7.3. EDSR 08-17-2020 ��i
City of
Elk ' Request for Action
River
To Item Number
Economic Development Authori 7.3
Agenda Section Meeting Date Prepared by
General Business August 17, 2020 Amanda Othoudt,ED Director
Item Description Reviewed by
Public Art Contract with Milligan Studio Cal Portner, City Administrator
Reviewed by
Action Requested
Approve,by motion,a contract with The Milligan Studio for a public art installation in 2020-2021.
Background/Discussion
At their July 8, 2020, meeting, the Public Art Subcommittee interviewed two artists, and recommended
approval of the proposal from The Milligan Studio.
At their July 15, 2020, budget meeting,the EDA received an update regarding changes made to the Central MN
Arts Board grant program and application process:
Changes made to the CMAB Project Grant application process:
1) Project Grants
• There will be two project grant deadlines: October 21, 2020 &March 18, 2021
• The maximum request amount will be $5,000
• There will be no match requirement in the proposal budget
• Applicants that receive CMAB/MSAB operating support may include administrative costs
associated with the proposal budget
• Multiple organizations/applicants may partner on projects and receive separate grants to pay for
their specific involvement in shared efforts
2) There is limited eligibility for non-arts organizations:
a) Priority will be given to projects that advance diversity, equity&inclusion
b) Groups may continue to apply using a fiscal sponsor
c) Municipalities are not eligible to apply,but can serve as fiscal agents
The next step in the process is to execute a contract with the Milligan Studio,identify a timeline to complete
the project, and draft the grant application for approval by the EDA at their October 19, 2020, meeting.
The EDA will serve as the fiscal agent upon the receipt of any grant dollars.
Financial Impact
The Elk River Vision
A Y�elcoming community nvith revolutionary and spirited resourcefulness, exceptional P U W E H E o s r
service, and community engagement that encourages and inspires prosperity ,g /` UR
The total cost of the public art initiative is $20,000 as proposed by the Milligan Studio. The EDA
budgeted$5,000 in 2020 as a matching grant for a public art installation at their June 17, 2019, meeting.
CMAB recommended staff work with the artist to apply for project grants in October and March totaling
$10,000. The EDA is proposing to budget $5,000 for the public art initiative in 2021.
Goal: Engaging the community through public art
Attachments
■ Milligan Proposal
■ Public Art Contract
Submitted by The Milligan Studio
Dr. Nicole Mary Milligan (N.M.Kelby)
Alan S. Milligan
459 Selby Avenue
St Paul, Minnesota 55102
651-756-7683
themilliganstudio.com
themilliganstudio@gmail.com
@TheMilliganStudio
@ASMilliganSculptor
The Elk River Public Art Project
Sketches & Influences
Slipstream
A celebration of the highways of Charles Merritt Babcock and the Elk River
community from which he came.
Above:
Sketch of Slipstream with
process detail.
Sheet bronze patinated in shades of blue would form the
“highway” in which the diverse fish of Slipstream school
together.
Sample of kiln-formed recycled architectural glass fish from the
Edina, MN Centennial Lakes Commission
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Slipstream
Sited at waters edge at the Granite Shore Apartment Complex, Elk River. (Above)
Detail of recycled glass fish inset in patinated bronze panel (Right)
Detail sketch of patinated bronze triangles featuring “school of fish” inserts. (Below)
10’ (H)
4’ (W)
3
“Do continue the great impactful work”
Jai Winston, Director of the Knight Foundation
Sheet bronze patinated in shades of blue would form the “highways of rivers” in which the community of fish school together in
Slipstream. The sculpture could also be sited on the corner closer to the river as seen above.
A. General Information
The Milligan Studio offers Slipstream. Bronze, steel, and kiln-formed architectural recycled glass, 10ft (H) x 4’ (W), solar-powered
illuminated sculpture will facilitate both communal and individual experiences. It can be “read” from afar, as it will appear to be a leaping
fish with a blue river winding through it. Up close, one will see that the fish is actually a series of intertwining steel representing the
highways as Slipstream is in honor of Charles Merritt Babcock who
developed the Minnesota Highway system.
This “river” of highway is constructed of schools of blue kiln-
formed glass fish of all different sizes and shapes, swimming
together, making progress, powered by nature. It is a slipstream
highway of color and light.
As we know from biology, diverse fish that swim in the same
direction, or school, live better lives together. Their community
makes them stronger. The same is true of a community such as Elk
River, where Babcock once lived. The highway system of
Minnesota, made manifest by his amendment, is our state’s
slipstream to progress.
Slipstream with its dramatic blues cast in bronze and kiln glass is a
striking metaphor. Sheet bronze patinated to represent water. (DETAIL)
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B. Artistic Merit/Quality
At the Milligan Studio, we are interested in making beautiful objects that evoke a sense of
belonging. We are an Irish and American collaborative of artists, engineers, architects, and
designers who combine Old World craftsmanship with cutting edge technology and modern
vision.
