipated installation date
Decisions of the public art jury are final.
Contact Information:
Laura Gibbs
Manager, Cultural Services
905.420.4660 x3709
lgibbs@pickering.ca
Page | 6
Seaton Fire Station No. 1 &
Headquarters, Public Art
Conceptual Design Proposal
B E R M I N G HA M
S TU DIO INC
June 3, 2022 4:00 pm
Unveiling date: April 2023
HORSE POWER
Attachment #3 to Report CS 14-22
TITLE: HORSEPOWER
ARTIST: PATRICK BERMINGHAM
About the Artist
As an artist, sculptor, entrepreneur and inventor, Patrick Bermingham’s work has been recognized for its elegance, simplicity, depth of thought, clarity of purpose and boldness of vision. He offers a rich mix of complementary skills and experience as an artist.
“Sculpture is an inherently public form of visual art and a sculptor’s job is to catch and hold the attention of the public. Engaging and inspiring the public in this ancient discourse with dynamic and dramatic works which reveal more to the viewer with each new visit; exploring historical context and blending of old ideas with new and innovative techniques”.
TITLE: HORSEPOWER
ARTIST: PATRICK BERMINGHAM
Project Description & Artist Statement
When I first visited the site, I came upon a new
subdivision with a lot of young families, I could tell
by all the kids bikes, and neighbours living in
close proximity to both nature and the urban
centre.
I made a quick tour of the
neighbourhood and decided
to enter into a forest
immediately to the south of
the site.
I was struck by the symmetry
of these two white pines.
Clearly, the area has been
logged in the past.
City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art Page 3
TITLE: HORSEPOWER
ARTIST: PATRICK BERMINGHAM
Project Description & Artist Statement
When I visited the Pickering Museum, my hunch was
confirmed that the first settlers had logged the area and
taken the white pine to build masts for the ships of the
British Navy in the early 1800’s.
I was inspired by the scale of these rough hewn logs and
how they so perfectly were fitted together to provide
lasting shelter from the elements.
Clearly neither human nor machine was used to gather
these materials and bring them to their construction site.
Work horses were everywhere and no where to be seen at
the museum but they left their mark.
City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art Page 4
TITLE: HORSEPOWER
ARTIST: PATRICK BERMINGHAM
Project Description & Artist Statement
Our proposal pays tribute to the work horse which played a pivotal role in settling the land. The
horse did the hard work of clearing the land, skidding timbers for the British Navy, hauling lumber
for new homes, creating roads, transporting people, ploughing the fields and for responding to
fire emergencies.
The work horse represents a time when man and horse worked closely together, in a synergistic
way. With a single horsepower, so much was accomplished in a short space in time.
Power was precious, perhaps we put higher value on power then than we do today. Still, the true
measure of all power is horsepower.
We have never found a more suitable, more reverent way to
describe power. Yet at the same time, it would be difficult to
explain to an early settler just why you need 650 horses to pull
your two or four door carriage.
Power is a huge part of the history of Pickering.
By honouring the horse and the original unit of power some
spectators may stop to reflect on how we use power today. While
we have not always had nuclear power, we have still managed to
get the job done.
City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art Page 5
TITLE: HORSEPOWER
ARTIST: PATRICK BERMINGHAM
Project Description & Artist Statement
The horses work in harmony with nature with very
little damage, and footprint They fertilize the soil,
and represent environmentally friendly power. The
power of these horses was substantial. In todays
world our source of energy is less obvious, we
don’t always see it being produced. We don’t
know how much is natural gas, renewable or from
nuclear power sources.
But in times gone by, the power of a team of
horses was immediately apparent to everyone. To
see a horse in action is a site to behold.
Facts –A draft horse can pull 15 times its weight.
City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art Page 6
TITLE: HORSEPOWER
ARTIST: PATRICK BERMINGHAM
Proposal concept sketches, renderings, design details, and plan to show location
The ambition of the piece is to allow the viewer to feel the power of the horse; to understand where its power comes from. My aspiration for this sculpture is
that it be majestic and beautiful, the horse imagery, powerful and unstoppable, conveying a sense of determination.
