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HomeMy WebLinkAboutContract 33894 TA R V A AGREEMENT FOR FINAL DESIGN AND COMMISSION OF PUBLIC ARTWORK AGREEMENT BETWEEN THE CITY OF FORT WORTH AND PHILIPPE KLINEFELTER This Agreement ("Agreement"), entered into this a,&day of 2006, by and between the CITY OF FORT WORTH, a home rule municipal co ration of the State of Texas (the "City"), acting by and through Libby Watson, its duly authorized Assistant City Manager and PHILIPPE KLINEFELTER(the "Artist"), located at 800 Gullett Street, Austin, TX, 78702. The City has designated the ARTS COUNCIL OF FORT WORTH & TARRANT COUNTY INC. (the "Contract Manager"), to manage this Agreement on its behalf. The Contract Manager shall act through Kelly Pajek, its designated Public Art Project Manager. WHEREAS, the City of Fort Worth entered into an Adopt-A-Park Agreement with Urban Green, a local not-for-profit, to improve the traffic triangle know as "Byers Green" bounded by Camp Bowie Boulevard, Byers Avenue and Eldridge Street, in Fort Worth, Texas, more particularly described in Exhibit "A" attached hereto (the "Site"); and, WHEREAS, Urban Green approached the Fort Worth Art Commission requesting that a sculptural water feature be commissioned as a focal point for`Byers Green"; and, WHEREAS, funds for a public art project at "Byers Green" have been allocated in the Long Range Public Art Plan for the 2004 Capital Improvement Program (Proposition One), for the selection, design and placement of works of art at, in or near said Site; and, WHEREAS, Artist was selected by City through a selection process conducted by Contract Manager with oversight of the Fort Worth Art Commission to design, fabricate and install a three-dimensional, freestanding, carved red granite spherical water feature approximately 9' in diameter with lighting, entitled Earth Fountain, (the "Artwork") as described in Artist's proposal attached hereto as Exhibit"B"(the "Proposal"); and, 09KC-11,Ikki WIND Page l of 15 WHEREAS, City and Artist wish to set out the terms and conditions under which said Artwork shall be designed in order to promote the integrity of Artist's ideas and statements as represented by the Artwork; NOW, THEREFORE, City and Artist for and in consideration of the covenants and agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows: ARTICLE 1 SCOPE OF SERVICES 1.1. General. 1. a. Artist shall perform all services and furnish all supplies, materials, and equipment as necessary to execute the final design and, upon approval, fabrication, delivery and installation of the Artwork. b. Artist shall perform the following services: i. Finalize the design of the Artwork, in substantial conformity to the Proposal, including the design and engineering of the concrete footing, plumbing, electrical service, and lighting for the Artwork. In addition, provide: (1) conceptual designs for granite benches which may be commissioned under a separate agreement with Urban Green; (2) conceptual designs for pathway(s) to be implemented by Urban Green; and (3) consult with Urban Green on identification and donor plaques associated with Artwork and benches, as well as selection of appropriate trash receptacles. ii. Select experienced subcontractor(s) to install plumbing, electrical, lighting and transport and install the Artwork. iii. Provide a final budget on the form, attached hereto as Exhibit "C," including a budget for the complete final design, fabrication, delivery and installation of the Artwork, contingency and Artist's fee not to exceed TWO HUNDRED TWENTY THOUSAND SIXTY-SIX DOLLARS AND NO CENTS ($220,066 . Page 2 of 15 iv. Present the final design of the Artwork to the Fort Worth Art Commission for review and approval. C. Artist shall determine the artistic expression, scope, color, size, material, and texture of the Artwork, subject to the provisions of this Agreement. d. The location at the Site in which the Artwork shall be installed shall be mutually agreed upon by City and Artist, after consultation with Urban Green. e. Artist shall fabricate and install the Artwork in accordance with Sections 1.4 and 1.5 of this Agreement. 2. Within three (3) months after the execution of this Agreement, Artist shall provide services and all supplies, materials, and equipment necessary to provide certain deliverables, as set forth in Sections l.l.l.a.-d. (collectively, the "Final Design"), to City for approval. The Final Design is subject to approval and acceptance by City as set forth in this Agreement. The Final Design shall consist of the following: a. Final design illustrations for the Artwork, mounted on 20" x 30" rigid boards and in high resolution digital format, as well as material or fabrication samples and/or prototype model, for all elements of the Artwork that shows its size and placement in relation to the Site, as appropriate. The illustrations and model provided during the proposal phase of this project may fulfill this requirement provided there are no changes to the design; b. Final written narrative describing: (1) the final design for Artwork, and landscaping; (2) fabrication and installation methods for Artwork, including plumbing, electrical and lighting; (3) the maintenance requirements for the Artwork as dictated by a qualified art conservator along with cost estimates for such maintenance; (4) the maintenance requirements for the fountain components by the manufacturer along with cost estimates for such maintenance; and, (5) the maintenance