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HomeMy WebLinkAboutATTACHMENT 3 POLICY 880 Public Art Public Art Policy 1/3/2024 Revisions: 1 Town of Estes Park, Public Works Page 1 of 29 Effective Period: Until Superseded Review Schedule: Annually Effective Date: January 3, 2024 References: AIPP Guidelines 2022 PUBLIC WORKS 880 Public Art Policy 1. PURPOSE The Art in Public Places (AIPP) program of the Town of Estes Park (Town) was developed by the Estes Park Parks Advisory Board (PAB) in 2015 at the request of the Town Board, and managed by the PAB until its sunset in 2023. The Town’s Public Works Department was then entrusted with administration of the AIPP program. The AIPP program enriches our community through public exposure to the arts. The program is achieved through a collaboration of Estes Park residents, businesses, organizations, art community, and Estes Park K-12 school programs to develop a diverse art collection that creates a sense of place, provides a unique town identity, offers educational opportunities, and serves as an economic driver. The AIPP program weaves public art into the everyday experience of our community and creates lasting impressions on those who experience it. It enhances our public spaces, compliments our award winning seasonal floral displays, and makes Estes Park a visitor destination for both its natural beauty and vibrant arts scene. The AIPP broadly defines public art as any creation of visual art that is acquired with public monies, or acquired with a combination of public/private funding; acquired by donation or loan to the Town’s AIPP program; or privately sponsored artwork located on publicly owned land, easements, or publicly owned equipment. 2. POLICY Town Ordinance No. 02-23 clarifies that the AIPP program is administered by the Public Works Department of the Town of Estes Park. a. Program Definitions • Art in Public Places: Any visual work of art displayed for two weeks or more in an open Town-owned area; on the exterior of any Town-owned facility; inside any Town-owned facility in areas designated as public areas; or on non-Town property if the work of art is installed or financed, either wholly or in part, with Town funds or grants procured by the Town. • Curatorial Support Services Provider: The individual, entity or organization that may be optionally selected by Public Works staff to provide recommendations for installation and maintenance of the various types of art in the collection. Public Art Policy 1/3/2024 Revisions: 1 Town of Estes Park, Public Works Page 2 of 29 • Documentation: Includes, but is not limited to, periodic condition reports; records of actual maintenance performed and an assessment of those efforts; photographs; artist’s maintenance recommendations, information, methods, and materials; potential problems with the work of art; finishes information (e.g., painter’s name, or when, where, what, and how the piece was finished); quality of materials used; installation information; warranties; and professional and other knowledgeable opinions regarding preservation and maintenance. May also include the artist’s resume, artwork history, where the work has been exhibited, and a personal interview with the artist. • Maintenance: Performed according to a scheduled, piece-specific plan to clean, repair, and preserve each work of art in the Town’s public collection. A maintenance plan for outdoor works of art placed in landscaped settings may include regular tree/shrub pruning or, when necessary, replanting to maintain desired sight lines for viewing the work of art. Plans will include a means to assess the ongoing effectiveness of preservation. • Mass-Produced: A work of art reproduced for mass distribution. • Mural: Any work of visual art painted or applied directly on a wall, ceiling, or other large permanent surface. Murals do not include pictures, symbols, or devices of any kind that relate to a commercial business, product or service offered on the premises where the mural is located. • Patron: A person who gives financial or other support to an organization, cause, or activity. • Preservation: Includes placement; installation; security; regularly scheduled maintenance; and emergency repairs (with consideration to the natural process of aging. • Project: An existing plan or proposal where installation of a work of art may be under consideration. • Reserve Account: Account established for AIPP program expenses. Shall not be used for acquiring or funding of architectural rehabilitation or historical preservation projects or other works deemed, by Public Works staff, to be inappropriate for the Town’s collection. • Site: Specific location being considered for or currently displaying a work of art. • Public Works staff: Town of Estes Park employees working to oversee the AIPP program. • Town Board: Elected officials serving as Trustees of the Town. • Work of Art: All forms of visual art, including but not limited to: o Paintings of all media, including both portable and permanently affixed works such as frescoes and murals; o Sculptures of any form and in any material or combination of materials. This includes statues, monuments, fountains, arches, or other structures intended for ornamentation or commemoration; o Crafts and folk-art works in clay, fiber, textiles, glass, wood, metal, mosaics, plastics, and other materials; o Kinetic and/or interactive sculptures; o Site-integrated artwork created by landscape designers and artists to include landscapes and earth-works, integration of natural and human Public Art Policy 1/3/2024 Revisions: 1 Town of Estes Park, Public Works Page 3 of 29 made materials, and other functional art pieces. Site-integrated works may include building features; gates, street furniture; paving materials; and painted or wrapped utility equipment boxes (e.g., transformers, switches). b. Administration and Curatorial Support i. Public Works Department Administration of the AIPP program is the responsibility of the Town of Estes Park Public Works Department. Public Works staff shall establish and amend, with Town Board approval, the criteria and guidelines governing the selection, acquisition, purchase, commissioning, placement, installation, and maintenance of public works of art. Selection and placement of works of art shall be in conjunction with representatives of the Town Board and the Town department responsible for maintaining the work of art. Following placement or installation, maintenance and repair of works of art shall be the responsibility of the Town department that possesses the work(s). Any proposed works of art requiring extraordinary operation or maintenance expenses shall require prior approval of the Department Director responsible for such operation or maintenance. ii. Curatorial Support Services Provider The role of the optional curatorial support services provider shall be to perform such duties as requested by Public Works staff as they pertain to the Town’s Art in Public Places program. The curatorial support services provider may be reimbursed for actual expenses incurred for curatorial support. Public Works staff shall maintain a detailed record of all art in public places, including but not limited to accession numbers, site drawings, photographs, designs, names of artists, and names of architects whenever feasible. iii. Funds for Works of Art A reserve account for the AIPP may be established. Funds deposited in the reserve account may only be expended for the acquisition, installation, maintenance and repair of works of art; costs associated with deaccessioning works of art; and AIPP program administration expenses. Funds in the AIPP reserve account may come from the Town’s annual General Fund Budget, grants, and donations. All funds set aside or donated for works of art shall be paid into the reserve account. Any excess or unexpended funds in the AIPP reserve account shall carry forward in this account at the end of each fiscal year. Funds in the AIPP reserve account shall not be used for purchasing architectural rehabilitation or historical preservation projects or other works of