Sketches
City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art Page 7
TITLE: HORSEPOWER
ARTIST: PATRICK BERMINGHAM
Proposal concept sketches, renderings, design details, and plan to show location Clay Studies
City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art Page 8
TITLE: HORSEPOWER
ARTIST: PATRICK BERMINGHAM
Proposal concept sketches, renderings, design details, and plan to show location Clay & Paper Maquette 1/5th scale model
The style of the sculpture is to be highly dynamic, not high realism. Recognizably a horse, abstracted, a vigorous, animated style, which emphasizes the movement
or strength of the horse. Movement and strength are emphasized rather the detail of the muscle and bone.
City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art Page 9
TITLE: HORSEPOWER
ARTIST: PATRICK BERMINGHAM
Proposal concept sketches, renderings, design details, and plan to show location Steel Horse Maquette 2/5th scale model
The style of the sculpture is that it is constructed from multiple pieces which demonstrate the action. movement and power of the horse more then the anatomy of the
horse. The sculpture will be made of steel utilizing both sheet forms and solid volumes to create a dynamic composition that is perpetually alive.
In this case, the sheet can be very expressive of tension, compression, so that you can feel, what the horse is doing, by expressing the action.
Page City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art 10
ARTIST: PATRICK BERMINGHAM
TITLE: HORSEPOWER
Proposal concept sketches,
renderings, design details,
and plan to show location
Work Horse width 3.66 meters by
2.2 meters high by 0.86 meters
wide.
Weight is approximately 1,200
kilograms.
(1 m3 / cu m = 1,000.00 kg wt)
The horse will be attached
(Welded) onto a Steel base,
which will be further anchored to
the plinth with 4 tamper proof
anchorages.
Installation requirements would be
a concrete pedestal/base as per
the designated pentagon.
Plinth/ mounting requirements to
be conceptualized and will be
finalized once art is commissioned.
City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art Page 11
4 tamper proof anchors
Concrete plinth pedestal
Total height is 2.96 meters Horse plus harness length is 3.66 meters
Horse height is 2.2 meters
Plinth height is 0.76 meters
Public Safety Features
The sculpture will be designed to achieve
CPTED principles, including no hidden
spaces or spaces of entrapment, sufficient
lighting.
Steel base
City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art Page 12
LED Lighting
LED Lighting
TITLE: HORSEPOWER
ARTIST: PATRICK BERMINGHAM
Proposal concept sketches,
renderings, design details,
and plan to show location
Lighting
We recommend two outdoor
LED lights placed either in the
grass between the sculpture
and the sidewalk (from the
East) along Brock Road or
suggest in the concrete wall per
the proposed designated
landscape.
The sculpture will be visible
from the streetlights and from
the building entrance. With
illumination at night, the
opportunity for surveillance will
be increased.
TITLE: HORSEPOWER
ARTIST: PATRICK BERMINGHAM
Proposal concept sketches,
renderings, design details,
and plan to show location
Information Panel
The platform is approximately
0.76 meters high and 2 meters
wide, triangle or diamond shape,
large enough to contain
interpretive signage, inscriptions
or symbols.
Accessibility
A hard surface connection from
the walkways lining the artwork is
provided via the paving layout,
creating an accessible route to
the walk around the entire
sculpture.
Hard Surface surrounding
concrete plinth
The beauty of the piece and the story of the heritage make this sculpture
worthy of the Seaton Community and complement the history of the area
Information Panel
Hard Surface surrounding
concrete plinth
City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art Page 13
TITLE: HORSEPOWER
ARTIST: PATRICK BERMINGHAM
Proposal concept sketches,
renderings, design details, More information regarding the painted steel project can be found here:
and plan to show location https://www.featurewalters.com/projects/vivanext-shelter-canopies-made-of-aess-feature-walters/
Protective Coating
To ensure the look and durability the sculpture will be
painted with a protective coating which involves blasting
followed by a 4-coat paint system:
1. ZINC Primer
2. Urethane Mastic
3. Coraflon Colour Coat ADS
4. Coraflon Clear Coat
The process of painting will be to use an air-tight,
ventilated paint booth that filter out dust and vapors that
might otherwise introduce impurities in the environment.
