HomeMy Public PortalAbout2020.01.30 Artwork Commission Agreement Laidlaw Landscaping Company ARTWORK COMMISSION AGREEMENT
By and between
THE CITY OF MCCALL
And
LAIDLA W LANDSCAPING COMPANY, LL C.
(dba LAIDLAW DESIGN COMPANY, LLC.)
THIS AGREEMENT is made and entered into this -"SD day of JaiA.30, , 2020,
by and between the City of McCall (hereafter "City"), a municipal corporation of tl* State of
Idaho, and Laidlaw Landscaping Company, LLC (hereafter "Artist"), for the purpose of refining
the final design, fabrication, and installation of artwork (hereafter "the Work") for placement
within the public right of way of 2nd Street between Lake Street and Park Street, McCall, Idaho
(hereafter"2nd Street").
WHEREAS, the McCall Area Comprehensive Plan (2018) includes a goal to "celebrate the
culture of McCall and creativity of residents through public art(pg. 41);" and
WHEREAS, the City has agreed that the Work shall be incorporated into the public space of 2nd
Street as a benefit to the public; and
WHEREAS, the City adopted procedures and policies for public art selection on June 29, 2012;
and
WHEREAS, the reconstruction of 2nd Street completed by the City in 2019 as Phase 1B of the
City's Downtown Core Reconstruction Project includes the opportunity for public art to be
installed within; and
WHEREAS, a selection panel consisting of representatives from the Idaho Commission on the
Arts, McCall Public Art Advisory Committee, McCall Public Library, and the community at-
large selected the Artist through a competitive proposal process; and
WHEREAS, the McCall Public Art Advisory Committee unanimously recommended the Artist
for commission of Work for 2nd Street at its December 23, 2019 meeting; and
WHEREAS, McCall City Council has approved commissioning of the Work by the Artist
pursuant to the McCall Public Art Selection Policy on January 23, 2020.
THEREFORE,the parties hereto agree as follows:
1. THE SITE: For purposes of this Agreement, the Site shall be the public right of way of 2nd
Street bounded by E. Lake Street to the north and Park Street to the south, McCall, Idaho.
2. SCOPE OF SERVICES: Artist shall complete the following scope of services:
a) Prepare and provide, for review and approval by City's Community and Economic
Development Department staff, a plan for community outreach to gain input into
design, scope and theme of the Work; and
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b) In collaboration with the City's Community and Economic Development Department
staff, complete community outreach activities defined by section a) above; and
c) Based upon community outreach, submit not less than three design proposals for the
final Work. The proposals will be exhibited at a public venue and on the City of
McCall Website to gain community input. Based upon this community input, City
Council will be asked to approve the final design and proposed location(s) for the
Work; and
d) If approved, fabricate and install the Work as represented in the conceptual design
approved by City Council (see section c) above). Artist shall work with City's Public
Works, Parks and Recreation, and Community and Economic Development
Department staff to complete any design decisions and may hire necessary sub-
contractors to plan, implement and coordinate the fabrication and installation of the
Work; and
e) Provide and install one title block, constructed of a durable material and not
exceeding 100 square inches in size, stating the name of the artist(s), title of the
Work, year completed, and list of project funders.
3. ARTIST RESPONSIBILITES:
a) In addition to other responsibilities set forth in this Agreement, Artist shall attend
meetings in person or by phone with McCall staff to provide periodic progress reports.
b) Artist shall not assign any of his/her obligations under this Agreement without the
written consent of the City. This provision shall not prevent the Artist from
subcontracting for obligations that do not require the Artist's talents, including, but not
limited to, such obligations as engineering, structural engineering, drawing architectural
renderings or plans for the or the preparation and submittal of operations and
maintenance manual for all works, fabrication or installation.