We have experience in large-scale projects, including environmental works rooted in
modern lyricism such as the Marsh Award nominated To The People of The Sea in Northern
Ireland.
a. How will the project enhance artistic, cultural and educational values of the
viewers of this piece of art?
Irish Sculptor Alan Milligan makes it a practice to offer community-wide Umha Aois
(Ancient Irish Bronze Age) metal casting workshops, as an introduction to the some of
the techniques that will be used to make sculptures. Dr. Nicole Mary Milligan (who also
writes novels as New York Times bestselling author N.M.Kelby) creates a narrative
webpage and photographs every step of the build to tell the story of the sculpture as it is
being fabricated so that community members can look and see the progress being made.
For more see examples such as Cloud Horse on the website themilliganstudio.com.
We offer many ways that we can enhance the artistic, cultural and educational values of
viewers though arts experiences, including temporary installations and workshops. Please
see the “Engagement Example” file, which is enclosed.
b. How will the project advance the artist’s goals?
Slipstream will allow us to continue our work in community building through Public Art. It
will also provide us the ability to work once more mentoring First Time offenders
through Minnesota’s Project Remand. Artistically, it will provide for us an opportunity to
build upon our work in patinated bronze and glass and take it to the next level. We also
look forward to working with members of your Solar Energy community, as this is a field we’re quite interested in.
Slipstream is a striking work, bespoke for you, which we would be honored to create. As you can see, our portfolio is ranges from
playful, yet thoughtful installations such as Uplift, which was an Instagram celebrity in the summer of 2019, and Better Angels, which is
currently being fabricated and garnering media attention for its theme of unity, to permanent sculptures that are meditative works in
bronze, such as Balance (Justice, Wisdom, Hope) which honors the Dakota people, or the triptych Memory of Water, in which the three works
in bronze have become iconic for Grand Rapids, MN, so much so that they held an Aquanesia (Memory of Water) festival in their
honor.
c. Provide an explanation
of how the sculpture will
allow all community
members a greater
understanding and
awareness of art.
Through community
engagement events, the
progressive web page that
details the process and
thought behind the making
of Slipstream, and press and
public events, we provide a
full range of services that
helps you market, educate,
and celebrate not only the
sculpture and the artistic
fabrication of it, but also
your community.
d. Provide an explanation
of how the public survey
influenced your choice of
project submittal.
It results are in keeping with
our practice.
First stage of maquette (model). The
“highway” of steel armature.
Possible community event–Ancient Irish Bronze casting.
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C. Project Understanding
In the RFP you’ve requested a work
whose themes could include Powered by
Nature, the Participatory Process, history
of transportation and a celebration of
Energy City––Slipstream metaphorically
represents all four. The striking sculpture
is powered by nature, honors Charles
Merritt Babcock’s contribution to our
state, and symbolizes the participatory
process of a community such as yours, a
community that works together to grow.
A celebration of the Energy City,
Slipstream can be creatively illuminated
using solar energy in an effort to create a
sense of vibrancy and also highlight your
leadership in the field. While we have
partners in the field of solar lighting, for
Slipstream we would hope to collaborate
with your community businesses to
showcase local innovation.
D. Project Approach
Slipstream will be fabricated in our St Paul studio using several classical techniques. The bronze will be hand-worked in repoussé to
replicate the waves and eddies of moving water, and then patinated. The stainless steel will be rolled by our partner Linders Specialty, a
Union shop, to create arcs that emulate the waveform.
Slipstream will be both safe and welcoming as it is ADA compliant. The bars are varied and spaced in such a way that will not invite
climbing. Bronze and stainless steel are graffiti resistant materials proven to withstand Minnesota weather. The glass fish are co-joined,
which doubles the strength and makes it suitable for this usage.
Timeline:
1) Research Elk River, its history and its people
2) Site visit (Took place June 1)
3) Created model and drawings based on the idea of community as diverse fish in a slipstream. Incorporated solar light collaboration, as
we were impressed with the innovations of the community in that area and felt we could learn from working with these civic leaders.
4) Once chosen for this commission, we will schedule a series of site visits to meet stakeholders and managers of project and talk
through expectations. September 2020
5) Create community event and host it. This
generates publicity and allows the
engagement of the city in the process.
October 2020
6) Build Project webpage with photos,
plans, etc. September 2020
7) Begin build. Should take about 6 weeks
beginning in November
8) Install in Spring with Celebration.
E. Location, Installation and Future
Maintenance
The location is very suitable. On Page 6,
we’ve explored it. Maintenance is minimal.
Installation is discussed in Budget PDF.
F. See prior work in Milligan Sample
PDF.
G. Total Project Cost
We are always on-time and on-budget and we
will work with you. See PDF for budget
estimates.
People of the Sea, Ireland.
Kiln-formed glass and sheet bronze provide a calm “frame” for the city.
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Possible installation. (E) If sited on the corner (marked by the star), instead of in
front of the building, Slipstream could be placed on a cement round and
landscaped to highlight existing trees and the river itself .
It would also be able to be seen by travelers in both directions, either in cars or
on foot.