The paint system will protect it from the elements, be
long lasting and demand minimum maintenance.
This 4-coat paint system was used by one of our
subcontractors for a project in North York (example on
the right) using an automotive-quality paint that comes
with a 25-year warranty.
Project:
VivaNext Canopy
and Shelter,
York Region, ON
COLOUR To Be Determined
City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art Page 14
TITLE: HORSEPOWER
ARTIST: PATRICK BERMINGHAM
Proposal concept sketches,
renderings, design details,
and plan to show location
The design of the sculpture allows
visibility from Brock Road by car or by
passing pedestrians. The work horse
is also visible from the intersection of
Zents Drive & Brock Road. Is also
highly visible from all areas of the
parking lot of the firehall.
The work horse reflects, in a
metaphoric way, the way horses The Work Horse is heading Northbound supported the people, the community, Parallel to Brock Road and the city.
The Work Horse will pose as a wayfinding marker for locals and tourists.
Minimum 2-meter clearance from the building per designated location.
Minimum 1.2-meter clearance from East property Line (Brock Road), per designated location.
LOCATION
The 1700 Zents Drive,
Northwest corner of Zents Drive and Brock Road, Pickering
City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art Page 15
TITLE: HORSEPOWER
ARTIST: PATRICK BERMINGHAM
Artwork Materials and Maintenance
Steel Sculpture
Suitable for a lasting public, outdoor sculptural artwork. Strong, durable and
stable all-weather material, rust and corrosion resistant. All components will
be designed to shed water avoiding problems of water build up and
infiltration. Available in a wide range of textures and colours.
Protection
Powder coating steel provide a colour-durable finish that stands up to most
environments. The high-density particles used in the powder coat form a
protective layer over the metal which protects from dents and scratches.
Powder coating also stops discolouration from the sun. All artwork and
signage will be protected with a protective coating for the elements and an
anti-graffiti coating so that it can be easily cleaned if vandalized.
All inscriptions will be recessed and painted to deter the potential for
vandalism, and/or as prescribed by the City of Pickering to maximize
protection.
Maintenance Plan
Materials will be durable and constructed of materials resistant to oxidation and corrosion.
The sculpture needs to be inspected for damage or cracks in the coating. Annual inspection
for vandalism, repair as needed.
We will provide a recommended maintenance process for the sculpture in the formal
agreement. Our design is intended to be a low maintenance structure. The sculpture and
base will require little annual maintenance as steel and concrete structures.
Powder coated steel can be cleaned with a mild detergent and water. Harsh chemicals and
solvents should not be used as they can damage the powder coating. Only a wet sponge or
a soft brush is needed to remove any stubborn dirt.
Projected Maintenance Costs for 25 years
Powder Coated Steel can withstand environmental issues 15-20 years. Care and
maintenance is easy.
Public Safety Features
The sculpture will be designed to achieve CPTED principles, including no hidden
spaces or spaces of entrapment, sufficient lighting.
City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art Page 16
TITLE: HORSEPOWER
ARTIST: PATRICK BERMINGHAM
Warranty
Bermingham Studio Inc. will provide a 2-year warranty including materials, parts
and connectors, and will undertake any repairs or replacements needed for any
failure of the materials used. The warranty will apply to all parts of the artwork
fabrication. We guarantee that the artwork will be free from defects at the time of
installation and will withstand forces of nature they will be subjected to (sun, wind,
rain and snow) and seasonal treatments (salt and sand during winter). The
warranty will not apply to any damage from vandalism or extreme weather events.
We will provide a 10-year warranty for all attachments.
Details for all warranties listed in this proposal will be negotiated at the detailed
design stage.
