2017 10339 Addendum 01 Tracked Changes

1600 Franklin Street Oakland, CA 94612 Request for Proposals (RFP) #2017-10339 D3 Community Art Project 1 AC Transit ...

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1600 Franklin Street Oakland, CA 94612

Request for Proposals (RFP) #2017-10339 D3 Community Art Project

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AC Transit

December 13, 2016

REQUEST FOR PROPOSAL (RFP) RFP #: 2017-10339

Date Requested: 12/13/2016 Proposal Due Date: 1/5/2017 at 1:00pm

AC TRANSIT

Project: D3 Community Art Project

Purchasing Department 1600 Franklin Street, 6th Floor Oakland, CA 94612

Department: Legislative Affairs and Community Relations

Please submit proposals to: Erica Elkington Contracts Specialist 1600 Franklin Street, 6th Floor Oakland, CA 94612

This solicitation is an informal Request for Proposal. It does not commit the District to pay any costs incurred in the preparation or submission of any proposal. Proposals shall be valid for at least thirty (30) days after Proposal Due Date. A.

Key Action Dates

Action Item RFP Available to Proposers Questions from Proposers due Responses to questions provided addendum Proposals due B.

via

Date 12/13/2016 12/27/2016 12/30/2016

Time 8:00am 5:00pm 5:00pm

1/5/2017

1:00pm

Scope of Services

SUMMARY: Alameda - Contra Costa Transit District (the “District”) is issuing this Request for Proposals (RFP) as part of the process for selecting one non-profit organization (501(c)3) for work on a mural at The District’s Division 3 site located at 2016 McDonald Avenue, Richmond, CA. The District significantly scaled back operations at D3 in 2011 and is currently working to rehabilitate the site with an estimated December 2016 reactivation date. As part of the rehabilitation process, the District will commission a public art mural to express the District’s ongoing commitment to the community and commemorate the re-opening of the division.

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The mural will span a limited portion of the D3 wall, located directly behind the Macdonald Avenue and 21st Street bus stop. We require that the commissioned artist use oil or acrylic based paint and anti-graffiti coatings to minimize maintenance demands should the mural be vandalized, and should include a lifespan of a minimum of five (5) years. The recommended mural area is up to a maximum size of 43.5 feet x 12 feet. The District requests a youth organization domiciled within its District borders to design and install a mural to be completed no later than April 3rd, 2017. The first draft and final mural design will be submitted to the District for review and approval by an internal committee. Implementation of the scope of work, in total, will provide the District with:   

Drafts of the proposed mural for internal review Detailed installation timeline Pictures of youth installation and final mural design

DELIVERABLES: The proposer must submit the following deliverables during the contract period and upon completion.   

First draft of the proposed mural for review to be submitted no later than 2/7/17. Final design draft for review to be submitted no later than 3/7/17. Visuals of final mural no later than 3/14/17.

Vendor must provide:      

Adult Visual Arts Coordinator to oversee and lead the youth design team for the mural project 3-to-10 youth to help design and paint the mural Project Plan and Timeline Regular project check-ins A completed mural by 4/3/17 Signed artist waiver for completed mural per the Visual Artists Rights Act (VARA) and California Art Preservation Act (CAPA)

District will provide:     

Key contact person Clear ideas about direction of the project design Access to mural location Regular project check-ins Payment for supplies, Project Coordinator, Youth Stipends, Administrative fees, etc. 3

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 C.

Ongoing maintenance and touch-up if necessary

INSURANCE REQUIREMENTS

It is strongly recommended that proposers confer with their respective insurance carriers and/or brokers to determine in advance of bid submission the availability of insurance, Certificates and Endorsements as prescribed and provided herein. If an apparent successful proposer fails to comply strictly with the insurance requirements, that proposer may be disqualified from award of the contract. Proposers shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages for property, which may arise from or in connection with the performance of the work hereunder by the proposer, proposer’s agents, representatives, employees, or subcontractors. The District reserves the right to alter, amend, increase or otherwise modify the insurance requirements stated herein. For insurance limits required for this contract, please see sample contract beginning on page 7 of this document. D. Proposal Requirements 1.

SUBMITTAL INFORMATION a.