4. COMPENSATION: The Artist's fee for the scope of work and services contained in this
Agreement is Sixty Thousand and No Hundredths Dollars ($60,000.00). This amount shall
constitute full payment for all services the Artist shall perform, including necessary materials and
fees, as set forth in the Scope of Services and this Agreement. Payments shall be in multiple
installments as follows:
a) One Thousand Dollars ($1,000.00) no later than sixty (60) days from receipt and
approval of a Community Outreach Plan for the project as defined by section 2 a)
above.
b) One Thousand Five Hundred Dollars ($1,500.00) no later than sixty (60) days from
completion of community outreach activities as defined by section 2 b) above and
upon receipt of a summary report.
c) Two Thousand Five Hundred Dollars ($2,500.00) no later than sixty (60) days from
receipt of not less than three (3) design proposals for the final Work as defined by
section 2 c) above.
d) Fifty Thousand Dollars ($50,000.00) in incremental amounts based on cash flow
needs and fabrication milestones as verified with City's project manager, no later than
sixty (60) days from the time the City receives Artist's invoices for fabrication
milestones completed, materials ordered, other sub-contractor fees, project
management fees, and installation of artwork.
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e) The balance of Five Thousand Dollars ($5,000.00) no later than sixty (60) days from
final review and approval by the City confirming that Artist has met all terms and
conditions of the Scope of Services and this Agreement.
5. CITY RESPONSIBILTIES: The City agrees to timely furnish Artist all information, reports,
data, statistics, drawings and information in its possession concerning matters covered by this
Agreement, together with timely access to all facilities, personnel and data necessary to perform
the Work unless such disclosure is prohibited by law.
6. TIME OF PERFORMANCE: Artist shall complete the Scope of Services on or before
August 31, 2021, or on such other date as may be agreed upon between the Parties in writing.
7. APPROVALS: Artist shall allow the City to review the Work's progress as follows:
a) Initial review and approval of the designs and/or working drawings to determine that the
Work is appropriate for the location.
b) Review and approval of design and installation methods shall occur within a reasonable
period prior to the commencement of fabrication or installation, as appropriate.
c) Periodic review, via photographs, and approval as the Work's fabrication progresses.
d) City shall review and approve or disapprove the Work within seven (7) days of final
completion. If, during the approval reviews, City concludes that the Work does not
conform to the designs as previously approved, or as mutually agreed by the Parties in
writing, the City shall provide Artist with a notice in writing of specific non-conformity
and request Artist to address and cure the specific non-conformity within two weeks of
the reviews. Artist shall have thirty (30) days within which to address, cure, and correct
any non-conformity. If, after resubmission, the Work still does not conform, this
Agreement shall be subject to immediate termination for cause. Failure by the City to
disapprove in writing in a timely fashion shall be presumed to be approval of the Work.
8. PROJECT CLOSE-OUT:
a) Upon installation of the Work and prior to final approval or disapproval, Artist shall
furnish the City a full release and lien waiver, together with such releases and waivers
from any subcontractor who furnished goods for or performed services for the Work in
any way. Artist shall comply with all applicable federal, state and local laws, statutes,
rules, regulations and/or ordinances.
b) Artist shall also submit a conservation/maintenance plan to the City including specific
recommendations for on-going maintenance and repairs, as well as slides and/or photo
and written documentation of fabrication and installation of the Work, such as to assist in
future maintenance, repair, and public education.
9. REPAIRS, MAINTENANCE, OR ALTERATIONS:
a) Artist is responsible for all parts and workmanship of the Work for a period of one (1)
year after acceptance of the Work, and shall replace any defective parts or rework any
defective craftsmanship in a timely fashion at no cost except as provided in Section 9b)
and 9c)of this Agreement.
b) Artist shall not be responsible for and shall not be held liable for any damage beyond the
control of Artist to the Work, its surfaces, or environment caused by personnel of the City
or its visitors, or others.
