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Home My Public Portal About2018.03.14 Memorandum of Agreement for Bridge Art MEMORANDUM OF AGREEMENT Between THE IDAHO TRANSPORTATION DEPARTMENT And THE CITY OF McCALL FOR BRIDGE ART PURPOSE Idaho Transportation Department (hereinafter referred to "ITD" or "the State") and the City of McCall(hereinafter referred to as "the City") (hereinafter collectively referred to as "the Parties") desire to install artwork on four (4) pedestals and nine (9) rail sections of the Lardo Bridge and specify the terms and conditions under which such artwork installation will be performed and maintained. AUTHORITY Authority for this Memorandum of Understanding is established by Sections 40-317(4), 67-2326 through 67-2333 of the Idaho Code. RESPONSIBILITY AND PROCEDURES This Memorandum of Agreement is entered in accordance Cooperative Agreement for Improvements and Maintenance of the SH-55 North Fork Payette River Bridge ITD Project No. A013(392) Project No. A013(392) (Project No. 6230), on State Highway 55, in McCall, Idaho,at Mile Post 145 regarding the construction of the Lardo Bridge. During the bridge design process, locations on the Lardo Bridge were prepped and approved for artwork by ITD. The parties agree ITD constructed, owns and maintains the Lardo Bridge. Furthermore, the Parties agree that the City can commission artwork for, and ITD will allow the installation of such artwork on,the four(4)pedestals and nine(9)rail sections of the Lardo Bridge upon the following terms and conditions: SECTION I. The City shall: I. Commission the artwork to be placed on the Lando Bridge by agreement between the City and the artist. The price of and payment for such artwork, its funding, all costs for the design, installation,and maintenance shall be between the City and the artist. All artwork funded, constructed, and installed by the City shall remain the City's property. AGREEMENT FOR BRIDGE.ART- I oved from the Lardo Bridge be rem Intention to b the City may in writing of its to rnissioned Y shall notlfY CCD (30) days P ° the be ity 2 Any �workadecoms discretion.liardo Brldgc at least tanyydamage which might e by the City work from the City agrees that any Bridge wrh be repaired remove any art such removal. Y from the Lardo em of any work ecifications. commence b the removal of any art .'th ITD sP of anY occasioned by and m accordance w and maintenance state at City's exP the design, constcuNLOh all applicable federate and ensure that Crty standards Bridge is In accordancencluding documents to Be resp°nsible t° Lardo regulations, construction constNetion of any 3' artwork installed°n rules and plans or related local statutes, bmit all P installation, ahe State. and City sha that the design, Specifications. The eels the standards established Y "elusive ITD for State Btr dgem ill impede tTD' Lardo s on Lardo do Bridge w or imPrpye ents a sees that no ado Bridge,met I Stutz-reQuiredymainagne the City will remove installed Laz 4. on the request of 1'CD,it will Should an of from Lardo B for y state- loll future. es,up an Bridge in removal of zny City acknowledg coin Lardo Bridgthat such state- do Bridge theat City expense. artwork acknowledges such such artw da s remove anY City from re.installing or improvements. t City 5 business Y may Preven within rovement required maintenance required maintenance °r j1°p located or otherwise' Lardo Bridge. artwork as originallywork installed on Be responsible for maintaining all art 5. work to ITD shall: or interest in the art SECTION IL.The State title, work includingt e Property right, ed art Not gain or vest any P Oval of decommission l necessary with the C.'ty m regards to rem of traffic control as tans or Work ordination Of all P 2. ermlt and co 30) days of receipt issuance of a p thirty acceptance of Plans. written notice from t City of City documents from the 3. provider h�structum related Manager at 20s 334 9300. agree as follows'. at 208 634 oth Parties ag .'strict Three Engineer .'rector SECTIOK W.B Development D shall be the D unity the City shall be the Comm l. The contact for lTD of SUCK The contact for de os. . a copy iven by P certified, realm 5229. of default,shall be g istered or notice ostage pC°paid and registered address: United States mail, P at the following pll notices,includ.'ng an uesu unite the respective parties hereto notice in the receipt o"I AGREhMRN9 FOR BRIDGE ART-2 ITp. �is47ct Thr En p'U Bog g0� ineer Ma City oise, ID 837p, na e 2p28 Cit