Powder-coated paint, will have a manufacturer’s warranty that will apply to the
artwork, and will be detailed in the construction contract. We will inspect materials
and products for defects, after delivery to the site and before installation, as per the
Site Supervision and Reporting requirements in the specifications and/or contract.
Construction will conform to the Ontario Building Code as well as the Municipal
Codes and by-laws for the City of Pickering.
Environmental Sustainability
Our Team places a high value on creating sustainable solutions on every project.
We believe that both nature and economic well-being go together and have taken
a conscious approach to balancing these two contributing design factors,
balancing environmental sustainability within the budget constraints.
Re-Use of Materials
We believe that nothing goes to waste, and regularly store left-over material from
all our work for potential re-use in new artwork. Our workshop is full of scrap
materials waiting to be re-used, where appropriate. Powder coating is an eco-
friendly option as it is reusable and recyclable. Thermoplastic coatings especially
can be reshaped very easily, unlike thermosets. The powder is also used
precisely with minimal wastage, unlike paint, where you experience a lot of over
sprays.
City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art Page 17
TITLE: HORSEPOWER
ARTIST: PATRICK BERMINGHAM
Project Timelines
We are prepared to meet all anticipated project timelines as presented:
Week of Week of Week of
Key Milestones June 3, 2022 June 6-10, 2022 June 13-17, 2022 June 30, 2022 July 4 – 7, 2022 April 2023
Conceptual Design Proposal submitted
Artist Presentation to Art Jury
Public Information Session
Deadline to Notify Artist
Technical Review with project staff
Project Contract signed
Anticipated Installation Date
City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art Page 18
TITLE: HORSEPOWER
ARTIST: PATRICK BERMINGHAM
Costs Of Using Work Horses
The studies done on the economic differences between a tractor and Horsepower
work horses are either inconclusive or not entirely relevant. However, Horses helped open up our country, to their role in today's society being loved and
here are some things we do know about the cost of keeping work appreciated for their strength and enjoyment of hard work.
animals that you should consider:
Work horses multiply. Tractors only really ever depreciate in value,
whereas a horse can be bred and produce a foal every year.
Gas will go up in price; grass never will. Although winter feeding
can cost a little money or labor, grass will grow as long as there is
water, soil and sunlight—a low-cost fuel source to keep your
“machine” up and running.
Horses have higher labor costs. In some studies, almost double the
amount of labor was required per acre for work horses than for
tractor farming. Not quantifiable in this sense, however, is the
exercise or well-documented therapeutic benefits of working with
animals.
City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art Page 19
TITLE: HORSEPOWER
ARTIST: PATRICK BERMINGHAM
Preliminary Budget
Artist fee $ 15,000.00 City of Pickering staff will manage all aspects and cover all costs of City
Staff management duties, site permits and approvals and site
preparation.
We have taken into consideration the commissioning budget of $90,000
CAD (maximum) and have designed the sculpture accordingly to cover
the following:
Artist assistant, materials & Full scale model in paper & Steel $ 5,000.00
Fabrication full scale sculpture in steel $ 50,000.00
Sandblasting, powder coat $ 5,000.00
Protective coating $ 2,000.00
Transportation (Boom truck) $ 1,500.00
Insurance $ 2,544.80
Interpretive signage (Information Panel)
(design, supply, install)(Inscriptions, artwork) $ 1,500.00
Travel & Accomodation Total expenses (Site visits, fabrication,
installation, and unveling) $ 500.00
Project Management, Site inspections $ 1,500.00
Subtotal (before HST) $ 84,544.80
5% Contingency $ 4,227.24
Total $ 88,772.04
City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art Page 20
TITLE: HORSEPOWER
ARTIST: PATRICK BERMINGHAM
Preliminary Budget
Payment Timeline
An agreed upon schedule will provide the payment schedule. An interim update
between the parties will be scheduled to review and approve the Maquette. If no
changes or adjustments, the sculpture will be built and scheduled for delivery to the
site. Three payments to be made as follows:
• Down payment upon signing of the agreement
• Payment upon approval of the sculpture
• Remainder within (30) days upon receipt of final installation.