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.
a
c) Artist shall not be responsible for and shall not be held liable for any damages to the
f
Work by extremely adverse weather conditions, acts of God, vandalism, or other acts
abnormal to the site.
d) Artist shall provide the City with written instructions for the appropriate maintenance and
preservation of the Work as required by 8 b. above.
e) The City may provide basic maintenance, restoration and repairs as it deems necessary.
City shall be responsible and pay for repairs following expiration of the one-year
warranty period.
f) Whenever practical and as funding becomes available, Artist shall be given an
opportunity to perform and/or act as consultant for the repair or restoration for which
Artist shall receive reasonable compensation. In the event that the Work is damaged or
destroyed, the City may, in its sole discretion, relocate, repair, or restore the Work subject
to receipt of any insurance proceeds and availability of sufficient funds. City reserves the
right to determine, after consultation with an independent, professional art conservator, if,
when and how any repair and restoration to the Work can be made, and the nature, scope
and anticipated cost of any such repair or restoration. City reserves the right to contract
with a conservator, rather than Artist, to implement any such repairs or restoration.
g) For purposes of this Agreement, no modification of the artwork that results from the
passage of time or the inherent nature of the materials used in the Work shall constitute a
modification. In addition, no modification of the Work that is the result of conservation
or of its public presentation (including but not limited to lighting and placement) shall
constitute a modification that is prejudicial to the Artist's honor or reputation or for
which Artist may claim relief or any remedy from City unless such modification is the
direct result of gross negligence by City.
h) The action of the City in the exercise of its governmental powers (including but not
limited to the issuing of any permit for the redevelopment of land or any structure thereon
other than action by the City on the specific site of the Work) shall not constitute a
modification of the artwork for which Artist may claim damages or any other form of
relief from the City.
i) By executing this Agreement, Artist consents to the installation of the Work in or around
the site specified in this Agreement. Artist acknowledges that such installation may
subject the Work to destruction, distortion, mutilation or other modification by reason of
its removal from that location.
j) If a modification of the Work occurs, Artist may give written notice to City requesting
that his/her name and the artwork be dis-associated, the Work shall not longer be
designated as the Artist's Work.
10. WARRANTY: Upon final acceptance of the completed Work by the City, Artist warrants
that the Work shall be free from defects in materials and workmanship, including inherent vice.
Artist, for a period of one (1) year after acceptance by the City, shall correct any such defects at
Artist's expense. "Inherent vice" refers to a quality within the material or materials which
comprise the Work which, either alone or in combination with other materials used in the Work
or reacting to the environment, results in the tendency of the Work to destroy itself. Upon
written notification of a defect in materials or workmanship, Artist shall have sixty (60) days to
commence repairs and shall conclude the repairs within a reasonable time thereafter.
11. RELOCATION AND/OR REMOVAL OF ARTWORK:
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a) The City reserves the right to manage its buildings, facilities and public sites for public
purposes, and in doing so, may determine that it is necessary to relocate or remove the
Work and/or modify the site in/on which it is located. The City shall not relocate or
remove the Work and/or substantially modify the site in/on which it is located without
attempting to notify Artist of the proposed change and attempting to reach agreement
with Artist regarding the future appearance or location of the Work. Except that the City
may authorize the temporary relocation or temporary removal of the Work without the
Artist's prior permission. For the purpose of this section temporary shall mean to be for a
period less than 90 days.
b) If the City determines that the Work should be permanently removed or, though, decay,
vandalism or other forces,the Work has lost its integrity, the City shall first make a good-
faith effort to contact the Artist and offer the Work to the Artist at the Artist's cost to
collect and remove the Work within six(6) months from the date of notification.
12. OWNERSHIP: Artist warrants that, unless otherwise stipulated, the Work is original, in that
the Work owes its creation or origin to Artist, and is not the product of copying another's work in
any manner. Furthermore, Artist warrants and represents he has not previously published the
Work which is transferred by, and the subject of this Agreement and that Artist is the sole owner
of all rights therein. Upon final approval and acceptance of Work, delivery and installation, and
final payment, City shall own the Work. Artist hereby expressly waives any right, title or
interest in the Work. Artist understands that said waiver includes waivers of the exclusive rights
of adaptation, publication and display.
