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HomeMy Public PortalAbout2018.01.25 Madacsi Studios - Artwork Commission AgreementARTWORK COMMISSION AGREEMENT By and between THE CITY OF MCCALL And MADACSI STUDIOS, LLC THIS AGREEMENT is made and entered into this 25 day of January, 2018, by and between the City of McCall (hereafter "City"), a municipal corporation of the State of Idaho, and Madacsi Studios, LLC (hereafter "Artist"), for the purpose of refining the final design, fabrication, and installation of artwork (hereafter "the Work") for placement on the bridge spanning the outlet of the North Fork Payette River on W. Lake Street, McCall, Idaho (hereafter "Lardo Bridge"). WHEREAS, the McCall Area Comprehensive Plan (2007) includes a vision that "McCall's art community and cultural assets thrive and are nationally recognized (pg. 12);" and WHEREAS, the City has agreed that the Work shall be incorporated into the public space of Lardo Bridge 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 Lardo Bridge completed by the Idaho Transportation Department in 2015 includes the opportunity for public art to be installed on up to six (6) concrete pedestals; and WHEREAS, a selection panel consisting of representatives from the McCall Rotary Club, Idaho Transportation Department, McCall Public Art Advisory Committee, and the community at -large selected the Artist through a competitive proposal process that included public input; and WHEREAS, the McCall Public Art Advisory Committee unanimously recommended the Artist for commission of Work for Lardo Bridge at its December 6, 2017 meeting; and i WHEREAS, McCall City Council has approved commissioning of the Work by the Artist pursuant to the McCall Public Art Selection Policy on January 25, 2018. THEREFORE, the parties hereto agree as follows: 1. THE SITE: For purposes of this Agreement, the Site shall be concrete pedestal locations, two on the south side and four on the north side, of Lardo Bridge, which spans the North Fork Payette River on W. Lake St., McCall, Idaho (Exhibit A). 2. SCOPE OF SERVICES: Artist shall complete the following scope of services: a) In collaboration with the McCall Arts and Humanities Council, provide at least one public opportunity for the local community to provide input into the design of the Work; and Artwork Commission Agreement - Madacsi Page 1 of 11 1/25/2018 b) Based upon community outreach, submit not less than two design proposals for the final Work. The proposals will be exhibited at a public venue and on the City of McCall Web site to gain community input. Based upon this community input, City Council will approve the final design for the Work; and c) The final design shall be reviewed and approved by Idaho Transportation Department to ensure the Work, once installed, will not compromise the structural integrity of Lardo Bridge or the safety of its users; and d) Fabricate and install the Work as represented in the approved conceptual design approved by City Council (see sections b) and c) above). Artist shall work with McCall's Community 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. 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 his/her artistic 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 Fifty Thousand and No Hundredths Dollars ($50,000.00)'. 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) Five Thousand Dollars ($5,000.00) no later than sixty (60) days from the Effective Date of this Agreement to provide for travel, lodging and materials needed to conduct community outreach and prepare design proposals. Artist to first provide invoices or confirmed orders for the materials, supplies and/or design fees to be paid out of this initial payment. b) Forty Thousand Dollars ($40,000.00) in incremental amounts based on cash flow needs 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. c) 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 Artwork Commission Agreement - Madacsi Page 2 of 11 1/25/2018 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 September 30, 2019, 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, as determined by the approved designs depicted on Exhibit B. 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 oods 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. c) Artist shall not be responsible for and shall not be held liable for any damages to the 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 prequired by 8 b. above. Artwork Commission Agreement - Madacsi Page 3 of 11 1/25/2018 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 perfoiiii 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 actionof 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: 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 Artwork Commission Agreement - Madacsi Page 4 of 11 1/25/2018 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 detelinines 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 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. Artwork Commission Agreement - Madacsi Page 5 of 11 1/25/2018 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: a. 