Public ArtCommissioning Guidelines

Government of Western AustraliaDepartment of Culture and the Arts

2Public Art GuidelinesDepartment of Culture and the Arts

Department of Culture and the ArtsGordon Stephenson House140 William StreetPerth WA 6000

Telephone: +61 8 6552 7300Toll Free (country WA callers only): 1800 199 090TTY users phone 133 677 then ask for 08 6552 7300 Speak and Listen users phone 1300 555 727 then ask for 08 6552 7300 Internet relay users connect to the NRS www.iprelay.com.au/call/index.aspx then ask for 08 6552 7300

Email: public.art@dca.wa.gov.auWebsite: www.dca.wa.gov.au

About Department of Culture and the Arts

The Department of Culture and the Arts (DCA) guides the delivery of culture and arts for Western Australia through the provision of policy development, coordination and support services to the Culture and Arts portfolio. DCA also supports the culture and the arts sector.

This publication is current at September 2015© Department of Culture and the Arts. All rights reserved.

Cover images clockwise from top left:Image: Daniel Hume, Dawn Ranger, Valma Shultz – Kalgoorlie Courthouse, Percent for Art Scheme project. Photo by Travis AndersonImage: Grow Your Own, James Angus in Forrest Place, Perth. Photo by James Angus Image: Nathan Coley, We Must Cultivate Our Garden , Perth Cultural Centre, 2012.Photo by Eva FernandezImage: Antony Gormley, Inside Australia, Lake BallardCourtesy Tourism Western AustraliaImage: Anne Neil, Mark Datodi, Steve Tepper, Patterns and Codes, Percent for Art Scheme project.Photo by Damien Hatton

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Contents

Introduction .................................................................................................................4

What is public art? ...............................................................................................................4

Benefits of public art ............................................................................................................4

Percent for Art Scheme.........................................................................................................4

Other models ......................................................................................................................5

Forms of public art ...............................................................................................................5

Commissioning public art .......................................................................................8Roles and responsibilities ......................................................................................................8

Commissioning models .........................................................................................................8

Appointment of art coordinator ..............................................................................................10

Budget ...............................................................................................................................10

Artwork brief .......................................................................................................................11

Expressions of Interest (EOI) ..................................................................................................11

Short listing ........................................................................................................................12

Design concept ...................................................................................................................12

Final selection .....................................................................................................................13

Contract .............................................................................................................................13

Design development .............................................................................................................14

Design documentation ..........................................................................................................14

Production of artwork ...........................................................................................................14

Completion of artwork ..........................................................................................................15

Evaluation ...........................................................................................................................15

Management of Public Art .....................................................................................16

Copyright, legal title and ownership ........................................................................................16

Maintenance ......................................................................................................................16

Deaccessioning artwork ........................................................................................................16

Resources ....................................................................................................................18

Sample documents ..............................................................................................................18

Additional information ...........................................................................................................18

Acknowledgements ..............................................................................................................18

Contact Details ....................................................................................................................19

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IntroductionThe Department of Culture and the Arts (DCA) recognises the value of public art in enhancing the quality of the built environment and the sense of place within the community.

Public Art Commissioning Guidelines provides best-practice guidelines for State Government agencies, local government authorities, private developers and other businesses wanting to commission public art. The guidelines are intended for use by artists, architects, project managers, contractors, procurement officers and anyone else interested in the process.

What is public art?The term public art refers to artwork in any medium, planned and executed outside of a gallery or museum context, specifically created to be experienced in the public realm.

Public art takes many forms, including (but not limited to) sculpture, painting, installation, multimedia, sound, performance, or may be integrated into architectural surfaces and landscaping.

Public art is often located in highly accessible public spaces, but sometimes situated in isolated sites, or installed in public places with limited access.

Although public art is enjoying a revival, it has a long history inclusive of many cultures, traditions and art forms.

Benefits of public artPublic art contributes to our understanding and appreciation of our cultural and natural heritage, enhancing our built environment and creating more meaningful public spaces.

Public art can deliver social, economic and cultural benefits by:• helping define a place and creating a sense of cultural and community identity; • providing opportunities for artists to expand and develop their arts practice

beyond a gallery context and encouraging creative collaborations between artists, architects, designers, landscape architects, engineers, fabricators and other professionals;

• promoting the wider role and contexts in which artists can contribute to the social, environmental and collaborative fabric of society;

• improving the public experience of buildings and spaces;• creating economic and other benefits for industry professionals including

technological developments; and/or• contributing to cultural tourism by enhancing visitor experiences of a place or an

event.

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Percent for Art SchemeThe State Government’s Percent for Art Scheme ‘the Scheme’ encourages art in the built environment by using a percentage of a development’s overall budget to commission public artworks.

The Scheme is administered jointly by the Department of Culture and the Arts and the Department of Finance’s Building Management and Works (BMW).

Since the Scheme began in 1989, more than 574 artworks have been commissioned by the State, valued at more than $46 million.

Other modelsThe Percent for Art Scheme has been adapted for use by other State Government agencies, local governments and private developers as a model of best-practice. These models are also often referred to as percent for art programs or policies, as they are based on a percentage of a development’s overall budget being used to commission public artworks. Outside the Percent for Art Scheme, there are a number of models such as direct commissioning where the commission is not based on a percentage of the build. For more information see ‘Commissioning Models’ on page 8.

In some public art programs there is a cash-in-lieu option. In-lieu of commissioning an artwork, the artwork budget is handed over to the commissioning agent to determine the acquisition process and the location for the artwork(s). This approach has been used by local governments, State Government agencies and other organisations.

Forms of public artPublic art can take many forms. The definitions below describe the major categories of public art however, the boundaries between these terms often overlap.

Stand aloneStand alone describes artworks that are three dimensional and freestanding rather than embedded into the structure of a building or built space. The work may be a singular piece, a series of related works or an installation. Works of this nature have traditionally been associated with permanent materials (such as marble or bronze) however contemporary artists have expanded public art practice to use a variety of materials including found objects and multimedia.

Image: Grow Your Own, James Angus in Forrest Place, Perth. Photo by James Angus International sculpture competition initiated by the Department of Culture and the Arts.

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IntegratedIntegrated artwork refers to art that is integrated into a building, or built space, such as ceilings, walls, glazing, screens and floors. The work has the potential to span both the interior and exterior spaces of a built structure. Integrated artwork may also assist in defining or separating space.

Image: Anne Neil, Mark Datodi, Steve Tepper, Patterns and Codes, Percent for Art Scheme project.Photo by Damien Hatton

AppliedApplied artwork refers to work that is applied to an interior or exterior surface. This may include commissioned paintings, tapestries and murals.

Image: Daniel Hume, Dawn Ranger, Valma Shultz – Kalgoorlie Courthouse, Percent for Art Scheme project.Photo by Travis Anderson

InstallationInstallation art is where the artwork and the site are integral to each other. The artwork could be comprised of a number of elements but the ensemble may be viewed as a whole. The space may be created with a particular work in mind, or the artist may respond to a given space (e.g. Antony Gormley’s ‘Inside Australia’, Lake Ballard). In addition, installation art may include land art which can be described as art that draws attention to, or intervenes in, a particular environment and is often large scale.

Image: Antony Gormley, Inside Australia, Lake BallardCourtesy Tourism Western Australia

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Ephemeral artworkEphemeral artwork describes non-permanent work that may include temporary installations, performance art, dance, or exhibitions.

Image: Nathan Coley, We Must Cultivate Our Garden , Perth Cultural Centre, 2012.Photo by Eva Fernandez

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Commissioning public artPublic art can be commissioned in a variety of ways. These guidelines present what is considered to be best-practice when commissioning public art. While not all of the stages will be relevant for every commissioning model, the information may still be useful and help provide a context when commissioning public art.

Roles and responsibilitiesThere are three key roles in any public art commission - the commissioner, the creator and the manager.

The client is the commissioner, sometimes known as the commissioning agent. This may be a State Government agency, a local government authority, a private developer or occasionally an architect. In Percent for Art Scheme projects, the commissioning agent may be a government department (such as the Department of Education, Department of Health etc.) and the client may be a school, hospital or prison.

The artist (or artist team) is the creator and is responsible for developing and producing the artwork. Most public art projects engage professional artists. A professional artist is someone who has an established track record as an artist creating and exhibiting original artworks and often holds a tertiary qualification in art. At times it may be appropriate to seek people outside of the above definition to carry out artwork commissions. This may apply in instances when young, local and/or emerging artists or students may be considered appropriate for a particular project.

The art coordinator manages and facilitates the commissioning process of the public art commission. The responsibilities of the art coordinator are detailed later in these guidelines.

Commissioning modelsThere are many different commissioning models. The most appropriate model to commission public art will depend upon a number of factors, including the scope of the project, the budget, whether it is a new build or a refurbishment, how the overall project is being contracted, and the location and profile of the site. Some public art projects use a combination of commissioning models.

For example, the public art commissions for the Kalgoorlie Courthouse used both open competition and direct commission models. The Foyer Oxford, Leederville project combined open invitation with limited invitation models.

Open InvitationRefers to a process that invites all artists to respond to a brief. This is the most common form of commissioning for the Percent for Art Scheme.

The selection process when using an Expression of Interest (EOI) procedure often includes two stages:

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1. Shortlisting a select number of artists from the first round EOI applications and inviting them to further develop their proposal for a design fee.

2. Shortlisted artists present their concept to a selection panel who select one artist or a team of artists.

In some circumstances, an EOI process is not applied. For example, the international sculpture competition which resulted in the work Grow Your Own by artist James Angus, was an open invitation with no EOI process, similar to an architectural competition. However, an advertised briefing session for artists occurred on announcement of the competition. The shortlist process followed the closure of the competition and the selection panel comprised national, independent peer experts with no ongoing association with the site.

CuratedThe art coordinator may take on the role of curator or employ a curator when an area of specialised expertise is needed for the selection of artists or artwork. These projects are rarely advertised.

Examples: Australian Aboriginal Art Commission, Musee du quai Branly Non-Permanent and Ephemeral Public Art Project – Perth Cultural Centre Kalgoorlie Courthouse

Limited InvitationA limited submission invites a selection of artists to either respond to a brief or to present the scope of their art practice to a panel. There is often no EOI process for this commissioning model.

This model is most often used for smaller commissions.

Example: An aspect of the Foyer Oxford, Leederville Percent for Art project involving Central Institute of Technology students.

Direct PurchaseThe commissioner can purchase an artwork directly from the artist or artist’s agent providing they abide by relevant procurement procedures. This is relevant if an artist has a particular body of work appropriate for a specific project.

The Percent for Art Scheme has employed this model when there is a limited budget. Private developers often use this commissioning model.

Examples: Artworks purchased from Sculpture by the Sea exhibition at Cottesloe Beach.

Direct CommissionThis approach differs from the Direct Purchase model in that the artwork is developed

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specifically for the project. Artists are sometimes interviewed as part of this process. This model is often used for engaging Aboriginal artists in the Percent for Art Scheme (using the Aboriginal Business Directory WA Scheme). Example: Some aspects of the Kalgoorlie Courthouse Percent for Art project.

Procurement exemptions exist for Aboriginal artists with a registered business or members of an Indigenous business group.

Under the Aboriginal Business Directory WA scheme (www.abdwa.com.au) Aboriginal artists or members of an Aboriginal artist’s group may register and so qualify for Government direct tendering opportunities up to $150,000. Art coordinators may recommend commissioning an Indigenous artist under these provisions.

Under the Percent for Art Scheme, BMW project managers must seek approval from the BMW General Manager Policy and Practice, who holds the appropriate delegation to legally apply a procurement exemption for the Aboriginal direct engagement provision.