requirements for the lighting fixtures along with cost estimates for such maintenance; C. Final budget for Artwork with written estimates attached; and Page 3 of 15 d. Comprehensive working drawings detailing the means of installing the Artwork on the Site, together with such other graphic material as may be requested by City in order to permit City to carry out structural design review and to certify compliance of the Artwork with applicable statutes, ordinances and regulations. These drawings must have a State of Texas-licensed Engineer's and/or Architect's seal as required by City. Any core samples that may be needed are the responsibility of Artist. City, the Site architect, engineer and/or project manager, upon request by Artist, shall promptly furnish all information, materials, and assistance required by the Artist in connection with said submission to the extent such materials are available. City, upon request by Artist, shall also provide correct scaled drawings of the site, if available. 1.2. Proposal Selection. City and Artist acknowledge that the Proposal as reviewed and recommended by the Fort Worth Art Commission and authorized by the Fort Worth City Council is the basis for executing this Agreement with Artist. 1.3 Design Review. a. City may require Artist to make such revisions to the Final Design as are necessary for the Artwork to comply with applicable statutes, ordinances or regulations of any governmental regulatory agency having jurisdiction over the Site for reasons of safety and security. b. City may request revisions to the Final Design for other practical, non-aesthetic, reasons. C. Within thirty (30) days of its receipt of Artist's submission of the Final Design, City shall notify the Artist of its approval or disapproval of such submission and of each revision made in the Proposal. Revisions made pursuant to this Section 1.3, upon approval by City, shall become part of the Final Design. d. If the Final Design or any required revision is disapproved by City, Artist shall have thirty (30) days to resubmit the Final Design in conformance with City's requirement. Page 4 of 15 e. If resubmitted materials are not approved by City, this Agreement may be terminated at City's option, with payment for work completed per the payment schedule in Section 2.1. 1.4 Execution of the Artwork. a. Upon approval of Final Design, Artist shall promptly furnish to City a schedule for the completion of the fabrication and installation of the Artwork. City shall approve schedule in writing after consultation with Urban Green. After written approval of the schedule is received by Artist, Artist shall fabricate, transport and install the Artwork in accordance with such schedule. Schedule changes may be accomplished by written agreement between Artist and City. b. City shall have the right to review the Artwork at reasonable times during its fabrication. Artist shall, upon written request by City, provide City with a written progress report detailing the progress made toward completion of the Artwork and the remainder of work to be done to complete the Artwork. C. Artist shall complete the fabrication of the Artwork in substantial conformity with the Proposal. However, Artist may present to City, in writing for further review and approval, any significant changes in the scope, design, color, size, material, or texture of the Artwork not in substantial conformity with the Proposal. City, in light of the Proposal, shall determine whether a significant change is approved. 1.5. Delivery and Installation. a. Artist shall notify City, through its Contract Manager, and Urban Green in writing when fabrication of the Artwork is completed and is ready for its delivery and installation at the Site. b. Artist shall deliver and install the completed Artwork at the Site in compliance with the schedule approved pursuant to Section 1.4; provided, however, that delivery and installation activities may not commence until written permission is delivered to Artist by Contract Manager. Page 5 of 15 C. City and Contract Manager shall not be responsible for labor and equipment or costs associated therewith to prepare the Site for the installation of the Artwork, including relocation of any irrigation lines which may be installed on the Site. d. Artist shall take all necessary precautions to protect and preserve the integrity of the Site, including any landscaping, grass, trees, shrubs, underground irrigation system, or any other surface, while delivering and installing the Artwork. Artist and his subcontractors shall not drive vehicles on Site, except for placement of drilling rig over sculpture site to obtain core sample and to drill for concrete piers, which shall be coordinated by Artist under the advisement of Urban Green to protect landscaping and irrigation systems. Artist shall limit work area and install a temporary fence around Site during installation. Artist shall backfill with clean fill and grade to lip of Artwork. Artist shall repair any damage to the Site due to his negligence or the negligence of his subcontractor(s). e. Prior to installation of the Artwork, Artist shall provide to City written instructions for appropriate maintenance and preservation of the Artwork. The appropriate maintenance and preservation instructions shall not be substantially different from the maintenance and preservation anticipated and conveyed to City for the Artwork in the design phase for the Artwork. 