Thelownof Davidson College Town. Lake Town. Your Town. TOWN OF DAVIDSON PUBLIC ART COMMISSION Public. Art Commission Meeting  Town Hall and Community Center 251 South Street - Room 120  May 31, 2023 5:001 PM  I.  INTRO & DETERMINATION OF QUORUM  II. ANNOUNCEMENTS  III. APPROVAL OF PRIOR MEETING MINUTES  March 29, 2023  5:00 p.m. in person meeting at Town Hall & Community Center. Those in attendance: Fleming, Nelson, Williams, Montague, Woodward, Cable, Szostek, Slagle. 1. Woodward made a motion to approve the Oct. 26 minutes. Cable second and all 2. Fleming provided an update from the Davidson Veterans' Committee. The committee has 2 more meetings and will make a recommendation by the end of May on the site location, monument elements and fundraising strategy. Thei initial fundraising goal for the Veterans' Monument is $250,000. The committee will forward their recommendations to DPAC sO that DPAC can facilitate the call for 3. Fleming gave an update on the Public Plaza project. A proposal from groundworks studio is attached for DPAC to review. Fleming and Nelson are meeting with the 4. Szostek and Woodward gave an update on the proposed Cats About Town project. This project would be to commission a variety of solid bronze cats to place in various areas around town. DPAC is very interested in pursuing this project and  approved.  artists and construction of the monument.  donor on Tues. Apr. 4 to review the project and timeline.  asked for more: information on pricing and location sites.  1    5. The Town has asked DPAC to help curate thei inside of the new Town Hall & Community Center. Susan Montague volunteered to act as coordinator for this 6. Any available DPAC members are asked to come to Art on the Green at 10:30 on 7. Banners from the DPAC banner project have been framed and are hanging in the hallways of the new Town Hall. Fleming will write a description of the project using Cable'si 1 initial paragraph to hang on the wall next to the banners. The banners that  project.  Sat. Apr. 29 to act as judges for Art on the Green.  have been removed from the street will be offered to each artist.  8. Next meeting is scheduled for May 31 at 5:00 p.m.  9. Meeting adjourned at 6:08 p.m.  IV. OLD BUSINESS  IV.a Davidson Veterans Monument  Veterans Committee 5-23-23.pptx  IV.b Cats About Town  DPAC Cats About Town Possible Locations for Approval.pdf  IV.c Public Plaza Contract  2215Davidsonlown-al-Lamdscapevision-an-contraet-2-14-2023.pdr  V. NEW BUSINESS VI. NEXT MEETING  2    Thelownof  Davidson  Davidson Veterans  Monument  BBA  Tom Leonhardt & Chris Sheehan Davidson Veterans Committee  Town Board Meeting May 23, 2023  ETT  wwxtounotlawdan.ogy  3    Kick-off Meeting - Oct. 25, 2022  Site Selection - Dec. 12, 2022  DAVIDSON  Vision & Fundraising Feb. 27, 2023  VETERANS  Concept Ideas - Mar. 20, 2023  Project Site Discussion - Apr. 17, 2023  PROJECT PROCESS  Final Concept & Site Recommendation - May 1, 2023  Project Completion - Nov. 11, 2024  Chris  4    DAVIDSON VETERANS MONUMENT VISION  To commemorate all who have honorably  served in the military to defend our Nation  and support our way of life.  5    DAVIDSON VETERANS MONUMENT CONCEPTS  Monument Physical Attributes  Monument Emotional Attributes  Simple Elegant Stunning Unique  Gratitude Service  Higher purpose Unifying Thoughtful Peaceful  POW & MIA recognized American flag  Every military branch recognized Landscaping with seating incorporated is  important  Recognizing individual Veterans can be a separate project including a digital  database  6    DAVIDSONVDTERANSMONUMENTSITE  We recommend the Post Office Plaza as the site for the Davidson Veterans' Monument.  Davidson  Why this site?: High foot traffic and visibility for veterans, citizens, and visitors of  all generations.  7    DAVIDSON VETERANS MONUMENT  Establish Fundraising Chairs from Davidson Veterans' Committee  Goal of $250,000  Additional $25,000 from Davidson Public Art Commission  Seek grant opportunities  Develop strategy and roadmap  Develop professional marketing materials for pitch meetings  Accept both corporate and individual donations  Will not sell tangible items for fundraising (e.g., bricks with names)  8    DAVIDSON VETERANS COMMITTEE NEXT  Davidson Veterans Committee  Davidson Public Art Commission  Fundraising Committee  DPAC  Presentation to Town Board  Project Manager Construction  Artist selection  Feedback Loop  Fundraising  Monument renderings  Lanascaping  Veterans Committee  Finished Project Goal: November 11, 2024  9    DAVIDSON VETERANS COMMITTEE  10    Questions?  Theownof Davidson  11    CATS ABOUT TOWN  Possible Locations for Consideration/Approval From Members of the Commission  DAVIDSON PUBLIC ART COMMISSION  12    INFORMATION PHONE BOOTH ON  MAIN STREET  INFORMATION  1. Cat with a Phone in its hand 2. Cat reading a Map  3. Cat with a Hat ready to answer your  questions 4. 5. : 6.  May 23, 2023  DAVIDSON PUBLIC ART COMMISSION  2  13    ON SIDEWALK UNDER BENCH AT DAVIDSON COLLEGE STORE  1. Cat Student with DC sweatshirt 2. Cat with a DC baseball cap 3. Cat dribbling a basketball  4. : 5. 6.  May 23, 2023  DAVIDSON PUBLIC ART COMMISSION  14    COURTYARD OUTSIDE OF POST  OFFICE  1. ON A ROCK AS THE BASE  2. ON THE BASE OF BOUQUET ART  1. Cat with a bouquet of flowers  2. Cat with a postcard or envelope in its paws  orr mouth 3. Cat writing a letter  4. 5. : 6.  May 23, 2023  DAVIDSON PUBLIC ART COMMISSION  15    ON SIDEWALK OUTSIDE OF THE  10-0258  ESCAPE ROOM  1. Catjumping  2. Cat with a butterfly on its nose 3. Cat stretching paws and standing on back  feet 4. 5. 6.  May 23, 2023  DAVIDSON PUBLIC ART COMMISSION  5 16    ON SIDEWALK OUTSIDE THE VILLAGE  STORE BY COLUMN  $LA  1. Cat curled up sleeping 2. Cat playing with a chess piece 3. Cat pouncing 4. 5. 6.  May 23, 2023  DAVIDSON PUBLIC ART COMMISSION  17    ON SIDEWALK IN THE CORNER BY  26  WELLS FARGO  (CAN MAGAZINE RACK BE MOVED?)  1. Cat at bottom of the wall thinking about  climbing 2. Cat licking its paws 3. Cat with rounded back  4. 5. 6.  COURTVARD  May 23, 2023  DAVIDSON PUBLIC ART COMMISSION  18    ON SIDEWALK UNDER THE BENCH IN FRONT OF MAIN STREET BOOKS  1. Catwriting in a journal 2. Kitten with a ball of yarn 3. Cat laying on a book  4. 5. 6.  May 23, 2023  DAVIDSON PUBLIC ART COMMISSION  19    ON THE SIGN OUTSIDE OF SUMMIT AND FARMER'S MARKET  Every  1. Cat driving the car 2. Cat climbing the sign 3. Cat with a shopping bag  Parki P  4. 5. 6.  kto  MO-SAT BATDAN  May 23, 2023  DAVIDSON PUBLIC ART COMMISSION  9 20    ON THE SIDEWALK OUTSIDE OF RAEFORDS BARBERSHOP  1. Cat with scissors 2. Cat with a towel  3. Cat with a mirror in its paws  4. 5. 6.  May 23, 2023  DAVIDSON PUBLIC ART COMMISSION  10 21    ON THE SIDEWALK IN THE CORNER OUTSIDE OF WADE ASSOCIATES  FDC  1. Cat with a fireman hat 2. Fat cat with a smile 3. Cat with a firehose  4. 5. 6.  Closed Daily ForLunch 12pm 1pm  May 23, 2023  DAVIDSON PUBLIC ART COMMISSION  11 22    POLICE STATION STEPS BY ONE OF  THE COLUMNS  1. Catv with a police hat 2. Cat on patrol 3. Cat with a police badge  4. 5. 6.  May 23, 2023  DAVIDSON PUBLIC ART COMMISSION  12 23    POLICE STATION RIGHT SIDE ON A BOULDER IN THE LANDSCAPE  1. Cat laying on the rock swiping his paws at  TL  something  2. Cat sleeping on the rock 3. Cat pointing at the farmer's market  4. 5. : 6.  May 23, 2023  DAVIDSON PUBLIC ART COMMISSION  13 24    DANCE OF LIFE ON THE WALL  1. Cat dancing 2. Cat in a tutu  3. Cat balancing on one leg  4. : 5. 6.  20XX  PITCH DECK  14 25    ON THE TOT WALL  FIFTH THIRD BANR  1. Catj jumping rope 2. Kitten laying on the wall 3. Kitten with a ball  4. 5. 6.  May 23, 2023  DAVIDSON PUBLIC ART COMMISSION  15 26    ON THE LEARN TO READ WALL AT  THE LIBRARY  LIC. LIBRARY  1. Cat with glasses reading a book 2. Cats scratching its ears 3. Cat licking its paws  4. 5. 6.  May 23, 2023  DAVIDSON PUBLIC ART COMMISSION  16 27    Jodi Hollnagel-Jubran  ABOUT THE ARTIST: JODI HOLLNAGEL-JUBRAN ttps:/odinolinagelyubran.com  Jodi Hollnagel-Jubran holds a BFA in Sculpture from UWM in Wisconsin and a Masters from  East Carolina University. Some of her accomplishments includea 22 ft. wing-spanned eagle in Wingate, an 11 ft. bronze wildcat at Davidson College, a 12 ft. bronze Scotsman at Presbyterian College, a 13 ft. bronze Pirate at East Carolina University, and life- size cast bronze and stainless steel images of children creating art for the Community Center for the Arts in Kinston, NC.  MIA AL STAD  With her husband Hanna Jubran, she has traveled in many parts of the world participating "My Mother is an artist and my Father was a craftsman and so from both my journey  in sculpture symposiums.  began. :  The Community Center for the Arts Kinston, North Carolina  28    PROPOSED BUDGET  Based on 9 bronze stylized cats 5" to 6" in length with pins for permanent attachments  $4,500  Per Cat  $500  This does not include shipping or installation. Once we propose a cat idea, we can get more details on shipping estimate or installation costs.  The pricing is an estimate. Pricing depends on detailed and what accoutrements are needed for cat. There is modeling, mold making, casting, finishing, patina, SO many steps to making a bronze.  ???  29    Once locations are approved by the commission, we need to come-up with what type of cat fits best in the location.  Consider how will those cats fit into a story that can be weaved.  WHAT'S NEXT?  Then we need to send to the artist SO she can create the design based on our requests. She will then provide a detailed pricing along with timeline. She thinks from start to end: 4 to 5  months.  30    groundworks  STUDIO  Professional Services Agreement Ms. Kim Fleming Economic Development Director Town of Davidson Davidson, NC 28036  Re: Agreement for the Town of Davidson Town Halll Landscape Vision Plan  The following Agreement, when accepted by you, will constitute an agreement (hereinafter the "Agreement") between you, the "Client" and GROUNDWORKS STUDIO, PLLC (GWS), made as of the date of your acceptance, for GWS, to perform the professional services described below for the  compensation and on the other terms and conditions hereinafter set forth: PROJECT: Town of Davidson Town Halll Landscape Vision Plan  PROJECT#: 2215  EFFECTIVE DATE: February 14, 2023 SCOPE OF SERVICES:  1.  A.  Definitions of Terms: Client: Town of Davidson Consultant: groundworks studio GWS: groundworks studio Services: Professional Services  Project: Town of Davidson Town Hall Landscape Vision Plan  B. C. D.  Project Boundary: The project site is the landscape area along the renovated Davidson Town Hall Building, located at 251 South Street, to the Cathey intersection, and area at Services: The Services includes code and historic research, the Landscape Vision Plan, Client and Davidson Public Art Commission meetings, and conceptual cost estimate. Base Map Preparation and Fieldwork: Client to provide GWS the topographic survey, site plan, and code required planting plan in AutoCAD format. GWS to create a scaled base map. GWS to conduct field work including field notes, photos, and site observations. Code Requirements: GWS to review code requirements and design parameters for the Historical Research: GWS to conduct historical research on the building and the  specimen oak at the auditorium entrance.  Meeting #1.  E. F.  project with the Town of Davidson.  neighborhood for potential inspiration for project.  GROUNDWORKS STUDIO, PLLC  GWS# 2215 1of6  Town of Davidson Town Halll Landscape Vision Plan  31    G.  Landscape Vision Plan:  1.  Ideas + Concepts: GWS will create concept sketches and share ideas with Client for outdoor work spaces, seating areas, shade structures, paving, site lighting, art, site furnishings, and planting. GWS to review with Client for Landscape Vision Plan: GWS will incorporate Client's feedback from Ideas + Concepts meeting and will develop the Landscape Vision Plan. Design to be drawn in AutoCAD. Deliverables will include a color rendered Landscape Conceptual Design Cost Estimate: GWS will provide a conceptual level cost Davidson Public Art Commission Meeting: GWS will meet with the Davidson Public Art Commission online or in person to present the Landscape Vision Plan.  review andi feedback. Meeting #2.  2.  Vision Plan and PowerPoint presentation. Meeting #3.  3. 4.  estimate of the design. Meeting #4.  H.  