Appointment of art coordinatorThe art coordinator (also known as an art consultant) is responsible for managing all aspects of the public artwork commission including:• liaising with the client, the architect, the artist and the building contractor;• writing the brief for the artists for the EOI;• recommending an appropriate panel membership; • managing the EOI (where required) and the artist shortlisting process, and the final

selection of the successful candidate; • managing the commissioning model(s) selected for the project, where the

commissioning model is outside of a standard Open Invitation or Limited Invitation model;

• organising an architect’s briefing and, where appropriate, a site visit for shortlisted artists;

• ensuring the artist’s contract is signed; • managing studio visits where appropriate to view work-in-progress;• ensuring timely progress payments to the artist and that the work is completed and

installed on time; and/or• collecting data on the project.

A scoping report may also be required to determine opportunities and limitations of the project and provide background, historical and heritage information for the development of the artist’s brief.

Projects commissioned through the Department of Finance for the Percent for Art Scheme will have an art coordinator appointed by BMW from the approved panel.

Public art projects commissioned outside the Scheme are strongly advised to appoint an art coordinator.

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BudgetThe budget allocated to a public art commission should include:• management fee for the art coordinator;• design concept fees for the short-listed artists;• design fee for the successful artist; and• costs associated with producing the artwork.

There may be additional costs associated with the artwork such as:• insurances;• transport costs to site;• footings and foundations;• remedial work to surroundings;• provision of power and water;• interpretive material (such as plaques etc);• installation costs; and/or• ongoing maintenance and conservation of the artwork.

These additional costs may be allocated within the public art budget or elsewhere in the construction budget.

Artwork briefThe artwork brief should be flexible enough to allow for a creative response, while still meeting the client’s needs and any specific functional and technical requirements.

The brief may include:• background to the project, including relevant history and reference to any theme or

master plan;• desired outcomes of the project (such as social or artistic outcomes);• the budget;• the location and characteristics of the building or place;• the scale and scope of the work, including any parameters for the art form and

materials to be used;• the level of consultation expected;• the time schedule for commencement and completion of the work and any other

key milestones;• technical requirements that must be met including site analysis and constraints,

plans and other drawings;• sub-contracting options and responsibilities; and/or• proposed contract arrangements (such as insurance).

The brief should also outline the selection criteria which will be used to assess the different stages of the submission process.

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Expressions of Interest (EOI)The artwork brief is usually released through an EOI process. In some circumstances an EOI is not required, particularly in public art commissions for private developers. In commissioning models where an EOI is not required, an artist’s briefing session may occur with the commissioning agent/client or architect or artists can be directly commissioned.

The EOI process invites artists to submit their interest in undertaking the public art commission.

The EOI submission usually includes:• the artist’s CV;• written responses to the artist’s brief, with demonstrated experience relating to the

selection criteria; and• relevant images of past artworks.

Artists may submit an EOI either as an individual or as part of a team.

Percent for Art Scheme projects are generally advertised on the Government tender website, TendersWA. Artists and those interested in public art commissions can register on TendersWA to be notified when relevant tenders are advertised.

An EOI may also be released via professional visual arts organisations such as Artsource, art coordinator networks, published on relevant websites and/or distributed via a media release.

An EOI is usually open for three to four weeks, though large commissions may be open for longer.

Short listingFor commissions involving an EOI process, the applications are assessed against the selection criteria by a selection panel. The panel composition varies according to each project but usually includes the project architect and other relevant stakeholders. The panel is generally facilitated by the art coordinator, who is a non-voting Chair.

The panel members may review and rank each application individually against the selection criteria before meeting to undertake a group assessment using the same process. Following this assessment, usually two to four artists are shortlisted and invited to proceed to the design concept stage.

Commissions for large projects may instead shortlist a pool of artists who may be called upon to submit a project proposal, as required during the build.

The Chair collates the information from the selection panel and prepares a report, following which the artists are notified in writing of the outcome of the EOI process. The deliberations of the panel should be kept confidential, however unsuccessful artists may seek feedback on their application.