G. ESTIMATED BUDGET
ARTIST FEE
Two artists for all labor costs including design, documentation, fabrication and community engagement events.
TOTAL: $20,000
PROJECT MANAGEMENT AND SUPPORT:
Coordination of sculpture build, social media, press management including documentation, which take the form of
photographs and narratives posted on websites, instragram accounts, and facebook pages so that stakeholders can watch
the progress of the build. A published art book highlighting the process and finished work is also an option, at an
additional charge for printing. These high quality art books can be sold as a fundraiser, or used as documentation for
granting or educational purpouses. For more about this, ask to see the School of (Fish) book.
Also included in our projects is the participation of the artists in community engagement events, which are determined
by the scope of the project and identifiable community needs. These are often promotional events, but can also include
educational workshops presented in community venues.
On this project, we suggest a glass kilnforming workshop under tents at the site, or a Bronze Age metal casting. These
opportunities enable community members to understand the fabrication techniques behind the work and engender a
sense of ownership. Materials for these worksops are minimal.
PROJECT MANAGEMENT AND SUPPORT ARE INCLUDED IN THE ARTIST FEE.
PUBLIC ART MATERIALS
Architectural-grade kiln forming recycled glass $3,500
Glass attachment findings $400
20 Stainless Steel tube1 1/2 @10’ @$200 $2,100
(including delivery to studio)
Three (3) bronze sheet 4’ x10’ $4,000
Stainless Steel baseplate lasercut 1 ½” (W) $1,100
Welding and supplies chargeback $1,610
Fixings/threaded bar $220
Patination chemicals and supplies $300
MATERIALS ESTIMATE TOTAL: $13,230
FABRICATION
Fabrication of curved steel bars (Linder’s ) $4,300
3 weeks @ 40 hours for one general assistant ($20) $2,400
Firing of glass triangles $330
Insurance coverage $200
FABRICATION SUB TOTAL: $7,230
SOLAR LIGHTING BUDGET
Bespoke solar lighting system through local Elk River vendor
Architectural Grade
LED RGBW Directional Uplight Approximately $3,000
TRANSPORTATION COSTS
Truck rental with lift gate $383 (including mileage)
INSTALLATION COSTS
It’s usually good practice to have the City help with the install, as they are to insure the work once they take possession. If
the City/commissioners lay the concrete pad according to local code and help set the work in place, then they can
comfortably indemnify the work. While we do work with subcontractors, we find it’s considerably less expensive for the
commissioners to enlist the city’s help. Plus, it also instills a sense of ownership.
FUTURE MAINTENANCE COSTS
Slipstream is made from resistant materials that age well in Minnesota’s hard climate and requires minimal maintenance.
It has been our experience that industrial solar light bulbs need to be replaced every five years.
Please note that it is standard practice to add a Contingency Fund (less than 5%) to a project total. This ensures that
unexpected cost increases can be absorbed.
BEAUTY. PLAY.
The Samuel Beckett Chess Set with Frank Skinner the award-winning English writer, comedian,
television and radio presenter at play.
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Samuel Beckett Chess Set. 32 unique sculptures commissioned by The Samuel
Beckett Estate and London’s Arts Without Borders.
The series of figurative bronzes based on the writer’s work has been exhibited
at The Metropolitan Arts Centre in Belfast, the Royal Hibernian Academy in
Dublin, and The Jardin du Luxembourg, as part of a cultural exchange for Centre
Culturel Irlandais, Paris, France, 2016. Project featured on BBC Radio “Arts
Extra,” The Guardian, Belfast Telegraph, and others.
The Samuel Beckett Chess Set is the only authorized work of Public Art based on
the writer’s work.
Bronze and wood. 20’x 20’. Seen here at the Paris exhibit.
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School of (Fish)
Commission for Edina school
system, Park and Rec, City of
Edina, Edina Foundation, and
Edina Arts Commission. 6’ (H)
x 4.5 (W) Steel, bronze, and
kiln-formed glass inspired by a
“Unity” drawing of a school of
fish created by Third-Grade
artist Alex West.
Centennial Lake Park. Edina
Minnesota,. (2019).
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To The People of The Sea
Fabrication for Holger Lonze, East Strand, Portrush Council and Northern
Ireland Arts Council.
Fabrication and installation in beach environment for
14 ft high repoussé bronze public sculpture
East Strand, Portrush, N. Ireland. 2011.
5
Balance (Justice, Wisdom, Hope)
Percent for the Arts Commission for Dakota County Courthouse waiting room in Hastings. Minnesota. Bronze, marble and wood. Nicole
Mary Milligan’s stepfather was a member of the Seminole Nation, and she grew up on the reservation, and so our work often reflects that
heritage. Balance honors the Dakota Nation. The large bronze feather balances on a prism to symbolize the hope for Justice to be in
balance with Wisdom. 3' (H) x 13' (W) x 5' (D) (2020).