All proposals must be clearly marked as follows: RFP No. 2017-10339 D3 Community Art Project

b.

Proposals may be mailed or hand-delivered. If mailed, proposals should be sent in sufficient time to reach the District’s designated office listed in the RFP at the date and time specified. Proposals not received by the designated time or not delivered to the designated address will not be considered for award.

c.

One (1) hard copy marked “Original” and three (3) copies of written proposals for each envelope listed below.

d.

Each envelope below shall contain one (1) CD or Flash drive containing only the information pertaining to the documentation in the envelope.

e.

The RFP package shall contain two (2) separately sealed envelopes as described below. i.

Envelope #1- (Technical Proposal) will contain all responsive materials, including portfolio, except those relating to proposed billing rates and consultants cost breakdown.

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ii. Envelope #2 – (Services Cost Proposal) will contain only information related to pricing. E.

MINIMUM QUALIFICATIONS

At a minimum, Proposals shall include: 1. A complete description of proposed scope of services. 2. Relevant information regarding: a) Your organization’s past performance with respect to public murals, 

Provide photographs of previous work if applicable.

b) Your organization’s history serving the Richmond community 

Provide organization’s mission statement and history of service in West Contra Costa County.

c) Background experience of the Lead Artist 

Provide artist resume, examples of previous work and three references.

d) Your organization’s capacity to complete the proposed services within the time parameters specified (approximately 10 weeks)  

Must be able to commit contractually to begin work on this project during the month of January 2017. Provide work plan that includes project activities timeline.

3. Total Price for the proposed services (to be included in separate envelope). F.

Weighted Evaluation Criteria - The table below shows the criteria for the District’s evaluation of responsive proposals, and the percentage of total points represented by each specific criteria:

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1 2 3 4 5 5

WEIGHT ASSIGMENT FOR PROPOSALS Weight of Evaluation Criteria Relevant Past Performance producing public art murals Recognized Expertise in youth development programming Professional Qualifications of Lead Artist Evident Capacity of organization to Accomplish the Work in the Required Time Location within District’s Geographic Border Aggregated Cost (Professional Fees + Reimbursable Costs) Total

Weighting 20 20 15 15 10 20 100

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Sample Contract THIS CONTRACT is made and entered into this day of January 2017, by and between the Alameda-Contra Costa Transit District (hereinafter "District"), a special transit district established pursuant to California Public Utilities Code, Section 24501 et seq., and (hereinafter "Contractor"). THE PARTIES HERETO AGREE AS FOLLOWS: 1. PURPOSE/PROJECT DEFINITION/CONTRACT TYPE It is the intent of the District to award a short-term contract to a qualified youth organization to create a mural at the D3 Richmond yard. The District will commission this public art mural to express the District’s ongoing commitment to the community and commemorate the reopening of the division. 2. COMPONENT PARTS This Contract shall consist of the following documents, each of which is on file with the District, and is incorporated into and made a part of this Contract by reference. A. This Contract B. Request for Proposals No. 2017-10339 and any addenda C. Proposal Dated _____________, 2017 3. SCOPE OF WORK/SERVICES Contractor shall furnish the District all services in full accordance with Request for Proposal No. 2017-10339 prepared and issued by the District titled D3 Community Art Project, dated ____________. 4. PERIOD OF PERFORMANCE Services under this Contract shall commence upon execution of the Contract by both parties, and completed by April 3, 2017. The Contractor shall not be held liable for delays resulting from problems of scheduling on the part of the District. 5. CONTRACT PRICE/PAYMENT The District agrees to pay the Contractor in accordance with their submitted proposal with a not-to-exceed (NTE) total contract price of $_______ for services performed in accordance with this contract. The District and the Contractor must mutually agree upon any adjustments in payment. 7

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Invoices for services performed shall be submitted to AC Transit Accounts Payable, P.O. Box 28507, Oakland, California 94604. Payment to the Contractor will be made Net 30 days after receipt of approved invoices. Please reference the Contract Number and Purchase Order Number on all submitted invoices. Failure to do so could delay payment. 6. INSURANCE A.

Minimum Scope of Insurance Coverage shall be least as broad as:

B.