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). b. 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. c. 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. A11 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 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 Artwork Commission Agreement - Madacsi Page 6 of 11 1/25/2018 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, 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 - Artwork Commission Agreement - Madacsi Page 7 of 11 1/25/2018 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. A11 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. 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 Artwork Commission Agreement - Madacsi Page 8 of 11 1/25/2018 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. FORCEMAJEURE: 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: Susan Madacsi 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. 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. Madacsi Studios, LLC McCall, ID 83638 2313 N. Raymond St. Boise, Idaho 83704 Artwork Commission Agreement - Madacsi Page 9 of 11 1/25/2018 A11 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 25th day of January, 2018. CITY OF McCALL, IDAHO: ATTEST: BessieJo W gner, City erk STATE OF IDAHO ) ss: County of Valley ) On this day of , 2018, before me, the undersigned Notary Public, in and for said State, personally appeared JA IE J. AYMON 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. Notary Publ c fdrildaho Commission Expires: (6(71?i Residing at: McCall, Idaho Artwork Commission Agreement - Madacsi Page 10 of 11 1/25/2018 Public Art Pedestal �Y . 0 Public Art Pedestal ®colored concrete bands at overlook columns 2' wide, colored concrete wave pattern to be 1' wide, color to "charcoal" Lardo Bridge Public Art Pedestal Qboard form concrete pier or monument to support art Public Art Pedestal ® LED stainless steel sidewalk light fixture for pedestrian walk • Public Art Pedestal Public Art Pedestal street lights on either side of street on both ends of bridge, painted aluminum post and fixture or as indicated in images above selected by City; lights to be installed facing sidewalk and street ARTIS Susan Madacsi, Madacsi to STATE OF kW 119 : ss: County of�, On this I day of , 2018, before me, the undersigned Notary Public, in and for said State, personally appeared SUSN MADACSI, 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 my official seal the day and year in this certificate first above written. (SEAL) ASHNot ry PubIWELL State of Idaho mu( Notary Public for`fdaho Commission Expires: OS 2Dt°i Residing at: V;DMj , Idaho Artwork Commission Agreement - Madacsi Page 11 of 11 1/25/2018 A� & CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 9/11/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 'RODUCER Westem Community Ins Co PO Box 4848 Pocatello, ID 83205-4848 CONTANAME: ZEMA I T I S PH I L MKB fANC No. E ): 208-938-2276 FAX No): 208-232-3608 Ed11A1L commcerts@idfbins.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Westem Community Ins Co 39519 NSURED iIIIIIIIIIIIIIII111"IIIIIIIIIiIIIIIIIIIIIII'lllllll MADACSI STUDIOS LLC 611 E 44TH ST STE 3 & 4 GARDEN CITY ID 83714 INSURER B : INSURER C: INSURER D: INSURER E: INSURER F : OVERAGES CERTIFICATE NUMBER: REVISION NUMBER: AF0418 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION_ OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS _ CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .TR TYPE OF INSURANCE 1N R Sip POLICY NUMBER NMIDDIIYYYY) (MMIIDD/YTY) LIMITS A GENERAL X UABIUTY COMMERCIAL GENERAL UABIUTY N N 8N 254101 1 O/W 17 10/04/ 18 EACH OCCURRENCE $ 1,000,000 $ 100,000 $ 5,000 DAMAGERENTED PREMISESS ( (Ea occurrence) CLAIMS -MADE X OCCUR MED EXP (Any one person) PERSONAL 8 ADV INJURY $ 1,000,000 $ . 2,000,000 $ 2,000,000 $ GENERAL AGGREGATE GEN'L AGGREGATE A POLICY I LIMIT APPLIES JE T PER: LOC PRODUCTS - COMP/OP AGG AUTOMOBILE UABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA UAB EXCESS UAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' UABIL TY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN N / A WC STATU- TORY LIMITS OTH- ER E.L EACH ACCIDENT $ E.L DISEASE - EA EMPLOYEE $ E.L DISEASE- POLICY LIMIT $ )ESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule it more space Is required) ;ERTIFICATE HOLDER CANCELLATION IIIIII.11. 1141h. O IIIIIIII'lllllllllllll� SAINT ALPHONSUS REGIONAL MEDICAL CENTER 1055 N CURTIS RD BOISE ID 83706 i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE MATH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 4CORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD