Loading...
Res 16-20 Approving a Contract with Mesa Planning to Create a Framework for a Town-Wide Public Art ProgramTOWN OF WESTLAKE RESOLUTION 16-20 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING A CONTRACT WITH MESA PLANNING WITH A SCOPE OF WORK FOR ESTABLISHING GOALS, OBJECTIVES, AND A FRAMEWORK FOR A TOWN -WIDE PUBLIC ART PROGRAM. WHEREAS, the Westlake Town Council (Town Council) has identified excellent quality of life as a strategic priority; and, WHEREAS, excellent quality of life emphasizes community aesthetics which includes public art; and, WHEREAS, the Town Council has determined that the Town's quality of life revolving around aesthetics and public art would benefit from re -constituting the Town's public art program; and, WHEREAS, the Town Council discussed at its March 28, 2016 retaining the services of public art expert Russell Tether via a contract with MESA Planning to accomplish this work on the Town's public art program; and WHEREAS, the Town Council is desirous of approving a contract for said work which is described in Exhibit A attached to this resolution WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: THAT, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: THAT, the Town Council of the Town of Westlake, Texas, hereby approves with this resolution the scope of services described in the attached Exhibit "A" to this resolution, approves an expenditure of up to $25,000 (unless this is later amended by Town Council to exceed that amount) for this scope of services, approves a $25,000 amendment to the FY 15-16 Town Budget (Visitors Association Fund) for this expenditure, and further authorizes the Town Manager to execute said scope of services agreement with MESA Planning for this engagement on behalf of the Town of Westlake. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the Resolution 16-20 Page 1 of 2 remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 23rd DAY OF MAY 2016. ATTEST: Kelly'Ed O Town Secretary APPROVED AS TO F Laura L. Wheat, ayor Thomas E. Brymer, To n Manager ttorne Resolution 16-20 Page 2 of 2 February 19, 2016 Tom Brymer, Westlake Town Manager 3 Village Circle Suite 202 Westlake, TX 76262 INTRODUCTION: Not since the great depression has the role of civic, state and national government been so important to the advancement of the arts. Although the media touts record prices for works of art at auction, and private museums are the new status symbol of the ultra -wealthy, the artists represented throughout these venues comprise less than 1/10 of 1% of all artists. Excessive costs are forcing galleries to close and others to show only well-known and more profitable artists. The public's voice in art is greatly diminished if not eliminated. Aspiring artists are forced to relinquish their creative freedom and just try to survive. It is these conditions that make the roll of public art initiatives so critical to our culture. When done properly, these programs provide competitive opportunities for aspiring artists and architects, as well as benefitting the community. Art and design initiatives can also engage the public, challenging them to take part in determining "what is art". Throughout history, it has been the public that ultimately determined what art is. The city of Westlake has a unique opportunity to create a stunning cultural and architectural landscape throughout the city. This could be accomplished by integrating public and private "life" spaces into a master plan which defines the parameters of each area yet ensures there is congruence with the city's goals and objectives. Ironically, this also benefits the artist because it provides them scale, scope and direction which they can use to create their visions for a particular space. Therefore, MESA -Planning and Russell Tether Fine Art (hereinafter the Consultant Team) have prepared the following proposal which seeks to establish Westlake as a Local/State/National example demonstrating the extent to which a well-established, well-managed, and inclusive Public Art Program can enrich Westlake's quality of life and quality of the physical city as well as make a significant contribution for advancement of the arts in the larger Dallas/ Ft. Worth Metroplex. SCOPE OF SERVICES Part One: Public Art in Westlake: At the outset, it is important to establish target objectives regarding what the Town is seeking through its Public Arts Program. There is a continued tendency for an art program to drift toward personal preference and popular notions of aesthetic. Therefore, a clear ROBIN.H.MCCAFFREY AIA.FAICP 11700 PRESTON.RD.STE.660-299 DALLAS.TX.75230 PH + 214.535.7484 rmccaffrev@mesa-planning.com Resolution 16-20 Page 1 of 9 MESA + PLANNING mission needs to be set in place at the beginning. This mission must be powerful and clearly stated so that it can be used to refresh the collective mind of those advancing this program. The following tasks explain