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HomeMy WebLinkAbout2024-08-05 I15A Public Art Contract_ArtistAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: August 5, 2024 AGENDA ITEM:Authorizing the Contract with Artist Joshua Wiener for Public Art Project “A Walk in the Park” FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: In January 2024, the Waukee Public Art Advisory Commission (PAAC) issued a call to artists to consider an art installation near the pond at the intersection of Tallgrass Lane and Grand Prairie Parkway. After considering proposals from four artists, it selected Joshua Wiener’s work ‘A Walk in the Park.” The City later applied and was awarded a $50,000 public art grant from Bravo Greater Des Moines for this project. According to the timeline in Exhibit A, project design will begin immediately with fabrication to take place during the winter of 2024. Installation is planned to occur in the late Spring/Summer 2025. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: After considering the Bravo grant, the City has budgeted a sufficient amount to cover the remaining $100,000 in project expense. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Staff would recommend approval of the resolution. ATTACHMENTS: I. Proposed Resolution II. Professional Services Agreement- Joshua Wiener PREPARED BY: Nick Osborne, Assistant City Administrator REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I15A THE CITY OF WAUKEE, IOWA RESOLUTION 2024- RESOLUTION AUTHORIZING THE CONTRACT WITH ARTIST JOSHUA WIENER FOR PUBLIC ART PROJECT “A WALK IN THE PARK” IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Iowa is a duly organized municipality within Dallas County; AND, WHEREAS, the City of Waukee developed the Waukee Public Art and Culture Plan in 2023 and; AND, WHEREAS, the Public Art Advisory Commission (PAAC) held a call to artists in January 2024 and identified the location of the artwork as the pond and surrounding area at the intersection of Tallgrass Lane and Grand Prairie Parkway; AND, WHEREAS, the PAAC selected “A Walk in the Park” by Joshua Wiener with a budget of $150,000 and description in Exhibit A of the contract; AND, WHEREAS, Bravo Greater Des Moines awarded this project a public art grant worth $50,000 and the remainder of the cost will be covered with budgeted city funds. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 5h day of August 2024, that the public art contract with Joshua Wiener is approved. BE IT FURTHER RESOLVED that the Mayor is authorized to execute any and all documents to effectuate the referenced contract. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN R. Charles Bottenberg Chris Crone Rob Grove Anna Bergman Pierce Ben Sinclair 1 CITY OF WAUKEE, PUBLIC ARTS ADVISORY COMMISSION PUBLIC ART PROGRAM A Walk in the Park – Permanent Artwork PROPOSAL AND PROJECT IMPLEMENTATION AGREEMENT BY AND BETWEEN OWNER AND ARTIST THIS AGREEMENT is made on August 5, 2024_, between the City of Waukee, a municipal corporation, acting on behalf City of Waukee, Public Arts Advisory Commission (“City”) and Joshua Wiener (“Artist”). The City's Representative shall be the Director of Parks and Recreation or their designee. WHEREAS, the City desires to commission and acquire a site-specific public work of art (“Public Work of Art”) for the community of Waukee, Iowa, to be installed along the trail that is adjacent to Tall Grass Pond in Waukee; WHEREAS, the City desires the Artist to design, engineer and construct the Public Work of Art in the Artist’s unique style, and expressed with community engagement. NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties agree as follows: Article 1. Scope of Services 1.1 General a. The Artist shall perform all services and furnish all supplies, materials and equipment as necessary for the design, execution, fabrication, transportation and installation of the Public Work of Art at the site. Artist agrees to meet with the Public Arts Advisory Commission, Project Work Group, and City staff (collectively “Project Team”) as necessary throughout all stages of the A Walk in the Park project. b. The Artist shall determine the artistic expression, scope, design, color, size, material, and texture, of the Public Work of Art, subject to review and acceptance by the City’s Representative as set forth in this Agreement. c. It is the intent of the parties that the City’s Representative and the Artist establish a close and cooperative consultation throughout the duration of this Agreement. 1.2 Proposal a. The City of Waukee acknowledges receipt of a proposal titled “A Walk in the Park” dated January 26, 2024 with a total budget of $150,000. Exhibit A. 1.3 Design Review a. Within sixty (60) days after the execution of this agreement, the Artist shall, after consultation and collaboration with the Project Team, prepare and submit to the City’s Representative detailed working drawings of the Public Work of Art and the site, together with such other graphic materials as may reasonably be requested by the City’s Representative including certification that the Public Work of Art is in compliance with applicable statutes, ordinances, regulations or requirements of any governmental agency having jurisdiction over the project. The Artist shall be responsible for contracting with a structural engineer to certify the 2 design of all footings and other structural components of the Public Work of Art. Upon request by the Artist, the City’s Representative shall promptly furnish all information, materials, and assistance required by the Artist in connection with said submission. b. The City may require the Artist to make such revisions to the Proposal as are necessary for the Public Work of Art to comply with applicable statutes, ordinances, regulations or requirements of any governmental regulatory agency having jurisdiction over the Project. c. The City may also require revisions for other practical (non-aesthetic) reasons. d. Any additional redesign fees must be agreed upon by both parties prior to work being initiated. e. Within 30 days after its receipt of the Artist’s submission pursuant to this Section 1.3, the City’s Representative shall notify the Artist of its approval or disapproval of such submission and of all revisions made in the detailed working drawings as a result thereof. Revisions made pursuant to the Section 1.3 become part of the Proposal. f. Upon approval of the Proposal and all detailed working drawings, the City shall become owner of all the studies, sketches, drawings, paintings, diagrams, working drawings, graphic material, and models or related products as presented in the Proposal to the Public Arts Advisory Commission and Project Team. 1.4 Execution of the Work a. The Artist shall complete installation of the Public Work of Art by a date mutually agreed upon by the Artist and the City but no later than July 1, 2025. After written approval of the submissions and revisions made pursuant to Section 1.3, the Artist shall furnish the City’s Representative a tentative schedule for completion of fabrication and installation of the Public Work of Art, including a schedule for the submission of progress reports, if any. After written approval of the schedule by the City Representative, the Artist shall fabricate, transport and install the Public Work of Art in accordance with such schedule. Such schedule may be amended by written agreement between the City’s Representative and the Artist. b. The City shall have the right to review the Public Work of Art at reasonable times during the fabrication thereof. The Artist shall submit to the City Representative progress reports in accordance with the schedule provided for in Section 1.4 (a) c. The Artist shall be responsible for obtaining any and all permits from any governmental regulatory agency required to perform any aspect of the fabrication and installation of the Public Work of Art. d. The Artist shall complete the fabrication and installation of the Public Work of Art in substantial conformity with the Proposal, detailed working drawings, and approved schedule. e. The Artist shall present to the City’s Representative in writing for further review and approval any significant changes in scope, design, color, size, material or texture of the Public Work of Art not permitted by or not in substantial conformity with the Proposal or detailed working drawings. A significant change includes, but is not limited to, any change in scope, design, color, size, material, texture or location of the site of the Public Work of Art which affects installation, scheduling, site preparation or maintenance for the Public Work of Art or the concept of the Public Work of Art as represented in the Proposal. 1.5 Delivery and Installation a. The Artist shall notify the City’s Representative in writing when the fabrication of the Public Work of Art is complete and the Artist is ready for its delivery and installation at the site. 3 b. The Artist agrees to notify the City’s Representative, no fewer than thirty (30) days prior to the Artist’s intended time of delivery to determine the particulars of delivery including time, location and agent designated by the City. c. The Artist shall deliver and install the completed Public Work of Art at the site in compliance with the schedule approved pursuant to Section 1.4(a). d. The Artist shall be responsible for all expenses, labor, and equipment to prepare the site for the timely installation of the Public Work of Art, including footings, electrical, and mounting devices. The Artist and the City shall confer about lighting design and discuss additional budget options prior to implementation. 1.6 Post-Installation a. Within (thirty) 30 days after the installation of the Public Work of Art, the Artist shall furnish the City’s Representative with the following photographs/images of the Public Work of Art: (i) a minimum of twenty-four (24) images which document the process and development of the Public Work of Art from community engagement to beginning fabrication through completion of installation. Images must be 600 dpi, and suitable for electronic and print publication. (ii) a minimum of twelve (12) images of the completed and installed Public Work of Art, taken from at least three different viewpoints; b. The abovementioned photographs shall become the property of the City to be used at the City’s discretion. c. The Artist shall be notified of any dates and times for Public Work of Art dedication or presentation ceremonies relating to the Public Art Program and will be required to attend one such event. The City shall not be required to pay the Artist’s expenses to attend any such ceremonies. d. The City’s Representative shall use its best efforts to arrange for publicity for the completed Public Work of Art in such publications as may be determined between the City’s Representative in consultation with the Artist as soon as practicable following installation. e. Upon installation of the Public Work of Art, the Artist shall provide to the City’s Representative comprehensive written final instructions for appropriate maintenance and preservation of the Public Work of Art. 1.7 Final Acceptance a. The Artist shall advise the City’s Representative in writing when all services required by Article 1, including those described in Section 1.6 have been completed in substantial conformity with the Proposal. b. The Public Work of Art shall be examined by the City’s Representative directly following receipt of written notice from the Artist. c. The City’s Representative shall give the Artist written notice specifying and describing any services which have not been completed. Once the City’s Representative determines all services to be complete and in substantial conformity with the Proposal, the City’s Representative shall notify the Artist in writing of the City’s final acceptance of the Public Work of Art. 1.8 Risk of Loss 4 The risk of loss or damage to the Public Work of Art shall be borne by the Artist until final acceptance by the City, and the Artist shall take such measures as are necessary to protect the Public Work of Art from loss or damage until final acceptance. 1.9 Indemnity The Artist agrees to defend, indemnify, and hold harmless the City from any liabilities, willful or non-willful acts of negligence by the Artist or the Artist’s subcontractors or agents, for any loss, theft, mutilation, vandalism or other damage (including that caused by acts of God) that may befall the Public Work of Art during any activities related to the planning, creation, delivery or installation of the Public Work of Art, or for any failure of warranty as described in Article 4. To the fullest extent permitted by law, Artist agrees to defend, pay on behalf of, indemnify, and hold harmless the City, its elected and appointed officials, employees, volunteers, and others working on behalf of the City against any and all claims, demands, suits, or losses, including any and all outlays and expenses connected therewith, and for any damages which may be asserted, claimed, or recovered against or from the City, its elected and appointed officials, employees, volunteers or others working on behalf of the City, by reason of personal injury, including bodily injury or death, and property damages, including loss or use thereof, which arises out of or is in any way connected or associated with the products, work and/or services provided by Artist to the City pursuant to the provisions of this Agreement. It is the intention of the parties that the City, its elected and appointed officials, employees, volunteers or others working on behalf of the City shall not be liable or in any way responsible for injury, damage, liability, loss or expense incurred by Artist, its officers, employees, subcontractors, and others affiliated with Artist due to accidents, mishaps, misconduct, negligence, or injuries either in person or property resulting from the work and/or services performed by Artist pursuant to the provisions of this Agreement, except for and to the extent caused by the negligence of the City. Artist expressly assumes full responsibility for any and all damage or injuries which may result to any person or property by reason of or in connection with the product, work and/or services provided by Artist to the City pursuant to this Agreement, and agrees to pay the City for all damages caused to the City premises resulting from the activities of Artist, its officers, employees, subcontractors, and others affiliated with Artist. Artist represents that its activities pursuant to the provisions of this Agreement will be performed and supervised by adequately trained and qualified personnel, and Artist will observe and cause its officers, subcontractors and others affiliated with Artist to observe all applicable safety rules. 1.10 Title Title to the Public Work of Art shall pass to the City upon final acceptance. Article 2. Compensation and Payment Schedule 2.1 Fixed Fee The City shall pay the Artist a fixed fee of $150,000 which shall constitute full compensation for all fees, services, expenses, and materials to be performed and furnished by the Artist under this agreement. The fee shall be paid in the following installments, expressed as percentages of such fixed fee, each installment to represent full and final, non-refundable payment for all services, expenses, and materials provided prior to the due date thereof. The Artist shall invoice the City for each payment request. 5 a. Ten percent (10%) within thirty (30) days after the execution of this agreement. b. Sixty percent (60%) within sixty (60) days after the City’s Representative notifies the Artist of its approval of the submission of detailed working drawings required under Section 1.3 c. Twenty percent (20%) within thirty (30) days after the Artist notifies the City that the Public Work of Art is fabricated and ready for installation at the site. Artist must provide photographs of the work of art confirming that the final product is in substantial compliance with the proposal. d. Ten percent (10%) within thirty (30) days after final acceptance. If the Artist selects to utilize the City’s services and materials during installation, fees for those services and materials shall be deducted from the final payment due the Artist. 