art deemed inappropriate for the collection. Public Art Policy 1/3/2024 Revisions: 1 Town of Estes Park, Public Works Page 4 of 29 3. PROCEDURE a. Selection and Acquisition Public art for the AIPP program may be acquired by Public Works staff through commission for a site-specific work, or the direct purchase or donation of an existing work of permanent or temporary art. The Town Board recognizes that works of art often significantly alter public places, becoming a new, major presence in the environment. In recent decades, visual art has rapidly evolved and diversified, creating at times a gap between visual art and its appreciation by the general public. The AIPP program shall endeavor to bridge this gap by broadening community awareness of the issues involved in visual art and its historical context, and encouraging informed debate among all segments of the community. A commissioned work of public art typically involves selecting an established artist to develop a piece of artwork for an identified location or use. The Contract for Commission of Artwork (Exhibit A or B) is submitted. If site specific, the artwork must conform to the AIPP program regarding the site’s functional context, architecture, location, relationship to the adjacent terrain, and social context. If a work of art is commissioned for a specific use, it must meet the requirements set forth by the AIPP program. The Town of Estes Park may be offered donations of works of art. For permanent donations, the Artwork Donation Form (Exhibit C) is submitted. For temporary (loaned) donations, the Artwork Loan Agreement (Exhibit D) is submitted. Donations are subject to the same policies and criteria of the AIPP program as any other work of art being considered by the Town. Public Works staff have the discretion, subject to AIPP program policies, to recommend that the Town Board accept or reject any work of art offered to the Town for public art purposes. i. Artist Selection When evaluating the possibility of working with a particular artist, Public Works staff generally considers the artist’s presentation; the ability of the artist to work cooperatively and effectively with stakeholders; the technical feasibility of a proposed project and the artist’s technical ability; and other factors deemed by the Public Works staff to be important. ii. Works of Art Selection In performing its duties with respect to AIPP program, Public Works staff will strive to integrate the creative work of artists into public projects to thereby increase our residents’ and visitors’ experience and improve the economic vitality of the Town through the enhancement of public spaces in general and the pedestrian landscape in particular. In doing so, special attention shall be given to the following: (1) Conceptual compatibility of the design with the immediate environment of the site; (2) Appropriateness of the design to the function of the site; (3) Compatibility of the design and location with a unified design character or historical character of the site; Public Art Policy 1/3/2024 Revisions: 1 Town of Estes Park, Public Works Page 5 of 29 (4) Creation of an internal sense of order and desirable environment for the general community by the design and location of the work of art; (5) Preservation and integration of natural features of the site; (6) Appropriateness of the materials, textures, colors, and design to the expression of the design concept; (7) Representation of the Town’s broad variety of tastes and the provision of a balanced inventory of art in public places to ensure a variety of style, design, and media throughout the community. Consideration for the purchase of a work of art may be initiated by Public Works staff or others. Existing artwork may be directly purchased by the Town of Estes Park from an artist/owner in unique circumstances (e.g., when the price presents an economic advantage) or to meet one of the AIPP program goals. Public Works staff may approach an artist, or an artist may approach the Public Work staff. Artists who wish to have a finished work of art considered for purchase by the Town Board should submit the following to Public Works staff: (1) A proposal sheet with the artist’s name; title of the artwork; dimensions and medium; date produced; price; location; number of reproductions and restrictions on reproduction; other information the artist deems pertinent; and a resume and references; (2) A maquette and/or images or the actual work for review (to be provided electronically or by hard copy, showing all sides and the proper scale of the work); (3) A cover letter explaining why the work should be added to the Town’s public art collection; (4) A conservation assessment describing the artwork’s condition, along with a maintenance plan. The plan should be authored by a qualified conservator or the artist; include an explanation of the expected lifespan of the work while placed in a public environment, specifying the type of environment in which the artwork may be placed; and address whether the artwork may be prone to vandalism, and how vandalism effects may be mitigated. Public Works staff may request additional information. Competitions may open to artists within the geographic limits and other specifications set by Public Works staff (specifications vary from competition to competition). Staff will strive to maintain balance between competitions involving local artists only and artists from a larger area. The typical process for open competitions is as follows: (1) Public Works staff issue an AIPP Request for Proposals (Exhibit E) of the project description, budget, time schedule, and summary of duties and obligations. (2) The artist shall provide a maquette and site drawing (if appropriate), design, concept statement, recommended installation and maintenance requirements, budget, photographs, resume and references. (3) Proposals shall be considered by the jury, and a final choice or choices will be presented to Public Works staff for recommendation to the Town Board. Public Art Policy 1/3/2024 Revisions: 1 Town of Estes Park, Public Works Page 6 of 29 Jury composition varies and is determined by staff, but juries typically include a staff representative(s) from the relevant department and outside art organizations. Acceptance of art will be the responsibility of the Town Board. (4) Entry materials will be returned to the artist only if requested and if the artist’s entry package provides appropriate packaging, postage, and insurance for such return. The names of selected artists may be obtained from Public Works staff. Temporary works of art enrich the community; provide exposure to artists working in a variety of media; and allow for the exhibition of a wide variety of works of art that may supplement and enhance the permanent Town art collection. Selected temporary artwork must exemplify commitment to quality and innovation. A temporary art exhibit may be held with the intention of creating a mutually beneficial partnership between the Town of Estes Park and artists working both within and outside of the community. Selected artists will enter into a standard lease agreement with the Town of Estes Park for each work of temporary art proposed for exhibition. The length of the lease may be for up to one year. A ten percent (10%) sales commission may be collected by the Town for any temporary work of art that is sold during the exhibition and the funds deposited into an AIPP reserve account. Donations from arts organizations and private parties represent a large and valuable portion of the Town’s collection of public art. The AIPP program has limited funds for administration, preservation, and maintenance of works of art. Likewise, there are a limited number of suitable municipal sites appropriate for the installation of works of art. To ensure the quality of the collection, Public Works staff uses this policy to decide whether a proposed donation is appropriate for addition to the Town’s collection. The Town Board accepts only those works that will, in its discretion, further the overall goals of the AIPP program. Public Works staff