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Memory of Water: Rain Becomes (first of three narratives pieces)
Rain Becomes is the moment a deluge becomes a rapid. This is one of three narrative sculptures created by commission for
the city of Grand Rapids, the Grand Rapids Arts Council and the Blandin Foundation The sculptures are sited at three
intersections in the town and are a narrative series telling the story of a time when the “rapids” returned to the city. The
work culminates with Ultramarinus, a 41 ft. rapid overtaking the land. The City of Grand Rapids has now decided to
build their public art policy around the work. They are asking artists to contribute pieces that would work in partnership
with The Memory of Water. Patinated bronze, steel. 2019.
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UpLift (To Inspire or Elevate)
A minor Instagram celebrity for summer of 2019. A
meditative hot air balloon sky to honor Count Zeppelin
who came to this Midwestern city and had his first balloon
ride during the Civil War.
The German was so inspired he started the airship
industry, which was robust for 20 years until the
Hindenburg accident.
Installation for St. Paul Downtown Alliance, St Paul Park
and Recreation, and City of St. Paul. 40’ (L) x 14’ (H) x 20’
(W). Landmark Center Plaza, Summer 2019.
Re-installed for the city of Hudson, Wisconsin.
ALAN SCOTT MILLIGAN
Dr. NICOLE MARY MILLIGAN
US STUDIO:
459 SELBY AVENUE
ST PAUL, MINNESOTA
55102
651-756-7683
themilliganstudio.com
themilliganstudio@gmail.com
@TheMilliganStudio
The Samuel Beckett Chess Set
Jardin du Luxembourg, Paris.
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“Do continue the great impactful work.” Jai Winston, Director, Knight Foundation
Artists in this partnership have worked closely with a wide variety of communities and their councils, governmental and education concerns, in
addition to architects, builders, structural engineers, historical preservationists, and city planners to create Public Art in the United States, United
Kingdom, Ireland, and Paris.
Sculptor Alan Milligan is known for the Samuel Beckett Chess Set, which recently was exhibited in the Jardin du Luxembourg in Paris, France. Historian and
visual artist Nicole Mary Milligan, writing as N.M.Kelby, is the critically acclaimed author of eight novels including The Pink Suit (Little, Brown), White
Truffles in Winter (W.W.Norton) and The New York Times bestseller In the Company of Angels. She has been translated into 21 languages worldwide.
SELECTED HONORS, RESIDENCIES, GRANTS FOR ALAN MILLIGAN:
•CERF+ Grant, 2020
•PEN AMERICA support grant for Public Art Project Lake of Dreams, 2018.
•The Artist Fellowship, support grant for visual artists, Artist Fellowship Foundation, NYC, 2017.
•International Artist Exchange, Centre Culturel Irlandais, Paris, France, 2016.
•Arts Council of Northern Ireland, Artist Grant, Travel Award Scheme, 2016.
•Artist in Residence, 30th Annual University of Minnesota Thanksgiving Iron Pour, Minneapolis, 2016.
•Hot Metal Artist in Residence, Franconia Sculpture Park, Franconia, MN, 2016.
•Artist in Residence, Drop Forge & Tool: A Maker’s Workshop, Hudson, NY, 2016.
•Artist in Residence, Murphy’s House, West Cork Ireland, October 2015-March 2016.
•Associate Artist, Atlantic Center for the Arts, New Smyrna Beach, Florida, 2015.
•Tyrone Guthrie Centre Bursary from County Fermanagh Arts Council, Annaghmakerrig, Ireland. 2015.
•Artist in Residence, Butley Mills Studios and Foundry, Suffolk, England. 2009.
EDUCATION:
•Milfield Foundry, Belfast, N. Ireland. 2012.
•Bath Spa University. B.A. in Studio Arts. Sculpture. 1999.
SELECTED HONORS, RESIDENCIES, GRANTS FOR NICOLE MARY MILLIGAN:
•Yaddo. Saratoga Springs, New York. 2016.
•International Writer status, Republic of Ireland.
•Named “Outstanding Southern Artist” by the Southern Arts Federation.
•Subject of Documentary Film, Ecrire en résidence (Writer in Residence).
•Bush Artist Fellowship for Literature, 2000.
•Minnesota State Arts Board Artist Fellowship, Fiction, 2001.
•Writer-in-Residence at Passa Porta: International House of Literature; Brussels, Belgium, May 2015.
•Tyrone Guthrie Centre Bursary, Annaghmakerrig, Ireland, 2015.
•Scholar in Residence, Fondazione Giorgio Cini, Venice, Italy, 2014.
•Writer in Residence, Sirius Arts Centre, Cobh, Ireland, March/April 2014.
•The Whiting Foundation, 2016.
•Minnesota State Arts Board Artist Fellowship, Fiction, 2015.
•Florida State Arts Board Artist Fellowship, Fiction, 2009.
•Millay Colony for the Arts Fellowship, 2007.
