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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-