13. COPYRIGHT RETENTION:
a) Artist has retained all rights under the Copyright Act of 1976. 17 U.S.C. § 101 et seq., as
the sole author of the Work for the duration of the copyright.
b) Artist grants to the City and its assigns an irrevocable license to make two-dimensional
reproductions of the Work, including, but not limited to, reproductions used on web sites,
in brochures, media publicity and exhibition catalogues or other similar publications.
Artist also consents to the use, at City's discretion, of Artist's full name and Artist's own
identifying photograph in any publicity or promotional materials produced for the Work,
whether printed or electronic. Such consent includes placement of these items on any
web site the City maintains. City has the right to reproduce images of the Work for
educational or promotional uses only.
c) The City is not responsible to prevent third party infringement of the Artist's copyright
and not responsible for enforcement of, or protecting, the intellectual property rights of
the Artist.
14. WAIVERS AND RELINQUISHMENTS OF RIGHTS: Artist agrees to relinquish all
rights, title, and interest to the Work created for the Project and, hereby expressly waives any
rights Artist has to such artwork including, but not limited to, the rights afforded artists under the
Visual Rights Act of 1990, Title 17 U.S.C. Sections 101, et seq. Artist understands and agrees
that the right of integrity, but not of attribution, as specifically set forth in 17 U.S.C. Section
106A, is hereby expressly waived except as otherwise provided herein. If at any time following
final approval, the City chooses to move the Work, City shall make reasonable attempts to
contact and to notify Artist regarding the City's plans; provided, however, Artist shall have no
right to override or veto the City's plans and Artist hereby waives their right to file a claim or
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demand of any type against the City based upon any future decision regarding the placement of
the Work, including those granted pursuant to the Copyright Act of 1976 and the Visual Rights
Act of 1990. To the extent that the provisions of this Agreement differ from the Copyright Act of
1976 and Visual Rights Act of 1990, the provisions of this Agreement shall govern and Artist
expressly waives any such differences in the rights and duties.
15. ARTIST'S INSURANCE:
a) The Artist shall procure and maintain at his/her expense during the contract period the
following insurance coverage from an insurance company or companies possessing a
financial strength rating of at least A- and a financial size category of VII or higher from
A.M. Best or an equivalent rating service:
i. Commercial General Liability Insurance: Limit will not be less than $500,000.00
or the minimum amount as specified in the Idaho Tort Claims Act set forth in
Title 6, Chapter 9 of the Idaho Code, whichever is higher. Coverage shall include,
but not be limited to, bodily injury and property damage to third parties,
contractual liability, products-completed operations, personal injury and
advertising injury liability ($500,000.00 limit).
ii. Commercial [Business] Automobile Liability: Limit will not be less than
$500,000.00 per occurrence for owned, non-owned and hired vehicles. Where
applicable, the City shall be named as an additional insured on the commercial
automobile liability.
iii. Workers Compensation and Employers Liability: Artist shall have and maintain
during the life of this contract, statutory workers compensation, regardless of the
number of employees (including himself/herself) to be engaged in work on the
project under this agreement in the statutory limits as required by law and
employers liability with a limit of no less than $500,000.00 for bodily injury by
accident or disease. In case any such work is sublet, the Artist shall require the
subcontractor provide workers compensation insurance for himself/herself and
any/all the subcontractor's employees engaged in such work. Artist shall provide
proof of insurance to the City prior to the start of work.