2.2 Artist’s Expenses The Artist shall be responsible for the payment of all copies of drawings and documents, mailing or shipping charges on submissions to the City’s Representative, the cost of transporting the Public Work of Art to the site and the costs of all travel by the Artist and the Artist’s agents and employees necessary for the proper performance of the services required under this agreement. Article 3. Time of Performance 3.1 Duration The services to be required of the Artist as set forth in Article 1 shall be completed in accordance with the schedule for completion of the Public Work of Art as proposed by the Artist and approved by the City’s Representative pursuant Section 1.4, provided that such time limits may be extended or otherwise modified by written agreement between the Artist and the City’s Representative. 3.2 Construction Delays If, when the Artist completes fabrication or procurement of the Public Work of Art in accordance with the approved schedule and notifies the City that the Public Work of Art is ready for installation, the Artist is delayed from installing the Public Work of Art within the time specified in the schedule as a delay on the part of the City, the City shall provide storage, or reimburse the Artist for reasonable transportation and storage costs incurred for the period between the time provided in the schedule for commencement of installation and the date upon which the Public Work of Art can be installed. 3.3 Early Completion of Artist’s Services The Artist shall bear any transportation and storage costs resulting from the completion of the Artist’s services prior to the time provided in the schedule for installation. 3.4 Time Extensions The City’s Representative may grant a reasonable extension of time to the Artist in the event that there is a delay on the part of the City in performing its obligations under this Agreement, or if conditions beyond the Artist’s control or Acts of God render timely performance of the Artist’s services impossible or unexpectedly burdensome. The Artist shall grant a reasonable extension of time to the City in the event that there is a delay on the part of the City in performing its obligations under this Agreement, or if conditions beyond the City’s control or Acts of God render timely performance of the City’s obligations impossible or unexpectedly burdensome. 6 Failure to fulfill contractual obligations due to conditions beyond either party's reasonable control will not be considered a breach of Agreement provided that such obligations shall be suspended only for the duration of such condition. Article 4. Warranties 4.1 Warranties of Title The Artist represents and warrants that: (a) the Public Work of Art is solely the result of the artistic effort of the Artist; (b) except as otherwise disclosed in writing to the City’s Representative, the Public Work of Art is unique and original and does not infringe upon any copyright; (c) that the Public Work of Art, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the Public Work of Art is free and clear of any liens from any source whatever. 4.2 Warranties of Quality and Condition The Artist represents and warrants, except as otherwise disclosed to the City in writing in connection with the submission of the Proposal and pursuant to Article 1 that: (a) the execution and fabrication of the Public Work of Art will be performed in a high-quality workmanlike manner; (b) the Public Work of Art, as fabricated and installed, will be free of defects in material and workmanship, including any defects consisting of inherent vice or qualities which cause or accelerate deterioration of the Public Work of Art; and (c) comprehensive maintenance and preservation instructions to be submitted by the Artist to the City’s Representative hereunder, shall adequately maintain and preserve the Public Work of Art. The warranties described in this Article 4 shall survive for a period of five years after the final acceptance of the Public Work of Art. The City shall give notice to the Artist of any observed breach with reasonable promptness. The Artist shall, at the request of the City, and at no cost to the City, cure reasonably and promptly the breach of any such warranty which is curable by the Artist and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the Public Work of Art). Article 5. Insurance 5.1 The Artist and all employees of the Artist shall each effect and maintain insurance to protect the Artist from claims under workers compensation acts; claims for damages because of bodily injury including personal injury, sickness or disease, or death of any of their employees or of any person other than their employees; and from claims for damages because of injury to or destruction of tangible property; including loss of use resulting therefrom; and from claims arising out of their performance of professional services caused by errors, omissions, or negligent acts for which the Artist is legally liable. 5.2 All certificates of insurance required in this Article 5 shall state that thirty (30) days written notice will be given to the City before the policy is canceled or changed. All certificates of insurance shall be delivered to the City’s Representative prior to the time that any operations under this Agreement are started. 5.3 All certificates of insurance required in this Article 5 shall be written by an insurance company authorized to do business in the State of Iowa. Before providing any services, the Artist 7 shall furnish an insurance certificate to the City, showing adequate insurance to be in force. Any subcontractors utilized shall be subject to the same insurance requirements. 5.4 The required insurance shall include: a. Commercial General Liability Including coverage for premises and operations, independent contractors, products & completed operations, contractual liability, explosion, collapse and underground hazards (XCU), personal injury/advertising injury. The City shall be named as additional insured on a primary and non- contributory basis, including waiver of subrogation in favor of the City. Bodily Injury & Property Damage - Each Occurrence $1,000,000 Personal Injury & Advertising Injury - Per Person $1,000,000 General Aggregate on the Above $2,000,000 Products & Completed Operations General Aggregate $2,000,000 Fire Damage Limit $100,000 Medical Expense Limit $5,000 b. Business Automobile Liability Insurance Including coverage for all owned, non-owned and hired automobiles with limits of liability not less than the following. The limit can be satisfied by providing a primary policy or in combination with an excess liability policy. The City shall be named as additional insured on a primary and non-contributory basis, including waiver of subrogation in favor of the City. Bodily Injury & Property Damage – Each Accident $1,000,000 c. Workers Compensation and Employers Liability As required by any applicable law or regulation. Part 1- Workers Compensation Benefits Statutory d.Employers Liability Bodily Injury Each Accident $100,000 Bodily Injury by Disease Policy Limit $300,000 8 Bodily Injury by Disease Each Employee $100,000 e.Umbrella Liability The Artist will maintain umbrella liability insurance on an occurrence basis in excess of the general liability, automobile liability and employer’s liability insurance described above which is at least broad as all underlying policies. The City shall be named as additional insured on a primary and non-contributory basis, including waiver of subrogation in favor of the City. Each Occurrence Limit $1,000,000 Aggregate Limit $1,000,000 f. Property Insurance The Artist will insure the artwork against loss or damage until final acceptance by the City of Waukee Article 6. Reproduction Rights 6.1 General The Artist retains all rights under the Copyright Act of 1976, 17 U.S.C., 101 et. seq., and all other rights in and to the Public Work of Art except ownership and possession, except as such rights are limited by this Section 6.1. In view of the intention that the Public Work of Art in its final dimension shall be unique, the Artist shall not make any additional duplicate reproductions of the final Public Work of Art, nor shall the Artist grant permission to others to do so except with the written permission of the City. The Artist grants to the City and its assigns a royalty-free, irrevocable license to make two dimensional reproductions of the Public Work of Art for educational and/or non-profit purposes, including but not limited to reproductions used in advertising, calendars, posters, brochures, clothing, media, publicity, catalogues, city, educational and development projects, or other similar publications, provided that these rights are exercised in a professional manner, which license shall be assigned by the City without the consent of the Artist. 