EDUCATION:
•PhD Philosophy, Creative Writing, Bath Spa University. Bath, England. (2015)
•M.F.A. Fiction, Hamline University, Minneapolis, Minnesota. (1998)
•Playwriting Fellow, Derek Walcott, Boston University. (1996)
•B.A. Studio Arts, Metropolitan State University, Minneapolis, Minnesota. (1989)
SELECTED RECENT COMMISSIONS:
• The Samuel Beckett Chess Set
32 unique sculptures commissioned by The Samuel Beckett Estate and Arts Without Borders. The series of figurative bronzes based on the writer’s
work has been exhibited at The Metropolitan Arts Centre in Belfast, the Royal Hibernian Academy in Dublin, and The Jardin du Luxembourg, as part of
a cultural exchange for Centre Culturel Irlandais, Paris, France, 2016. Project featured on BBC Radio “Arts Extra,” The Guardian, Belfast Telegraph, and
others. Bronze and wood. 20’x 20’.
•Cloud Horses
Sited on SD Hwy 10 roundabout to serve as the entrance to the Cultural Corridor, this Public Works Project is commissioned by the South Dakota
Dept. of Transportation, City of Sisseton and its Arts Council. 2020. Wild running mustangs made of “clouds.” Bronze, Steel 10’ (H) x 15’ (L) x 10’
(W) . (Current)
•The Marvellous
European Cultural Centre Public Art commission for Venice Biennale of Architecture. 2020. Based on the form of a curragh (an Ancient Irish boat),
this sculpture celebrates The Marvellous, our Earth, and a time when the sky and sea were one. Bronze, Steel, 8’ (H) x 22’ (L) x 10’ (W), Forthcoming.
(2021)
•Better Angels
Installation inspired by Abraham Lincoln’s call for Americans to embrace their “better angels” and unite as country. Commissioned by city of St. Paul
and Landmark Center. 40’ (L) x 14’ (H) x 20’ (W). Landmark Plaza. Forthcoming. (2020)
3
•Balance (Justice, Wisdom, Hope)
For City of Hasting, MN county courthouse. Bronze, marble and wood. A homage to the Dakota Nation, this large bronze feather balances on a prism
to symbolize the hope for Justice to be in balance with Wisdom. 3' (H) x 13' (W) x 5' (D) (2020).
•UpLift (To Inspire or Elevate)
A hot air balloon sky. Installation for City of St. Paul. 40’ (L) x 14’ (H) x 20’ (W). Landmark Plaza, Summer 2019. Re-installed for the city of Hudson,
Wisconsin, September (2020).
•School Of (Fish)
Commission for Edina, Minnesota school system, Park and Rec, City of Edina, Edina Foundation and Edina Arts Commission. 6’ (H) x 4.5 (W) Steel ,
bronze, and slumped glass inspired by a “Unity” drawing of a school of fish created by Third-Grade artist Alex West. Centennial Park. (2019).
•Sky Fort
Percent for the Arts Project, Mountrath Community School, County Laois, Ireland. Finalist for sculpture project to be built on environmentally fragile
and culturally significant site. (2019).
•The Memory of Water
Commissioned by City of Grand Rapids, MN. The triptych is a narrative statement on man’s symbiotic relationship to nature, as it is a series of rising
rapids that culminates in one overwhelming wave that curls overhead and appears to join the sky. Bronze and steel, for the city’s central three
intersections, the work consists of three pieces 10’ (W) x 10’ (L) x 4.5 (H), 10’ (W) x 10’ (L) x 5’ (H) and 45’ (L) x 10’ (W) x 8’ (W). (2019).
•Three (or More) Billboards Outside Enniskillen & Sligo
For Happy Days International Festival and W.B. Yeats Tread Softly Festival, a series of billboards placed between the borders of Northern Ireland and
Ireland, featuring excerpt from “The Tower” by Yeats and “neither” by Beckett, as a way to express that art crosses all borders. (2018)
•Hutchinson Pillar Streetscape Project
Finalist for two elements for this $80,000 Public Art Public Works project for Hutchison, Minnesota. (2019).
•wave/sail
Private commission. Blue wave-inspired sculpture ergonomically designed to be able to look through while sitting at a desk. Inside it appears to be a
wave; outside it appears to be a sail. Madison, Wisconsin. 6’ (H) x 6’ (W). Bronze and Stainless Steel. (2018).
•Wind Horse
Commission for City of Eagan and the Minnesota Valley Transit Authority at the corner of Yankee Doodle and Pilot Knob Roads. Bronze and
Stainless Steel. 10’ (H) x 5’ (W) x 10’(L). (2018) .
•Ocean, Life
This commissioned work celebrates the students at Midwest Special Services (on Ocean Avenue) who have a variety of intellectual and physical
challenges. The 6 ft (H) x 5ft (W) x10 (L) bronze sculptural wave was created in response to a series of stakeholder workshops. St. Paul, Minnesota.
(2018)
•Lake of Dreams.
In honor of Martin Luther King’s quote, “We may have all come on different ships but we’re in the same boat now.” Commissioned Public Art for
“Make on Lake” project in Minneapolis, Minnesota. Working with community concerns, business owners, and residents to create a series of boats (up
to 14’ long) displayed at various businesses and locations along the impact area. The largest of these illuminated boats was skinned with instant photos
of the people those who live and work in the neighborhood. Underwritten by grants from the Lake Street Council and PEN America. (2018).