b) The Artist hereby grants to the City a waiver of any right to subrogation which any
insurer of said Artist may acquire against the City by virtue of the payment of any loss
under such insurance. Artist agrees to obtain any endorsement that may be necessary to
affect this waiver of subrogation, but this provision applies regardless of whether or not
the City has received a waiver of subrogation endorsement from the insurer. All of
Artist's policies shall be primary and Artist agrees that any insurance maintained by the
City shall be non-contributing with respect to the Artist's insurance. Artist shall advise
the City of any cancellation, non-renewal, or material change in any policy within five
business days of notification of such action.
c) By requiring Artist to maintain insurance with the City named as an additional insured,
herein, the City does not agree that such coverage and limits will necessarily be adequate
to protect Artist or such coverage and limits are a limitation on Artist's liability under the
indemnities granted to the City in this Agreement. The Artist may use commercial
umbrella/excess liability insurance so that Artist has the flexibility to select the best
combination of primary and excess limits to meet the total insurance limits required by
this Agreement. If the Artist maintains higher limits than the minimum shown above, the
City requires and shall be entitled to coverage for the higher limits maintained. Any
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deductibles or self-insured retentions must be declared to and approved by the City. The
City may require the Artist to purchase coverage with a lower deductible or retention or
provide proof of ability to pay losses and related investigations, claim administration, and
defense expenses within the retention. The City reserves the right at any time throughout
the term of the Agreement to adjust the aforementioned insurance requirements, if, in
City's reasonable judgment, the insurance required by the Agreement is deemed
inadequate to properly protect the City's interest. The City reserves the right to modify
portions of the insurance requirements for the apparent successful bidder or for good
cause.
d) The failure of the City at any time to enforce the insurance provisions, to demand such
certificate or other evidence of full compliance with the insurance requirements, or to
identify a deficiency from evidence that is provided shall not constitute a waiver of those
provisions nor in any respect reduce the obligations of the Artist to maintain such
insurance or to defend and hold City harmless with respect to any items of injury or
damage covered by this Agreement.
e) The Artist shall provide the City Clerk with a valid certificate of insurance and
amendatory endorsements or copies of the applicable policy language affecting coverage,
in advance of the performance of any work and as soon as possible after renewal,
exhibiting coverage as required by the City's contract terms and conditions. Failure to
obtain the required documents prior to the work beginning shall not waive the Artist's
obligation to provide them. The City reserves the right to require complete, certified
copies of all required insurance policies, including endorsements required by these
specifications, at any time. The Artist shall be responsible for ensuring that all
Subcontractors independently carry insurance appropriate to cover each Subcontractors'
exposures or that all such liabilities are covered under the Artist's policies. The
Certificate of Insurance shall be provided on the industry standard form (ACORD 25) or
other form acceptable to the City. Certificates of insurance shall be issued to:
City of McCall
216 E. Park St.
McCall, ID 83638
16. CITY'S INSURANCE: Upon final completions of the Work, and acceptance of the Work,
City shall obtain property insurance for the Work which may be included in the City of McCall
insurance program.
17. INDEMNIFICATION: Artist shall indemnify and save and hold harmless the City, its
elected officials, officers, employees, agents, and volunteers, from and for any and all liability,
losses, claims, actions,judgments for damages, or injury to persons or property and losses and
expenses, including reasonable attorney fees, arising from all acts or omissions to act of Artist or
its servants, officers, agents employees, guests, and business invitees in rendering services under
this contract or otherwise caused or incurred by Artist, its servants, officers, agents employees,
guests, and business invitees, and not caused by or arising out of the tortious conduct of the City
or its employees. The limits of insurance will not be deemed a limitation of the covenants to
indemnify and save and hold harmless the City, its elected officials, officers, employees, agents,
and volunteers. If the City becomes liable for an amount in excess of the Artist's insurance
limits, Artist covenants and agrees to indemnify and save and hold harmless the City, its elected
officials, officers, employees, agents, and volunteers, from and for any and all liability, losses,
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claims, actions,judgments for damages, or injury to persons or property and losses and expenses,
including reasonable attorney fees, to the extent permitted by law.