how to formulate a Mission Statement and Goals/ Objectives for the Program. Task 1.1: Council/ Commission Work Session The Consultant Team will conduct a work session with the Westlake Town Council and Town Planning Commission (in a joint session) that addresses the following: a. A case study review of better Public Art programs, nationally b. A discussion of the various components of Public Art and how these would manifest in Westlake. Components include Art in Place, Art in Architecture, Public Monument, Art in Education, Art in the everyday experience, etc. c. Dialogue about the various components and case examples. Task 1.2: Westlake Public art Program Goals and Objectives Based on the outcomes of Task 1.1 (above) the Consultant Team will draft a set of Art Program goals and objectives for Westlake. These Goals and Objectives will be arranged according to the program components, also identified in the Task 1.1 Work Session. The Goals and Objectives will be distributed to Commission and Council for comment. Task 1.3: Mission Statement for the Westlake Public Art Program Based on the outcomes of Task 1.1 and Task 1.2, the Consultant Team will draft a Mission Statement for the Westlake Public Art Program which will serve to define its core purpose, the overarching outcome to which all other aspects of the program are subservient. The mission Statement will be distributed to the Town Commission and Council for review and comment. Task 1.4: Meetings with Major Land Owners and Developers: The Consultant Team firmly believes that the development community of Westlake will view a disciplined and targeted Public Art Program as a Town asset having broad respect in the market place. The partnership commitment of the land owners and developers is essential to a successful program. Therefore, the Consultant Team will meet with key land owners and active developers to share the Program Goals/ Objectives and Mission Statement as well as examples of how it is expected to work and gather their comment and inputs. Where the goals and objectives or mission statement needs to be refined or expanded, the Consultant will recommend appropriate amendments. Further the Consultant Team will make recommended modifications to the program concepts where the expectations of the program are a cause of concern or where the program expectations fall short of what can be accomplished. ROBIN.H.MCCAFFREY AIA.FAICP 11700 PRESTON.RD.STE.660-299 DALLAS.TX.75230 PH + 214.535.7484 rmccaffrey@mesa-planning.com Resolution 16-20 Page 2 of 9 MESA + PLANNING Part Two: The Public Art Framework Plan: Public Art in Westlake will occupy and define space as well as influence the form of development, depending on which aspect of the Public Art Program is being pursued. Therefore, it is important to identify where various program aspects will be promoted. For example, locations of monumental art needs to be targeted. The following Tasks seek to give spatial structure to the program, thereby creating a connection between Public Art and development of the Town. Task 2.1: Allocation of Art type and Program component thrust within the various Plan Elements of the Comprehensive Plan Art placement by type and program component focus will vary according to the Character Communities, the Street Types, the Open Space and Park types, and the Urban Design Structure as specified in the Westlake Comprehensive Plan (Forging Westlake, 2015). Therefore, each Plan Element of the 2015 Westlake Comprehensive Plan will be analyzed to identify opportunities for Public Art (consistent with the program Mission and Goals and Objectives). A summation of these "Public Art Opportunities" will be prepared by the Consultant Team. Further, the "Public Art Opportunities" will be prioritized according to the extent to which each opportunity contributes to accomplishing the stated goals and mission. Task 2.2: A Pubic Art Framework Plan Based on the products of Task 2.1, above, the Consultant Team will prepare a Public Art Framework Plan which assigns Art (by type) and program aspect (by type) to a base map showing the Land Use Character Communities, the Thoroughfares, and Parks/Open Space as presented in the Comprehensive Plan. This spatial allocation of the Public Art initiative will facilitate incorporation of the program into the development review/ site plan review processes of the Town. It will also make Public Art a Transactional consideration in the forthcoming Westlake TDSF Program. Part Three: The Public Art Program: The Public Art Program is broad undertaking which consist of Art (the works), Funding, and Program/Works Management. Promoting, Selecting, Acquiring, Placing, Maintaining, and Interpreting are all important activities conducted within a coherent management structure. Therefore, the Westlake Public Art Program must be built around the Mission it serves, the Goals and Objectives which guide it, and the opportunities