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Design conceptSome Limited Invitation and Direct Commission models may bypass the EOI process and commence the public art project at the Design Concept Stage. For commissioning models using an EOI process, the design concept stage allows shortlisted artists to develop the concepts they submitted as part of the EOI process.

To provide the shortlisted artists with more detailed information about the commission, a briefing is usually held. The briefing may include presentations by the art coordinator, commissioning agent, architect and any other relevant professionals, as well as a site visit.

The design concept to be developed by the artist may include:• a written description of the artwork and response to the theme;• drawings, sketches and/or digital images indicating the location, scale, colour and

materials of the artwork and where appropriate, a 3D model or digital images of the proposed artwork;

• material samples;• a methodology for community participation in the project, if appropriate;• details of major fabricators, industry collaborators and other design professionals

required to produce the artwork;• preliminary budget or cost estimates;• work program and payment schedule; • proof of relevant insurances; and/or• preliminary details of installation requirements.

A fee should be paid to all shortlisted artists to assist with the development and production of the design concept. The fee does not include the rights to concepts, drawings, marquettes and models submitted as part of the presentation, which remain the property of the artist.

Artists are usually given four weeks to submit their design concept, however, this depends on the scope and complexity of the commission.

Final selectionThe design concepts are presented to a selection panel in person by the shortlisted artists.

The selection panel will assess the presentations and the design concepts using a similar process to that undertaken in the EOI process. Following the assessment, the selection panel will select the preferred artist and design concept.

The assessment should consider:• the response to the brief and whether the artist has an understanding of the project

objectives;• the quality and creativity of the proposal;• previous experience;

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• appropriate level of skill to match the requirements;• demonstrated ability to work collaboratively with the project team and the

community; and• a realistic budget.

ContractThe successful artist will be invited to enter into a contract with the commissioning agent. The contract will set out the obligations and conditions of all parties.

The contract should include a work program with milestones, including a payment schedule.

The contract may also address specific requirements of the project, such as:• who pays for preparatory work such as services and fixtures;• who pays for transport, delivery and installation of the artwork;• who organises and pays for remedial work around the artwork after installation;• who provides for the hire of equipment or professional advice which may be needed

for items such as the footings or installation;• who insures the work in progress and when does the responsibility transfer; and• who is responsible for maintenance and care of the completed artwork.

For Percent for Art Scheme projects, the contract is known as the Commission Agreement and includes:• Schedule A - A Work Program;• Schedule B - Payments Schedule; and• Schedule C - Artwork descriptions, drawings and overall budget.

Design developmentDuring design development, the artist or artist team will usually:• review and refine the original design concept, particularly in response to any

comments or directions that may have been made by the selection panel during the final selection meeting;

• review and finalise the budget by securing firm quotations from suppliers and/or fabricators;

• meet with the project architect to finalise locations and resolve any integration issues;

• meet with other design professionals as required, such as landscape architects and Aboriginal group representatives;

• meet with material suppliers and/or fabricators;• produce samples or prototypes; and • undertake further research of materials and finishes before making final selections.

Design documentationThe artist will provide final drawings, prototypes, samples and documents as part of the design documentation stage, noting any amendments to the original design

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proposal. Where appropriate, the artist meets with the engineer to obtain engineering specifications and certification where they are required for the structural elements or fixing.

The artist also needs to demonstrate that any professionals they engage have the relevant insurance.

Production of artworkThe production of the artwork may involve the artist creating the artwork themselves, supervising its fabrication or a combination of both.

During this stage, the artist will be required to meet the milestones outlined in the contract. Upon achievement of these milestones, progress payments will be released.

During production, the artist will be responsible for providing regular, written updates (including images) on the progress of the artwork to the art coordinator. Where appropriate, a studio visit is undertaken by the art coordinator and may also involve the architects and other stakeholders.

Completion of artworkOnce the artwork has been completed according to the terms of the contract, the artwork will be installed in accordance with the conditions outlined in the contract between the artist and commissioning agent.

