Loading...
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