for Art in the Town. The following tasks establish the various elements of the program which collectively comprise an effective approach to Public Art in Westlake. Task 3.1: Works The Consultant Team will prepare a recommended action agenda and/ or program structure for the various aspects of gathering, selecting, and implementing the Art works. These include: ROBIN.H.IVICCAFFREY AIA.FAICP 11700 PRESTON.RD.STE.660-299 DALLAS.TX.75230 PH + 214.535.7484 rmccaffrey@mesa-planning.com Resolution 16-20 Page 3 of 9 ESA + PLANNING a. Public Art Competition: The Consultant Team will layout an organizational structure, action agenda, operational guide, governance, and procedures for a Westlake Public Art Competition. This competition will place Westlake at the center of art activity in the Metroplex (perhaps the State) and create an interface between artists (established and establishing), art interests/ institutions, and the Competition leadership that will avail a broad choice of work options to the Town and give Westlake's Pubic Art Program the credibility it needs to effectively fulfill its mission. b. Art in Architecture: The Consultant Team will layout an organizational structure, action agenda, operational guide, governance, and procedures for a Westlake Public "Art -in -Architecture" Program. This program will seek to include artists in the design of the Town's built fabric so that art becomes more integral and more a part of one's everyday experience. An example of this is what DART has done with the design of its Transit Stations. c. Donations: The Consultant Team will layout an organizational structure, action agenda, operational guide, governance, and procedures for seeking work donations at appropriate places within the Framework plan. d. Acquisitions: The Consultant Team will layout an organizational structure, action agenda, operational guide, governance, and procedures for on-going Art Acquisitions. Task 3.3: Funding The Consultant Team will identify funding opportunities for various types of Art and develop a funding strategy which considers: a. Public Funding Mechanisms, including TIF or PID. b. Corporate Sponsorship, including how to manage an on-going corporate sponsorship effort. c. Endowment, including how to manage an on-going endowment effort. d. Grants, identifying available grant opportunities e. Program generated fees and income, identifying opportunities to generate revenue within the program (such as special events, interpretation, etc.) f. A Public Art Fund, the setting up of a fund repository serving the Westlake Public Art Program. g. Assumption of Private exposure, includes private land owner contribution to the public fund equal to a "normal" private investment in project art that limits the land owner's exposure to further cost associated with the Public Art Program. Task 3.4: Works Management The Consultant Team will prepare a program management manual that considers the following: a. Placement: identifies procedures and criteria by which selected works are placed within the City b. On-going Maintenance: identifies maintenance procedures associated with works by type and the responsible maintaining party. ROBIN.H.MCCAFFREY AIA.FAICP 11700 PRESTON.RD.STE.660-299 DALLAS.TX.75230 PH + 214.535.7484 rmccaffrey@mesa-planning.com Resolution 16-20 Page 4of9 MESA + PLANNING c. Curator: identifies management and operation responsibilities of Westlake's overall Public Art Collection when such collection is established at an appropriate level. d. Interpretation: identifies various means by which the Artworks of Westlake can be accessed and appreciated by full time residents, day time residents, and visitors to the Town. Task 3.4: On-going Support A structure for the on-going assistance and advise of the certain members of the Consultant Team in order to facilitate launch and operation of the Program in its early stages. FEES Work on this scope of services will be billed on an hourly basis. Hourly charges will not exceed $25,000 without approval of the Client. The not to exceed budget of $25,000 is not a maximum for completion of the tasks described herein but meant to provide a basis for starting the work described herein. The total fee required to complete all tasks can be better determined after the consultant team is able to access various levels of public and private participation, budgets, and timeframes. Hourly fees shall be charged in accordance with the following fee schedule: Senior Principal (Robin McCaffrey) $120.00 Principal (Ashley Shook) $100.00 Art and Art Program Coordinator Russell Tether) $120.00 CONDITIONS The following is listing of contractual conditions that apply to this proposal: 1. The Client will provide the following: a. All planning documents and studies b. Available base maps, surveys, deed restrictions and/or legal obligations associated with the project area c. Historic photographs d. Information regarding pending