Lynn Call for Creatives For Release 03022020.pdf

2020 CALL FOR ARTISTS

Pitch a Public Art Concept for Mt. Vernon Street Plaza!

I. OVERVIEW

The City of Lynn, the Downtown Lynn Cultural District (DTLCD), and the Lynn Public

Arts Commission (LPAC) are seeking an artistic concept for a signature work of art at Lynn’s Mt. Vernon and Exchange Street plaza. The goal of this project is to install artwork that reflects the spirit of Lynn, enlivens the gateway to the DTLCD as a destination, and increases use of the plaza as a gathering space.

SITE

Artists are encouraged to envision concepts for a circular patch of land reserved for public art in the sidewalk plaza at the corner of Mt. Vernon Street and Exchange Street.

AWARDS

Pre-qualified public art concepts are eligible for funding up to a range of $75,000 less funds allocated for concept development through concept-development grant agreements. Funding is inclusive of materials, artist fees, insurance, design and development, fabrication, contingency, and installation costs.

WHO CAN APPLY

Current residents of Lynn, Massachusetts, and the North Shore are strongly encouraged to apply. The call is open to any resident of the United States of America aged 18 years or older; however, individuals located outside of Massachusetts must partner with an individual or organization in Massachusetts.

Individuals, organizations, and teams with experience in community engagement and the design and fabrication of public art are eligible. Artists lacking experience in either community engagement or the design and fabrication of sculptural artwork must subcontract or partner with another individual or entity that can demonstrate the relevant experience. Any subcontractor must be identified as part of the team submitting for artist pre-qualification. Eligibility criteria are included in Sections II and III.

KEY DATES

Call for Artists Release: March 2, 2020

Call for Artists Information Session: March 12, 2020

Question Submission Deadline: March 26, 2020

Amendments to Call for Artists Posted: April 2, 2020

Artist Pre-qualifications Submission Deadline: April 30, 2020

Invitation to Submit Public Art Concepts to Qualified Artist Teams: May 14, 2020

HOW TO APPLY

Submissions will be received online at www.CallforEntry.org (CaFÉ) until April 30, 2020 at noon. If you would prefer to submit a physical copy, please deliver your materials to Carolyn Cole, Director of the

DTLCD; Community Development, Lynn City Hall, 3 City Hall Square, Room 305.

Questions must be submitted in writing no later than March 26, 2020. Please send your written questions to

Marjorie Weinberger at mweinberger@mapc.org. Answers will be posted publicly on April 2, 2020.

http://www.callforentry.org/ mailto:mweinberger@mapc.org

Artist Selection Process Details

II. ARTIST TEAM PRE-QUALIFICATION SUBMISSION ELEMENTS

1) Application Form

a) Contact information for Team Lead (full name, email, phone number)

b) Bios (for you and/or your team)

c) Letter of Intent (max. 250 words) describing preliminary artistic concept and media

d) List of relevant project experiences including public art design and fabrication, and community engagement (please identify which team members are associated with each project). Also include the following:

e) Links to information about or images of project work listed above

2) Three References for project work listed in (d) above. If team has not worked together previously, at least one project references per team member is required.

3) Insurance Information (insurance company, policy holder, coverage, amount)

4) Partnerships and Engagement Statement

a) Please describe your approach to community engagement and partnerships in the design and fabrication of public art. Include your understanding of the value and benefit of community engagement and the challenges associated with community engagement within your public art practice.

b) Please recommend strategies that would enable you or your team to connect with and incorporate the context and community identity of Lynn into your concept development. These recommendations will be taken into consideration by the City of Lynn in the concept development phase.

III. MINIMUM ARTIST/ARTIST TEAM PRE-QUALIFICATION REQUIREMENTS

Artists and Artist Teams will be pre-qualified to develop concepts if they meet the following criteria:

Application: Qualifying applications must be complete and include all required documents.

Alignment with Values: Preliminary concepts will be evaluated for alignment with project values.

Concepts that do not reflect the values articulated in the Call for Artists will not be evaluated further.

