Vice Chancellor for Administrative Affairs

Guidelines for Art Advisory Committee

Hawaiʻi State Foundation on Culture and the Arts -- Art in Public Places Program

I. Commissioned Works of Art for Permanent Locations

A. Purpose

Works of art shall be especially created or acquired in finished form to fit a selected permanent location either as an integral part of the structure, attached to the structure or detached within or outside of the structure.

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B. Art Advisory Committee (AAC)

The HSFCA shall appoint an AAC for each building selected as a project site. The same committee may act for a group of buildings which are geographically, administratively and functionally related.

  1. Composition. The AAC shall be chaired by the agency representative. Facility users and community representatives will be appointed to serve on the AAC by the HSFCA. Composition should include individuals knowledgeable in the arts and be representative of the regular users of the facility. The project architect and staff representatives of the comptroller, and/or other state departments responsible for the building’s construction, and of the APP Program shall serve ex officio as resource personnel. The HSFCA may also appoint artists or other experts to serve as technical and artistic advisors.
  2. Responsibilities. The AAC shall be responsible for making recommendations pertinent to the development and design of the work of art including the location, medium, and character of the work of art and the selection of the artist.

    The AAC shall assist the HSFCA by lending it and the selected artists their deeper and more direct knowledge and understanding of the attitudes, needs, and aspirations of the people working in the buildings, visiting them, passing near them, or living in their neighborhoods and communities, by actively participating in every phase of the discussion and the development of the work of art.

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C. Development of Project

  1. Location of Work of Art. The work of art must either be an integral part of the facility, attached to the facility or detached within or outside of the facility. The artwork must be within reasonable proximity of the facility.

    The AAC shall study, with the help of the project architect, personnel from the HSFCA and/or other knowledgeable persons, the architectural plans to seek desirable sites for the work of art. If the progress of construction and the conditions of the building permit, it shall familiarize itself with the building by walking through and around it. Various sites shall be examined as to their public accessibility, their relationship to other buildings, to building elements and to future construction activities, and as to their visual and practical feasibility for the installation of works of art in, on, at, or near such locations.

  2. Type of Work of Art. Influenced by the nature of the selected site, the AAC shall recommend whether the work of art should be flat or three-dimensional, integrated into architectural elements, attached or free-standing,suspended, projecting or rising from the ground or floor.

  3. Character of Work of Art. The AAC shall prepare and submit a statement of their views and feelings on the desired symbolic meaning of the work of art, its size, materials, finishes, and the aesthetic and/or social purpose of the work of art. These discussions will assist in focusing on the artistic characteristics of the sought for artists and will facilitate their selection based on their past accomplishments.

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D. Methods of Commission

  1. Direct Commission. The AAC will review the portfolios of artists that have been filed with the HSFCA. If there are artists in whom they express interest that are not represented by portfolios, they may request that the artists be contacted to determine if they would like to file a portfolio and be considered. The committee will recommend three artists of their choice for each work of art to be commissioned and place them in priority. Upon approval from the HSFCA, the artists will be contacted in order to determine if they are willing and able to undertake the commission.

  2. Limited Competition. Based on portfolio review, the AAC will recommend a limited number of artists to be invited to present a detailed written proposal accompanied by sketches, plans and/or a model for the selected site(s). A design fee may be paid to each artist that is invited to enter. The design fees paid to the artists will be drawn from the percentage for public art funds budgeted to the project.

    When a decision is reached, a contract will be negotiated with the selected artist(s). Should none of the designs be selected the committee will start the selection process over.

  3. Open Competition. Artists will submit preliminary project proposals in addition to portfolio materials. Finalists will be selected and invited to develop definitive proposals for which they may be paid a design fee. The selection will then proceed according to the same guidelines as the limited competition.

  4. Other Forms of Competitions. Special projects may suggest other selection methods.

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E. Notification of Artists

Press releases will direct artists to for information and to apply.

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F. Application by Artists

Artists who wish to be considered for commissioned works of art are encouraged to set up a profile on the CaFÉ website, CaFÉ, is a web based application system was developed specifically for public art calls by the Western States Arts Federation (WESTAF). Artists may set up their profile at any time.

The HSFCA posts calls for artists for commissioned works of art on CaFÉ. Artists who wish to apply to the call submit an application from their profile with select images attached. Applications are not accepted in any other manner.