request that individuals or entities interested in donating a work of art follow these steps: (1) Complete and submit the Artwork Donation Form (Exhibit C). (2) Provide a maquette and/or images or the actual work for review. Images may be provided electronically or by hard copy, showing all sides and the proper scale of the work. (3) Include a cover letter explaining that the work of art is being offered to the Town as a gift, and why it should be added to the Town’s public art collection. (4) Provide a copy of the artist’s resume or biography; information about the artist’s significance; and digital images showing a sampling of the artist’s work. (5) Provide information about the artwork’s provenance, exhibition history, and a current estimate of value. Include a letter of authenticity from the artist, if possible. (6) A conservation assessment describing the artwork’s condition, along with a maintenance plan. The plan should be authored by a qualified conservator or the artist; include an explanation of the expected lifespan of the work while Public Art Policy 1/3/2024 Revisions: 1 Town of Estes Park, Public Works Page 7 of 29 placed in a public environment, specifying the type of environment in which the artwork may be placed; and address whether the artwork may be prone to vandalism, and how vandalism effects may be mitigated. Public Works staff may request additional information. Public Works staff may request additional information for the donation. Consideration factors include the artwork’s aesthetic quality (including craftsmanship), compatibility with the Town’s existing public art collection, and budget (i.e., maintenance requirements and installation costs). All works of art will be taken to the Town Board at a regularly scheduled meeting to be voted on by the full board. Larger acquisitions may be taken to the Town Board at a study session for detailed discussion prior to a voting action by the Town Board. The Town Board is unlikely to consider any donation that requires immediate or extensive maintenance. iii. Ownership of Works of Art All permanent works of art acquired pursuant to this policy shall be acquired in the name of, and title shall be held by, the Town of Estes Park. Exempt from this ownership provision are all works of art in the collections of, and having been purchased or acquired as a donation by, the Estes Valley Public Library and The Estes Park Museum; and all works of art that are the private, personal property of any Town employee and that are displayed in Town offices or other areas of Town-owned facilities that are not generally frequented by the public. The Town Board recognizes the fact that exempted organizations acquire artwork donated by patrons or purchased and donated by their supporting/friend organizations. In acquiring new artworks for their collections, we respectfully request the governing boards and staff of the exempted organizations be cognizant of and embrace the spirit of the AIPP Guidelines as they continue adding to their art collections. b. Display of Art in Public Places Public Works staff is charged with selecting sites for purchased or donated artwork. Works of art selected and implemented pursuant to the provisions of this policy may be placed in, on, or about any public place; or by agreement with the owner thereof, placed on any private property with substantial public exposure in and around the town. Works of art owned by the Town may also be loaned for exhibition elsewhere, upon such terms and conditions as deemed necessary by the Town Board. All art in public places shall receive the prior review and approval of the Town Board. None shall be removed, altered, or changed without the prior review and approval of the Town Board. No work of art financed either wholly or in part with Town funds or with grants procured by the Town shall be installed on privately owned property unless a written agreement is prepared and signed by the Mayor, acting on behalf of the Public Art Policy 1/3/2024 Revisions: 1 Town of Estes Park, Public Works Page 8 of 29 Town, and the owner of the property specifying the proprietary interests in the work of art and specifying other provisions deemed necessary or desirable by the Town attorney. In addition, such written agreement shall specify that the private property owner assures that the installation of the work of art will be done in a manner that will protect the work of art and that takes into consideration public safety; that the work of art will be maintained in good condition; and that insurance and indemnification of the Town will be provided as is appropriate. Installation, maintenance, alteration, refinishing, and moving of art in public places shall be done in consultation with the artist whenever feasible. Public Works staff shall maintain a detailed record of all art in public places, including accession numbers; site drawings; photographs; designs, names of artists; names of architects; and correspondence among all parties involved in the creation, acquisition, placement, and display of art work whenever feasible. i. Site Selection and Display Standards Staff generally considers the following criteria in matching an artwork with a display site: (1) Conceptual compatibility of the design with the immediate site environment; (2) Appropriateness of the design to the function of the site; (3) Compatibility of the design and location with a unified design character or historical character of the site; (4) Creation of a desirable environment for the general community by the design and location of the work or art; (5) Preservation and integration of natural features of the site; (6) Appropriateness of the materials and design to the expression of the artist’s concept; (7) Representation of a broad variety of tastes within the community and the provisions of a balanced inventory of art in public places to ensure a variety of style, design, and media throughout the community; (8) Visibility and accessibility; (9) Public safety; (10) Car and pedestrian traffic patterns, and other Right of Way considerations; (11) Site conditions/constraints: existing landscaping, site furnishings, water for irrigation, drainage, grading, electrical source for lighting, and other utility considerations such as depth of existing utilities, access to natural gas hook up, etc.; (12) Environmental impacts such as noise, sound, light and odors; (13) Impact on operational functions of the Town such as snow removal, mowing operations, etc.; (14) Compatibility with the site function; (15) Susceptibility to vandalism; (16) Costs of site preparation; (17) Existing works of art in/near the site area; (18) Impact on adjacent property owners; (19) Any other criteria deemed by the Public Works staff to be important. Public Art Policy 1/3/2024 Revisions: 1 Town of Estes Park, Public Works Page 9 of 29 ii. Town Department Input Whether working to select artwork for a designated site or selecting a site for an already acquired artwork, it is important to get input from relevant Town departments. Relevant departments will typically be either a department receiving artwork in/on its building/grounds, or a department whose general responsibilities will be materially impacted by the placement of a work of art at a particular site (visual sightline obstruction, mowing or snow removal operations, etc.). Designated Public Works staff will contact the Director of the relevant department(s) to discuss potential sites and invite the Director to serve on any formal selection committee. Selection processes which are determined by designated staff may vary by project. Designated staff will ask the Director of the relevant department to provide any concerns regarding the sites and/or their impact on department operations before a selection process is finalized. iii. Placement of Works of Art in the Public Right of Way (ROW) Leadership for consideration of all projects and installations in the public right of way (ROW) rests primarily with Public Works staff. Administrative support is provided through the department’s Engineering Division. In cases that impact