Expertise: Artist and/or team must demonstrate experience through completed projects in the following areas: design of public art; fabrication of public art; and community engagement for art projects.

Engagement: Any qualifying artist or artist team must include an approach to community engagement and recommendations for engagement strategies that align with artistic concept.

References: Any qualifying artist team must supply a minimum of three references for completed work or at least one reference per team member. Qualifying references must have had a supervisory role related to the project or have held commissioning or approval authority over the project.

Quality: Qualifying project experience must represent a standard of quality such that references do not report concerns with project completion timeline or budget or with the durability, maintenance, or safety of the delivered product.

Artist/Artist Teams pre-qualified to submit concepts must sign grant agreements in order to receive funding for concept development as Qualified Artist Teams.

Concept Selection Process Details

IV. PUBLIC ART CONCEPT SUBMISSION REQUIREMENTS

Submissions of public art concepts by Qualified Artist Teams will be reviewed by the City of Lynn and subject matter experts for conformance to minimum concept requirements. All concept submissions must include the following required elements:

1. Application Form:

Project/Idea Title

Project Team (any new or alternate members are subject to pre-qualification review to determine team eligibility)

Contact Information

Project Description (Max. 500 words)

Description of how project will engage Lynn residents and reflect local community identities and/or respond to local priorities (Max 200 words)

2. Detailed Images: Images must illustrate the following information:

Spatial arrangement of concept elements

Measurements of the artwork, including its size relative to surrounding features

Views and access to the artwork the artwork from important pedestrian approaches.

Images should be produced using one or more of the following methods:

Plan, Side Elevations, and Cross-Sections. Drawings depicting the size, and scale of the artwork with measurements. Drawings may also indicate the way in which it can be secured to the ground as well as the materials used, colors, and other relevant details.

Site Plan. Plan of proposed concept over existing site plan to show the artwork’s size and scale relative to other features and objects in the plaza as well as the pedestrian access to the artwork.

Must be used in combination with other techniques to show concept in perspective relative to surroundings.

Perspective Renderings. Rendering of concept in perspective using foreground and backdrop to depict all design features in concept and show relationship of artwork to plaza, street, viaduct and other surroundings.

3. Detailed Engagement Plan: Detailed one page plan for building partnerships with and engaging

Lynn artists, organizations, and residents in installation and maintenance of final artwork.

4. Project Timeline: Estimated timeline for final design, engagement, fabrication and installation.

5. Maintenance Plan: Maintenance plan specifying materials and material characteristics, how artwork elements will be joined together and affixed to the ground, and whether any elements are intended for motion, digital display, or lighting effects. Plan should identify appropriate ongoing maintenance needs and potential issues that could arise in which conservation or restoration may be necessary. Plan should identify a strategy for how this work may be accomplished.

6. An Itemized Project Budget: Estimated cost including artist time and materials, transportation, engagement, insurance, and contingency.

V. EVALUATION OF FINAL SUBMISSIONS BY QUALIFIED ARTIST TEAMS

The Metropolitan Area Planning Council will manage the application process. The

City of Lynn and subject matter experts will review concepts to confirm they meet the minimum concept submission requirements. Concepts that meet the requirements will be forwarded to a public review and final selection process. The City of Lynn reserves the right to withdraw the Call for Artists at any time and without penalty.

MINIMUM CONCEPT REQUIREMENTS

1. Artistic Merit

1.1 Artistic concept meets at least two of the following criteria:

o Coherence: Concept is coherent and artwork communicates its meaning effectively.

o Resonance: Concept resonates with the values of the LCPWG, provokes an emotional response from reviewers or elicits a new way of seeing the world.

o Harmony: Form, color and materials and massing are balanced and in harmony.

2. Engagement and Interaction

2.1 Concept includes plan to engage Lynn residents and/or artists o Concept must include detailed plan for engaging Lynn residents with at least one opportunity for public engagement including:

Engagement that provides opportunities for residents to participate in artmaking.

Engagement that trains local artists in the artistic process.

