HomeMy WebLinkAbout6245RESOLUTION NO. 6245
A RESOLUTION ACCEPTING A GRANT FROM THE
COLORADO COUNCIL ON THE ARTS AND HUMANITIES
AND COMMISSIONING THE CREATION OF THE
FOUNTAIN CREEK FLOOD CONTROL PROJECT
FLOODWALL RELIEF SCULPTURE
WHEREAS, the U. S. Army Corps of Engineers in cooperation with the City
of Pueblo, is constructing the Fountain Creek Flood Control Project and a portion
of the project is the construction of an 800 foot concrete floodwall paralleling
Interstate 25 and downtown Pueblo; and
WHEREAS, the City has been offered a $4,000 matching grant from the
Colorado Council on the Arts and Humanities to commission artists Ken and Judith
Williams to create a 1,100 square foot symbolic and commemorative brick and tile
sculpture to be attached to said floodwall; and
WHEREAS, it is a goal of the City Council to improve the visual image
of the Interstate 25 corridor through the City of Pueblo; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1.
The President of City Council be, and he is hereby authorized to enter
into a contract and accept said grant from the Colorado Council on the Arts and
Humanities on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall
affix the seal of the City thereto and attest the same.
SECTION 2.
The City Manager be, and he
engage artists Ken and Judith Williams
behalf of Pueblo, a Municipal Corporation,
is hereby authorized to commission and
to create and install said sculpture on
for an amount not to exceed $44,000.
SECTION 3.
The City's share of all costs of said sculpture shall be paid from
funds to be available for the Fountain Creek Flood Control Project.
INTRODUCED JULY 2 5, 1988
BY MICHAEL OCCHIATO
Councilman
APPROVED BY:
President of the Council
ATTEST:
City Clerk
CONTRACT
This Contract entered into the 26th day of September, 1988 by
and between the City of Pueblo, a Municipal Corporation (herein
"City ") and Ken Williams and Judith Williams (herein "Williams "),
Witnesseth, that in consideration of the mutual promises herein
contained City and Williams agree as follows:
1. City engages Williams and Williams accepts the engage-
ment to design, create and install a 1,100 square foot symbolic
and commemorative brick and tile sculpture (the "sculpture ") on
the proposed Fountain Creek flood wall at the location shown on
Exhibit "A" attached hereto.
2. Williams shall provide all artistic efforts, work,
labor, materials, equipment, supplies and transportation for the
design, creation and installation of the sculpture and shall
cooperate with the U.S. Army Corps of Engineers and its contrac-
tors concerning the installation of the sculpture and coordinate
such installation with the construction of the Fountain Creek
flood wall.
3. Williams shall in a timely and reasonable manner proceed
with and complete the sculpture in the following Phases:
Phase 1 - produce sketches of the sculpture for presentation
to the City Council for approval.
Phase 2 - after approval of the sketches of the sculpture by
the City Council, complete final design and sculpting in
conformity with the approved sketches.
Phase 3 - fire and palletize bricks and tile for sculpture
for delivery on or about March 31, 1989. If construction of
the Fountain Creek flood wall is not sufficiently completed
to permit installation of the sculpture, Williams shall store
the sculpture at Williams' expense.
Phase 4 - deliver and install the completed sculpture.
4. Upon satisfactory completion of each Phase described in
paragraph 3, City shall pay to Williams the sum of $11,000.00
provided that if City does not approve the sculpture sketches
submitted by Williams under Phase 1, this Contract shall terminate
and no sums shall be paid to Williams by City hereunder. Upon
completion of each Phase, Williams will notify the City's Planning
Director who shall review the completed Phase and, if completed in
accordance with this Contract, authorize payment for the completed
Phase. The maximum sum to be paid to Williams under this Contract
shall not exceed $44,000.00.
5. Until installed, all risk of loss or damage to the
sculpture shall be born by Williams. After installation, all risk
of loss or damage to the sculpture shall be born by the City.
Williams warrant all materials and work for a period of twelve
(12) months after installation.
6. It is understood and acknowledged by the parties that
the relationship of Williams to City is that of an independent
contractor and that Williams shall have no authority to employ any
person as employee or agent or contract for the purchase of sup-
plies or materials in the name of or on behalf of the City for any
purpose.
7. This Contract shall not be assigned in whole or in part
by Williams.
8. This Contract sets forth all understandings and agree-
ments between the City and Williams. No modifiction or amendment
to this Contract shall be valid or binding unless set forth in
writing and signed by City and Williams.
9. This Contract shall be governed by the laws of the State
of Colorado.
Executed the day and year
CITY OF PUEBLO,
A MUNICIPAL CORPORATION
By
Attest:
CITY MANAGE
Approved As To Form:
City Attor e
first above written.
en Willia
Ju �ithwilliams
TJ 30.38 -2-