Construction Documentation Phase:  1) Bidding: 1)  Construction Documentation Services are not included within this contact. At the Client's request, a separate contract will be provided for these services.  I.  Bidding Services are not included within this contact. At the Client's request, a  separate contract will be provided for these services.  J.  Plan Review/Permitting:  1)  Plan Review/Permitting: Services are not included within this contact. At the Client's request, a separate contract will be provided for these services.  K.  Construction Phase Services:  1)  Construction Phase Services are not included within this contact. At the Client's request, as separate contract will be provided for these services.  2.  CLIENT'S RESPONSIBILITIES  A.  The Client agrees to provide GWS with the topographic survey, site plan, and planting plan in AutoCAD from Town Hall project in order to provide its professional services. GWS may rely on the accuracy and completeness of these items. The Client recognizes that it is impossible for GWS to assure the accuracy, completeness and sufficiency of such intormation, either because it is impossible to verify, or because of errors or omissions which may have occurred in assembling the information the Client is providing. Accordingly, the Client agrees, to the fullest extent permitted by law, to indemnify and hold GWS and GWS's subconsultants harmless from any claim, liability or cost (including reasonable attorneys' fees and costs of defense) or injury or loss arising or allegedly arising from errors, omissions or naccuracies in documents or other information provided The Client to provide all applicable code requirements and design parameters to GWS.  by the Client to GWS.  B.  GROUNDWORKS STUDIO, PLLC  GWS#2215 2of6  Town of Davidson Town Halll Landscape Vision Plan  32    C. The Client to provide available historic information of building and neighborhood to GWS. The Client agrees to provide the items described in Article 2.A and to render decisions in a timely manner sO as not to delay the orderly and sequential progress of GWS's  D.  services. SCHEDULE: A.  3.  Landscape Vision Plan: +/- four months  The amount of compensation may be equitably adjusted, if the Services included in this Proposal have not been completed according to the Project Schedule and the dates or time frames have been extended or delayed. GWS shall render its services as expeditiously as is consistent and in accordance with professional skill and care ordinarily exercised by practicing design professionals performing similar services in the same locality and under the same or similar circumstances and conditions. No other representations and no warranties, express or implied, shall be applicable to the performance of GWS' services hereunder. During the course of the Project, anticipated  and unanticipated events may impact any Project schedule.  4.  COMPENSATION: A. B.  The cost oft this work shall be $20,250, exclusive ofr reimbursable expenses.  Standard Hourly Billing Rates: Principal - Laurel Holtzapple, RLA Landscape Architect - Krista Murphy, RLA  $150 $110  C.  REIMBURSABLE EXPENSES: Expenses incurred will be billed at actual cost plus 10%. The Client shall reimburse GWS for reasonable and necessary out-of-pocket" expenses, including but not limited to travel, reproductions, special-express mailing, courier fees, special equipment, permit and inspection fees, and other costs not otherwise part of normal office overhead. The use of company vehicles on a project willl be billed at the IRS  mileage rate. TERMS AND CONDITIONS:  5.  A.  CHANGED CIRCUMSTANCES  Ifduring the term of this Agreement, circumstances or conditions that were not originally contemplated by or known to GWS are revealed, to the extent that they affect the Services, compensation, schedule, allocation of risks or other material terms of this Agreement, GWS may call for renegotiation of appropriate portions of this Agreement. The Client and GWS shall promptly and in good faith enter into renegotiation of this Agreement to address the changed conditions. If terms cannot be agreed to, either party has the right to terminate this Agreement, in accordance with the termination provision GWS will submit invoices for completed services rendered on a monthly basis and the Client agrees that said invoices are due upon presentation and considered past due if not paid within ten (10) calendar days of receipt. Balances due over thirty (30) days will be assessed an interest rate of 1-1/2% per month. Client agrees to pay for any costs of collection including, but not limited to lien costs, court costs or attorney's fees involved in  hereof. PAYMENT  B.  ora arising out of collecting any unpaid or past due balances.  GROUNDWORKS STUDIO, PLLC  GWS# 2215 3of6  Town of Davidson Town Halll Landscape Vision Plan  33    Payment to GWS is a material consideration of this Agreement. Therefore, GWS has the right to suspend performance of services for non-payment of undisputed invoices upon five (5) calendar days notice to the Client. GWS shall not be liable, nor in any way be responsible for damages, delays or increased costs that may occur as a result of GWS's suspension of services. Nothing in this section shall be construed as limiting GWS's Upon the parties signing this Agreement, GWS grants Client a nonexclusive license to use GWS's Design for the Project, provided Client performs in accordance with the terms of this Agreement and provided that GWS has been paid ini full for the Services. No other license is implied or granted under this Agreement. Design means () all instruments of professional service prepared by GWS, including but not limited to the Vision Plan drawings and documents, recorded in any format, (the "Instruments of Service") and () the design depicted in the Instruments of Service. GWS retains all rights, including Client shall not reuse the Instruments of Service on other projects without GWS's express written consent. In the event the Client reuses the Design, with or without consent, without retaining GWS, the Client releases GWS from all claims and causes of action arising from such uses, and to the extent permitted by law, further agrees to indemnify and hold harmless GWS from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Client's use of the Instruments of Service. For purposes oft this paragraph only, "GWS" means GWS and its subconsultants and either of The Client agrees that to the fullest extent permitted by law, the total liability, in the aggregate, of GWS and its owners, members, employees, agents, and subconsultants to Client, including for any indemnification requirements, for any and all injuries, claims, losses, expenses, or damages whatsoever arising out of or in any way related to GWS's Services, the Project or this Agreement, from any cause or causes whatsoever, including but not limited to, the negligence, errors, omissions, strict liability, breach of contract, misrepresentation, or breach of warranty of GWS or GWS's owners, members, employees, agents or subconsultants, or any of them, shall not exceed the total fees Notwithstanding: any other provisions in this Agreement to the contrary, nothing herein contained shall be construed as: (a) constituting a guarantee, warranty or assurance either expressed or implied, that the professional services will yield or accomplish a perfect or certain outcome for the Project; or (b) obligating GWS to exercise professional skills and judgment greater than that which can be reasonably expected from other similarly situated Landscape Architects performing similar services in a similar vicinity under like circumstances; or (c). an assumption by GWS to liability greater than or differing from those explicit in this Agreement; or (d) an assumption by GWS of the In addition, and notwithstanding: any other provisions of this Agreement, the Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless GWS, its owners, members, agents, employees, and subconsultants, (collectively, GWS, for purposes of this paragraph) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, arising out of or in any way connected with this Project or the performance by any of the parties above-named of the Services under this  rights under N.C. Gen. Stat. S 44A. OWNERSHIP OF DESIGN  C.  copyrights, in its documents.  their owners, members, employees or agents.  D. RISK ALLOCATION  received by GWS for the Services.  liabilities of any other party. INDEMNIFICATION  E.  GROUNDWORKS STUDIO, PLLC  GWS#2215 4of6  Town of Davidson Town Halll Landscape Vision Plan  34    Agreement, excepting only those damages, liabilities or costs attributable to the negligent This Agreement and the legal relations between the parties hereto shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to choice of law provisions. Prior to thei initiation of any legal proceedings, the parties to this Agreement agree to submit all claims, disputes or controversies arising out of or in relation to the interpretation, application or enforcement of this Agreement to mediation. Such mediation shall be conducted under the auspices oft the Construction Mediation Rules of the American Arbitration Association or such other mediation service or mediator upon which the parties agree. The Party seeking toi initiate mediation shall do sO by submitting ai formal, written request to the other party to this Agreement. This section shall survive completion or termination of this Agreement, but under no circumstances shall either party call for mediation of any claim or dispute arising out of this Agreement after such period oft time as would normally bar the initiation ofl legal proceedings to litigate such claim or dispute under the laws of the State of North Carolina Participation inr mediation shall be a condition precedent to the initiation of legal proceedings. Either Client or GWS may terminate this Agreement upon seven (7) days written notice. If terminated for noi fault of GWS, Client agrees to pay GWS within thirty (30) calendar days oft termination for all Services rendered and Reimbursable Expenses incurred up to the The GWS will perform its services with due and reasonable diligence, as expeditiously as is consistent with sound professional practices. GWS acknowledges the importance to the Client of the Client's project schedule and agrees to put forth reasonable efforts in performing the services with due diligence under this Agreement in a manner consistent with the project schedule identified in the Scope of Services. The Client understands, however, that the GWS's performance must be governed by sound professional  acts, errors or omissions, or willful misconduct by GWS.  F.  DISPUTE RESOLUTION  G.  TERMINATION date of termination.  H.  TIMELINESS OF PERFORMANCE  practices. 1. 2. 3.  I.  MISCELLANEOUS PROVISIONS  This Agreement is the entire and integrated Agreement between the Client and GWS and supersedes all prior negotiations, statements or agreements, either The parties may amend this Agreement only by a written instrument signed by Int the event that any term or provision of this Agreement is found to be unenforceable or invalid for any reason, the remainder of this Agreement shall continue in full force and effect, and the parties agree that any unenforceable or invalid term or provision shall be amended to the minimum extent required to  written or oral. both Client and GWS.  make such term or provision enforceable and valid.  GROUNDWORKS STUDIO, PLLC  GWS# 2215 5of6  Town of Davidson Town Halll Landscape Vision Plan  35    Terms and Conditions above. I understand that this document shall constitute the entire agreement with GWS. In the event of conflict between these Terms and Conditions and any attachment, exhibit, or prior  agreement between the parties, these Terms and Conditions shall control.  Consultant: GROUNDWORKS STUDIO, PLLC  Signature: Title: Principal  Laurel Holtzapple  Date: February 14, 2023  Client: Kim Fleming, Town of Davidson  Signature:  Date:  Printed Name:  Title:  Please return a signed copy of this Agreement to us which is a material requirement for GROUNDWORKS STUDIO, PLLC to proceed. Professional services shall not be performed prior to the effective date of this Agreement.  GROUNDWORKS STUDIO, PLLC  GWS#2215 6of6  Town of Davidson Town Halll Landscape Vision Plan  36