2.2 Artistic concept provides opportunities for interaction with viewers o The artwork provides direct or indirect visual, tactile, mechanical, digital, or other feedback or social benefit in response to actions taken by the viewer.

3. Style and Appropriateness

Artwork should demonstrate that it is compatible with the urban fabric and Lynn Community. Artwork should respond to and reflect a consideration of the core values of bridging generations, education, and justice.

3.1 Site Compatibility

o Artwork creates strong focal point for pedestrian plaza and artwork conforms to MBTA setback requirements and does not impede ADA accessibility of sidewalk, crosswalks, or bus boarding areas.

3.2 Community Compatibility

o Artwork is unique to Lynn and reflects or responds to the particular history, heritage, or social dynamics of Lynn communities. If artwork is related to an established body of artistic work, it has been adapted to reflect or respond to the particular history, heritage, and social and cultural context of Lynn.

3.3 Connection to Values

o Artwork elevates at least one of the core project values of bridging generations, education, and justice through its process, form, or interpretation.

4. Technical Considerations and Feasibility

4.1 Technical Considerations

o Artist or artist team has submitted all application elements including detailed budget and timeline, community engagement plan, and concepts with drawings and maintenance plan.

4.2 Feasibility

o Concept and installation are compliant with design and installation specifications included in

Appendix D.

5. Diversity: Project team reflects the overall project goal to strive for diversity by including project partners that represent eligible categories of certification based on the criteria used by the Massachusetts Office of Supplier Diversity.

6. Safety and Maintenance

6.1 Safety

o Artwork is made with durable materials for outdoor conditions and will be attached to the ground with a sound footing. Artist provides an account of safety considerations and an approach to mitigate potential hazards.

6.2 Maintenance

o Artwork materials are resistant to New England weather conditions (including sun exposure, strong winds, and freezing conditions), degradation, theft and/or vandalism and require minimal periodic maintenance.

o The artist has identified potential issues that could arise in which conservation or restoration may be necessary, and has identified a strategy for how this work may be accomplished.

VI. PUBLIC REVIEW

Concepts that meet the Minimum Concept Requirements will be advanced for public review and selection.

Qualified Artist Teams will have an opportunity to present their concepts to the public before public input is solicited to inform final concept selection.

VII. CITY OF LYNN EQUAL OPPORTUNITY POLICY

The City of Lynn is committed to ensure that all programs, services, policies, and practices are formulated and conducted in a manner which will ensure equal access for all people and prevent discrimination not only as a matter of law, but also as a policy designed to encourage the participation of all segments of the Commonwealth’s population in the City of Lynn’s programs and services.

The City of Lynn is dedicated to creating a workplace, programs, and services that welcome, respect and value people of all races, color, age, sex, ethnicity, sexual orientation, gender identity, religions, creeds, ancestry, national origin, disability and veteran status, and does discriminate on the basis of these attributes. We strive to reflect diversity in all activities, programs and services by removing any barriers to accessibility.

Conflict of Interest

To ensure that all City of Lynn review panels are free from conflicts of interest and/or the appearance of such conflicts, panelists are required to disclose any current or prospective affiliations they or their immediate family members have with an actual or potential applicant. “Affiliations” applies to employment, board memberships, independent contractual relationships, advisory or policy relationships, substantial contributor relationships, or other financial relationships. In addition, panelists are required to disclose any past or current adversarial relationships with actual or potential applicants of a professional or personal nature. City of Lynn employees are not permitted to participate in discussions or votes relating to any applicant with whom they have an affiliation or relating to any applicants competing with that applicant.

https://www.mass.gov/info-details/learn-about-the-supplier-diversity-program-sdp

2019 CALL FOR ARTISTS

Process Timeline

SELECTION PROCESS SUMMARY

STEP 1: Artist/Artist Team Pre-Qualification

1) Artists and artist teams will submit applications for pre-qualification.

2) Artist or artist team qualifications will be reviewed by the City of Lynn and subject matter experts.

This review will determine which artists and artist teams meet the minimum required qualifications.

All artists or artist teams that meet the required qualifications will be invited to submit artistic concepts.