18. NONDISCRIMINATION:
a) In the performance of this Agreement, Artist and any sub-contractors agree not to
discriminate in their employment practices against any employee, contractor, sub-
contractor or applicant for employment because of the employee's or applicant's race,
religion, national origin, ancestry, sex, age, physical handicap or sexual orientation and/or
gender identity/expression.
b) Artist also agrees to comply with all provisions of Idaho law relative to labor, and all
other applicable federal, state, and/or local statutes, ordinances, and regulations relative
to employment, wages, and hours of labor.
19. INDEPENDENT ARTIST: The parties intend that this Agreement create only an
independent contractor relationship and that Artist is not an employee, agent, joint venturer or
partner of the City. Nothing in this Agreement shall be interpreted or construed as creating or
establishing the relationship of employer and employee between Artist and the City or between
Artist and any official, agent or employee of the City. Both parties acknowledge that Artist is
not an employee of the City. Artist shall retain the right to perform services for others during the
term of this Agreement.
20. ENTIRE AGREEMENT: This is the entire agreement of the parties and can only be
modified or amended in writing by the parties.
21. SEVERABILITY: If any provision of this Agreement or application thereof is held invalid,
such invalidity will not affect other provisions or applications of this Agreement which can be
given effect without the invalid provision or application, and to that end, the provisions hereof
are declared to be severable.
22. AGREEMENT MADE IN IDAHO: The laws of the State of Idaho shall govern the
validity, interpretation, performance and enforcement of this Agreement.
23. DISPUTE RESOLUTION. All disputes arising out of this Agreement shall first be subject
to good faith negotiations between the parties. If such negotiations are unsuccessful, either party
may notify the other and work in good faith to select a mutually acceptable mediator within
thirty (30) days after notice. If after good faith effort the parties are unable to agree to a mutually
acceptable mediator or if mediation is not scheduled within 120 days from the date of notice, or
if the mediation is not successful in resolving the entire dispute, any outstanding issues may be
resolved by litigation. in a court in Valley County in the State of Idaho. The costs of mediation
shall be borne equally by the parties.
24. ATTORNEY FEES: If action is brought to enforce the terms or provisions of this
Agreement, or to enforce forfeiture for default, or to collect damages for breach, the prevailing
party in such action shall be entitled to recover from the non-prevailing party reasonable attorney
fees together with costs authorized by law.
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25. TERMINATION FOR CAUSE: If either party willfully or negligently fails to fulfill its
obligations under this Agreement, the other party shall have the right to terminate the
Agreement, the other party shall have the right to terminate the agreement by giving written
notice to the defaulting party of its intent to terminate and specify the grounds for termination.
The defaulting party shall have thirty (30) days after receipt of the notice to cure the default. If
the defaulting party does not cure the default this Agreement shall terminate. In the event of
termination for non-performance by City of McCall it shall compensate the Artist for all phases
of the Scope of Services the Artist has successfully completed and any additional services and
materials performed or supplied prior to termination; provided however, that such payment shall
be limited to the amount of compensation set forth herein. In the event of default by the Artist,
except that caused by the death or incapacity of the Artist, all finished and unfinished drawings,
photographs, and other Work products prepared and submitted or prepared for submission under
this agreement shall, at City's option, become its property. The shall not relieve the Artist of any
liability for damages sustained by virtue of the Artist's breach or default of this Agreement and
City may reasonably withhold payments due until the exact amount of damages due City of
McCall from Artist is determined.
26. TERMINATION FOR CONVENIENCE OF CITY: City may terminate this Agreement
for any reason at any time by giving at least fifteen (15) days' notice in writing to Artist. If the
Agreement is terminated by City as provided herein, City shall compensate Artist for all phases
of the Scope of Services Artist has completed to date of written notice of termination and any
additional services and materials performed or supplied prior to termination, less payments of
compensation the City has previously made, not to exceed the amount set forth in Section 4. If
payments the City has previously made exceed the amount of compensation due hereunder,
Artist shall immediately refund the unearned balance to City. If the City terminates this
Agreement due to the fault of Artist, Section 25 hereof relative to termination shall apply.