6.2 Notice All reproductions by the City shall contain a credit to the Artist and a copyright notice substantially in the following form: ____________, date of publication. 6.3 Credit to Owner The Artist shall give a credit reading substantially, "An original public work of art commissioned for A Walk in the Park, City of Waukee, Public Arts Advisory Commission. In the permanent Collection, Public Arts Advisory Commission, Waukee, Iowa" in any public showing under the Artist’s control of reproductions of the Public Work of Art. 6.4 Registration The Artist shall cause to be registered, with the United States Register of Copyrights, a copyright of the Public Work of Art in the Artist’s name. 9 Article 7. Identification and Artist’s Rights 7.1 Identification The Artist shall incorporate into the Public Work of Art text or plaque at the site identifying the Artist, the title of the Public Work of Art, the year of completion, and the City of Waukee, Public Arts Advisory Commission. The final wording shall be mutually agreed upon by Artist and City’s Representative. 7.2 Maintenance The City recognizes that maintenance of the Public Work of Art on a regular basis is essential to the integrity of the Public Work of Art. The City shall reasonably assure that the Public Work of Art is properly maintained and protected, taking into account the instructions of the Artist provided in accordance with Section 1.6 (e). 7.3 Alteration of the Public Work of Art or of the Site a. Except as provided under subsection 7.3(b), below, the City agrees that it will not intentionally damage, alter, modify or change the Public Work of Art without giving written notice to the Artist. b. The City reserves the right to alter the location of the Public Work of Art; relocate the Public Work of Art to another site; and remove the Public Work of Art from public display as necessitated by City Development and Planning, or as the City determines as appropriate. The following provisions shall apply to relocation or removal: (i) While the City shall attempt to remove Public Work of Art in such a way as to not affect the Public Work of Art, it is the parties understanding that such removal may result in damage, alternation, modification, destruction, distortion or other change of the Public Work of Art. The Artist acknowledges that this provision shall qualify under 17 U.S. C. Section 113, (d) so as to waive rights under 17 U.S.C. Section 106A. (ii) If, at the time of removal, it is determined that the Public Work of Art may be removed without damage, alteration, modification, destruction, distortion or other change, City shall give notice as required by 17 U.S.C. Section 113 (d) (2) and (3). On completion of the Public Work of Art, the Artist agrees to file the records, including Artist’s identity and address, with the Register of Copyrights as provided under 17 U.S.C. Section 113 (d) (3). The Artist further agrees to update information with the Register of Copyrights so as to permit notification of intent to remove the Public Work of Art. 7.4 Permanent Record. The City’s Representative shall maintain on permanent file a record of this Agreement and the location and disposition of the Public Work of Art. Article 8. Artist as Independent Contractor The Artist shall perform all work under this Agreement as an independent contractor and not as an agent or an employee of the City. The Artist shall not be supervised by any employee or official of the City, nor shall the Artist exercise supervision over any employee or official of the City. 10 Article 9. Assignments, Transfer, Subcontracting 9.1 Neither this Agreement nor any interest herein shall be transferred or assigned by the Artist. Any such transfer shall be null and void and shall be cause to annul this Agreement. 9.2 Subcontracting by Artist. The Artist may subcontract portions of the services to be provided hereunder at the Artist’s expense provided that said subcontracting shall not negatively affect the design, appearance, or visual quality of the Proposal or Public Work of Art, and shall be carried out under the personal supervision of the Artist. The Artist must obtain approval from the City’s Representative prior to hiring any subcontractor. If the City’s Representative does not approve the hiring of any subcontractor, another subcontractor must be submitted for approval by the City’s Representative. Article 10. Termination If either party to this Agreement shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants, agreements or stipulations material to this Agreement, the other party shall thereupon have the right to terminate this Agreement by giving written notice to the defaulting party of its intent to terminate specifying the grounds for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default. If it is not cured, then this Agreement shall terminate. In the event of default by the City, the City shall promptly compensate the Artist for all services performed by the Artist prior to termination. In the event of default by the Artist, all finished and unfinished drawings, sketches, photographs, and other work products prepared and submitted or prepared for submission by the Artist under this Agreement shall at the City’s option become its property, provided that no right to fabricate or execute the Public Work of Art shall pass to the City and the City shall compensate the Artist pursuant to Article 2 for all services performed by the Artist prior to termination; or at the Artist’s election, the Artist shall refund all amounts paid by the City in exchange for all finished and unfinished related Public Work of Arts. Notwithstanding the previous sentence, the Artist shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Artist, and the City may reasonably withhold payments to the Artist until such time as the exact amount of such damages due the City from the Artist is determined. In addition to the above terms, this Agreement may be terminated for any reason by the City during the Agreement period, subject to a written thirty (30) day notice being delivered to the Artist. The City shall pay the Artist for all work produced up to the date of the notice. Article 11. Compliance The Artist shall be required to comply with Federal, State, and City statutes, ordinances and regulations applicable to the performance of the Artist’s services under this Agreement. Article 12. Records Access The Artist shall provide the City access to any books, documents, papers, and records which are directly pertinent to the specific contract, for the purpose of making an audit, examination, excerpts, and transcriptions, for three years after final payment and all other pending matters related to this agreement are closed. 11 Article 13. Non-Discrimination During the performance of this agreement, the Artist shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, sexual orientation, gender identity, marital status, status with regard to public assistance, disability, or age. The Artist shall post in places available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Artist shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. Article 14. Entire Agreement This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Article 15. Modification No alternation, change, or modification of the terms of the Agreement shall be valid unless made in writing and signed by both parties hereto and approved by appropriate action of the City. Article 16. Notices All notices, requests, demands and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, as follows: a. if the OWNER, to: Matt Jermier, Parks and Recreation Director City of Waukee, Public Arts Advisory Commission 805 University Avenue Waukee, Iowa 50263 Phone: 515-978-0007 E-mail: mjermier@waukee.org b. if the ARTIST, to: Joshua Wiener 2665 Dartmouth Ave. Boulder, CO 80305 Phone: 303-908-2396 Email: flowcus@gmail.com Article 17. Additional Agreements The Artist shall recognize the City’s Representative as its duly authorized representative of the City. Article 18. Jurisdiction 12 The parties agree that the laws of the