STEP 2: Concept Development and Preliminary Review

3) Qualified Artist Teams will be invited to submit concept proposals. Qualified Artists Teams will be required to enter into a grant agreement in order to receive a maximum of $1,000 per team (not to exceed $9,000 distributed equally across all teams) for concept development.

STEP 3: Final Artist/Artist Team Selection

4) The City of Lynn and subject matter experts will review concepts to confirm they meet the minimum concept submission requirements. Concepts that meet the requirements will be forwarded to a public review and selection process.

5) The selected artist or artist team will enter into a Public Art Grant Agreement with the City of Lynn.

Funding of up to $75,000 for fabrication and installation of public art, less any amount allocated to concept development, will be made available. A copy of the grant agreement will be provided to all Pre-Qualified Artist Teams. The City of Lynn reserves the right to withdraw the Call for

Artists at any time and without penalty.

SELECTED CONCEPT EXECUTION TIMELINE

The selected artist will be awarded the commission to be paid in installments based on satisfactory completion of five deliverables over a ten-month period. The City of Lynn reserves the right to terminate or suspend the contract if deliverables do not meet a set of requirements agreed upon in advance by the City of Lynn and the artist.

Deliverable 1: Signed Public Art Grant Agreement – Estimated due date: November 19, 2020 o Narrative of project including goals and objectives, roles and responsibilities of artist team members, City of Lynn, and other community partners, and anticipated problems or impediments with proposed strategies for addressing the problems identified.

o Work Schedule with estimated completion of deliverables, interim approvals to reach deliverable deadlines, regular project check-ins, and meetings with Downtown Lynn

Cultural District, Lynn DPW, and other community engagement activities.

o Detailed concept drawings for the project.

o Plan for engaging Lynn residents or artists in the fabrication of the process.

o Draft fabrication plan and timeline.

o Draft installation plan and timeline.

o Draft maintenance and conservation plan.

o Signatures of Artist Team lead; Downtown Lynn Cultural District Director, Director of

Community Development, Associate Commissioner of the Department of Public Works, and the Mayor of Lynn.

Process Timeline

Deliverable 2: Approved Final Design – Estimated due date: March 11, o Stamped Construction Drawings.

o Certificate of insurance identifying the City of Lynn as the insured.

o Detailed Fabrication Plan and Timeline.

o Detailed Installation Plan and Timeline.

o Approved by Artist Team lead; Downtown Lynn Cultural District Director, Associate

Commissioner of the Department of Public Works, Director of Community Development, Mayor of Lynn.

Deliverable 3: Fabrication of Artwork – Estimated due date: July 1, 2021 o Artwork fabricated according to approved plans and construction drawings.

o Updated plan and timeline for site preparation and installation.

o Approved by Artist Team lead; Downtown Lynn Cultural District Director, Associate

Commissioner of the Department of Public Works, Director of Community Development, Mayor of Lynn.

Deliverable 4: Installation and Inspection – Estimated due date: July 29, 2021 o Final Site Preparation.

o Successful installation of artwork.

o Approved by Artist Team lead; Downtown Lynn Cultural District Director, Associate

Commissioner of the Department of Public Works, Director of Community Development, Mayor of Lynn.

Deliverable 5: Final Maintenance and Conservation Plan – Estimated due date: August 26, o Detailed information provided about the materials used in the artwork.

o Anticipated maintenance needs and requirements.

o Plan of action for artwork failure or emergency.

o Plan of action for minor repair or maintenance.

o Approved by Artist Team lead; Downtown Lynn Cultural District Director, Associate

Commissioner of the Department of Public Works, Director of Community Development, Mayor of Lynn.

Project Background

PROJECT AREA MAP

BACKGROUND

In 2012, the Massachusetts Cultural Council designated a portion of Downtown Lynn as one of the

Commonwealth's inaugural Cultural Districts. Although appointed in 2012, the history of arts & culture activism in Downtown Lynn goes back decades. Countless individuals and organizations have contributed their time and energy to Downtown Lynn. The Downtown Lynn Cultural District (DTLCD) is a keeper of this movement and collaborates with cultural partners, both new and well-established, to foster a shared creative and cohesive vision for the city’s cultural community.