27. FORCE MAJEURE: Neither Artist nor City shall be considered in default in the
performance of its obligations hereunder to the extent that performance of such obligations are
delayed, hindered, or prevented by force majeure. Force majeure shall be any cause beyond the
control of the parties hereto which they could not reasonably have foreseen and guarded against.
Force majeure shall include, without limitation, acts of God, strikes, lockouts, fires, riots, civil
commotion or civil unrest, incendiarism, interference by civil or military authorities, compliance
with the regulations or orders of any governmental authorities which were not in effect at the
time of the execution of this Agreement, and acts of war(declared or undeclared).
28. PARTY REPRESENTATIVES: For purposes of this Agreement the following persons or
their designees shall act as party representatives:
City of McCall: Delta James, Economic Development Planner, or her designee
Artist: James Laidlaw and Erica Laidlaw
29. SUCCESSORS AND ASSIGNS: All of the terms, provisions, covenants and conditions of
this Agreement shall inure to the benefit of and be binding upon each party and their successors,
assigns, legal representatives, heirs, executors and administrators.
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30. NOTICES: Written notices to the Parties shall be given by registered or certified mail,
postage prepaid, and addressed to said parties at the addresses below, unless otherwise
designated by written notice to the other parties:
City of McCall "Artist .*
216 E. Park St. Laidlaw Landscaping Co.
McCall, ID 83638 291 Alta Vista Dr.
McCall, ID 83638
All such notices, except as otherwise provided, may either be delivered personally
deposited in the United States mail, properly addressed with postage fully prepaid by certified or
registered mail, return receipt requested, and shall be effective five (5) days after deposit in the
mail.
IN WITNESS WHEREOF, the Artist and McCall do execute this Agreement the day and
year first above written.
ARTIST:
'"?
By:
James (Jaime) Laidlaw, Laidlaw Landscaping Company LLC
(dba Laidlaw Design Company LLC)
By:
Erica Laidlaw, Laidlaw Landscaping Company LLC
(dba Laidlaw Design Company LLC)
STATE OF IDAHO )
: ss:
County of Valley )
On this ' day of , 2020, before me, the undersigned Notary
Public, in and for said State, personally appeare JAMES LAIDLAW AND ERICA LAIDLAW,
known to me to be ARTIST, who executed the within instrument, and acknowledged to me that ='
such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed official seal the
day and year in this certificate first above written.
SARAH EDSON
NOTARY PUBLIC-STATE OF IDAHO
COMMISSION NUMBER 20200108
(SEAL) MY COMMISSION EXPIRES 1-10-2026 Notary Public for Idaho
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CITY OF McCALL, IDAHO:
_ Moe"
I* 45,4.
Robert S. Giles, Mayor
ATTEST: O
n
'I'�.•t *
t. 110 Via`
,II ID ��
�ffflII1111N1 ,
4
BessieJo Wagner, City Clerk/
STATE OF IDAHO )
: ss:
County of Valley )
On this 'N1 day of 00,7• t , 2020, before me, the undersigned Notary
Public, in and for said State, personally (appeared ROBERT S. GILES and BESSIEJO
WAGNER, known to me to be the Mayor and City Clerk of the City of McCall, a municipal
corporation of the State of Idaho, who executed the within instrument, and acknowledged to me
that such city executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
RI♦ Pr
SARAH EDSON
NOTARY PUBUC-STATE OF IDAHO
COMMISSION NUMBER 20200108 Public for Idaho
(SEAL) MY COMMISSION EXPIRES 1-10-2026 No ary
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FULL UNCONDITIONAL LIEN WAIVER
AND RELEASE
NOW THEREFORE BE IT KNOWN, the undersigned certifies that s/he or they have been paid in full and have received
payment in the sum of$60,000.00 for labor, services, equipment, and/or material furnished to The City Of McCall for the
job of 2nd st. public art piece: "our confluence" at the worksite located at N 2nd St, McCall, Idaho 83638. Laidlaw Design Co.
does hereby release any mechanic's lien, stop notice, or bond right that the undersigned has on the above referenced job to
the following extent.