State of Iowa shall govern this contract and the jurisdiction for actions under this contract shall be in the District Court in Polk County, Iowa. Article 19. Force Majeure The parties will be excused from performing under this Agreement if performance is prevented by a condition beyond the control of the parties such as acts of God, war, civil insurrection, government action or public emergency but only for as long as such unforeseen occurrence exists. Both parties will take all reasonable steps to assure performance of their contractual obligation when the unforeseen occurrence has ceased to exist but resumption of performance will be subject to negotiation between the parties if there more than one (1) year has passed since suspension of obligations under this Agreement or there are substantially changed circumstances. This agreement is executed on day and year first written above. PUBLIC ARTIST _______________________________ Joshua Wiener CITY OF WAUKEE, IOWA, an Iowa municipal corporation Courtney Clarke Mayor 2 | Joshua Wiener ~ Tallgrass Pond, Waukee, ia ~ “a Walk in The Park” Tallgrass Pond Waukee, IA presentation by:Joshua Wiener (303) 908-2396 flowcus@gmail.com www.joshuawiener.com "A Walk in the Park" January 26, 2024 Joshua Wiener ~ Tallgrass Pond, Waukee, ia ~ “a Walk in The Park” | 3Joshua Wiener ~ Tallgrass Pond, Waukee, ia ~ “a Walk in The Park” | 3 Table of Con t e n t s 1-14..................................................................Concept 15........................................................................Budget 16...................................................................Timeline 17......................Reference Work (Model to Sculpture) 18...........................................................Artist Statement 19...............................................................Résumé 20-22...........................................................References This Waukee artwork is based on a sense of play, joy, and connection. I wanted the space to have a distinguished body of art, one that spoke to the community’s imagination and style. CONCEPT 4 | Joshua Wiener ~ Tallgrass Pond, Waukee, ia ~ “a Walk in The Park” Joshua Wiener ~ Tallgrass Pond, Waukee, ia ~ “a Walk in The Park” | 5 These figures are giant and expressive. They convey wonder about the creative qualities someone might have. I wanted to pique your curiosity about your neighbor. 6 | Joshua Wiener ~ Tallgrass Pond, Waukee, ia ~ “a Walk in The Park” A distinct sense of place was commonly requested in the community outreach. These sculptures will be joyous beacons in the community, recognizable landmarks with unique characters. Joshua Wiener ~ Tallgrass Pond, Waukee, ia ~ “a Walk in The Park” | 7 click to view video: https://drive.google.com/file/d/1L_s_HhMJ1RkVl4Ujl8J4G8O0r1FD3vrP/view?usp=drive_link “A Walk in the Park” will create a feeling of wonder and play. This idea draws on the community’s pride and affinity for fun. Creating a sense of place and community character will be accomplished with these three expressive figures. 8 | Joshua Wiener ~ Tallgrass Pond, Waukee, ia ~ “a Walk in The Park” These playful sculptures are designed to create a sense of place and imbue style. This fast-growing area will be enhanced with an expression of character. imaginative Joshua Wiener ~ Tallgrass Pond, Waukee, ia ~ “a Walk in The Park” | 9 This artwork is about the relationship a person has with their best friend. Their shared style evokes a deep connection. Each piece is unique and stylistically connected. playful 10 | Joshua Wiener ~ Tallgrass Pond, Waukee, ia ~ “a Walk in The Park” unique timeless I am happy to work with the design team to integrate the artwork with the stormwater retention area. I generated a rough 3D model to give a sense of the grass and water that will surround the artwork. Joshua Wiener ~ Tallgrass Pond, Waukee, ia ~ “a Walk in The Park” | 11 12 | Joshua Wiener ~ Tallgrass Pond, Waukee, ia ~ “a Walk in The Park” The artwork will be created in my Boulder, Colorado studio. Each piece will be created with ¼” thick aluminum. The entire composition will be powder-coated and then have colorful liquid enamel highlights. Everything will have a UV protected clear coat on top of an epoxy primer. The powder coating will be applied in an industrial facility with a super durable UV resistant product. Materials & Maintenance 12’6” x 6’ x 5’6” Joshua Wiener ~ Tallgrass Pond, Waukee, ia ~ “a Walk in The Park” | 13 All the corners will be rounded to make it safe for public interaction. 14’ x 8’ x 7’ 14 | Joshua Wiener ~ Tallgrass Pond, Waukee, ia ~ “a Walk in The Park” Painted Aluminum 10’ x 9’6” x 6’ Joshua Wiener ~ Tallgrass Pond, Waukee, ia ~ “a Walk in The Park” | 15 BUDGET DESIGN DEVELOPMENT Artist Design Fee (Including drawings, contracts, meetings, site visits, progress reports, preliminary design development & consultations w/ architects, engineers, conservator plus coordination with shippers, suppliers, equipment rentals, etc.) $ 5,000 PROFESSIONAL SERVICES Engineer $ 2,500 Industrial powder-coating $ 9,000 Water-jet cutting $ 11,500 Sub-total $ 23,000 MATERIALS Aluminum $ 19,000 Liquid Enamel $ 1,500 Hardware and fixturing $ 2,200 Positioners and frames $ 2,500 Tools (Grinders, sanding discs, drill bits, welders, safety equipment, gas, etc.) $ 2,700 Forklift in studio (setting, moving, removing sculptures from studio)$ 1,750 Sub-total $ 29,650 SHIPPING Delivery of materials to studio $ 1,850 Delivery of sculptures to site $ 5,500 Sub-total $ 7,350 FABRICATION Artist fabrication (Cutting, welding connection, grinding, beveling edges, paint prep, set-up/break-down, shop time, drilling, welding, loading, unloading, etc.) $ 47,000 Assistants $ 11,500 Sub-total $ 58,500 INSTALLATION Fork-lift $ 1,500 Additional equipment needed at site, staging area, various set up, etc. $ 650 Artist travel (airfare, lodging, food, car rental/fuel, etc.)$ 2,100 Sub-total $ 4,250 GENERAL OPERATING Insurance $ 1,500 Studio (including utilities)$ 15,500 Administrative, documentation, permits, barricades, etc.$ 1,750 Sub-total $ 18,750 ARTIST CONTINGENCY Part of Artist’s operating fee / to be awarded to Artist $ 3,500 -------- TOTAL .................................................................................................................$150,000 16 | Joshua Wiener ~ Tallgrass Pond, Waukee, ia ~ “a Walk in The Park” TIMELINE TASK TIME ALLOTTED Proposal due-------------------------------------------------------------------------January 26, 2024 Presentation--------------------------------------------------------------------------January 31, 2024 Approval & signing of contract---------------(~1-2 months), ~February / March 2024* Receipt of deposit------------------------------------------(~1-2 months), ~April / May 2024* Order materials----------------------------------------------------(1 month), ~May / June 2024* Begin fabrication-----------------------------------------------------------------~May / June 2024* Fabrication-------------------------------------------------------------------------------------~6 months Project installation------------------------------------------------------------(tbd w/ committee)* *Pending approval/signing of contract/receipt of deposit/weather at time of installation meets the estimated timeline presented here. **I would be prepared to begin the project as soon as the commission is awarded and the deposit is received. ***This is an estimated timeline and can be further discussed with the committee to integrate the artwork with schedule of the city. Dates can be more defined after commission is awarded. “I want to create art that goes beyond expressing the function of the site and becomes a partner to inspire great thinking.” Joshua Wiener ~ Tallgrass Pond, Waukee, ia ~ “a Walk in The Park” | 17 MODEL TO SCULPTURE reference “Public art projects demand a level of commitment, vision, passion, collaborative spirit and attention to detail that is challenging for many artists. I have absolutely no doubt that Josh Wiener would, should you be so fortunate in contracting him for your project, not only rise to the occasion but also knock your socks off doing it!” “Josh is a delight to work with, has so much talent, and is poised for any major commitment.” Judy Anderson, Former Artistic Director & Founder of PlatteForum- the recipient of the 2006 Mayors Award for Excellence in the Arts and the 2011 National Arts and Humanities Youth Program Award 18 | Joshua Wiener ~ Tallgrass Pond, Waukee, ia ~ “a Walk in The Park” ARTIST STATEMENT My experience includes, but is not limited to: -participating in design teams -making site-specific public sculptures -teaching at the Art Students League in Denver -working in stone, aluminum, steel, earth, bronze, and experimental materials -creating land art on a reclaimed contaminated site -completing every project on time and within budget -constructing contemplative gardens and water features with Marpa Landscape Design Studio, winner of countless awards -working with architects, landscape architects, city planners, engineers, and contractors -generating construction documents -teaching a month workshop at the Denver Art Museum -apprenticing in Japan with master sculptor, Kazutaka Uchida -completing a residency at an accredited institution, PlatteForum, working with at risk youth -co-founding and directing a community arts 501c3 non-profit organization, Art In Your Park -leading nature walks with elementary school children at Durango Nature Studies -managing over 100 community events -managing a team of technicians and instructing workshops at MARBLE/marble Symposium “Roots of Community” 8’ x 8’ x 2.5’, 4’ x 4’ x 2.5’ 4 benches @ 16’ x 16’ x 7’ San Luis Obispo, CA 2013 I believe in art as a very positive force for all the things that make me feel so fortunate to be alive. I want to do my part to help inspire more artistry. All of my artwork is made at the highest standard of perfection with the hopes to draw more people into a deeper relationship with the art they are surrounded by. I see the Tallgrass Pond Project as an opportunity to inspire people in a fun way. I look at art as an expression of humanity. It can articulate concern, evoke emotion, stimulate thoughts, and make life more interesting. In its best case, it will teach us to be better friends, embrace beauty, and be more compassionate. “Joshua’s knowledge of materials, shapes, forms, and compositions makes me highly recommend him for public art projects.” Dean Pearson, Landscape Architect and President of Architerra Group, Littleton, CO Joshua Wiener ~ Tallgrass Pond, Waukee, ia ~ “a Walk in The Park” | 19 RESUME COLLECTIONS ∙ 2012 B. Victor - Durango, Colorado ∙ 2010 N. Sorenson - Denver, CO ∙ 2009 Town of Castle Rock, CO ∙ 2009 La Academia - Denver, CO ∙ 2009/08 J. & D. Dinneen - Littleton, CO ∙ 2008 S. Wolf - Denver, CO ∙ 2007 Dr. H. M. Sondheimer -Wash. D.C. ∙ 2007 J. Stuntz - Loveland, CO ∙ 2007 M. Gates - Micanopy, FL ∙ 2007 L. Raynolds - Cody, WY ∙ 2006 R. Johnson - Denver, CO ∙ 2006 C. Matthews - Denver, CO ∙ 2005 Pharmatech, Inc. - Denver, CO ∙ 2004 Krishnamurti School - Bang.India ∙ 2004 J. & K. Nystrom - Fort Collins, CO ∙ 2004 C. Lark - Longmont, CO ∙ 2003 B. Wojcik - W. Broomfield, MI ∙ 2003 M. Schmitz - Denver, CO ∙ 2002 B. Case - Flagstaff, AZ ∙ 2002 V. Branson - Afton, OK ∙ 2002 J. Moses - Flagstaff, Arizona ∙ 2002 M. Wiener - Aurora, CO ∙ 1996 K. Uchida - Tokyo, Japan ∙ 1995 J.Cole - Durango, CO INTERNATIONAL EXPERIENCE - INDIA ∙ Invited to Bangalore, India in 2004 along with over forty other carvers from around the world to be a part of a two week stone sculpting symposium ∙ Sculpture was exhibited in Bangalore at the Sumukha Art Gallery and is now on permanent collection at the Krishnamurti Valley School INTERNATIONAL STUDIES - JAPAN ∙ Studio assistant to master sculptor Kazutaka Uchida in Tokyo, Japan ∙ Assisted Uchida on monumental pieces for museums/public/private collections ∙ Worked with Uchida on two different twenty-piece stone exhibitions in Japan ∙ Assisted Uchida on a sculpture for permanent collection at the Toyota Municipal Museum in Japan along side a Henry Moore bronze ∙ Studied with Uchida the techniques of professional development with museum curators, art galleries, and universities COMMUNITY Co-founded ART IN YOUR PARK in 1999; 501©3 non-profit arts organization. My interest in creating this program was to facilitate free community art. To date, AIYP has estimated that over 20,000 people have participated with the program. AWARDS AND GRANTS ∙ 2014 Excellence in Community Design Award, City of Greeley, Homestead Park Greeley, CO ∙ 2010 SCFD GRANT, Denver Urban Gardens (living sculpture) Denver, CO∙ 2009 Residency at PlatteForum, working with at-risk youth, Denver, CO SELECTED TEACHING AND SPEAKING ENGAGEMENTS ∙ Present-1996 Instructor, The Marble Institute of Colorado - Marble, CO∙ 2022 Thesis Advisor, Advised master’s degree student at CU - Boulder, CO∙ 2020-2019 Mentor/Instructor (working w/intern) - University of Boulder, “Art, Design, Engineering: Thinking and Making” - Boulder, CO∙ 2013-2008 Instructor, Art Students League - Denver, CO ∙ 2011 Juror, Wyoming Arts Council 2011 VA Fellowships - Laramie, WY∙ 2011 Speaker, Red Rocks Community College, Morrison, CO∙ 2011 Presenter/Workshops-Southwood Mid.& Perinne Elem.-Palmetto Bay, FL ∙ 2010 Juror, Colorado Artfest / 21st Annual - Castle Rock, CO∙ 2009 Presenter, University of Colorado - Boulder, CO ∙ 2009 Juror/UCD/College of Architecture & Planning - Denver, CO∙ 2009 Residency, PlatteForum - Denver, CO∙ 2009 Juror, La Academia, “Art for Youth” Art Show - Denver, CO ∙ 2008 Presenter/Instructor, Denver Art Museum - Denver, CO∙ 2008 Instructor for workshop, Colorado Academy - Denver, CO ∙ 2007 Presenter, Communication Arts, Inc. - Boulder, CO∙ 2006 Instructor/Presenter, Bridge School - Boulder, CO∙ 2006 Presenter, Parker High School - Parker, CO ∙ 2005 Sub. Instructor, Armory Art Ctr Master Artist Workshop - W. Palm Beach, FL SELECTED EXHIBITIONS∙ 2018 ‘Sculpture on the Rooftop’ by the Art Students League at Museum Residencies, Denver, Colorado ∙ 2016, 2015, 2014, 2013, 2012 “Snow Sculpture in the Dark” competition (2013 & 2012 (won 2nd place), Loveland, CO ∙ 2014 Denver Maker Faire, Sculpture Games (2nd place) - Denver, CO ∙ 2013 Co-Curator for “Side Effects May Include...” Exh. - Art Students League, Denver, CO∙ 2013/12/11 City of Lafayette’s ‘Art on the Streets’ exhibit, Lafayette, CO∙ 2013/12/11/10 City of Durango outdoor exhibit, Durango, CO ∙ 2013/12 City of Berthoud outdoor loan exhibit - Berthoud, CO ∙ 2012/11/10/04/03 US Bank ‘Art on the Streets’ Exh. (3) - Colorado Springs, CO ∙ 2011/10 City of Greeley outdoor exhibit (2 sites) - Greeley, CO∙ 2011-99 Stone Carver’s Exhibition at Redstone Art Center, Redstone, CO ∙ 2011 Arts Students League ‘14 Collaborations’ - Denver, CO ∙ 2010/09/08 Douglas Cty “Art Encounters”ex. (4 sites)- Castle Rock & Parker, CO∙ 2009/08 Invited Artist, “Sculpture in the Park” exhibition - Loveland, CO ∙ 2007/06/05/04/03 Juried Artist, “Sculpture in the Park” Exh. - Loveland, CO∙ 2009 Madden Museum, “Windows to the Divine”, juried - Denver, CO ∙ 2009 Loveland Museum/Gallery, “Twirling Dali’s mustache” - Denver, CO ∙ 2009 RedLine Gallery, “Art for Ransom’ - Denver, CO∙ 2009 PlatteForum Gallery,“Elevating nature/Germination of ideas”Denver, CO ∙ 2009 eventgallery 910Arts, “Exploring the Values of our Waters” - Denver, CO∙ 2009/08/06/05 Evergreen Sculpture Walk (3 sites) - Evergreen, CO ∙ 2009/08/07 Sioux Falls Sculpture Walk (3 sites) - Sioux Falls, SD∙ 2009/08/07 “Art on the Move” (3 sites) - Longmont, CO∙ 2009/2007 Access Gallery - Denver, CO ∙ 2009/08 El Paso’s pre-qualified artist pool, juried - El Paso, TX∙ 2009/08 City of Evanston’s pre-qualified database, juried - Evanston, IL ∙ 2008 Solo Show, Icelantic Gallery - Denver, CO∙ 2008/07 20th Annual Outdoor Sculpture Exhibition - Lawrence, KS∙ 2008/2007 Fryberger Art Consulting Gallery & Sculpture Garden - Littleton, CO ∙ 2007/06 The Standing Sun Fine Art Gallery (2007 Solo Show) - Denver, CO∙ 2007 Functional Park Art Database, juried - Colorado Springs, CO ∙ 2006/05/04/03 Randall Chase Gallery - Palm Desert, CA∙ 2006/05/04 Treeline Gallery - Estes Park, CO∙ 2005/04 Gallery 730 - Prospect, CO ∙ 2004 Sumukha Art Gallery - Bangalore, India∙ 2003/01 Colorado History Museum / Stone Sculptor Showcase, Denver, CO ∙ 2002 15th Annual Sedona Sculpture Walk - Sedona, AZ∙ 2002 “Eclectic Mess” Invitational at Ironton Gallery - Denver, CO∙ 2002 Purple Door Studio Exhibition - Denver, CO ∙ 2001/00 Odalisque Gallery - Online Gallery PUBLIC COMMISSIONS∙ tbd Tribune Building Project, Incourage Community - Wisconsin Rapids, WI∙ 2025 Roundabout at Eastside Regional Park - El Paso, TX∙ 2024 UT Developmental Center, Comprehensive Therapy Building - American Fork, UT ∙ 2024 Northpark at Montrose Community Homes - Potomac, MD∙ 2024 Eastlake Park Community Monuments - Phoenix, AZ∙ 2023 Stephen G. Terrell Recreation Center Trail Enhancements - Allen, TX∙ 2023 Tradewinds Park Stables & Farm - Coconut Creek, FL∙ 2023 Vine & Lemay Intersection Improvements Project - Fort Collins, CO ∙ 2023 Powers Rd. & Brookswood Blvd. Roundabout - Bend, OR∙ 2023 Panorama Park - Colorado Springs, CO ∙ 2023 Dovetail Park & East Park District Maintenance Facility, Fort Collins, CO∙ 2022 Traverse Apartment Community Parking Garage - Lakewood, CO ∙ 2021 Oerman-Roche Trailhead, Superior, CO∙ 2021 Falconview Community Development - Colorado Springs, CO∙ 2019 Lake Linganore at Eaglehead Roundabout - Linganore, MD∙ 2019 Turkey Creek Streamway Park Trail - Merriam, KS∙ 2019 Flood Recovery Project - Longmont, CO∙ 2019 Enterprise Business Center at Stapleton - Denver, CO∙ 2018 Lafayette Gateway at Fairmount Park - Norfolk, VA∙ 2018 Bison Ridge Recreation Center Roundabouts, Commerce City, CO∙ 2018 Plano Portal Project / Downtown Arts District - Plano, TX∙ 2017 Axis at Westminster - Westminster, CO∙ 2016 James Riverfront - Richmond, VA∙ 2016 Harold Bacchus Community Park - Frisco, TX∙ 2015 Quinn’s Junction/Highway 248 - Park City, UT∙ 2015 23rd Ave. & 10th St. Triangle Median - Greeley, CO∙ 2015 Northside Regional Park at Rillito Regional Park - Tucson, AZ∙ 2015 RTD/City of Boulder - Boulder Transit Village - Boulder, CO∙ 2015 Gladstone Downtown Village/Linden Square - Gladstone, MO∙ 2014 Downtown Rawlins - Rawlins, WY∙ 2014 Kingsley and First Street Rain Garden - Ann Arbor, MI∙ 2014 RTD/West Rail Line - Perry Station - Denver, CO∙ 2014 RTD/West Rail Line - Oak Station - Denver, CO ∙ 2014 Fairfax Park - Commerce City, CO∙ 2013 Homestead Park and Open Space - Greeley, CO∙ 2013 Oklahoma State Board of Pharmacy - Oklahoma City, OK∙ 2013 Community Gardens at Meadow Park - San Luis Obispo, CA∙ 2013 RTD Light Rail Station at Decatur St./Federal Blvd. - Denver, CO∙ 2013 Hudson Gardens - Littleton, CO∙ 2012 Florida Rd Roundabout, USA Pro Cycling Commemoration-Durango, CO ∙ 2011 Village of Palmetto Bay Roundabout, Palmetto Bay, FL∙ 2011 Carson Nature Center/South Platte Park - Littleton, CO∙ 2010 Denver Urban Gardens (SCFD GRANT) - Denver, CO∙ 2010 Juanita Beach Park - Kirkland, WA∙ 2010 172nd Avenue Roundabout - Happy Valley, OR∙ 2008 Governor’s Excellence in Renewable Energy Award - Denver, CO∙ 2008 Mid Town Redevelopment Project (designs) - Longmont, CO∙ 2007/06 Maher Ranch, Gemstone Pk (2 Sculptures & Design Team)-Castle Rock, CO∙ 2006 Community Park (3 Sculptures) - Broomfield, CO∙ 2005 Founders’ Park - Wheat Ridge, CO COMMISSIONS∙ 2020 David Thomson, Denver, CO∙ 2015 Designs for United Health Plan roof garden, South Bronx, NY,(w/ Martin Mosko)∙ 2015 Designs for El Rio Health Center Park, Tucson, AZ, (w/ Martin Mosko of Mapa)∙ 2010/05 Evoke Landscape Design - Boulder, CO∙ 2008 Denver Art Museum (demonstration piece) - Denver, CO∙ 2008 L. Landgraf - Denver, CO∙ 2008 B. Victor - Pittsburg, PA∙ 2006 Head Start Regional 8 Conference - Denver, CO ∙ 2006/05 Sanzone Studios - Boulder, CO∙ 2005 Dr. M. Brodie - Genesee, CO∙ 2005 Dr. R. Newman - Arvada, CO∙ 2004/03/02 Studio Forma Landscape Design - Boulder, CO∙ 2004 Cody Center - Lakewood, CO∙ 2004 Pharmatech, Inc. - Denver, CO∙ 2004 K. Lindeneau - La Mesa, CA∙ 2004 A. Wiener - Durango, CO ∙ 2003 B. Smith - Niwot, CO∙ 2003 R. Hubbard - Denver, CO∙ 2002 Colorado State University - Fort Collins, CO∙ 2001 Marpa & Associates Landscape Design - Boulder, CO∙ 2001 Dr. W. Silvers - Denver, CO SELECTED PUBLICATIONS∙ 2018 The Daily Camera, Boulder, CO∙ 2018 January - Plano Magazine, Plano, TX∙ 2013 November - The Greeley Tribune/ Greeley, CO ∙ 2013/2012 The Durango Herald/Durango, CO ∙ 2009 Dec.- Sculptors of the Rockies book, (Southwest Art Magazine)∙ 2007 November/December - Tools Magazine∙ 2007/2006 Southwest Art Magazine ∙ 2006 Fall/Winter Issue 3 - Cairn Magazine ∙ 2005/2004 Sculptural Pursuit Magazine 20 | Joshua Wiener ~ Tallgrass Pond, Waukee, ia ~ “a Walk in The Park” PROFESSIONAL REFERENCES Lauren Greenfield, Traffic Safety Coordinator City of Longmont 400 Quail Road ∙ Longmont, CO 80501 (303) 651-8924 ∙ Lauren_Greenfield@ci.longmont.co.us Project: Flood Recovery Project ~ Longmont, CO, 2019 Project: Mid Town Redevelopment Project ~ Longmont, CO, 2006 Hannah Penny, Associate Curator NINE dot ARTS 3734 Osage Street · Denver, CO 80211 (720) 689-3204 · hannah@ninedotarts.com Project: Falconview Community Development ~ Colorado Springs, CO, 2021 Jennifer Garner, Cultural Arts Supervisor Town of Superior 124 E. Coal Creek Drive · Superior, CO 80027 (303) 499-3675 x.167 · jenniferg@superiorcolorado.gov Project: Oerman-Roche Trailhead ~ Superior, CO, 2021 Daniela Villarreal, Community Liaison City of Commerce City 7887 E. 60th Avenue ∙ Commerce City, CO 80022 (303) 227-8832 ∙ dvillarreal@c3gov.com Project: Second Creek Recreation Center ~ Commerce City, CO, 2018 Kim Snyder, Public Art Coordinator City of Greeley 701 10th Avenue ∙ Greeley CO 80631 (970) 350-9450 ∙ Kim.Snyder@greeleygov.com Project: 10th Street and 23rd Avenue Triangle Median ~ Greeley, CO, 2015 Project: Homestead Park ~ Greeley, CO, 2013 Patrick J. Judd, LLA, ASLA, Principal Landscape Architect Conservation Design Forum 220 South Main Street, Suite 300 ▪ Ann Arbor, MI 48104 (734) 663-3751 Direct ∙ (630) 559-2000 General ∙ pjudd@cdfinc.com Project: Kingsley and First Street Rain Garden ~ Ann Arbor, MI , 2014 Project: Private Client (Sharon Lynne Wilson Center for the Arts) ~ Brookfield, WI, 2015 Connie Schmeisser, BLA, ASLA, Landscape Architect II Parks, Recreation, and Cultural Services Dept. Design & Development Division (MC 1200) 1401 Recreation Way ∙ Colorado Springs, CO 80905 (719) 385-6533 ∙ constance.schmeisser@coloradosprings.gov Project: Panorama Park ~ Colorado Springs, CO, 2023 Marcelene Trujillo, AiPP Project Coordinator City of Bend P.O Box 656 ∙ Bend, Oregon 97709 (541) 419-3137 ∙ artinpublicplacesbend@gmail.com Project: Powers Road and Brookswood Blvd, “You and I” ~ Bend, OR, 2023 Scott Watkins, Development Manager T.O.D. Properties, LLC 1363 S Washington St. ∙ Denver, CO 80210 (303) 954-0766 office ∙ scott@todproperties.com Project: Traverse Apt. Community Parking Garage ~ Lakewood, CO, 2022 Jason A. Wiley, Vice President Elm Street Development, Inc. 1355 Beverly Rd., Suite 240 ∙ McLean, VA 22101 (703) 734-9730 ∙ jwiley@elmstreetdev.com Project: Lake Linganore Roundabout ~ Lake Linganore, MD, 2019 Michelle Hawkins, Arts, Culture & Heritage Manager City of Plano 1520 K Avenue, 2nd Floor ∙ Suite 200, Plano, TX 75074 (972) 941-5800 ∙ michelleb@plano.gov Project: Plano Portal Project ~ Plano, TX, 2018 Meredith Hauck, Assistant City Administrator City of Merriam 9001 W. 62nd Street ∙ Merriam, KS 66202 (913) 322-5515 direct ∙ mhauck@merriam.org Project: Turkey Creek Streamway Park Trail ~ Merriam, KS, 2019 To Whom It May Concern, I would like to highly recommend sculptor Joshua Wiener for public art projects. In 2009, Mr. Wiener completed a two-month residency at PlatteForum where he continued to work on his living art series that inverts the typical garden-to-sculpture relationship. This living art series aligns ingenuity with environmental protection. By placing living organisms in refined compositions, he presents a new way of relating nature to urban expanses. With traditional and contemporary sculpting techniques, Wiener constructs living sculptures with internal irrigation to allow the cultivation of plant materials. The work becomes a combination of construction and subtractive sculpting with man-made and natural materials. In the exhibition, Wiener showcased six living sculptures as seeds for public projects. Each piece experiments with integrating plants into the sculpture in a way that they become the “binding” element. The statement is one of sustainability and the examination of how we harvest, use, reuse, and/or discard materials. Wiener’s dream is to have the viewer slow down, physically and emotionally, to notice the resources around them as valuable for themselves and biodiversity. Wiener’s residency and exhibition continues the development of PlatteForum’s urban garden, a project that transforms the concrete courtyard into an urban space to celebrate nature and sustainability. While in residence, Wiener worked intensely with eight students from La Academia at Denver Inner City Parish in a seven- week Learning Lab series. Students explored salvaged materials, dirt, and plant materials as they created living sculptures. Working collectively, they created a limestone living sculpture for their school that expresses their culture, pride, and hopes for the future. Working from the starting point of the Aztec calendar, the students created symbols that expressed their cultural identity and their relationship as stewards of nature. Weighing over 1,000 pounds, the limestone disc incorporates rings of sandblasted images and integrated earth, seeds, and plants. The work, intended to inspire imaginative stewards of the land, will be sited at their school at the culmination of the exhibition. Public art projects demand a level of commitment, vision, passion, collaborative spirit and attention to detail that is challenging for many artists. I have absolutely no doubt that Josh Wiener would, should you be so fortunate in contracting him for your project, not only rise to the occasion but also knock your socks off doing it! Having been involved as a public artist in numerous projects (Seattle), I know first hand the importance of selecting an artist that has vision, but that can also work with the community, collaborate with vendors and fabricators, and, most importantly, navigate the public process in a way that results in successful projects. Josh is a delight to work with, has so much talent, and is poised for any major commitment. Please give him your highest consideration. Regards, Judy AndersonFormer Artistic Director, FounderPlatteForum, 2006 Mayors Award for Excellence in the Arts & 2011 National Arts & Humanities Youth Program Award 1610 Little Raven Street, Suite 135, Denver, CO 80202www.platteforum.org303.893.0791 Contact Judy at: 720.273.8101, jandersonstudio@gmail.com May 26, 2009 To Whom It May Concern: I am honored to write a recommendation for Joshua Wiener, with whom I have worked on several projects over the past three + years in my role of Art in Public Places Administrator for the City of Longmont. I met Joshua and his wife, Gia, just over three years ago when they were selected as finalists (one of three teams) for a “crosswalk” project that I was working on. I put together a design team through the public art council that linked Joshua, Gia, Longmont streets, CDOT, an asphalt fabricator, and myself to design and build a completely new type of public art project in asphalt. The team worked exceptionally well together and found a way to generate a significant amount more detail in the final project. While the project was delayed due to fabrication vendors, Joshua and Gia were extremely flexible in their willingness and ability to work with me and the (potential) vendors as modifications to the project were explored. Ultimately, they went above and beyond the scope of the contract, delivering to the vendors exactly what they needed, on time, and never asking me for more money. In addition to this “permanent” installation, I have had the pleasure of working with Joshua over the past two years as he has had several pieces selected for Longmont’s Art on the Move program. I enjoy working with Joshua; he is always on time with his deliveries, thorough in his installations, and has addressed any questions or concerns that arise in a timely manner. Due in part to our good working relationship and Joshua’s ability to present and his enthusiastic energy, Joshua was selected as a guest speaker for Longmont’s Virtual Art Tour in 2008. The Longmont Community has embraced his work that is and has been here, and I would be happy to work with him again in the future, if and when the opportunity presents itself. I would highly recommend Joshua as a competent and professional artist to work with –from the artistic and creative side to the business side. Please don’t hesitate to contact me should you have any further questions. Lauren Greenfield Art in Public Places Administrator City of Longmont, CO Lauren.greenfield@ci.longmont.co.us 303.651.8924 Dear Committee: I would like to highly recommend sculptor Joshua Wiener. Mr. Wiener completed a two-month residency in 2009 at PlatteForum where he continued to work on his living art series that inverts the typical garden-to-sculpture relationship. This living art series aligns ingenuity with environmental protection. By placing living organisms in refined compositions, he presents a new way of relating nature to urban expanses. With traditional and contemporary sculpting techniques, Wiener constructs living sculptures with internal irrigation to allow the cultivation of plant materials. The work becomes a combination of construction and subtractive sculpting with man-made and natural materials. In the exhibition, Wiener showcases six living sculptures as seeds for public projects. Each piece experiments with integrating plants into the sculpture in a way that they become the “binding” element. The statement is one of sustainability and the examination of how we harvest, use, reuse, and/or discard materials. Wiener’s dream is to have the viewer slow down, physically and emotionally, to notice the resources around them as valuable for themselves and biodiversity. Wiener’s residency and exhibition continues the development of PlatteForum’s urban garden, a project that transforms the concrete courtyard into an urban space to celebrate nature and sustainability. While in residence, Wiener worked intensely with eight students from La Academia at Denver Inner City Parish in a seven- week Learning Lab series. Students explored salvaged materials, dirt, and plant materials as they created living sculptures. Working collectively, they created a limestone living sculpture for their school that expresses their culture, pride, and hopes for the future. Working from the starting point of the Aztec calendar, the students created symbols that expressed their cultural identity and their relationship as stewards of nature. Weighing over 1,000 pounds, the limestone disc incorporates rings of sandblasted images and integrated earth, seeds, and plants. The work, intended to inspire imaginative stewards of the land, will be sited at their school at the culmination of the exhibition. Public art projects demand a level of commitment, vision, passion, collaborative spirit and attention to detail that is challenging for many artists. I have absolutely no doubt that Josh Wiener would, should you be so fortunate in contracting him for your project, not only rise to the occasion but also knock your socks off doing it! Having been involved as a public artist in numerous projects (Seattle), I know first hand the importance of selecting an artist that has vision, but that can also work with the community, collaborate with vendors and fabricators, and, most importantly, navigate the public process in a way that results in successful projects. Josh is a delight to work with, has so much talent, and is poised for any major commitment. Please give him your highest consideration. Regards, Judy Anderson Design Consultant / Arts Administrator - Judy Anderson Studio Former Artistic Director, Founder of PlatteForum www.platteforum.org 2006 Mayors Award for Excellence in the Arts & 2011 National Arts and Humanities Youth Program Award 1483 South Clarkson Denver, Colorado 80210 720.273.8101 jandersonstudio@gmail.com Joshua Wiener ~ Tallgrass Pond, Waukee, ia ~ “a Walk in The Park” | 21 22 | Joshua Wiener ~ Tallgrass Pond, Waukee, ia ~ “a Walk in The Park” “The Path Untraveled” 8 at 17’ x 17’ x 1’, Richmond, VA, 2016 “Tread Lightly”, 7 at 14’ x 25’ x 6’, Lakewood, CO, 2014 “Flutterby”, 12’ x 75’ x 75’, Greeley, CO, 2015 “You and I”, 5 at 12’ x 5’ x 3’, Bend, OR, 2023 “Community Imagination”, 10’ x 8’ x 40”, Colorado Springs, CO, 2023 “Campfire”, 40’ x 15’ x 15’, Lake Linganore, MD, 2019 “Rhythmic Illuminations” 7 at 29’ x 14’ x 5’, Plano, TX, 2018 Joshua Wiener ~ Tallgrass Pond, Waukee, ia ~ “a Walk in The Park” | 23