Lynn's Cultural District has gained much positive momentum in recent years, and the City is interested and invested in building on the successes of all of the DTLCD cultural partners. Identifying the gateway and boundaries of the DTLCD through creative community placemaking and a unique signature work of art is a critical element of this investment. The signature work of public art, which is the subject of this Call for

Artists, should identify the Cultural District and should represent the heart of the community by providing a meaningful display for all Lynn residents to connect to and enjoy. The work of art should act as a magnet, drawing in visitors from surrounding areas and beyond.

In order to progress toward the creation of this artwork and a visually compelling approach to marking district gateways, the City of Lynn Department of Community Development, the Downtown Lynn Cultural

District, and the Lynn Public Art Commission has retained the Metropolitan Area Planning Council to develop a Call for Artists and a creative placemaking strategy. To develop the strategy, MAPC is engaging residents, businesses, local institutions, and artists to identify areas of strength, emerging challenges and a shared vision for a compelling work of art that has widespread community support.

Lynn Creative Placemaking Working Group

The Lynn Creative Placemaking Working Group includes representatives from businesses and organizations active in the cultural district and active in promoting arts and culture throughout Lynn. Organizations represented in the group include the Lynn Public Schools Fine Arts Department, Ironbound Marketplace, the

New Lynn Coalition, The Brickyard Collaborative, the Food Project and Lynn

Farmers Market, North Shore Community College, the Khmer Cultural Planning

Committee and Lynn YMCA, as well as working artists.

What Makes Lynn Special?

In thinking about what makes Lynn a special place, this group identified its local pride, its authenticity, and its people, including immigrants, youth, and multi-generational families. The group emphasized the city’s strength and resilience in the face of hardship and challenge. It is important that public art practices in

Lynn build on the strength of who is here and connect to the residents of Lynn in a meaningful way. Lynn is a city of hidden assets from its natural resources to its historic artifacts to its multi-ethnic cultural diversity.

LIST OF RECOMMENDATIONS AND CONSIDERATIONS

The following sections provide details on the values identified by the Lynn Creative Placemaking Working

Group to guide artists in the development of their proposals and site-specific considerations that applicants may wish to understand as they develop their concepts.

VALUES

Engagement and Interaction

The artwork should invite interaction from visitors and the process of developing the artwork should engage with local residents, artists and organizations. Ideally the work would also invite peer-to-peer interaction, and allow visitors to experience connection with something larger than themselves.

Multi-generational

Youth, seniors, families, young adults, past generations and future. An artwork that helps build connections across generations and across time would resonate with Lynn.

Education

The artwork should help educate the general public on the value and importance of public art as part of the city’s fabric.

Justice

Residents of Lynn are grappling with rising housing costs, environmental degradation, drug use, and other challenges with many local organizations bringing creative approaches with a focus on justice to generate opportunity from challenges. Installing artwork that can tap into that value of justice is important to the Lynn Creative Placemaking Advisory Group.

Support

Make sure the Lynn community and artists feel supported throughout this process.

Positivity and Joy

This work of art should be a source of positivity and joy.

Vivid/Colorful

Consider the bright vivid red along the viaduct. Adding more vivid color would enhance the site.

SITE-SPECIFIC CONSIDERATIONS

Think About How People Use the Space. A majority of people pass through the site on their way to the train station and surveys have indicated that many people do not find the plaza to be a comfortable place to spend time. Users would welcome art that integrates seating, lighting or plant life to enhance the space. Your artwork may address these issues by creating space for people to pause and relax, or enhance the site’s role as a gateway.

Consider the Edges and Organizations. The site is used by its immediate neighbors and they will continue to transform its identity. This summer it will host weekly farmer’s markets and events run by the Ironbound Marketplace. The LynnArts building opens onto the sidewalk across from the site on Exchange Street, and Beyond Walls is moving into a building along Mt. Vernon Street. RAW

Artworks is located on the other side of the Viaduct, and North Shore Community College is just at the intersection of Spring Street and Broad Street. Think about how your project might relate to or how your process might integrate these organizations at the edges of the site.