The undersigned warrants that s/he or they have already paid or shall ensure that monies received from the payment(s) will
pay in full all the contract laborers, subcontractors, materialmen,and suppliers for all work, materials, equipment, and services
provided and change orders, if any,for the above referenced project up to the date of this waiver.
In addition, the undersigned certifies that all appropriate sales taxes to the State of Idaho have been paid on all materials,
labor,and installation.
The individual signing this lien waiver on behalf of the undersigned hereby warrants that s/he has full authority to execute this
lien waiver.
ai azure Lien Cla`mant Authorized Representative) (Date Signed)
Laidlaw Design Co.
291 Alta Vista Dr
McCall, Idaho 83638
208-630-4504
jamie@laidlawdesignco.com&erica@laidlawdesignco.com
STATE OF IDAHO )
COUNTY OF VALLEY )
BE IT KNOWN,that on this -�O day of LC4 , 20,91 before me, a Notary Public in and for the
aforementioned County and State, personally appeared L idlaw Design Co., who acknowledged that s/he did execute the
foregoing instrument and that such execution has been done by his/her free and voluntary act and deed for the uses and
purposes described herein.
IN WITNESS THEREOF, have hereunto set my hand and seal.
10 WAGNER
(Notary Public Sig ure) COMM NO.5p467
NOTARY PUBLIC
d a ( STATE OF IDAHO
(Dat Signed MY C0 1N8SION EXPIRES:JULY, 20Y6
My Commissions Expires: / (p
FULL UNCONDITIONAL LIEN WAIVER
AND RELEASE
NOW THEREFORE BE IT KNOWN, the undersigned certifies that s/he or they have been paid in full and have received
payment in the sum of$60,000.00 for labor, services, equipment, and/or material furnished to The City Of McCall for the
job of 2nd St. public art piece: "our confluence" at the worksite located at N 2nd St, McCall, Idaho 83638. Laidlaw Design Co.
does hereby release any mechanic's lien, stop notice, or bond right that the undersigned has on the above referenced job to
the following extent.
The undersigned warrants that s/he or they have already paid or shall ensure that monies received from the payment(s) will
pay in full all the contract laborers, subcontractors, materialmen,and suppliers for all work, materials, equipment, and services
provided and change orders, if any,for the above referenced project up to the date of this waiver.
z In addition, the undersigned certifies that all appropriate sales taxes to the State of Idaho have been paid on all materials,
labor, and installation.
The individual signing this lien waiver on behalf of the undersigned hereby warrants that s/he has full authority to execute this
lien waiver.
SiIpature Lien Clamant Authorized Representative) (Date Signed)
J�v��1 �c_1c lci
Laidlaw Design Co.
291 Alta Vista Dr
McCall, Idaho 83638
208-630-4504
jamie@laidlawdesignco.com&erica@laidlawdesignco.com
STATE OF IDAHO )
COUNTY OF VALLEY )
BE IT KNOWN,that on this �0 day of Lt4 , 20 cl I before me, a Notary Public in and for the
aforementioned County and State, personally appeared L idlaw Design Co., who acknowledged that s/he did execute the
foregoing instrument and that such execution has been done by his/her free and voluntary act and deed for the uses and
purposes described herein.
IN WITN"THEREOF, ereunto set my hand and seal.
BESSIEJO WAGNER
467
(Notary PLAU 4 1 't�
u NOTARY NO.
STATE OF IDAHO
MY caMMlss�on� R� .►u<Y ,
(DatLf,Signed /
My Commissions Expires: