HomeMy WebLinkAbout15197RESOLUTION NO. 15197
A RESOLUTION APPROVING AMENDMENT NO. 3 TO THE
PUBLIC ART SERVICES AGREEMENT BETWEEN THE CITY
OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND
KENNETH T. WILLIAMS, RELATED TO PROJECT NO. 17-065,
PUBLIC ART PROJECT FOR PUEBLO I-25 GATEWAY, AND
AUTHORIZING THE PURCHASING AGENT TO EXECUTE
SAME
WHEREAS, Project No. 17-065 (PL1801), Public Art Project for Pueblo I-25 Gateway
was awarded to Kenneth T. Williams, on July 9, 2018, resulting in the execution of a Public Art
Services Agreement between the City of Pueblo, a municipal corporation, and Kenneth T.
Williams, also dated July 9, 2018; and,
WHEREAS, Amendment No. 1 to the Public Art Services Agreement between the City of
Pueblo, a Municipal Corporation, and Kenneth T. Williams, dated April 26, 2021, was approved
under Resolution No. 14598; and,
WHEREAS, Amendment No. 2 to the Public Art Services Agreement between the City of
Pueblo, a Municipal Corporation, and Kenneth Williams Artist, was approved pursuant to
Section 1-5-2 (2) (f), Pueblo Municipal Code, and executed on May 31, 2022; and,
WHEREAS, the execution of Amendment No. 3 to the Public Art Services Agreement
between the City of Pueblo, a Municipal Corporation, and Kenneth T. Williams Artist, is
necessary to complete remaining construction work on the Dillon Bridge Flyover Art Project;
and,
WHEREAS, a combination of public contributions and private donations have been
budgeted and appropriated into Project No. PL1801 - Dillon Bridge Flyover Art Project for the
completion of the project; and,
WHEREAS, it is in the best interest of the City of Pueblo to complete the Gateway to the
Southwest Art Project in the manner herein provided; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that
SECTION 1.
Amendment No. 3, by and between the City of Pueblo, a Municipal Corporation, and
Kenneth T. Williams, 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 funds for Amendment No. 3 in the amount of $373,425.00 will be
paid from the Dillon Flyover Bridge Art Project (PL1801).
SECTION 3.
The Purchasing Agent is hereby authorized to execute Amendment No. 3 on behalf of
the City of Pueblo, a Colorado Municipal Corporation, and the City Clerk shall affix the seal of
the City thereto and attest same.
SECTION 4.
The officers of the City are authorized to perform any and all acts consistent with this
Resolution to implement the policies and procedures described herein.
SECTION 5.
This Resolution shall be effective upon the date of final passage and approval of an
Ordinance captioned “An Emergency Ordinance transferring $55,000 from the Unappropriated
Fund Balance of the General Fund to Project No. PL1801 - Dillon Flyover Bridge Art Project,
and budgeting and appropriating $55,000 for said project” and submitted for Council approval
contemporaneously herewith.
INTRODUCED: April 10, 2023
BY: Larry Atencio
MEMBER OF CITY COUNCIL
APPROVED: __________________________
PRESIDENT OF CITY COUNCIL
ATTESTED BY: ________________________
CITY CLERK
City Clerk's Office Item # M13
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: April 10, 2023
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Andrew Hayes, Public Works Director
SUBJECT: A RESOLUTION APPROVING AMENDMENT NO. 3 TO THE PUBLIC
ART SERVICES AGREEMENT BETWEEN THE CITY OF PUEBLO, A
COLORADO MUNICIPAL CORPORATION, AND KENNETH T.
WILLIAMS, RELATED TO PROJECT NO. 17-065, PUBLIC ART
PROJECT FOR PUEBLO I-25 GATEWAY, AND AUTHORIZING THE
PURCHASING AGENT TO EXECUTE SAME
SUMMARY:
This Resolution approves Amendment No. 3 to the Public Art Services Agreement
awarded to Kenneth T. Williams for Project No. 17-065 (PL1801) - Public Art Project for
Pueblo I-25 Gateway.
PREVIOUS COUNCIL ACTION:
Ordinance No. 9229, passed by City Council on February 12, 2018, established Project
No. PL1801 - Dillon Flyover Bridge Art Project and transferred, budgeted, and
appropriated $130,000 for the project.
Resolution No. 14007, passed by City Council on July 9, 2018, approved the award of a
Public Art Services Agreement (Bid No. 17-065) with Kenneth T. Williams, dated July 9,
2018, to design and construct the Gateway to the Southwest Art project with a
maximum contract value of $600,000.00.
Resolution No. 14598, passed by City Council on April 26, 2021, approved Amendment
No. 1 to the Public Art Services Agreement with Kenneth T. Williams, dated April 26,
2021, to add the fabrication and installation of replica monuments on public property
located along Central Main Street in Downtown Pueblo at a cost of $22,000.00.
Multiple ordinances have been passed by City Council since 2018, accepting public and
private financial contributions towards the project. To date, $960,070.00 of public and
private contributions have been accepted, budgeted and appropriated through the
passage of Ordinance Nos. 9209, 9229, 9408, 9445, 9489, 9541, 9552, 9664, 9688,
9871, and 10075.
BACKGROUND:
Kenneth Williams (Williams Studios) completed the design of the Gateway to the
Southwest Monument project and the construction of the monument in the easternmost
roundabout under the initial contract award in 2018. At the time the contract was
awarded, sufficient funding to complete the second half of the project was not made
available, so work on the other (westernmost) monument did not begin. Since that
time, additional funds have been provided by various public and private entities to cover
the unmet project costs.
FINANCIAL IMPLICATIONS:
The additional project funds for Amendment No. 3 in the amount of $373,425.00 will be
paid from the Dillon Flyover Bridge Art Project (PL1801).
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
Failure to pass this resolution will preclude the City from amending the current contract
to complete the construction of the Gateway to the Southwest project.
RECOMMENDATION:
Approval of the Resolution.
ATTACHMENTS:
1. Amendment No. 3 - Public Art Services Agreement (Ken Williams Artist) - with
Exhibit A