Capitalize on the Existing Aesthetic. With its combination of murals and raw architectural features around the plaza, this site provides an urban oasis within Lynn. The plaza itself however is dominated by concrete and is periodically occupied by loud buses with diesel exhaust. Artwork here can provide a brief respite from the hardscape and pollution while enhancing connections to the urban fabric that surrounds the site.

Remember that this Space is a Commuter Zone. The site provides access to the Commuter Rail station above and a major bus stop on Mount Vernon Street. Additionally there is parking on

Mount Vernon Street and other parking lots that empty onto the street, making this one-way street an area of high volumes of vehicular traffic. A signature work can provide a visual cue to alert drivers to slow down.

PROJECT PARTNERS

The City of Lynn, the Downtown Lynn Cultural District (DTLCD)

Lynn Public Arts Commission (LPAC)

Metropolitan Area Planning Council (MAPC)

LEARN MORE

To learn more about the Lynn Creative Placemaking Project, visit https://www.mapc.org/resource-library/lynn-creative-placemaking/.

APPENDICES

A. Grant Agreement for concept development

B. Sample Budget Template

C. Site Plan Diagram

D. Site Plan Considerations https://www.mapc.org/resource-library/lynn-creative-placemaking/ https://www.mapc.org/resource-library/lynn-creative-placemaking/

APPENDIX A:

GRANT AGREEMENT FOR CONCEPT DEVELOPMENT

Grant Agreement

By and Between

The City of Lynn

And

Artist’s Name

This Grant Agreement (“Agreement”) is made and entered into by and between the

City of Lynn (“City”), a municipal corporation organized and existing under the laws of the

Commonwealth of Massachusetts, by and through its Mayor, Thomas M. McGee, duly authorized by Timothy Leonard, Purchasing Agent, and (Artist’s Name) (“Artist”), alternatively

“the parties.

Recitals

WHEREAS, City publicly released a Call for Artists on or about _______, 20__, attached hereto as Exhibit A; and, WHEREAS, Artist submitted an application to be prequalified to develop a completed concept for public art as requested in the Call for Artists, attached hereto as Exhibit B; and, WHEREAS, City has reviewed Artist’s application and has determined that it meets all prequalification requirements; and, WHEREAS, pursuant to Massachusetts General Laws, Chapter 30B, section 21, City may, as a public procurement, enter into a Grant Agreement with an individual to “carry out a public purpose”; and, WHEREAS, the creation of public art is a public purpose to enhance the cultural nature, historical background, and beautification of public space;

NOW THEREFORE, in consideration of the mutual covenants set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

Terms and Conditions

1. Term

The Term of this Agreement shall be for ___ months, and it shall expire on ____,____,2020.

1 MGL c. 30B, §2 defines “Grant agreement'', [as] “an agreement between a governmental body and an individual or nonprofit entity the purpose of which is to carry out a public purpose of support or stimulation instead of procuring supplies or services for the benefit or use of the governmental body.”

2. City Covenants

City hereby agrees that it will:

A. Provide Artist with public space during the hours of __ - __, Monday through Friday located at _______________, Lynn.

B. Make payments to Artist in a total amount not to exceed $1,000.00. The

Initial Payment to be made to the Artist shall be ½ of the total amount at the time of execution of this Agreement. Final Payment shall be upon the successful submission and City acceptance2 of Artist’s completed public art concept. Final payment shall be made within 30 days of the successful and approved submission of the Artist’s completed public art concept.

C. Provide Artist with public attribution of its completed public art concept.

D. Conduct a public event or events to showcase Artist’s submission and facilitate a public vote as to whether Artist’s public art concept shall be selected for fabrication and installation. Such public event or events shall equally showcase all prequalified artists who have successfully submitted an approved public art concept.

3. Artist Covenants

Artist hereby agrees that it will:

A. Perform all work as an independent contractor and not as an employee of

City. Artist shall not be deemed to be nor shall it represent itself as an employee, partner or joint venture of the City.