Clerk Q East Park S�a(I Ci[ Hall eet Copy to: Call Idaho 8363g McCall Cit Act°Call Cit ana er 216 East all McCall Nark Street 0 Party Alb other address ah 8363g notas 2. P f'pailing except agrOtt, fieddesigpated in mail ting the des)gpC�all e Price of nse expressly Provided hermeda`MP(eveered to the Other 3. LIgBIL anon, and mainteYment for suc ein. d as of the dater Codeounintainll 6-92 iabitio, nRANCE. pu Hance shall6e erl,n ep tits funding, all 4. installed on the bridgeluinclude . ou gtseho not less tha t I.S I- i tm m tha tCosed it rtistfor LIMITAT r risk, rhPon 61p�be con S. �tr�to this kjemom associated with�he P In ubl Idaho by law, or asies re of involves bruin, ordum of Unders ing tand- and Each hrand every entity to �deXPende perform°g fun�atutorytor re On lT�and ion of, in this Of the state of Idahosand this enno, of M m0j' in arndu ON eany SLIM s, oflts regrantedo there Nothing ective theirthe ioyy�iifeither party,dnm of Understan United State. is subject to the laws ng the e event of all S. EFFECTIVE er Party interests. Neither Pant shall be aeg�lii�h�la me each pan as exPandin execuelthertt on ofthis Ag ATE'eemhe temp of this Provide indemoifial4oneof en greem 6 METt{�D following thirtY(30)daysnwrit Viand cont. c uun?ence upon full OF T ttCe, until terminated by force unlessfor ally terM' N: This Me �O t� Y term"I'd by eith morandtup of e�IhBT party, er rtYaRerthi Of pa entshallremalu in days written notice . 1 e ef{ectivand the oxanduC Upon m shall bey or delegate Amendments toroval by the Director of 1TD this m AIv1ENDI"IEN ent and written apP or action being file reem of the City. troversY,clai and conditions of t �. mutual as thorury the prevailingP s, sig the event of ane for e the term and exP Wing A'('CpRNEa betweenS. nthe partces Y0 ofaoY prov ll`o°s Costs, thepOf a in ailing Pa { e b1lac Of arisi'e"eje from fees to�tud glees in arded t as a resu t 8. or institute .udgn'en Agreement, co receive who was aw will be entity sonable attocnee that P ent shall be ay will be the visions of this Aerate to invalidate .tncludinga. in;party top The Prev bitranory n ch dete�inaefit. shah no tr.Iai or g1EdTY' In the event a Y b1e,of this Agreem q SEVEed.Illegal orunenforc and ea and agreed that the S Wray be rov iaions understood CIA send) in I m of any an °f the rcrrraminS P TIpN is this teem d the rslatare It Ag on T APPRppRFA cncies, and or the C'dy hey the State Eg mate gUFFlC16N ovexnmen tax 01 t State art�emee ethedhettaislature°f ace g dox bbgate he FederalG 1e 0. as may m t fun shall the City bm en , Construe rt.xar a4Prov iction$om time to tim e F to ap p°ve to suf r *1 i ds take the City as maY e n its sole ludgmor refuses to aPPp ry sn°h terminat}O.raed - this .Is tS of this A'f,eme e�City pegleynjents' effective as P I to COontin,be otherwise The state,ed for the Pardo notice an convenience only be"oun edlatO uP arc used for ent. effect cm o ent this "M Agreement. s used in this A or erpreting Ag under HEADIN be code ed in'oust in ovemed by and constru Gs The h con of the state 1 f. not to rpent shall Wiese to the junsdicno with respect be g and are This Agree ppV ERNtN s j thetate and the in of Idaho in the event of anY d.Isp s of this Agreement sh ti inure of 12� the rts of Ada CpQmy in the co feement. $tl ulabon essorsinin to this Ng rovisions and p assigns and successors gINDrNG BFFECT. The p eunitives 13. to and bind the heirs,Personal repras �n bCha�f Pf arties hereto. this ,4grreemellt the P to exec..<e and Each individual exe�unng lq ENTITY ApTH ptsa yadopred an entity represents and wa¢an�that he or she IS aU�y aU1hOP1Ze} yy�� deliver this Agreement On h0}lalf Of said entity in aCCotdallCe Wlfh organizational documents or agreements and if dpp10PRUtc entity, and that this Agreement Is bindig pppp slid terms. cordA aREEMFNTFORRR/pGpq RT �� 15. COONTERP each of ARTS. This Which shall be Agreement may be ex constitute one and the s hot lain' t meeemed an original, bu[ two Or More ed I6 instrument. both of counterparts, ENTIRE Which together shall underconle standing and MENT. This q re eWrn between trip specificallytsn frePesend n ntParty shallhbe liable ortbou regard to the trans Inner be full Ind nta[io the TDAHO TRANSPORTATI rth herein, anties, covenants and greementshexcept as By ON DEPARTMENT CITY OF MCCALL Its [DA 10 TRANSP B _ OR TRANSPORTATION DEPARTMENT ckie J,q ion aYo�_ i Attest. Cn�36P9jP�p Wagner, ty Cler �(1-L... . ,.y0 <� k g� V g(Sea1) �O gy re �F 3 .y ,ql teting on '"r��puupp�N�r S a ..h j`• 3