First time users of CaFÉ, are encouraged to allow adequate time to learn and use this system. Artists may also access other calls for entry, which are being posted on CaFÉ by organizations other than the HSFCA. There is no charge to artists registering on CaFÉ although some calls have entry fees.

We encourage artists to visit to register and respond to the HSFCA calls when posted.

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G. Selection of the Artist

“The State has recognized its responsibility to foster culture and the arts and its interest in the viable development of her artists and craftsmen...” In response to this statement in the preamble to Act 298, the HSFCA recommends generally the commissioning of local artists, except for the commissioning of outstanding out-of-state artists for civic reasons in the Hawaiʻi State Capitol District and for educational reasons on campuses of the University of Hawaiʻi with art departments.

  1. Local Artists. For the purpose of commissions for works of art, artists are considered “local” if they were born in Hawaii and were educated in Hawaiʻi’s elementary and secondary schools, regardless whether they reside in Hawaiʻi or elsewhere; if they obtained a major part of their artistic training and development in Hawaiʻi; or if they are Hawaii residents.

  2. Qualifications for Selections. To be considered for commissions of permanently located works of art, artists must be deemed capable to operate under contractual strictures and conditions and possess or otherwise provide structural and technical skills, required to protect the works of art, their environment, and the public from harm and damage.

  3. Recommendations for Selection. Based on the actual acquaintance with works of art of certain artists or on the viewing of slides and records of accomplishments, provided by the HSFCA or others, the AAC shall recommend to the HSFCA not more than three artists of their choice and state the priorities of their preferences.

  4. Decision on Recommendations. The Board, at the subsequent general meeting or the annual meeting shall, upon arriving at decisions to commission artists, weigh the priorities of the recommendations by the AAC against the artists’ availability; their past performance record; their technical, financial, and administrative competence; the number of previous or current commissions they received from the state; and the probability of reaching the expected artistic goal.

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H. Reconsideration Process

When reconsideration of the selection of artist is requested by the AAC, approval of reconsideration must be obtained from the HSFCA.

The AAC must discuss the project with the selected artist(s). If no agreement can be reached the agency must notify the HSFCA and the following methods may be implemented:

  1. A joint meeting with the artist, agency representative, staff, and APP Committee of the HSFCA to work out a solution.

  2. Request the artist to resubmit alternative examples or designs for the project.

  3. Place the project into another round of selections.

  4. Employ another procedure for selection.

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I. Contract Agreements

Qualified staff shall prepare contract agreements for all commissioned works of art projects authorized by the Board and recorded in the Minutes, including:

  1. the general and detailed description of the art project;

  2. the time when work on the art project shall commence and be completed;

  3. the amount to be paid for the completed work of art;

  4. the conditions under which payments on account of the cost of the project will be made;

  5. the general conditions, applicable for all commissioned art projects; and

  6. the special conditions, which describe the formation and role of the AAC for permanently located commissions; the artists’ obligation to obtain information and viewpoints from the AAC; the stages, when the artists will submit their works-in-progress first to the AAC for review, discussion and recommendations, and then for approval to the Board; conditions for completion and acceptance of the work; the role of the artist in the dedication ceremony; and other conditions of technical nature.

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J. Process of Approvals

The HSFCA, at the general and annual meetings of the Board, shall review submittals by artists of work in progress and approve them upon consideration of the recommendations thereon by the AAC and APP staff at the following phases:

  1. Conceptual Phase. For which the artists shall prepare a written description of the work of art, as envisioned by them, having given careful consideration to the desires and views of the AAC, and submit them to the HSFCA accompanied by site plans drawn to scale, noting the proposed location of the works of art and site conditions which may affect them. They shall submit the description to the AAC for review and discussion, and to the HSFCA, together with a favorable recommendation by the AAC for acceptance.

    Difference between the views of the AAC and the concept of the artists shall be reconciled with the assistance of the staff of the HSFCA. If they remain irreconcilable, the HSFCA may accept the submittal, make payment therefore, and terminate the agreement.

  2. Design Phase. For which, after approval of the Conceptual Phase, the artists shall prepare Preliminary Design studies in the form of drawings or three-dimensional presentations showing the intended form, recommended materials and colors and a site plan, indicating the location of the site and existing or proposed environmental factors which may affect the work of art, and present them to the AAC for review and discussion and to the HSFCA, together with a favorable recom¬mendation by the AAC for adoption.