Additional fees may be charged for substantial revisions to either the theme or the
scope that are not due to any fault on the part of the Artist and for revisions
reflecting a new direction to the assignment, or new conceptual input.
Rights Transferred
Artist and the City of Pickering will agree that the following rights shall be
transferred from Artist to City of Pickering upon receipt of full payment. Artist
agrees to the perpetual non-exclusive license of all rights (including, but not
limited to, the right to display, photograph and share images for the purpose of
communications to members and marketing). The copyright and right to
reproduce the sculpture are retained by the artist.
City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art Page 21
TITLE: HORSEPOWER
ARTIST: PATRICK BERMINGHAM
Preliminary List of subcontractors, fabricators
Dan’s Welding and Fabricating Ltd. (art fabrication)
Dan's welding and fabricating limited has provided welding and custom
fabrication services in Burlington since 1960. Experience working with a wide
variety of metals including steel, stainless steel, aluminum, checker plate,
expanded metal tubing bar, cast iron and tool steel. CWB Certified and very
skilled in MIG, TIG, and stick welding. We have worked with Bermingham on
a number or artwork projects, from small, intricate details to major works.
Walters Group, Hamilton, ON (construction, engineering)
Founded in 1956, Walters Group is a family-owned steel construction
company that designs, fabricates, and constructs commercial and industrial
projects throughout North America. An end-to-end solution provider with
long term relationships with developers, builders, and constructors that
designs, fabricates, and constructs commercial and industrial projects
throughout North America.
City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art Page 22
TITLE: HORSEPOWER
ARTIST: PATRICK BERMINGHAM
About Us
Bermingham Studio Inc.
BSI is a well capitalized company with a wealth of artistic, design, engineering,
stakeholder engagement, and project management experience. We have
executed on numerous large projects throughout North America and understand
the need to respect the core constraints of time, scope, and budget. We
complete projects from design though to final construction for public and private
sector clients, and fully understand the need for transparency and accountability.
As a company, we operate on a collaborative model with a collection of in-house
project management, design, and technology talent paired with a deep roster of
project specific partners to draw upon. We are passionate about the intersection
of art, engineering, and design in the public space. We work to ensure that all we
do leaves the space we inhabit more interesting, inviting, and worthy of
discussion.
PATRICK BERMINGHAM, BFA
President, Public art & Installations.
Patrick Bermingham is an artist, inventor, builder, product designer and polymath.
He worked as studio assistant for the world-famous Artist Anthony Caro OBE, where
he helped fabricate large scale public sculptures on site. Bermingham also provided
technical assistance and local support to Chilean sculptor Francisco Gazitua on his
multi million-dollar project for Concord Adex
While maintaining his painting and sculpture practice, he led Bermingham
Construction and Berminghammer for 20 years. He was responsible for the design
and fabrication of custom equipment ranging in size from $100,000 to $5 million.
While working in construction he was responsible for a team of 200 professionals who
managed, budgeted, coordinated, executed and completed projects ranging in scope
from $100,000 to $40 million.
ALISON COPOC PMP
Director of Major Projects
Alison is an award-winning leader in project management with 20 years experience
in the art of stakeholder engagement and managing multiple stakeholders in the
private and public sector. Her strengths lie in planning, organizing, and leading
people. At BSI, Alison is the Project Manager for major construction projects, from
permits to demolition to development working with various suppliers, municipal,
provincial governments, and staff.
City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art Page 23
TITLE: HORSEPOWER
ARTIST: PATRICK BERMINGHAM
We welcome the opportunity to collaborate with you to bring this monument to life.
On behalf of the artistic team,
thank you!