the ROW, Public Works will guide the process of securing collaborative support from other Town departments as well as from other governmental agencies (i.e., CDOT, Town of Estes Power & Communications, etc.). Public Works staff can and will provide support, professional expertise, and advisement as needed for installations selected by the Town Board. Primary contact will be through the Public Works Director and any staff member who will be supporting the project(s). In installations that involve CDOT ROW, Public Works will develop a plan to address the separate contracts, review, and inspection requirements necessary with these projects; this may include cost considerations for project management if the size of the installation is large. The Town of Estes Park utilizes the Manual on Uniform Traffic Control Devices (MUTCD) when determining uses, signage, visual sightline requirements, and other issues that impact the ROW. The MUTCD is nationally accepted as the primary standard for these requirements. (1) Installations Adjoining the ROW When considering installations along the ROW, Public Works staff shall consider whether the particular installation impacts the egress of persons with disabilities; causes undue interruptions to the flow of pedestrians, bicycles, or traffic, such as on a sidewalk or crosswalk; and the safety of maintenance requirements/modifications that may be created by the installation. (i) Installations Within the ROW When considering installations in the ROW, the following factors must be considered and resolved collaboratively with all stakeholders, with Public Works making a final determination about a particular installation: ADA requirements; impact on flow of pedestrians, bicycles, or traffic; Public Art Policy 1/3/2024 Revisions: 1 Town of Estes Park, Public Works Page 10 of 29 maintenance requirements that may be created by the installation; and safety impacts. Questions influencing the final determination include whether the installation would cause undue distraction for drivers, so that vehicles are more likely to cause accidents from slowing or disorientation; and whether the installation causes a blockage of sightlines such that safety for drivers, pedestrians, or cyclists is compromised. Since these sightlines will be different in each installation, size may be a factor at certain locations. For example, drivers’ blind spots can result from installations at a traditional intersection location close to the sightlines at the corners, or within a roundabout. Height of installations is not generally an issue except when a foundation structure is required that may limit visibility for pedestrians in wheelchairs or may cause drivers to “rubber neck” for better viewing. When installations are within the ROW, project planners must be sensitive to works of art that may draw pedestrians into the traffic flow for viewing. This is a critical factor in roundabouts, where traffic devices do not have designated locations for drivers to stop and roundabout islands are not intended to accommodate pedestrian traffic. A work of art designed for a roundabout must be designed to be viewed from a distance. It is also recommended that recognition for works of art (artist signatures, plaques describing the work of art, etc.) be placed outside the roundabout’s flow of traffic versus on the island itself. When installations are proposed within the ROW, project planners should check to ensure that the art would not interfere with future road expansions or sidewalk/multiuse path installations. iv. Post-Selection Process Once a site has been selected, an installation plan will be developed by Public Works and other relevant staff with input from the artist, donor, and contractor when appropriate. Following installation, the designated representative(s) of the relevant department will meet to inspect the site and sign off on the finalized project. At the time of an acquisition, by donation or purchase, the proposed budget for a work of art should include all costs of installation, which may include plinths or other display components; site development, including landscaping and irrigation system installation or modification; and an identification plaque. (1) Contracts. Following final selection of a work of art or artist, a Contract for Commission of Artwork (Exhibits A and B) shall be prepared by the Town Attorney. Executed contracts shall be filed with the Town Clerk and a copy placed in the artwork accession file managed by the Public Works staff. Public Art Policy 1/3/2024 Revisions: 1 Town of Estes Park, Public Works Page 11 of 29 (2) Public Disclosure. All works of art will be taken to the Town Board at a regularly scheduled meeting to be voted on by the full board. Larger acquisitions may be taken to a Town Board Study Session for detailed discussion prior to a voting action by the Town Board. c. Maintenance of Art in Public Places i. Maintenance Process (1) Initial Documentation. A standardized form is completed and submitted by the artist/donor prior to a piece being accepted into the Town collection. Public Works staff, appropriate Town department(s), outside contractors, service people and experts may be asked to review this documentation. Documentation will reside in the records of Public Works staff, who will be responsible for creating, keeping, and periodically updating the documentation. Staff will use the projected cost of maintenance as one consideration in its final determination of acceptance and placement. Although documentation and maintenance recommendations alone will not be used to specifically exclude artwork from the Town collection, the recommendation may play a role in that final determination. The AIPP reserve fund may be used to pay for acquiring critical, missing documentation not obtained at the time of acquisition of a work of art. (2) Maintenance Documentation. When a work of art is accepted into the Town collection, a maintenance schedule of benchmark tasks will be established. Maintenance documentation, which may be reviewed as revised as needed, will include a standard for regular maintenance (e.g., timing, type of maintenance) and identify any maintenance issues that may require special attention. Each artistic medium will require knowledgeable people to develop maintenance criteria. In addition, the maintenance criteria may include future historic and aesthetic considerations for each piece. (3) Inspection and Condition Report. As determined by Public Works staff, a curatorial support services provider may be retained to initiate and produce an inspection and condition report. Paid professional condition appraisers/conservators and/or knowledgeable volunteers, craftspeople or industry experts may perform the inspection for each piece. The inspection and condition report will become part of the permanent documentation for the specific work of art and will reside with the curatorial support services provider. (4) Regular Maintenance. Town staff from the department in possession of work(s) (i.e., Facilities & Parks Division, Power and Communications, etc.), paid professionals and/or trained and supervised volunteers will perform regular maintenance of works of art based upon the maintenance schedule and condition report for each specific work of art. Maintenance will be performed upon a recommended schedule developed by the representative of the curatorial support services provider (if available) on a schedule determined by the department charged with maintenance of the piece of art. (5) Special Maintenance. As needed, paid professionals or knowledgeable volunteers will perform maintenance that requires specialized tools, equipment, Public Art Policy 1/3/2024 Revisions: 1 Town of Estes Park, Public Works Page 12 of 29 or knowledge. The representative of the curatorial support services provider will use the condition report and/or site visits to determine need. (6) Emergency Maintenance or Repair. As needed, paid professionals or knowledgeable volunteers may be retained by Public Works staff to perform emergency maintenance/repair. (7) Construction, Remodeling, Painting & Repair. Whenever construction, remodeling, painting or other maintenance projects undertaken by the Town adversely impact any work of art in the Town collection, the relevant department staff should be notified. A plan to protect and preserve the works of art likely to be impacted is to be developed, in conjunction with the representative of the curatorial support services provider, and approved by the relevant department staff prior to work commencing. ii. Maintenance Implementation (1) Maintenance Plan Implementation. Public Works staff may retain a curatorial support services provider to assist in monitoring the AIPP maintenance plan and periodic reporting to the Town Board on the status of art work maintenance as determined by the Public Works staff. (2) Funding. Funding for maintenance will be established through a budget developed annually by the relevant department. Funds for maintenance may come from the AIPP reserve account or be a line item in the appropriate Town department’s annual operating budget. Maintenance funding of works of art in the permanent Town collection will take precedent over new art purchases. (3) Contract Services. Contracts with paid professionals/craftspeople will follow established Town guidelines and will be handled through the appropriate Town department. (4) Quality Control. Public Works staff believes in regulating the quality of maintenance to an established standard. Therefore, Staff will collect and assimilate maintenance data pertinent to the various types of works of art in the Town’s collection (e.g., lacquer vs. waxing, annual vs. biannual maintenance, professional vs. trained volunteer, etc.) (5) Maintenance Policy Review. As needed, Public Works staff will recommend changes to maintenance policies. d. Deaccessioning Works of Art De-accessioning is a procedure for withdrawing a work of art from the Town of Estes Park’s public collection. Public Works staff is responsible for recommending to the Town Board whether any piece(s) should be deaccessioned. Deaccessioning occurs only for good reason, in the Staff’s discretion. i. Considerations for Deaccessioning (1) The work of art endangers public safety. (2) The work of art has been determined to be in unsatisfactory condition. (3) The work of art lacks a suitable display site. (4) The condition or security of the work of art cannot be reasonably guaranteed where located. (5) The work of art is attached to a structure slated for destruction, remodeling or repair (so that it is not practical to keep it). Public Art Policy 1/3/2024 Revisions: 1 Town of Estes Park, Public Works Page 13 of 29 (6) The work of art is or has become incompatible with the rest of the collection. (7) The Town wishes to replace the work of art with a piece of more significance by the same artist. (8) The work of art requires excessive maintenance or it has faults of design or workmanship. (9) The work of art is found to be fraudulent or not authentic. (10) The Town cannot properly care for or store the work of art. (11) For any other reason as determined by Public Works staff. ii. Process/Disposition Public Works staff should review the works of art in the Town’s collection at least once every five years to recommend whether any piece(s) should be deaccessioned. In addition, the Town reserves the right to deaccession a work of art at any time deemed appropriate by the mayor Town Board. Deaccessioning may only be considered during a regular or a special meeting of the Town Board. A majority of Town Board members in a quorum must approve deaccessioning. Staff may consider the following options for disposition of a deaccessioned artwork: return to the artist; sale or trade; destruction (which shall be reserved for works deteriorated or damaged beyond reasonably-priced repair); donation; or any option deemed appropriate by Public Works staff. Approved: _____________________________ Travis Machalek, Town Administrator _____________ Date 1/3/2024 Public Art Policy 1/3/2024 Revisions: 1 Town of Estes Park, Public Works Page 14 of 29 POLICY 880 – EXHIBIT A TOWN OF ESTES PARK, COLORADO CONTRACT FOR COMMISSION OF ARTWORK This Agreement is entered into this (day, month, year) by and between the Town of Estes Park, Colorado (herein after called “the Town”) and (artist’s full name) (hereinafter called “the Artist”). Recitals In conjunction with (project name), the Town has allocated funding from the Art in Public Places program reserve fund in the amount of $ ____________ to acquire Artwork that will be created and installed in (location). The Artist was selected through a competitive process by the Public Works Department. Based on these foregoing recitals and the terms and conditions set forth herein, THE PARTIES AGREE AS FOLLOWS: ARTICLE 1. SCOPE OF SERVICES 1. Artist’s Responsibility 1. The Artist shall perform all services and be responsible for all expenses, materials, supplies, and equipment necessary to design, fabricate, deliver, and install Artwork consisting of (description of the Artwork). 2. The Artist’s services shall be performed in a professional, timely, and workmanlike manner, and in strict compliance with all terms and conditions in this Agreement. 3. The Artist is responsible for all costs, expenses, and fees associated with the design, engineering, fabrication, installation, lighting, site visits, and insurance of the Artwork. 4. The Artist shall coordinate the installation of the Artwork with the Town. The Artist agrees to repair and/or replace any damage caused by the Artwork installation at his expense, whether caused by the Artist or by anyone the Artist engages to assist him, to the satisfaction of the Town’s designated representative (“Town Representative”), as set forth in this Agreement. The person designated as “Town Representative” is staff designated by the Public Works Department. 5. The Artist is an independent contractor and not an agent or employee of the Town. 6. The Artist shall secure any necessary engineering work and is responsible for all site preparation. Public Art Policy 1/3/2024 Revisions: 1 Town of Estes Park, Public Works Page 15 of 29 7. The Artist will provide the concrete foundation on which the sculpture will sit. 8. In performance of the work described herein, the Artist shall comply with all applicable federal, State and Town laws, rules, and regulations, including but not limited to, applicable copyright, building and life, health and safety codes. 9. The Artist shall indemnify and hold the Town harmless from any damage or injury claims made by a third party(ies) arising during the installation process and caused, or claimed to be caused by such process, including harm to himself, to others including the public, or to the Artwork. 10. The Artist shall provide the Town with written instructions for the maintenance, care, and upkeep of the Artwork, with a description of all materials used, and a Certificate of Authenticity for the Artwork. 11. The Artist is solely responsible for the compensation and for the work of every contractor and other person he engages to assist him in discharging the duties under this Agreement. The Artist agrees to engage no person without providing adequate worker’s compensation insurance, in amounts required by Colorado law. 12. The Artist shall secure and provide insurance for the on-site installation period in amounts and limits specified in this section. The Artist shall provide the Town Risk Manager with a certificate of liability insurance which addresses the period of on-site installation, and includes the following: a. The policy must be an occurrence form; the coverage amount shall be $1,000,000 for products/completed operations hazard(s); the Comprehensive General Liability insurance shall have combined single limits of $1,000,000 per occurrence; and the policy shall not be cancelled, terminated nor not renewed without first giving 30 days advance written notice to the Town Risk Manager; b. Neither this Agreement nor an insurance policy issued as required by this Agreement shall be understood to waive or diminish the effect of the Colorado Governmental Immunity Act protections enjoyed by the Town. 2. Town’s Responsibility 1. The Town will provide the Artist access to the site for installation of the Artwork. 2. The Town will provide payment to the Artist in a timely fashion as outlines in the Payment Schedule in Article 6 of the Agreement. 3. The Town will secure any and all required licenses, permits, and similar legal authorizations, at no expense to the Artist, as may be necessary for the installation. Public Art Policy 1/3/2024 Revisions: 1 Town of Estes Park, Public Works Page 16 of 29 4. The Town will designate a representative (see Article 1, Section 1.1 C above) with whom the Artist should communicate and coordinate when necessary, and the Town Representative has the authority to make decisions for the Town with regard to the matters described herein, including, but not limited to inspection of any work in progress at the Artist’s studio or fabrication location, determining substantial and final completion of the Artwork, approving payments to the Artist, approving and coordinating installation. 5. The Town will provide, at no charge to Artist, a plaque on or near the Artwork identifying the Artist and Title of the Artwork. ARTICLE 2. DESIGN CHANGES 1. Final Design Proposal – Following execution of this contract, the Artist will, in consultation with Town staff when necessary, develop his original proposal into a Final Design Proposal that includes: 1) A working drawing or rendition of the proposed Artwork and the site, and a description of the materials to be used in the Artwork; and 2) Cost estimates for the design, fabrication, engineering, transportation, installation, and insurance. Public Works staff, or a committee thereof, shall review and approve the final design prior to execution. 2. Any significant change to the design of the Artwork, as approved pursuant to Article 2, Section 2.1 above, must be approved in writing by the Town. The Artist shall provide proposed changes in writing or graphic communication to the Town for review and approval. A significant change is considered to be any alteration which materially affects the approved design or installation. Minor changes do not require written approval. ARTICLE 3. COMPLETION DATE The Artist agrees to complete, deliver, and install the Artwork no later than (month, day, year). Liquidated Damages: If the Artist fails to complete the on-site installation of the Artwork by (month, day, year), a late fee of $100 per day will be levied, beginning on (month, day, year), and continuing at $100 per day for every day until the day the Artwork is successfully installed. This late fee will be deducted from the final payment due to the Artist. This late fee shall not apply to delays caused by the Town or acts of God. ARTICLE 4. ACCEPTANCE OF THE ARTWORK The Artwork will be deemed to be accepted by the Town after the following requirements have been satisfied: 1. The Artwork is completed, delivered, and installed in accordance with this Agreement and the approved design, and the Town has verified this; and 2. The Artist has delivered to the Public Works staff the following: a. An executed bill of sale; b. Written maintenance and care instructions; and c. An original signed Certificate of Authenticity. Public Art Policy 1/3/2024 Revisions: 1 Town of Estes Park, Public Works Page 17 of 29 ARTICLE 5. PAYMENT SCHEDULE The Town shall pay the Artist a fixed fee of $ _____________ that will constitute full and complete compensation for all services performed, materials furnished, and for the artistic value provided by the Artist under this Agreement. If the Artist is in compliance with the terms of this Agreement, then the Town will pay the Artist as follows: 1. First payment of $ (30% of the total cost of the Artwork) shall be made when this Agreement is signed by both parties, recognizing that the Artist will invest time and incur expenses in preparing the designs and purchasing materials as set forth in Article 1, Section 1.1(A). No invoice from the Artist is required. 2. Second payment of $ (30% of the total cost) shall be made to the Artist when the Artwork is 50% completed and reasonable proof of this, such as digital photographs, has been provided. The Artist will provide a written invoice for this payment. 3. Third payment of $ (30% of the total cost) when the sculpture is completed (but prior to transport) and reasonable proof of this has been provided. The Artist will provide a written invoice for this payment and digital photographs. 4. Fourth and final payment of $ (10% of the total cost) following installation and acceptance of the Artwork by the Town, as described in Article 4. The Town agrees to mail each payment described above within two (2) weeks of receiving an invoice from the Artist. ARTICLE 6. WARRANTY 1. The Artist represents and warrants that the design of the Artwork is unique and solely the result of the creative efforts of the Artist, and is wholly original with the Artist and does not infringe upon or violate the rights of any third party. 2. The Artist warrants that the Artwork is and shall remain free and clear of all liens, including mechanics liens and encumbrances of the Artist. 3. The Artist shall not duplicate or offer the same or materially similar Artwork for sale elsewhere within a 200-mile radius of Estes Park. 4. The Artist warrants that all work is performed in accordance with professional “workmanlike” standards, and fully guarantees the Artwork to be free from defective materials, products, and workmanship, for one year following the date of the Town’s final acceptance of the Artwork, as described above. During this period the Artist agrees to make necessary repairs to the Artwork, in a manner satisfactory to the Town, of any defect which is the result of faulty workmanship or materials. If within one year following the date of final acceptance, the Artist is unable or unwilling to make any necessary repairs, the Artist is responsible for reimbursing the Town for damages, expenses, or loss incurred by the Town as a result of having to complete such repairs. Public Art Policy 1/3/2024 Revisions: 1 Town of Estes Park, Public Works Page 18 of 29 The Artist is not responsible for damage to the Artwork caused by vandalism, acts of God, Town employees or contractors. ARTICLE 7. COPYRIGHT 1. The Artist expressly reserves the rights under common law or under the federal Copyright Act to control the making and dissemination of copies and reproductions of the Work that the court(s) in the venue of this Agreement afford to him, except as specified in Article 6 Section C. The Artist specifically agrees that the Town, and its commissions, agents, divisions, employees and officials may, without further approval from or compensation to the Artist, reproduce the Artwork graphically, in photographs, drawings, or computer-generated images for any Town business, including advertising, promotions, visitor and convention activities, and economic development activities. The Town agrees that whenever appropriate such graphic reproductions of the Artwork will include the Artist’s name, in such a manner and location as will comply with U. S. copyright law. 2. The Town acknowledges the existence of a 1990 federal law regarding Artist’s rights which limits the Town’s unilateral ability to modify the Artwork without advance notice to the Artist; however, the Artist agrees that the Artwork, and all components and elements thereof, are the property of the Town. The Artist agrees that after the warranty period described in 7.D. expires, the Town has the right to unilaterally, without Artist’s knowledge or consent, repair, remove, relocate, replace, sell, or store the Artwork. While it is the Town’s intent to permanently retain and maintain the Artwork as described herein, over time future citizens and Town Boards may determine that the Town should remove it or otherwise dispose of the Artwork, and the Town reserves that right. If the Town alters, modifies, or changes the Artwork, it will not thereafter represent the altered work as that of the Artist without his consent. 