At the end of the project, the artist should provide the commissioning agent with images and a maintenance report. This completes the formal documentation for the artwork and project.

On completion of the project, an event may be organised involving the artist and stakeholders to celebrate and promote the project. Artists are often happy to give a talk to the commissioning agent or client about the artwork and the development process. This process can also help encourage community understanding of public art.

EvaluationAt the completion of the project, it can be useful to evaluate the processes involved in the commission.

DCA is developing a survey which will seek feedback from key people involved on the effectiveness and efficiencies of the public art commissioning process.

In time, this information will be used to review the processes and maintain best-practice in the commissioning of public art.

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Management of Public Art

Copyright, legal title and ownershipAn artist’s rights are protected under the Copyright Amendment (Moral Rights) Act 2000 (the Act). Under the Act, all original artwork must be attributed to the artist.

The ownership of the public artwork and copyright will be determined within the commissioning process, the contract and the land on which it is located. Unless otherwise agreed, copyright of both the preliminary visual material and the work itself should be retained by the artist.

The Australian Copyright Council provides advice on copyright and ownership in relation to public art: http://www.copyright.org.au/

Maintenance The ongoing maintenance of the public artwork is usually the responsibility of the owner of the land or building. The maintenance report is prepared by the artist at the end of the project and outlines:• a description of the artwork (including digital images and the date of completion);• artist/artist team contact details;• a maintenance schedule and an agreement on who is responsible for the ongoing

maintenance; • the expected lifespan of the work;• the method of construction, the types of materials used and details of the

fabrication company (if relevant);• details of any electrical and/or mechanical systems installed;• any specific instructions or products to be used when cleaning and maintaining the

artwork; and• any instructions to respond to urgent maintenance issues such as vandalism.

Deaccessioning artworkIf an artwork has reached its intended lifespan, has been damaged or destroyed, or is no longer safe, there may be a need to remove or relocate the artwork. This may also happen if the site on which the artwork is located has been sold or is to be redeveloped.

Before an artwork is deaccessioned, a formal process should be implemented which may consider:• the intended lifespan of the artwork;• any conditions relating to the deaccessioning of the artwork, as outlined in the

original contract;• the opinions and advice of relevant stakeholders including the artist, maintenance

contractors, the owners of the building or land on which the artwork is located or any other experts, such as engineers; and

• community or cultural issues associated with the artwork, building, land and/or original commissioning process.

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The artwork should not be removed, relocated, sold or destroyed without first notifying the artist. The National Association of Visual Artists (NAVA) can provide additional information regarding the obligation and rights of artists in this regard.

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Resources

Sample documentsDCA has compiled a list of sample forms and templates that are often used during a public art commission:• Expression of Interest with artist’s brief• Assessment form for selection panels• Artist’s contract• Maintenance and conservation report• Evaluation survey

Additional informationDCA provides general information on public art including the types of public art, the commissioning process and procurement models, case studies, definitions and frequently asked questions on its website.

The Guide to Art Coordination Services developed by BMW also provides information to assist art coordinators and project managers.

AcknowledgementsDCA would like to acknowledge Department of Finance, Building Management and Works and members of the BMW art coordinators panel who have contributed to these guidelines.

The following documents and websites were also reviewed as part of the development of these guidelines.

Ixia Public Art Online: http://www.publicartonline.org.uk/pasw/

Public Art Review: forecastpublicart.org

NAVA: https://visualarts.net.au/

Australian Copyright Council: http://www.copyright.org.au/

Art Built-In – Arts Queensland

http://www.visual-arts-cork.com/public-art.htm

http://forecastpublicart.org/toolkit/didactic.html Public Art Toolkit, A Guide for Developers, City of South Perth, August 2014

Perth Waterfront Public Art Strategy, Metropolitan Redevelopment Authority, April 2012

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Contact DetailsFor more information, contact:Policy Officer, Public ArtDepartment of Culture and the Artspublic.art@dca.wa.gov.au(08) 6552 7300