and/or proposed projects 2. Not included in this proposal are the following: a. Construction drawings or art designs b. Engineered drawings and/or cost estimates c. Legal services/ reviews d. Cost of art acquisition e. Liabilities associated with Art Installation ROBIN.H.MCCAFFREY AIA.FAICP 11700 PRESTON.RD.STE.660-299 DALLAS.TX.75230 PH + 214.535.7484 rmccaffrey@'mesa-planning.com Resolution 16-20 Page 5 of 9 ESA + PLANNING 3. This Agreement may be terminated by either party at any time by a notice to the other party, in writing, which termination shall be effective upon receipt. If such termination shall occur without fault or breech by MESA Planning, MESA Planning shall be entitled to be paid for services authorized by the Client up to the time of termination, the products of which shall be provided to the Client, in keeping with the terms of service contained in this Agreement. Owner will be responsible for payment of all Consultant fees and reimbursables expended through the date of termination. 4. MESA Planning may subcontract consultants in the performance of any services described in this agreement (with Client approval). 5. Compensation for all services shall be paid in Dallas, Dallas County, Texas. 6. Invoice Schedule: Billing will be on a progress basis at the end of each month. 7. Terms: Payments are due within a maximum of 45 days from receipt of invoice. 8. If the client fails to make payments to MESA Planning in accordance with this agreement, such failure shall be considered substantial non-performance and cause for termination or, at MESA Planning's option, cause for suspension of performance of service under this agreement. If MESA Planning elects to suspend service, prior to suspension of services, MESA Planning shall give seven (7) days written notice to the client. In the event of a suspension of services, MESA Planning shall have no liability to the client for delay or damage caused to the client because of such suspension of services. Client agrees to hold MESA Planning harmless from and completely indemnify MESA Planning from and against any and all damages, costs, attorney's fees, and/or other expenses which MESA Planning may incur as a result of any claim by any person or entity arising out of such suspension of work. Before resuming services, MESA Planning shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of MESA Planning's services. 9. The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as Architects in Texas. Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas 78711-2337; tele: 512.305.9000; fax: 512.305.9005; e- mail: www.tbae.state.tx.us. 10. LIMITATION OF LIABILITY: To the maximum extent permitted by law, the Client agrees to limit MESA Planning's liability for the Client's damages to the sum of MESA Planning's fees indicated in this proposal. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. ROBIN.H.MCCAFFREY AIA.FAICP 11700 PRESTON.RD.STE.660-299 DALLAS.TX.75230 PH + 214.535.7484 rmccaffrey@mesa-planning.com Resolution 16-20 Page 6 of 9 MESA + PLANNING 11. By making visits to the site, MESA Planning is not assuming the responsibilities of the artist, builder, Construction Manager, Construction Superintendent or any of their agents or subcontractors. 12. Plans, drawings and specifications or other writings or documents prepared or provided by MESA Planning hereunder are prepared as instruments of service for this Project only, but may be used by MESA Planning for purposes of illustrating the scope and nature of project involvement for business development purposes. MESA Planning shall provide Client with a reproducible set of drawings and text for its records. MESA Planning shall not provide processes or mechanisms that are proprietary in nature and part of the intellectual property of MESA Planning. 13. It is expressly understood and agreed that MESA Planning shall not have control of, or charge of, or be responsible for construction, means, methods, techniques, sequences or procedures, or for safety precautions or programs in connection with the Project or for the acts or omissions of any contractor, subcontractor or other persons performing work for the Site, and the Client shall indemnify MESA Planning and hold MESA Planning harmless from and against any and all claims, demands, losses, costs, liabilities and damages including, without limitation, reasonable attorney's fees and expenses, incurred by MESA Planning and arising out of or related to any of the aforesaid. 14. Notwithstanding any other provision of this Agreement, MESA Planning and MESA Planning's sub -consultants shall have no responsibility for the discovery, presence, handling, removal, disposal or exposure of persons to hazardous materials in any form at the project site, including but not limited to asbestos, asbestos products, mold, polychlorinated biphenyl (PCB) or other toxic substances. 15. During the term of this Agreement, MESA Planning shall maintain: Professional liability insurance in an amount not less than $1,000,000 per occurrence and $1,000,000 annual aggregate. 16. MESA Planning shall indemnify and hold the Client harmless from and against any and all loss, claims, actions, damages, liability and expense in connection with loss of life, personal injury, damage to property or any other loss or injury arising directly from or out of the negligent performance of the Work. MESA Planning shall not be required, however, to indemnify any party against a claim arising from the willful misconduct or negligence of that party. 17. Should any provision contained in this Agreement for any reason be held to be void, invalid, illegal or unenforceable, such determination shall not affect any other provision hereof, and this Agreement shall be considered as if the entirety of such void, invalid or unenforceable provision had never been contained in this Agreement. ROBIN.H.MCCAFFREY AIA.FAICP 11700 PRESTON.RD.STE.660-299 DALLAS.TX.75230 PH + 214.535.7484 rmccaffrev@mesa-planning.com Resolution 16-20 Page 7 of 9 ESA + PLANNING 18. In the event disputes are not satisfactorily resolved through informal discussions, the Client and MESA Planning agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non-binding mediation. In the event that the parties to this Agreement are unable to reach a settlement through mediation, then such disputes shall be settled through litigation, in a court of competent jurisdiction. 19. This Agreement shall be administered and interpreted under the laws of the State of Texas. Exclusive venue shall lie in any court of competent jurisdiction located in a mutually agreed upon venue. 20. All notification to either party by the other that is required under this Agreement shall be personally delivered or mailed to such party at the following respective addresses: Accepted: Tom Brymer Town Manager Town of Westlake 3 Village Circle Suite 202 Westlake, TX 76262 7-01( Town of Westlake by To rymer, Town Manager Mesa Planning by Robin H. McCa Jey FAICP, AISA Ashley Shook and Robin McCaffrey MESA Planning 11700 Preston Road, Suite 660-299 Dallas, Texas 75230 Phone: 214-543-9557 5/21//b Date Date R©6IN.H.MCCAFFREY AIA.FAICP 11700 PRESTCN.RD.STE.660-299 DALLAS.TX.75230 PH + 214.535.7484 rmccaffrev@mesa-planning.com Resolution 16-20 Page 8 of 9 RO0N�MC[AFFREYAL4.EA|[P I1700PRESTON.KD.3TE660'I99 DALLA5.TXJ5230 PH+Zl4.5367484 rmccaffrey@mesa-planning.com Resolution 16-20 Page 9 of 9 CERTIFICATE OF INTERESTED PARTIES FORM 1.295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-56414 Date Filed: 05/16/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Mesa Planning dallas, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Town of Westlake, Westlake Texas 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 2016-04 Establish goals, objectives and a framework for the public art program in Westlake 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or aft' - . der ... 1, •' perju, that the above disclosure is true and correct. ' ,,.,„0177;';;"-,„ KELLY EDWARDS 'Z'i Notary Public • ; A#7. *; STATE OF TEXAS € / , • jc,' a/ k.:ate. �T f o f .!..7/ myNot I F12408211,68-3. �'�•-,,,,,, � 2ebruary 3&2018 Signature .f�uthorized of business 9 agentcontracting entity AFFIX NOTARY STAMP / SEAL ABOVE 1_ 1 • Sworn to and subscribed before me, by the said sC l7►Jj l M Ca.4re, A , this the 11 TrI day of M a'M , 201Q__, , to certify which, i t witness my hand and seal of office. r � l� P I I G J D VJn (ri I ovJ Me C��i a2v Si nature ` fficer administering oath Printed nary of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 Controlling Name of Interested Party4 Nature of interest City, State, Country (place of business) Intermediary (check applicable) CERTIFICATE OF INTERESTED PARTIES 1295FORM 1 of 1 1 OFFICE USE ONLY 2 05/16/2016 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. Name of business entity filing form, and the city, state and country of the business entity's place of business. Mesa Planning dallas, TX United States Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 3 Town of Westlake, Westlake Texas Establish goals, objectives and a framework for the public art program in Westlake 2016-04 2016-56414 06/03/2016 Date Filed: Date Acknowledged: Certificate Number: CERTIFICATION OF FILING Signature of officer administering oath 6 AFFIX NOTARY STAMP / SEAL ABOVE Signature of authorized agent of contracting business entity Title of officer administering oath I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Sworn to and subscribed before me, by the said _____________________________________, this the ____________ day of ______________, 20________, to certify which, witness my hand and seal of office. AFFIDAVIT Printed name of officer administering oath Check only if there is NO Interested Party.5 X Version V1.0.1021www.ethics.state.tx.usForms provided by Texas Ethics Commission