    After acceptance of the submitted preliminary design studies, the artists shall prepare Final Design presentations composed of scale drawings and/or models, installation plans and outline specifications of the works of art, showing their location(s), foundation(s) or other means of support(s), size(s), form(s), structure, material(s), color(s), and finish(es).

    In the case of substantial differences between the previously approved conceptual presentations and preliminary design presentations, the artists shall explain to the AAC the changes they have made, the reasons therefore, and obtain their favorable recommendation to the HSFCA for approval.

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K. Staff Review

  1. Specification and Cost Investigations. After approval of the Final Design presentation by the HSFCA, but before any further work on the project will commence, the artists shall undertake and present studies to determine that the works of art will be firm and secure, permanent, resistant to mechanical, climatic and organic damage, safe to the public, compatible with established or reasonably expectable master plan features and customary maintenance activities, and that the project can be completed within the budgeted cost.

    Any recommendations for changes in scope, size, technique or materials, resulting from the above studies, must be accompanied with detailed explanations for their reasons and cost estimates.

    If required by the HSFCA staff, the artist shall provide and pay for services of professional consultants (architects, engineers, cost estimators, etc.) to assist in the preparation and documentation of the studies.

  2. Mobilization Work. After acceptance of specification and cost investigation, the artists shall prepare and present memoranda, describing the construction or fabrication processes and time schedules of the work phases.

    The description of the construction or fabrication processes shall identify the materials to be used and their suppliers, whether and which subcontractors or other collaborators will participate, whether and which structural or technical processes will be utilized, into what phases the work will be divided, and where they will be performed.

    The time schedule shall estimate when the various phases of the construction or fabrication will be commenced and concluded. If requested by the staff of the HSFCA, the artist shall provide construction drawings, specifications, shop drawings and subcontract documents.

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L. Monitoring, Inspection, Acceptance

Qualified staff of the HSFCA shall be responsible to provide general supervision throughout the progress of works of art projects, in order to:

  1. establish that the work progresses as intended and as described in the contract documents

  2. determine whether and when payments shall be due;

  3. request that the artist shall obtain technical consultation services, if justified by circumstances;

  4. subject the art project to final inspection, require remedial action where warranted, and prepare a certification of inspection and recommendation for acceptance of the completed work; and

  5. assist the artist and the AAC in the preparations for the dedication ceremony for the work of art.

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M. Dedication of Project

The dedication of the work of art shall consist of its formal transfer from the jurisdiction of the HSFCA to the department which is responsible for the building providing the location of the work.

As determined by the AAC, dedications can be undertaken in more ceremonious manners, consisting usually of the following:

  1. Opening of Ceremony. The chairmen of the art advisory committees serve as masters (mistresses) of ceremony, greet the participants, recognize special guests, make opening remarks and introduce the dedication functionaries.

  2. Blessing of the Work of Art. A religious or other personality of spiritual, moral and intellectual reputation speaks on the significance of the work of art to the community and the communities’ relationship to it.

  3. Unveiling of Work. If the work of art is concealed by a shroud or the shroud is symbolized, such as by a lei strung across or around the work, an actual unveiling, or the loosening of the lei’s ribbons will take place. It will be undertaken by the chairperson of the AAC, the artist(s), a representative of the department administering the building where the work of art is located and of the HSFCA or the comptroller, or by the artist and one or several of the building’s users. Entertainment by choral singers, bands or other performances often precede, intersperse, and follow the ceremonies.

  4. Artists’ Role. The artists have the opportunity to recognize the assistance they obtained from the AAC, collaborators and from others, and convey to the audience the meaning the work of art has to them.

  5. Transfer of Jurisdiction. A representative of the HSFCA and/or the comptroller may transmit to the representative of the department head a letter transferring jurisdiction over the work of art to the receiving department. This is usually accompanied by brief statements.

    Any entertainment or hospitality, if offered, is at the discretion and cost of the client agency and/or community groups represented on the AAC, and/or HSFCA.

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II. Selection of Works of Art

A. Selection Authority

“The selection of, commissioning of artist for, reviewing of design, execution and placement of, and the acceptance of works of art shall be the responsibility of the comptroller and the state foundation on culture and the arts.”
(From Section 103-8.5, HRS)

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B. Criteria

  1. Quality: Of highest priority is the inherent quality of the work itself.
  2. Media: All visual art forms may be considered.
  3. Style and Nature: The art should be appropriate in scale, material, form, and content for both its immediate environment and for the general environment in which it is placed.
  4. Permanence: Due consideration will be given to structural and surface soundness and to permanence in terms of relative proof against theft, vandalism, weathering, or excessive maintenance or repair costs.
  5. Diversity: The HSFCA will strive, in the overall program, to attain reasonable diversity in style, scale, media, and materials represented.

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C. Consultants

The HSFCA shall utilize the volunteer services of artistic, technical, and/or evaluative consultants to serve on art advisory committees for commissioned works of art projects.

The HSFCA shall maintain a file on available consultants and their qualifications and shall appoint consultants to limited terms on selection or advisory committees on the basis of their expertise and knowledge.

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III. Definitions

A. Agency Representative
A person within the client agency, who represents the agency and has decision-making authority during the course of a works of art project.
B. APP Committee
The standing committee of the Board composed of three (3) commissioners appointed by the chairman to review plans, budgets, and operations of the Art in Public Places Program.
C. Artist
A practitioner in the visual arts, who is both generally recognized by critics and peers as a professional and is committed to producing high quality works of art on a regular basis. Indicators of professionalism include but are not limited to proportion of income earned from art sales or art related activities, frequent or consistent exhibitions, purchase of works by museums and other public institutions. The project architect or a member of the project architect’s firm will generally not be considered an eligible artist for consideration unless specifically solicited by the art advisory committee.
D. Board
The governing body of the HSFCA whose commissioners are appointed by the Governor of the State of Hawaii.
E. Capital Improvement Program (CIP)
The annual program for state-financed public improvement projects.
F. Chairman
The commissioner appointed by the Governor of the State of Hawaii to serve as Chairman of the Board of the State Foundation on Culture and the Arts.
G. Client Agency
The department or agency which will occupy a state building eligible to receive a commissioned works of art project or relocatable works of art.
H. Commissioner
Any of the nine members of the governing body of the HSFCA appointed by the Governor of the State of Hawaii.
I. Comptroller
The State Comptroller, head of the Department of Accounting and General Services.
J. Consultant
A person who gives professional advice or services useful to the APP Program.
K. Eligible Building
Any state building.
L. Executive Director
The person employed by the HSFCA Board to manage its activities.
M. Expenditure Ceiling
The maximum authorized amount of Special funds which may be expended for works of art projects during a fiscal year.
N. Project Architect
Any firm, individual, joint venture, or team of firms or individuals contracted by the state to provide design services related to an eligible building.
O. Public Facility
Including, but not limited to schools, office buildings, court buildings, hospitals, State Capitol, airports, state parks, and other facilities designed for substantial public use.
The agency named as the State Foundation on Culture and the Arts established by Chapter 9, Hawaii Revised Statutes, and placed under the Department of Accounting and General Services for administrative purposes.
Q. Site
The physical space occupied by the work of art.
R. Staff
The professional, semi-professional, technical and clerical employees of the APP Program of the HSFCA.
S. State Building
A usually roofed and walled structure built for permanent use in which the State of Hawaii has title.
T. Works of Art
All forms of original creations of visual art objects, including but not limited to:
  1. Ceramics: In porcelain, clay, etc., in functional and non-functional application.
  2. Fiber: In wool, cotton, leather, grass, etc., in functional and non-functional application.
  3. Graphics: a. Prints in silk -- screen, lithography, etching, embossing, and other techniques on paper, etc. b. Drawings in pencil, ink, charcoal, pastel, etc., on paper, skin, bone, etc
  4. Mixed Media: Any combination of materials or forms.
  5. Murals. Mosaics, Super-Graphics. Frescos: In paint, tile, glass, stone, etc., on a prepared surface.
  6. Painting: In oil, tempera, acrylic, water-soluble medium, etc., on wood, paper, canvas, skin, prepared surface, etc.
  7. Photographs: On light sensitive paper, light sensitive emulsions, etc.
  8. Sculpture: In the round, bas relief, high relief, mobile, fountain, kinetic, electronic, etc., in wood, clay, stone, metal, plastic, fiber, ivory, concrete, etc.