3. The Artist agrees to indemnify and hold the Town harmless from any and all liability arising out of the Artist’s violation or claim of violation by any person of any copyright or trademark infringement whether or not such claim(s) or suit(s) is(are) frivolous. ARTICLE 8. INDEMNIFICATION The Artist will indemnify and hold the Town harmless from all loss and liability (including attorney’s fees, court costs, and all other litigation expenses) for any infringement of the patent rights, copyright, trademark, and all intellectual property claims of any person or persons in consequence of the Town’s acceptance of the Artists work or the use by the Town, or any of its officers or agents, of articles or services supplied in the performance of the Agreement, whether or not such claim (s) is (are) frivolous. ARTICLE 9. DEATH OR INCAPACITY If the Artist becomes unable to complete the terms of this Agreement due to death or incapacitation, such death or incapacitation will not be considered a default of this Agreement on the part of the Artist; however, upon the happening of death or incapacity of the Artist, the Town is not obligated to proceed with this Agreement. Public Art Policy 1/3/2024 Revisions: 1 Town of Estes Park, Public Works Page 19 of 29 In the event of incapacity, the Artist may assign the Artist’s obligations and services under this Agreement to another artist of his choosing, but only with written approval of the Town. Alternatively, the Town may terminate this Agreement. In the event of the death of the Artist, this Agreement may terminate. The Artist’s executor shall deliver the Artwork, in whatever form and degree of completion it may be at the time, to the Town, along with all materials and supplies purchased for the Artwork’s fabrication, if not yet completed. The Town has the right to have the Artwork completed, fabricated, delivered, and installed by another artist or fabricator of their choosing; however, the Artist’s heirs shall retain the copyright to the Artwork and all rights under Article 8. ARTICLE 10. TERMINATION OF AGREEMENT The Town may terminate this Agreement if the Artist fails without cause to complete, deliver, and install the Artwork as stipulated in this Agreement. The exercise of a right to termination under this section shall be in writing and set forth the grounds for termination. If this Agreement is terminated under this section, the Artist is entitled to retain the 10% fee paid to him when the Agreement was executed, but shall return to the Town all other compensation paid to him under the terms of this Agreement within 30 days of the date of termination. If the Artist fails to return said Town funds, the Town shall have the right to take possession of the Artwork, in whatever form and degree of completion it may be at the time, and all materials and supplies purchased and obtained by the Artist for the Artwork, and the Town has the right to have the Artwork completed, fabricated, delivered, and installed by another artist or fabricator of their choosing. However, the Artist shall retain the copyright to the Artwork and all rights under Article 7. ARTICLE 11. WRITTEN NOTICE The parties agree that any notice required by this Agreement shall be given as follows, including notice of a change of address or change in the Town Representative: Town: __________________________________________________________ Artist: __________________________________________________________ ARTICLE 12. ENTIRE AGREEMENT The terms and provisions of this Agreement, including attachments and any amendments, represent the entire understanding of the parties with respect to the subject matter of this contract. No representations or warranties are made by the Artist or the Town except as herein set forth. The terms of this Agreement may only be altered or modified in writing and signed by both parties. ARTICLE 13. LAW AND VENUE The laws of the Town of Estes Park, Larimer County, Colorado, shall govern this Agreement. Any action arising out of or under this Agreement shall be brought in Larimer County, Colorado. Public Art Policy 1/3/2024 Revisions: 1 Town of Estes Park, Public Works Page 20 of 29 Signed: ______________________________________ Mayor, Town of Estes Park ____________________ Date ______________________________________ Artist ____________________ Date ATTEST: ________________________________________ Town Clerk Public Art Policy 1/3/2024 Revisions: 1 Town of Estes Park, Public Works Page 21 of 29 POLICY 880 – EXHIBIT B TOWN OF ESTES PARK ARTWORK DONATION FORM Thank you for your interest in donating a work of art to the Town of Estes Park. Art in Public Places is a vital component to the beauty and quality of life in our community. Please complete the information below to facilitate a thorough review of the proposed donation. In order to ensure the highest standards, aesthetic consistency, and proper maintenance, the decision to accept the donation rests with the Public Works Department. Public Works staff reserve the right to move or remove the piece from the permanent collection, if that becomes necessary, in the future. Please submit with this form: 1. Photographs or detailed drawings of the artwork 2. Documentation authenticating the purchase price or appraised value General Information Donor name (Individual/Organization/Business): Contact person (if different from above): Mailing Address: Phone Number & Email Address: Information About the Artwork Title of the Artwork: Name of the Artist: Mailing Address of Artist: Public Art Policy 1/3/2024 Revisions: 1 Town of Estes Park, Public Works Page 22 of 29 Description of media or materials used or to be used in artwork: Proposed Location of Artwork: Special Instructions (if any): When is the artwork available for installation? Year Completed: _______________ Purchase Price: _______________ Current Value: _______________ Dimensions: _______________ Weight: _______________ Long-term maintenance required: ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Does donation include the cost of site preparation, installation costs, concrete pad or pedestal (if necessary), or does it include money for these costs? YES NO If yes, please provide proposed budget amount: _______________ The undersigned is the owner of the artwork, free of all liens and encumbrances, and has the right to make this agreement. The undersigned herby agrees to donate the above described art work, with the following additional conditions (if any): Donor Signature & Date (Please print name after signature) Document Title Draft 1 1/3/24 Revisions: 0 Town of Estes Park, Public Works Page 23 of 29 Return this form and supporting documents to: Town of Estes Park Public Works Department 170 MacGregor Ave PO Box 1200 Estes Park, CO 80517 publicworks@estes.org Document Title Draft 1 1/3/24 Revisions: 0 Town of Estes Park, Public Works Page 24 of 29 POLICY 880 – EXHIBIT C TOWN OF ESTES ARTWORK LOAN AGREEMENT Artist Information Artist Name: Mailing address: Phone Number & Email Address: Description of Artwork Artwork #1 - Title: Medium: Price or Estimated Value: $______________ Dimensions (h-w-d): _______________ Weight (lbs): _______________ Artwork #2 - Title: Medium: Price or Estimated Value: $______________ Dimensions (h-w-d): _______________ Weight (lbs): _______________ Document Title Draft 1 1/3/24 Revisions: 0 Town of Estes Park, Public Works Page 25 of 29 Artwork #3 - Title: Medium: Price or Estimated Value: $______________ Dimensions (h-w-d): _______________ Weight (lbs): _______________ Information & Authorization I give the Town permission to photograph my art for temporary display on the Town’s website: Yes No Will hanging art require special installation or equipment other than regular wall hooks? Yes No Dates of the loan are ____________________ to ____________________. The artist understands and agrees to the terms and conditions contained in the Public Works Policy 880 Public Art Policy. Exhibits are attached to this agreement form. The artist understands that any insurance payment that might be made will be based upon an appraised value rather than a declared value. This constitutes the entire agreement between the parties. Artist’s Signature & Date (Please print name after signature) Return this form and supporting documents to: Town of Estes Park Public Works Department 170 MacGregor Ave. PO Box 1200 Estes Park, CO 80517 publicworks@estes.org Document Title Draft 1 1/3/24 Revisions: 0 Town of Estes Park, Public Works Page 26 of 29 POLICY 880 – EXHIBIT D TOWN OF ESTES PARK ART IN PUBLIC PLACES PROGRAM REQUEST FOR PROPOSALS (project name ) The Town of Estes Park Art in Public Places program enriches our community through public exposure to the arts. The AIPP program weaves public art into the everyday experience of our community and creates lasting impressions on those who experience it. It enhances our public spaces, compliments our award winning seasonal floral displays, and makes Estes Park a visitor destination for its natural beauty and its vibrant arts scene. Project Description and Scope ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________ Eligibility The project is open to any professional artist with demonstrated experience in creating signature artwork. Selection Process 1. From this Call, an Artist may be selected directly from the initial applications, or the artwork selection panel may elect to interview a limited number of finalists from among the initial applications based upon their conceptual drawings. 2. If multiple semi-finalists are selected, each semi-finalist will present a scaled maquette (sculpture pieces), or scale rendering (non-sculpture pieces), for the panel’s review. Semi-finalists may be required to develop more specific preliminary proposals prior to final selections. If so, a stipend will be paid. 3. A detailed budget will be required of artists selected as semi-finalists. The detailed budget must include all expenditures in connection with the execution of the project. (Prior to submitting a proposal, it is recommended that artists prepare such a budget to ensure the project can be executed as presented.) 4. One artist will ultimately be selected to develop their design and fabricate and install the artwork. 5. The artist will be required to carry general liability insurance in the amount of $_______________. 6. Town staff will oversee operations and administer the decisions of the jury panel. Document Title Draft 1 1/3/24 Revisions: 0 Town of Estes Park, Public Works Page 27 of 29 Submission Requirements All applications must be submitted through the Town website to publicworks@estes.org and must include: 1. A preliminary statement of approach for the project which communicates scope and scale 2. Previous accomplishment(s) with public art pieces of similar appropriate scale as shown in 5-10 images of artwork completed within the past five years. 3. The Artist’s conceptual image for the site, which must communicate the scope and scale of the submitted project (maximum number of conceptual images: 3) 4. Three (3) professional references Selection Criteria The primary criteria for selection: 1. Scope of Proposal: Does the proposal show an understanding of the project objective, appropriate scale and desired results? Does the artwork represent history/spirit of the Town? 2. Assigned Personnel: Do the person(s) working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 3. Availability: Can the work be completed in the contracted time and on-budget? Timeline All applications must be submitted to the Public Works Department by (month, day, year). Final completion date will be determined jointly by the Artist and the Public Works Department; however, the project must be started shortly after the contract has been awarded. Budget A maximum of $ (amount) has been allocated for the artwork to include all design, fabrication, insurance, installation, travel, contingency and incidental costs. The Town of Estes Park reserves the right to withdraw from the project prior to such time as a contract is formally entered into with the Artist. Contract provisions will apply subsequent to the agreement to such by both parties. Return this form and supporting documents to: Town of Estes Park Public Works Department 170 MacGregor Ave. PO Box 1200 Estes Park, CO 80517 publicworks@estes.org Document Title Draft 1 1/3/24 Revisions: 0 Town of Estes Park, Public Works Page 28 of 29 POLICY 880 – EXHIBIT E TOWN OF ESTES PARK ART IN PUBLIC PLACES PROGRAM REQUEST FOR PROPOSALS (project name ) The Town of Estes Park Art in Public Places program enriches our community through public exposure to the arts. The AIPP program weaves public art into the everyday experience of our community and creates lasting impressions on those who experience it. It enhances our public spaces, compliments our award winning seasonal floral displays, and makes Estes Park a visitor destination for its natural beauty and its vibrant arts scene. Project Description and Scope ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________ Eligibility The project is open to any professional artist with demonstrated experience in creating signature artwork. Selection Process 7. From this Call, an Artist may be selected directly from the initial applications, or the artwork selection panel may elect to interview a limited number of finalists from among the initial applications based upon their conceptual drawings. 8. If multiple semi-finalists are selected, each semi-finalist will present a scaled maquette (sculpture pieces), or scale rendering (non-sculpture pieces), for the panel’s review. Semi-finalists may be required to develop more specific preliminary proposals prior to final selections. If so, a stipend will be paid. 9. A detailed budget will be required of artists selected as semi-finalists. The detailed budget must include all expenditures in connection with the execution of the project. (Prior to submitting a proposal, it is recommended that artists prepare such a budget to ensure the project can be executed as presented.) 10. One artist will ultimately be selected to develop their design and fabricate and install the artwork. 11. The artist will be required to carry general liability insurance in the amount of $_______________. 12. Town staff will oversee operations and administer the decisions of the jury panel. Document Title Draft 1 1/3/24 Revisions: 0 Town of Estes Park, Public Works Page 29 of 29 Submission Requirements All applications must be submitted through the Town website to publicworks@estes.org and must include: 5. A preliminary statement of approach for the project which communicates scope and scale 6. Previous accomplishment(s) with public art pieces of similar appropriate scale as shown in 5-10 images of artwork completed within the past five years. 7. The Artist’s conceptual image for the site, which must communicate the scope and scale of the submitted project (maximum number of conceptual images: 3) 8. Three (3) professional references Selection Criteria The primary criteria for selection: 4. Scope of Proposal: Does the proposal show an understanding of the project objective, appropriate scale and desired results? Does the artwork represent history/spirit of the Town? 5. Assigned Personnel: Do the person(s) working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 6. Availability: Can the work be completed in the contracted time and on-budget? Timeline All applications must be submitted to the Public Works Department by (month, day, year). Final completion date will be determined jointly by the Artist and the Public Works Department; however, the project must be started shortly after the contract has been awarded. Budget A maximum of $ (amount) has been allocated for the artwork to include all design, fabrication, insurance, installation, travel, contingency and incidental costs. The Town of Estes Park reserves the right to withdraw from the project prior to such time as a contract is formally entered into with the Artist. Contract provisions will apply subsequent to the agreement to such by both parties. Return this form and supporting documents to: Town of Estes Park Public Works Department 170 MacGregor Ave. PO Box 1200 Estes Park, CO 80517 publicworks@estes.org