Sincerely,
Patrick Bermingham,
BFA, Artist, President
THANK YOU FOR YOUR CONSIDERATION
HORSE POWER
B E R M I N G H A M S TU DI O INC
http://www.bermingham.studio
Studio: 919 Mineral Springs Road, Dundas, ON
Office: 18 Lorne Card Drive, Paris, ON
Email: patrick@bermingham.studio
Telephone: 647-920-9995
City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art
Letter of Understanding
Public Artwork Agreement
This agreement made the Day/Month/Year
BETWEEN: Patrick Bermingham from Bermingham Studio Inc
(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 artwork for the
Seaton Fire Hall #1. The artist was asked to broadly consider the rapidly developing community in
Seaton, local nature and wildlife including birds that have habitats in the area, and the collective
experience of community by residents. This document defines the relationship and responsibilities
between the City and the Artist. The final artwork is to be unveiled April 2023.
This Letter of Understanding conforms to the City of Pickering Public Art Policy (CUL 010) and the City
Of Pickering Standard Quotation Terms & Conditions.
2.Background
The Seaton Fire Hall #1 public art project is operated and administered by the City.
The City issued a call to artists for Expressions of Interest dated March 7, 2022, with respect to the
Seaton Fire Hall #1 project. Applications were due April 1, 2022.
This was a two-stage competition. Stage One: Applicants were reviewed based on the merit of the
artist’s past work, professional qualifications and experience. Stage Two: Short-listed artists
developed their artwork conceptual design based on detailed artwork specifications.
The public art concepts were selected by a specially convened independent Public Art Jury, made up
of visual arts professionals, community representatives, and City staff.
Following a review of submissions by the Public Art Jury in response to the call for Expressions of
Interest the City invited a short list of Artists/Artist teams to submit a Conceptual Design based on the
conditions outlined in the Terms of Reference for the Seaton Fire Hall #1 dated April 26, 2022, (the
“Terms of Reference”), a copy of which is attached as Schedule “A” to this Agreement.
The Artist submitted a proposal dated M, D, Y, (“the Proposal”), a copy of which is attached as
Schedule “B” to this Agreement.
The Artist has been selected by the City to create, manufacture and install or deliver to the site, as
required for the different components, the Artwork titled Horse Power in accordance with the
Conceptual Design, the Terms of Reference and the terms and conditions of this Agreement.
This public art piece will be featured as part of the new Seaton Fire Hall #1 and is intended to reflect
the rapidly developing community in Seaton, local nature and wildlife including birds that have
habitats in the area, and the collective experience of community by residents.
Attachment #4 to Report CS 14-22
Letter of Understanding
Public Artwork 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 “B” 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.
Place of Installation -The “Place of Installation” is 1700 Zents Drive on the northwest corner of Zents
Drive and Brock Road in Pickering, more specifically located as shown on the attached drawing
Schedule “C” 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
$90,000 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
by the Artist that including updated drawings and images that states that the Work has
progressed and is proceeding according to schedule D and will be installed by the Delivery
Date (as defined below).
c) HST shall be enumerated as a separate item on each staged and scheduled payment
pursuant to this Article.
Payment shall be structured in a payment schedule to the Artist as follows:
i)$30,000 at the end of Phase 2 which includes execution of the agreement by all parties,
preliminary drawings of all components and connections, preliminary fabrication schedule and
pricing and submission of an invoice from the Artist;
ii)$30,000 at the end of Phase 4 which includes final detail design, shop drawings for
production, pricing, engineer review, and shipping and installation plan subject to the approval
of the City and upon submission of an invoice; and
iii)$30,000 at the end of Phase 6, within one month after satisfactory installation of the finished
Artwork, in its final location, delivery of conservation and maintenance plan, photographic
documentation, Artist Statement and Biography subject to approval by the City 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
engaged by 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.
Letter of Understanding
Public Artwork Agreement
6. Performance
The Artist agrees:
a) to provide all work and materials necessary to create the Artwork and to fulfill all its obligations
as set out in this Agreement;
b) that the materials, methods and processes used to produce the Artwork shall be of first class
quality and expressive of the approved design as detailed in Schedule “B” attached hereto;
and
c) to use first class 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 “B”.
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 April 14,
2023 (“the Delivery Date”) or such later date as may be agreed upon by the Artist and the City
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 the
production 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
“D”;
d) to provide a conservation and maintenance plan; and
e) to provide to the City photographs of the Artwork during and after installation in accordance
with Schedule “D”.
The City agrees:
a) to ensure that should the Artist require direction in any regard to the design, fabrication or
installation 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
facilitate production 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 exact location of the Artwork within the Installation Site, to the satisfaction of
the City.
Letter of Understanding
Public Artwork Agreement
9. Specifications
The Artist agrees:
a) to provide detailed drawings and specifications to the satisfaction of the City and shall advise
the City, in writing, through the Coordinator, Public Art, of all factors relating to the Artwork’s
theme, budget, critical path, location, size, materials, structural, mechanical and technological
requirements, installation methods, and future maintenance requirements, to be determined by
the Artist in consultation with the Coordinator, Public Art; and
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’s
objection to any feature of the Artwork which is reasonably attributable to the exercise of the
Artist’s aesthetic judgement during the progress of the development of the Artwork shall not be
considered a substantive change and shall not be a basis for withholding acceptance or
payment for the Artwork.
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 “B” attached hereto;
c) The Artist shall coordinate the installation of the Artwork with the Coordinator, 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; and
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.
Letter of Understanding
Public Artwork Agreement
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; and
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.
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; and
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
Letter of Understanding
Public Artwork Agreement
(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
Esplanade Park; and
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 insurance
coverage. 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 operations performed by or on behalf of the
Company, a certificate of insurance shall be completed by the Company’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 Company, which may be
recovered from amounts owed to the Company or from any form of security still in the
City's possession.
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Public Artwork Agreement
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; and
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.
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; and
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
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Public Artwork Agreement
the City will not be liable to the Board for future payments in connection with the Company’s
completion of the project; and
c) That a Company deemed to be an Independent Operator by the Workplace Safety & Insurance
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.
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;
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Public Artwork Agreement
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;
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; and
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:
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Public Artwork Agreement
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;
b) 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.
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
Laura Gibbs
lgibbs@pickering.ca
To the Artist at:
18 Lorne Card Drive, Paris, Ontario, N3L 0J7
alison@my-pmo.com
https://www.bermingham.studio/
Or to such other address or person as the parties may designate to each other in writing.
It is deemed that notice is received five (5) days after the mailing of any notice or upon delivery, if
personally delivered.
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Public Artwork Agreement
IN WITNESS WHEREOF the parties hereto have had this Letter of Understanding executed.
____________ ___ _______________
Full name, artist Date
_____________ ___ _______________
David Ryan, Mayor Date
City of Pickering
_____________ ___ _______________
Susan Cassel, City Clerk Date
City of Pickering
Letter of Understanding
Public Artwork Agreement
GENERAL
Schedule A: Terms of Reference
Schedule B: The Artwork (Artist’s Concept proposal document attached)
Schedule C: Place of Installation (Seaton Fire Hall #1)
Schedule D: Detailed Fabrication Schedule
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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 – July 4, 2022
• Agreement signed by all parties
• Proof of insurance and WSIB provided to the satisfaction of the City
Phase 2 -To be completed by August 19, 2022, to the satisfaction of the City
This phase will include the following Client approvals:
• Preliminary Drawings of all components and connections
• Preliminary fabrication schedule and Pricing
Phase 3 -To be completed by August 31, 2022 to the satisfaction of the City
• Final design and pricing
• Preliminary engineer review
This phase will include the following Client approvals:
• Design drawings, including all components and connections.
Phase 4 -To be completed by October 21, 2022 to the satisfaction of the City
• Completion of detail design.
This phase will include:
• Final sign-off of shop drawings for production
• Shipping & installation plan completed, in cooperation with the artist and other relevant
contractors, and to the satisfaction of the City.
Phase 5 -To be completed by November 18, 2022 to the satisfaction of the City.
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Public Artwork Agreement
• Complete off-site fabrication of Artwork and all its components, to the satisfaction of the City. All
permits and approvals acquired.
Phase 6 – To be completed by April 14, 2023 to the satisfaction of the City.
• 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
• Final acceptance of Artwork to the satisfaction of the City.