B. Provide any and all materials and equipment necessary to submit an approved submission of Artist’s completed public art concept.

C. Submit its completed public art concept on time and within the requirements set forth in the Call for Artists.

D. Allow the City to reproduce and publicly display Artist’s completed public art concept in any medium of its choice, without exception and without

Artist’s prior approval.

E. Assign to City ownership and title to Artist’s final submitted and approved artistic work. Artists shall retain copyright of all artistic work created under this Agreement. See US Copyright Law Subject Matter of Copyright:

https://www.copyright.gov/title17/92chap1.html#102

F. Affirm that it is the sole creator and owner of the completed public art concept and has full power and authority, unencumbered by the rights of any third party, to enter into this Agreement and to grant the rights set forth herein.

2 City’s acceptance of Artist’s concept shall be predicated upon Artist submitting a concept that meets all requirements set forth in the Call for Artists provided herein as Exhibit A.

https://www.copyright.gov/title17/92chap1.html#102

G. Affirm the completed public art concept will not infringe upon any proprietary right at common law, or any statutory copyright, or trademark right, or any other right of any other third party.

H. Affirm the completed public art concept contains no material that is unlawfully obscene, libelous, that violates the right of privacy or publicity of any person or is otherwise harmful to any third party, so as to subject City to liability or is otherwise contrary to law.

I. Affirm that the Artist fully indemnifies and hold City harmless from and against any and all claims, demands, costs, expenses, liabilities, causes of action and damages of every kind and character (including reasonable attorneys’ fees) which may be asserted by any third party in any way related or incident to, arising out of, or in connection with the

Artist’s completed public art concept.

J. Affirm that Artist will be responsible for the payment of any and all state and federal taxation with regards to received payments.

4. Termination for Convenience

Either party retains the right to terminate this Agreement for Convenience and without cause and without penalty upon 10 days written notice. Upon Notice of Termination for

Convenience by either party, Artist must remit to City all remaining unexpended funds from the Initial Payment.

5. Termination for Breach

In the event that either party terminates this Agreement for any breach of covenants identified herein; the parties agree to negotiate a resolution/cure of such alleged breach within 5 days of Notice of Termination of Breach. In the event that a mutual resolution/cure of the alleged breach cannot be reached after 5 days of the date of the Notice, the parties agree to seek any and all damages in Massachusetts court of competent jurisdiction.

6. Non Assignment

This Agreement is non assignable. Artist may not assign any term, in part or in whole, of this

Agreement.

7. Notices

All notices required by this Agreement shall be in writing and mailed by First Class Mail, return receipt to:

The City of Lynn: 3 City Hall Square

Lynn, Massachusetts 01901

Attention: _Mayor’s Office__

To the Artist: __________________

Attention:_________________

All notices sent to the Artist shall be to the address identified above. Failure of Artist to inform City in writing of any change of address during the Term of this Agreement shall result in the identified address deemed as the last known address, and notice shall be deemed sufficient when sent to this address.

8. Amendments

Any and all amendments to this Agreement must be made in writing and signed by the both parties by a person with designated authority to bind each party.

9. Severability

If any term of this Agreement is held to be illegal, void or unenforceable by a Massachusetts court of competent jurisdiction, all other terms shall remain valid and enforceable.

10. Forum Selection and Venue

This Agreement shall be construed in accordance with the laws of the Commonwealth of

Massachusetts. Any and all legal actions commenced under this Agreement shall be in a

Massachusetts court of competent jurisdiction.

11. Entire Agreement

This Agreement constitutes the entire Agreement between the parties and it supersedes and replaces any prior written or oral agreements or representations between the parties.