1.6. Post-installation. a. Within thirty (30) days after the installation of the Artwork, Artist shall furnish City with an original set of high resolution digital photographs showing Artwork from at least 3 points of view, as selected by Contract Manager to document the project after the Artwork is installed (collectively, "Photographic Material"). b. Artist shall be available at such time or times as may be agreed between City and Artist to attend any inauguration or presentation ceremonies relating to the transfer of the Artwork to City. City shall use its best efforts to arrange for publicity for the completed Artwork in such art publications and otherwise as may be determined between City and Artist as soon as practicable following installation. Page 6 of 15 1.7. Final Acceptance. a. Artist shall advise Contract Manager in writing when all services required prior to those described in Section 1.6 have been completed in substantial conformity with the Proposal. Included in such notice from Artist shall be an affidavit certifying that all bills relating to services or supplies used in the performance of this Agreement have been paid. b. City shall notify Artist in writing of its final acceptance of the Artwork ("Final Acceptance"). C. Final Acceptance shall be effective as of the earlier to occur of(1)the date of City's notification to Artist of Final Acceptance; or (2) the 35th day after Artist has sent the written notice to City required under Section 1.7(a) unless City, upon receipt of such notice and prior to the expiration of the 35-day period, gives Artist written notice specifying and describing the services which have not been completed. 1.8. Risk of Loss The risk of loss or damage to the Artwork shall be borne by Artist prior to Final Acceptance, and Artist shall take such measures as are necessary to protect the Artwork from loss or damage until Final Acceptance, including but not limited to the purchase of property loss insurance; except that the risk of loss or damage shall be borne by City prior to Final Acceptance during such periods of time as the partially or wholly completed Artwork is in the custody, control or supervision of City or its agents for the purposes of moving, storing, or performing any other ancillary services to the Artwork. 1.9. Title. Title to the Artwork shall pass to City upon Final Acceptance. ARTICLE 2 COMPENSATION AND PAYMENT SCHEDULE 2.1. Fixed Fee. City shall pay Artist a fixed fee of TWO HUNDRED TWENTY THOUSAND SIXTYY-SIX DOLLARS AND NO CENTS ($220,066.00) ("Fee"), which shall Page 7 of 15 constitute full compensation for all services and materials to be performed and furnished by Artist under this Agreement. The Fee shall be paid in the following installments, expressed as percentages (or portions) of the Fee, each installment to represent full and final,non-refundable payment for all services and materials provided prior to the due date thereof: a. Twenty percent (20%) upon execution of this Agreement, recognizing the Artist has already invested time and expense in preliminary design coordination with City and its consultants. b. Forty percent (40%) within thirty (30) days after City notifies Artist of its approval of the deliverables and services outlined in Section I.La.-d. and Section 1.4.a. c. Thirty percent (30%) within thirty (30) days after City notifies Artist that commencement of delivery and installation of Artwork may begin. d. Ten percent (10%) within thirty (30) days after City notifies the Artist of its Final Acceptance of Artwork outlined in Section 1.7. 2.2. Sales Taxes. City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be due upon the Artwork. City shall supply Artist with the "Texas Sales Tax and Local Sales Tax Exemption Certificate", in substantially the same form as that attached hereto and incorporated herein as Exhibit M." 2.3. Artists' Expenses. Artist shall be responsible for the payments of all mailings or shipping charges, including insurance, on submissions to City and the costs of all travel by Artist, except as otherwise provided, and the labor costs for Artist's agents, subcontractors, and employees necessary for the proper performance of the services required under this Agreement. ARTICLE 3 INSURANCE 3.1 General. Artist shall carry insurance as set out in Exhibit "E." Except as provided in Section 1.8 hereof, the risk of damage to or loss of the Work shall during fabrication and installation, but prior to Final Acceptance by City, shall be solely Page 8 of 15 that of Artist. This risk shall transfer to City and shall no longer be the responsibility of Artist upon Final Acceptance of the Work. 3.2. Performance Bonds. Artist shall not be required by City to post any performance bonds or similar undertakings, and any requirement of any other authority for performance bonds shall be the responsibility of City. ARTICLE 4 REPRODUCTION RIGHTS 4.1. General. a. Artist's Final Design and all other work products under this Agreement shall become the property of City, without restriction on future use, except as provided below. Artist may retain copyright and other intellectual property rights in and to the final design. By execution of this Agreement, Artist grants to City a perpetual, irrevocable license to graphically depict or display the Artwork for any non-commercial purpose whatsoever; for purposes of this limitation, any graphic depiction or display of the Artwork intended to promote or benefit City, its public services or its public purposes, regardless of whether or not a fee is charged to the public, or whether revenue is otherwise received by City, shall be deemed a non-commercial purpose. Notwithstanding the above limitation, Artist agrees and understands that nothing in this paragraph shall affect or limit City's absolute, unrestricted rights incidental to City's full ownership of the Artwork to alter, change, modify, destroy, remove, move, replace, operate, maintain, transport, sell or transfer, in whole or in part, the Artwork when City deems it necessary within its discretion, in order to otherwise exercise City's powers and responsibility in regard to public works and improvements, in furtherance of City's operations or for any other reason. b. City shall take title to all documents and/or drawings, which constitute or are components of the Preliminary Proposal and the Final Design, upon Final Acceptance of the Final Design. These documents and/or drawings will be retained for archival and exhibition purposes. C. Artist reserves every right available under the Federal Copyright Act to control the making and dissemination of copies or reproductions of this Preliminary Proposal and Final Design, except as those rights are limited by this Agreement. City may make and Page 9 of 15 disseminate photographs, drawings, and other two-dimensional reproductions of the Preliminary Proposal or Final Design and accompanying materials for any municipal purpose. All reproductions by City shall contain a credit to Artist and a copyright notice substantially in the following form: "©date, Artist's name." 4.2. Artist's Address. Artist shall notify the Contract Manager of changes in Artist's address. 4.3. Surviving Covenants. The covenants and obligations set forth in this Agreement shall not survive the death or legal incapacity of Artist. ARTICLE 5 ARTIST AS INDEPENDENT CONTRACTOR Artist shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of City. Artist shall have exclusive control of, and the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of his/her officers, agents, employees and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between City and Artist, his/her officers, agents, employees and subcontractors, and doctrine of respondeat superior has no application as between City and Artist. ARTICLE 6 INDEMNIFICATION ARTIST HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF THE CITY OF FORT WORTH, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER,WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROJECT Page 10 of 15 DESCRIBED HEREIN. ARTIST LIKEWISE COVENANTS AND AGREES TO ASSUME RESPONSIBILITY FOR ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF THE CITY OF FORT WORTH, ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF ARTIST, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, OR LICENSEES. ARTICLE 7 MISCELLANEOUS 7.1. Compliance. Artist shall comply with all Federal, state and local statutes, ordinances and regulations applicable to the performance of Artist services under this Agreement. 7.2. Entire Agreement. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 7.3. Amendments. No alteration, change, modification or amendment of the terms of this Agreement shall be valid or effective unless made in writing and signed by both parties hereto and approved by appropriate action of City. 7.4. Waiver. No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants, and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. 7.5. Governing Law and Venue. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas—Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. IC!AI �P Page 11 of 15 Zg 7.6. Successors and Assigns. Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of City and Artist and their respective successors and permitted assigns. 7.7. No Third-Party Beneficiaries. The provisions and conditions of this Agreement are solely for the benefit of City and Artist, and any lawful successor or assign, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 7.8 Severability. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 7.9. Force Majeure. It is expressly understood and agreed by the parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war•, civil commotion; acts of God; inclement weather; governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots; material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such design or construction requirement shall be extended for a period of time equal to the period such party was delayed. 7.10. Contract Construction. The parties acknowledge that each party and, if it so chooses, its counsel, have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. Page 12 of 15 ' 7.11. Fiscal Funding Out. If for any reason, at any time during any term of this Agreement, the City Council fails to appropriate funds sufficient for City to fulfill its obligations under this Agreement, City may terminate this Agreement to be effective on the later of(i) thirty (30) days following delivery by City to Artist of written notice of City's intention to terminate or (ii) the last date for which funding has been appropriated by the City Council for the purposes set forth in this Agreement. 7.12. Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 7.13 Non-discrimination. In accordance with applicable equal opportunity statutes, Executive Orders, and regulations, Artist shall not discriminate against any person because of race, color, religion, sex, national origin, familial status, disability, or sexual orientation in connection with the Agreement. 7.14 Records Retention. Artist shall retain all records pertaining to this Agreement for three (3) years following the termination of this Agreement. Artist may destroy said records at the end of this three (3) year period if no outstanding issues remain between City and Artist regarding the Agreement. ARTICLE 8 NOTICES All notices, requests, demands, and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, as follows: Page 13 of 15 1. CITY OF FORT WORTH: Libby Watson, Assistant City Manager City Manager's Office City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Copies to: David Yett, City Attorney Law Department 1000 Throckmorton Street Fort Worth, TX 76102 Martha Peters, Public Art Director Arts Council of Fort Worth& Tarrant County 1300 Gendy Street Fort Worth, TX 76107 2. ARTIST Philippe Klinefelter 800 Gullett Street Austin, TX 78702 3. URBAN GREEN r'-e ci-t e/c �- [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] Page 14 of 15 IN WITNESS HEREOF, the parties hereto have executed this Agreement on this day and year first written above. CITY,aOF FORT WORTH ibby WaWon Assistant City Manager ARTIST r X� , Philippe thnefelter AY30ROVED AS TO FORM: ATTESTED BY: 'Leann Guzman Marty Hendrix Assistant City Attorney City Secretary 0-- r�1 s2� al��lcco Contract Authorization Date OFFICIAL �HCOM eI�' � � I''�y�l� Page 15 of 15 FT. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8!3!2006 DATE: Thursday, August 03, 2006 LOG NAME: 03CAMPBOWIEART REFERENCE NO.: **C-21589 SUBJECT: Authorize Execution of an Artwork Commission Contract with Philippe Klinefelter for "Earth Fountain" Camp Bowie Boulevard Public Art Project RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into an Artwork Commission Contract with Philippe Klinefelter for final design, fabrication and installation of "Earth Fountain," a carved red granite sculpture with an integral dry fountain for the traffic island known as "Byers Green," which is bounded by Camp Bowie Boulevard, Byers Avenue and Eldridge Street, in an amount not to exceed $220,066.00. DISCUSSION: The Artwork Commission Contract would enable Philippe Klinefelter to finalize his design for "Earth Fountain," the recommended public art project for Byers Green on Camp Bowie Boulevard, including engineering, lighting specifications and installation methods and, upon City approval, fabrication and installation of the work, for an amount not to exceed $220,066.00. Camp Bowie Boulevard is an arterial street project in the 2004 Capital Improvement Program (CIP); therefore, the public art is to be funded from Public Art Program funds in the 2004 CIP. An amended Adopt-a-Park Agreement will obligate Urban Green to provide pathway(s) to the sculpture, landscaping and, if funding is available, to commission benches designed by Philippe Klinefelter to complement the sculpture. BACKGROUND: On May 17, 2005 (M&C G-14801), the City Council approved the Long-Range Public Art Plan for the 2004 CIP, which identified Byers Green/the Camp Bowie Boulevard 2004 CIP arterial street project for 2004 CIP Public Art funding. In July 2005, the Arts Council of Fort Worth and Tarrant County, Inc. sent out a Request for Proposals (RFP), inviting 33 artists nominated by the Fort Worth Art Commission and the community to submit qualifications by August 31, 2005. A selection panel comprised of the following members was then formed: Selection Panel (Voting): Council Member Carter Burdette, Council District 7, Fort Worth City Council Carol Hendrix, North Hi Mount Neighborhood Association Cleve Lancaster, Crestline Neighborhood Association Rinda Medary, Crestline Neighborhood Association Christina Patoski, Arlington Heights Neighborhood Association Becky Lawton, Curator,Amon Carter Museum and Fort Worth Art Commissioner Anne Allen, Fort Worth-based Artist and Executive Director of the Arlington Museum of Art Steve Kline, General Services Administration and AIA Fort Worth ,ogna ne: 60SOUTHWEST Page 1 of 2 Rob Sell, Urban Green Advisors (Non-Voting): Dee Hardin, Fort Worth Parks and Community Sevices Department John Robinson, Amon Carter Foundation Brandy O'Quinn, Historic Camp Bowie, Inc. Andrew Blake, Urban Green Judy Needham, West Byers Neighborhood Association Leslye Nunnelee, The Project Group On September 9, 2005, the Selection Panel met, reviewed the qualifications of the 17 artists who responded to the RFP and selected three artists (Alice Bateman, Eliseo Garcia and Philippe Klinefelter) as finalists. On September 26, 2005, the three artists attended a site visit to meet with the project stakeholders and City staff. On December 9, 2005, the three finalists presented their proposals to the Selection Panel, which recommended Philippe Klinefelter's "Earth Fountain" proposal for commission. On December 12, 2005, the Fort Worth Art Commission approved the Artist Selection Panel's recommendation of Philippe Klinefelter as artist for the Camp Bowie/Byers Green public art project. The City's overall M/ BE goal for the Fort Worth Public Art program is 25% of total capital project dollars expended on public art annually. This project is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Street Improvements Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C200 531200 031980000933 $44,013.00 C200 541200 031980000980 $176,053.00 Submitted for City Manager's Office by: Libby Watson (6183) Originating Department Head: Bridgette Garrett(8518) Additional Information Contact: Sandy Oliver(7371) ,ogname: 60SOUTHWEST Page 2 of 2