•The Allium Bench
Commissioned for the City of Eagan, MN. for Holz Farm, a historic site on the National Register. The bench honors Irish settlers from County
Tipperary who made the city the “Onion Capitol of the World.” 6’ (L) x 5’ (H) x 2’ (D) (2018).
•Dig
Two of twelve from series. Cast iron, wood. Depicts the stages of a man’s life in relationship to a tree that he has planted. 5.5’ (H) x 3ft (W). Bemidji
Sculpture Walk, Bemidji, MN On loan from 2018-19.
•Oarsman Before the Sun
Commissioned by the City of Fernandina Beach (FL) and the Amelia Island Tourist Council to include debris from Hurricane Matthew. Final piece was
a tribute to the ability to rebuild. 14ft tall. Driftwood, steel, and 24K gold, it was on loan to the commissioners for a site at Peter’s Point from 2017-
2018. In 2019, it was moved to St. Paul’s (MN) Raspberry Island, a central location in the heart of the City, where it will be on permanent loan to the
Minnesota Boat Club, one of the State’s oldest non-profits.
•The Last Vessel
A work by Alan Milligan in iron exhibited at the Franconia Sculpture Park, Minnesota. (2016-17).
•The Common Wheel
Bronze commissioned by The Stewart Parker Foundation, inspired by the words of the playwright. Now a part of the Lobby Collection at The Lyric
Theater, Belfast. (2016).
•People of the Sea
Alan Milligan fabrication for Holger Lönze. Marsh Award finalist. 14 ft. bronze sails set in relief against the sea. Coalisland, Portrush, N. Ireland. (2011).
Lake of Dreams
In honor of Martin Luther King’s quote, “We may have all
come on different ships but we’re in the same boat now.”
Commissioned Public Art for Make on Lake project in
Minneapolis, Minnesota.
Working with community concerns, business owners, area
students and residents to create a series of illuminated boats,
the largest of which was
skinned with instant
photos of the people
those who live and work
in the neighborhood.
Project included school
residencies and lectures.
Commissioned by the
Lake Street Council with
additional grants from
Hennepin County
Library System, PEN
America and others.
(Clockwise) Smaller boat made by students for shop window, boat
being photographed by subject for her social media account, PEN
America discussion with NPR “Our Stories, Our News,” photo of
schoolboys from the big boat, and students working together to
build the boat.
The Milligan Studio is inspired by working with communities to
celebrate their lives. It is our desire to create art with a sense of joy
and hope.
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Ocean, Life
Ocean, Life grew out of a commission to create
the inaugural sculpture for a new sculpture park
for Midwest Special Services, a school for
Special Needs adults.
We began with poetry workshops and then
painting. Both informed the final design with its
distinctive deep blue patination.
The sculpture was also fabricated on-site, as
seen below, so that students could watch the
progress of their piece.
For more information: themilliganstudio.com
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The Poetics of Forgiveness.
The Poetics of Forgiveness is a global public art residency project
that celebrates of the complexities of the human heart. Artists
work with school systems, community centers, and even
gathering places such as diners, to present writing and visual
arts workshops that explore the question of forgiveness. The
workshops culminate in a community celebration of public art.
The Project recently presented an Umha Aois, ancient Bronze
Age pour, as part of their Lake Street project, Lake of Dreams.
US sites include Amelia Island, FL, Hudson, NY, and St. Paul,
MN. More about Poetics of Forgiveness Project can be found
on You-Tube at https://youtu.be/HVp9DqCi7rw
PROFESSIONAL SERVICES AGREEMENT
BETWEEN: Economic Development Authority of the City of Elk River
AND: The Milligan Studio LLC
EFFECTIVE DATE: August 17, 2020
This Professional Services Agreement(this"Agreement")is made this 17 day of August,2020,by
and between the Economic Development Authority of the City of Elk River, a public body corporate and
politic under laws of the State of Minnesota,hereinafter referred to as the"EDA", and The Milligan Studio
LLC, a Minnesota limited liability company,hereinafter referred to as the"Consultant":
RECITALS
A. The Consultant is engaged in the business of providing professional public art design, documentation,
fabrication, and installation services.
B. The EDA desires to engage the Consultant to provide the services described in this Agreement and the
Consultant is willing to provide such services on the terms and conditions set forth herein.
AGREEMENT
1. Services to be Provided. The Consultant agrees to provide the EDA with public art design,
documentation, fabrication, and installation services as set forth in the Scope of Work proposal
attached hereto as Exhibit A and/or any supplemental letter agreements entered into between the
EDA and the Consultant (the "Work"). The services referenced in the attached Exhibit A or any
supplemental letter agreements shall be incorporated into this Agreement by reference. All Work
shall be provided in a manner consistent with the level of care and skill ordinarily exercised by
professionals currently providing similar services.
2. Term for Completion. This Agreement shall remain in force and effect commencing from
August 17, 2020 and continuing until the completion of the Work not later than June 30, 2021 in
accordance with the timeline set forth in Exhibit A, unless terminated by the EDA or amended
pursuant to this Agreement.
