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Home My WebLink About14598 RESOLUTION NO. 14598 A RESOLUTION APPROVING AMENDMENT NO. 1 IN THE AMOUNT OF $22,000 WITH RESPECT TO THE PUBLIC ART SERVICES AGREEMENT AWARDED TO KENNETH T. WILLIAMS, WILLIAMS STUDIOS FOR ADDITIONAL WORK (BID NO. 17-065) AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME WHEREAS, Kenneth T. Williams, Williams Studios, has been selected to provide public art services for the I-25 Gateway Dillon Bridge Art Project, and; WHEREAS, Resolution No. 14007, dated July 9, 2018, approved a Public Art Services Agreement with Kenneth T. Williams, Williams Studio for the Project No. 17-065 (PL1801); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Amendment No.1 to the Public Art Services Agreement for additional work for the I-25 Gateway to the Southwest Art Project between Kenneth T. Williams, Williams Studios and the City of Pueblo, a Colorado Municipal Corporation, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The additional Project cost of $22,000 for the public art services will be paid from the I-25 Gateway to the Southwest Art Project, PL1801. SECTION 3. The Purchasing Agent is hereby authorized to execute said Agreement Amendment No. 1 on behalf of Pueblo, a Colorado Municipal Corporation. SECTION 4. The officers and staff of the City are authorized to perform any and all acts consistent with the intent of the Resolution and the attached Agreement Amendment No. 1 to implement the transaction described therein. SECTION 5. This Resolution shall become effective immediately upon passage and approval. INTRODUCED April 26, 2021 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # M-6 BACKGROUND PAPER FOR PROPOSED RESOLUTION COUNCIL MEETING DATE: April 26, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marisa Stoller, City Clerk FROM: Scott Hobson, Acting Director of Planning and Community Development SUBJECT: A RESOLUTION APPROVING AMENDMENT NO. 1 IN THE AMOUNT OF $22,000 WITH RESPECT TO THE PUBLIC ART SERVICES AGREEMENT AWARDED TO KENNETH T. WILLIAMS, WILLIAMS STUDIO FOR ADDITIONAL WORK (BID NO. 17-065) AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME SUMMARY: This Resolution approves Agreement Amendment No. 1 for additional work needed for the Gateway to the Southwest Art Project agreement previously awarded to Kenneth T. Williams, Williams studios for the installation of the Gateway to the Southwest Replica Sculptures which will be located on the Historic Arkansas Riverwalk Project. PREVIOUS COUNCIL ACTION: On May 26, 2015, City Council approved Resolution No. 13237 supporting the concept for the installation of monumental public art sculptures on the new Dillon Flyover Bridge as a gateway feature to the City of Pueblo. On January 22, 2018, the Pueblo City Council approved Ordinance No. 9229, establishing the I-25 Gateway Dillon Bridge Art Project and budgeting $130,000 for Project PL1801. On July 9, 2018, the Pueblo City Council approved a Public Art Services Agreement with Kenneth T. Williams, Williams Studios for the Project No. 17-065 (PL1801) BACKGROUND: The previously awarded agreement in the amount of $600,000 was awarded to Kenneth T. Williams, Williams Studios to design and construct the Gateway to the Southwest Art Sculptures. This agreement amendment in the amount of $22,000 will pay for the installation of the Gateway to the Southwest Replica Sculptures within the Historic Arkansas Riverwalk Project. The two 15-foot-high replica structures were fabricated and donated by Burnie Zercher. The sculptures will be placed within the HARP area adjacent to Central Main Street away from the roadway to provide for safety and pedestrian accessibility. The additional costs include construction and installation of the base using art tiles that the replicas will be placed on at the Riverwalk. The replica sculptures were determined by the City project team to be vital for the interpretation of the Gateway to the Southwest Project and necessary for the recognition of donors. The replica interpretation or signage is not allowed by CDOT at the monumental sculpture site in the roundabouts adjacent to the Dillon Drive bridge. FINANCIAL IMPLICATIONS: The cost of the Public Art Services was bid at $600,000, Bid No.17-065. Amendment No. 1 in the amount of $22,000 brings the final cost of the Project to $622,000. Funds are budgeted and appropriated to pay for the agreement amendment from Project No. PL1801. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: None. ALTERNATIVES: None. RECOMMENDATION: Approval of the Resolution. Attachments: Proposed Resolution Agreement Amendment No. 1 and Exhibit A AMENDMENT NO. 1 TO PUBLIC ART SERVICE AGREEMENT This Amendment No. 1 to Agreement for Public Art Services ("Amendment") is executed to be effective as of April 26, 2021 and between the City of Pueblo, Colorado, a Colorado municipal corporation ("Owner") and Kenneth T. Williams, (hereinafter referred to as "Artist.") WHEREAS, Owner and Kenneth T. Williams entered into that certain agreement for public art services dated July 9, 2018, Bid No. 17-065 (the "Agreement"); and WHEREAS, Owner and Artist desire to modify the Agreement pursuant to the provisions set forth herein. NOW, THEREFORE, in consideration of the foregoing premises, the mutual promises set forth herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Owner and Kenneth T. Williams hereby agree to the following: AGREEMENT 1. Scope of Services and Cost of Services. Kenneth T. Williams, Williams Studio shall render certain public art services for Owner not to exceed $22,000.00 in connection with City Project No. 17-065, Public Art Project for Pueblo 1-25 Gateway, in accordance with Amendment 1, dated April 26, 2021 attached hereto and incorporated herein by this reference. 2. Successors and Assigns. This Amendment No. 1 shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 3. Ratification. Except as expressly stated herein the Agreement shall remain in full force and effect. If there is any conflict between the Agreement, the terms of this Amendment No. 1 shall control. 4. Counterparts. This Amendment No. 1 may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall constitute one and the same document with the same effect as if all parties had signed the same original. The parties further agree that transmission of this Amendment No. 1 by telecopy or via email in a PDF format shall be deemed transmission of the original Amendment No. 1 for all purposes. IN WITNESS WHEREOF, the parties to this Amendment No. 1 have set forth their hand, to be effective as of the effective date. (Signature Page Follows) CITY OF PUEBLO,A MUNICIPAL CORPORATION KENNETH T. WILLIAMS,WILLIAMS STUDIO B 4 . i. a • . _. 1.. - , - B • - APIA_Ol" T / i II// ) ,Q6,/, __ Y' kJc4' ltirect,hof'u c,.sin; N ; Kenneth T. Williams,Owner i est:4i\ ,., ' ,�, ;/,1 ".� A ito 111/ S E. zvois� •r 1 J 7 BALD 4'IATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE. if - - / , . / j/Ly // Director of Finance APPROVED AS TO FORM: . 404,10V%AA ■i • 1,4‹.-"79 V14:2A.,-i'' City Attorney Attachment: Amendment No. I, Exhibit A - Additional Work and Fee ; ' Ken Williams �` 1 'r3 505 West 10th St. k Pueblo, CO 81003 � 719-406-6759 kenwilliamsstudio.com williams.studio@comcast.net EXHIBIT A SUBJECT: Amendment No. 1 to the Public Art Services Agreement, dated July 9, 2018 for Project No. 17-065 (PL1801) Amendment No. 1 includes: 1. Cost for the artwork tile for the Gateway to the Southwest Replica Sculptures on the Riverwalk. The replica sculptures were determined by the City vital for the interpretation of the Gateway to the Southwest Project and necessary for the recognition of donors. The replicas will be 15 foot high and off the roadway for safety and pedestrian accessibility located at the Riverwalk on Central Main Street. Interpretation or signage is not allowed by CDOT at the monumental sculpture site in the roundabouts on top of the Dillon Drive bridge. Total Costs $22,000.00