IN WITNESS WHEREOF, each party hereto states that it has authority to legally bind their respective party and have executed this Grant Agreement on this, the _____ day of

____, 2020 under the pains and penalties of perjury.

For the City of Lynn, Massachusetts

By:_________________

Print Name

Signature

Title

Approved as to Form:

City Attorney

Date:

For the (Name of Artist):

By:_________________

Print Name

Date:

APPENDIX B: SAMPLE BUDGET TEMPLATE

BUDGET PROPOSAL ARTIST/TEAM: __________________

DESCRIPTION AMOUNT

Artist Design and Project Management Fee $

Overhead or Work Space Rental $

Engagement Expenses $

Materials and Supplies $

Fabrication $

Transportation $

Installation $

Insurance $

Professional Consultant Fees

(for construction drawings and engineer approval)

Documentation of Artwork $

Promotion and Communication $

BUDGET SUBTOTAL $ -

Contingency (5%) $ -

TOTAL BUDGET $ -

APPENDIX C: SITE PLAN DIAGRAM

APPENDIX D: SITE PLAN CONSIDERATIONS

PURPOSE

The Art Installation Site is located on property owned by the City of Lynn within a sidewalk plaza that provides protected pedestrian access through the MBTA viaduct, connecting Downtown Lynn to the waterfront. The plaza accommodates a variety of uses from pedestrian access to bus and rail connections to events and social activities. In addition, the parcel is adjacent to the viaduct and the Newburyport/Rockport Commuter Rail Line owned by the MBTA. The

Newburyport/Rockport Commuter Rail line has the second-highest weekday two-way ridership of the commuter rail system averaging 14,003 two-way riders per weekday in 2012. It is critical that the design and installation of the proposed artwork does not impinge upon the safety of MBTA customers and staff and that it does not disrupt railroad operations. The considerations below outline steps that artists are expected to take to minimize negative impacts to the existing uses of the site and to the MBTA commuter rail system.

MBTA CONSIDERATIONS

The MBTA property adjacent to the Art Installation Site is delineated in the lower right corner of Appendix

C: Site Plan Diagram marked “Remaining Land of / Massachusetts Bay / Transportation Authority / 1987-

8809 / Block 617 Part Lot 8 / Part of Lot L9,” and comprises the viaduct and commuter rail tracks, which are elevated approximately 17 feet above street level. The Art Installation Site is located 26 feet from the MBTA property line.

ADA ACCESSIBILITY

The site plan identifies the locations of various infrastructure and amenities located around the Art

Installation Site including street trees, an electrical box, and light poles. Attention to pedestrian accessibility through the site will be an important consideration for public art concepts. Individuals using motorized wheelchairs require even surfaces and adequate space to maneuver around obstructions. The Federal

Highway Administration makes the following recommendation in regard to providing adequate accessible accommodations for pedestrians in their publication “Accessible Sidewalks and Street Crossings”:

“The pedestrian zone is the area of the sidewalk corridor that is specifically reserved for pedestrian travel. This area should be free of all obstacles, protruding objects, and any vertical obstructions hazardous to pedestrians, particularly for individuals with vision impairments. The pedestrian zone should be at least 1.8 m-

3.0 m (6-10 ft) wide or greater to meet the desired level of service in areas with higher pedestrian volumes…

Wheelchair users need about 1.5 m (5 ft) to turn around and 1.8 m (6 ft) to pass other wheelchairs.”

CONSIDERATIONS AND DESIGN/INSTALLATION RESTRICTIONS

1. Artists should propose concepts that can be installed without a crane to minimize potential risk and impact to the MBTA’s customer safety and railroad operations.

2. Design and fabrication of artwork and all component parts should be stable and resistant to tipping, falling, or detaching.

3. It is strongly recommended that artists adhere to the following size restrictions:

Artwork should not exceed 20’ in height.

Artwork should not include any elements that create a physical impediment to pedestrian, bicycle or motorized wheelchair movement more than 5’ beyond the Art Installation Site to preserve a 10’ wide pedestrian zone around the artwork.

Proposed elements that extend beyond the Art Installation Site should maintain a 10’ wide pedestrian zone through the plaza around existing obstacles.

4. Artwork should not impede ongoing maintenance and repair of sidewalk plaza surrounding the Art

Installation Site.

http://www.bikewalk.org/pdfs/sopada_fhwa.pdf