3. Consideration. The consideration,which the EDA shall pay to the Consultant, for both the Work
performed by the Consultant and the expenses incurred by the Consultant in performing the Work,
shall not exceed $20,000 in accordance with the budget set forth in Exhibit A. The EDA shall
reimburse the Consultant 25%of upfront costs for materials upon execution of this Agreement and
the balance shall be paid to the Consultant upon satisfactory completion and installation of the
Work.] [The EDA shall make progress payments, based on invoices from Consultant. The EDA's
payment shall be made within 30 days after Consultant's statement. Consultant's statement shall
contain a detailed list of project labor and hours, rates, titles, and amounts undertaken by the
Consultant during that billing period.
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4. Approvals. The Consultant will secure the written approval of the EDA's Executive Director
before making any expenditures, purchases, or commitments on the EDA's behalf or before
releasing any material to the media.
5. Termination. Notwithstanding any other provision hereof to the contrary,this Agreement may be
terminated as follows:
a. The parties,by mutual written agreement,may terminate this Agreement at any time.
b. The Consultant may terminate this Agreement in the event of a material breach of this
Agreement by the EDA upon providing 7 days' written notice to the EDA.
c. The EDA may terminate this Agreement upon providing 7 days' written notice to the
Consultant at any time at its option,for any reason,or no reason at all.
In the event of a termination, the EDA will reimburse the Consultant for all costs of materials or
other expenses incurred prior to the date of termination and pay the Consultant just and equitable
compensation for any satisfactory Work performed to the date of termination as determined by the
EDA in its sole discretion.
6. Amendments. No amendments may be made to this Agreement except in writing signed by both
parties.
7. Remedies.
a. In the event of a termination of this Agreement by the EDA, the EDA may complete the
Work either by itself or by contract with other persons or entities, or any combination
thereof.
b. The foregoing remedies provided to the EDA for breach of this Agreement by the
Consultant shall not be exclusive. The EDA shall be entitled to exercise any one or more
other legal or equitable remedies available because of the Consultant's breach.
8. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05,Subd.5,the Consultant agrees that
the books,records,documents,and accounting procedures and practices of the Consultant,that are
relevant to this Agreement or the Work,are subject to examination by the EDA and the state auditor
or legislative auditor for a minimum of 6 years. The Consultant shall maintain such records for a
minimum of 6 years after final payment.
9. Indemnification. To the fullest extent permitted by law, the Consultant, and the Consultant's
successors or assigns, agree to indemnify and hold harmless the EDA and the City of Elk River,
Minnesota (the "City"), their officers, agents, and employees from all claims, suits, or actions of
any kind,nature,or character, and the reasonable costs,disbursements,and expenses of defending the
same,including but not limited to,reasonable attorneys'fees,consulting project management services,
and other technical, administrative or professional assistance to the extent caused by the negligence,
breach of contract or willful misconduct of the Consultant or its subcontractors,agents,or employees
under this Agreement or arising out of the failure to obtain or maintain the insurance required by this
Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or
limitation on liability to which the EDA or the City is entitled. The parties agree that these
indemnification obligations will survive the completion or termination of this Agreement.
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to. Insurance. The Consultant will maintain insurance coverage for: Worker's Compensation,
General Liability, and Professional Liability in an amount of not less than $2,000,000.00 (two
million dollars and no/100)per occurrence, and will provide information as to specific limits upon
receipt of this signed Agreement. The Consultant shall provide the EDA with a current certificate
of liability insurance for all insurance coverage referenced above. Such certificate of liability
insurance shall list the EDA as an additional insured and contain a statement that such policies of
insurance shall not be canceled unless 30 days' written notice (10 days' written notice for non-
payment of premiums)is provided to the EDA.
it. Subcontracting. Neither the EDA nor the Consultant shall assign, or transfer any rights under or
interest(including,but without limitation,moneys that may become due or moneys that are due)in
this Agreement without the prior written consent of the other except to the extent that the effect of
this limitation may be restricted by law. Unless specifically stated to the contrary in any written
consent to an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing contained in this paragraph shall prevent the
Consultant from employing such independent consultants,associates,and subcontractors,as it may
deem appropriate to assist it in the performance of services hereunder. Notwithstanding the
foregoing,the Consultant may retain,at its expense,the services of consultant)for the Work.
12. Assignment. Neither the EDA nor the Consultant shall assign this Agreement or any rights under
or interest in this Agreement, in whole or in part, without the other party's prior written consent.
Any assignment in violation of this provision is null and void.
13. Independent Contractor. The Consultant shall be deemed an independent contractor. The
Consultant's duties will be performed with the understanding that the Consultant has special
expertise as to the services which the Consultant is to perform and is customarily engaged in the
independent performance of the same or similar services for others. The manner in which the
services are performed shall be controlled by the Consultant; however, the nature of the services
and the results to be achieved shall be specified by the EDA. The Consultant is not to be deemed
an employee or agent of the EDA or the City and has no authority to make any binding
commitments or obligations on behalf of the EDA or the City except to the extent expressly
provided herein. All services provided by the Consultant pursuant to this Agreement shall be
provided by the Consultant as an independent contractor and not as an employee of the EDA or the
City for any purpose,including but not limited to: income tax withholding,workers'compensation,
unemployment compensation,FICA taxes,liability for torts and eligibility for employee benefits.
14. Compliance with Laws. The Consultant shall exercise due professional care to comply with
applicable federal, state and local laws,rules,ordinances and regulations in effect as of the date the
Consultant agrees to provide the applicable services detailed in Exhibit A or any supplemental letter
agreement.
15. Notices. Any notices permitted or required by this Agreement shall be deemed given when
personally delivered or upon deposit in the United States mail, postage fully prepaid, certified,
return receipt requested, addressed to:
Consultant: The Milligan Studio LLC
459 Selby Avenue
St. Paul,Minnesota 55102
Attention: Dr.Nicole Mary Milligan
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EDA: Economic Development Authority of the City of Elk River
13065 Orono Parkway
Elk River,MN 55330
Attention: Executive Director
Or such other address as either party may provide to the other by notice given in accordance with
this provision.
16. Attorney Fees. In the event of any action to enforce or interpret this Agreement, the prevailing
parry shall be entitled to recover from the losing party reasonable attorney fees incurred in the
proceeding, as set by the court, at trial,on appeal or upon review.
17. Entire Agreement. This Agreement,any attached exhibits and any addenda or amendments signed
by the parties shall constitute the entire agreement between the EDA and the Consultant, and
supersedes any other written or oral agreements between the EDA and the Consultant. This
Agreement can only be modified in writing signed by the EDA and the Consultant.
18. Third Party Rights. The parties to this Agreement do not intend to confer on any third party any
rights under this Agreement.
19. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance
with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this
Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this
Agreement waive any objection to the jurisdiction of these courts, whether based on convenience
or otherwise.
20. Conflict of Interest. The Consultant shall use reasonable care to avoid conflicts of interest and
appearances of impropriety in representation of the EDA and the City. In the event of a conflict of
interest, the Consultant shall advise the EDA and either secure a waiver of the conflict or advise
the EDA that it will be unable to provide the requested services. It is the intent of the Consultant
to refrain from handling advertising, digital, and public relations matters for any other person or
entity that may pose a conflict of interest.
21. Work Products and Ownership of Documents. Upon full payment for all amounts due
hereunder, all records, information, materials and other work products, including, but not limited
to the completed reports, drawings, renderings, mock ups, samples, photographs and the Work
prepared and developed in connection with the provision of services pursuant to this Agreement
shall become the property of the EDA, but reproductions of such records, information, materials
and other work products in whole or in part may be retained by the Consultant. The Consultant
and its subconsultants shall not be responsible for the EDA's use of such work product and
documents unless the Consultant is retained to provide professional services in connection with
such use.
22. Agreement Not Exclusive. The EDA retains the right to hire other representation for other matters,
in the EDA's sole discretion.
23. Data Practices Act Compliance. Any and all data provided to the Consultant, received from the
Consultant,created,collected,received, stored,used,maintained,or disseminated by the Consultant
pursuant to this Agreement shall be administered in accordance with,and is subject to the requirements
of the Minnesota Government Data Practices Act,Minnesota Statutes,Chapter 13, as amended. This
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paragraph does not create a duty on the part of the Consultant to provide access to public data to the
public if the public data are available from the EDA,except as required by the terms of this Agreement.
24. No Discrimination. The Consultant agrees not to discriminate in providing products and services
under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual
orientation,status with regard to public assistance,or religion. Violation of any part of this provision
may lead to immediate termination of this Agreement.
25. Authorized Agents. The EDA's authorized agent for purposes of administration of this contract is
the Executive Director of the EDA, or his or her designee. The Consultant's authorized agent for
purposes of administration of this contract is Dr. Nicole Mary Mulligan. All Work shall be
performed by or under the supervision of Dr.Nicole Mary Mulligan.
26. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver
of any other provisions or any other or further breach, and no such waiver shall be effective unless
made in writing and signed by an authorized representative of the parry to be charged with such a
waiver.
27. Headings. The headings contained in this Agreement have been inserted for convenience of
reference only and shall in no way define,limit or affect the scope and intent of this Agreement.
28. Severability. In the event that any provision of this Agreement shall be illegal or otherwise
unenforceable, such provision shall be severed, and the balance of this Agreement shall continue
in full force and effect.
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IN WITNESS WHEREOF,the EDA and the Consultant have caused this Professional Services
Agreement to be executed by their duly authorized representatives effective as of the date first written
above.
ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF ELK RIVER
By:
Its President
By:
Its Executive Director
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THE MILLIGAN STUDIO LLC
By:
Dr.Nicole Mary Milligan
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EL185-13-668416.v2
EXHIBIT A
SCOPE OF WORK
[Insert Milligan Packet]
A-1
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