1)

General Liability: Coverage is to be equal to Insurance Services Office Commercial General Liability Occurrence Form CG 0001.

2)

Automotive Liability: Coverage is to be equal to Insurance Services Office Business Auto Form CA 0001 (01/87) covering Automobile Liability, code 1 (any auto).

3)

Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

Minimum Limits of Insurance Contractor shall maintain no less than:

C.

1)

General Liability - $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. If an aggregate limit is used, either a separate aggregate limit shall apply to this project/location or the aggregate limit shall be twice the required occurrence limit.

2)

Automotive Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.

3)

Workers' Compensation insurance as required by the State of California and Employer's Liability limits of $1,000,000 per accident for bodily injury or disease.

Deductible and/or Self-Insured Retention Any deductibles and/or self-insured retention must be declared to and approved by the District. The District reserves the option to require the insurer to reduce or eliminate such deductibles and self-insured retention as to the District, and/or require the Contractor to procure a bond guaranteeing the payment of any 8

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deductible or self-insured retention of losses, related investigations, claims, administration, and defense expenses. D.

Other Insurance Provisions Policies are to contain the following provisions: 1)

General Liability and Automotive Liability policies: a. The District, its directors, its officers, officials, and employees are to be covered as insured as respects: liability arising out of activities performed on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied, or used by the Contractor; and automobiles, owned, leased, hired, or borrowed by the Contractor. Coverage shall contain no special limitation on the scope of protection afforded to the District, its directors, its officers, officials, or employees. b. For any claims related to this Contract, the Contractor’s insurance coverage shall be primary insurance as respects the District, its directors, officers, officials, and employees. Any insurance or selfinsurance maintained by the District, its directors, its officers, officials, or employees shall be in excess of the Contractor’s insurance and shall not contribute with it. c. Any failure with reporting provisions of the policies including breaches of warranties, shall not affect coverage provided to the District, its directors, its officers, officials, or employees. d. The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. e. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the District requires and shall be entitled to the broader coverage and/or higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the District. 9

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2)

Workers' Compensation and Employers Liability: The insurer shall agree to waive all subrogation rights against the District, its directors, officers, officials, employees for losses arising from work performed by the Contractor for the District.

3)

All Coverage a.

Each policy required shall be endorsed to state that the coverage shall not be suspended, voided, canceled by either party, reduced in coverage or limits except after 30 days prior written notice by certified mail, return receipt requested, has been given to the District.

b.

Each policy is to be on an “Occurrence” form. “Claims Made” form requires prior approval by the District as well as Contractor being required to provide acceptable evidence of the policy’s retroactive date, and will be also required to maintain the coverage with the same retroactive date for a period of not less than five (5) years following termination of services.

4)

Acceptability of Insurers – Insurance is to be placed with insurers with a current A.M. Best rating of no less than “A-:VII.”

5)

Verification of Coverage Contractor shall furnish the District with appropriate Certificates of Insurance and with original Endorsements effecting coverage required and signed by a person authorized by the insurer to bind coverage. Certifications and Endorsements are to be received and approved by the District prior to commencement of any work under the Contract. The District reserves the rights to require certified copies of all required insurance policies.

6)

Other Requirements a. Should any work under this Contract be sublet, the Contractor shall require each subcontractor of any tier to comply with all of the Contract’s insurance provisions and provide proof of such compliance to the District. b. These insurance requirements are not intended to and shall not in any manner limit or otherwise qualify the liabilities and obligations otherwise assumed by the Contractor under this Contract, including indemnification provisions. 10

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c. Compliance with these insurance requirements is considered a material part of the Contract. Breach of any such provision may be considered a material breach of the Contract and result in action by the District to withhold payment and/or terminate the Contract. 7. PROJECT MANAGER Julie Waters shall be the District’s Project Manager. A. The Project Manager will be the primary point of contact for the District, coordinating program management between the Contractor, Contracts Specialist, and Purchasing Manager. Technical project questions, issues and requests for clarifications should be directed to the Project Manager outline in the Purchase Order. B. All issues, decisions, or potential Contract changes, in conflict with any term and/or condition of the Contract, are to be coordinated with the Project Manager and the Purchasing Department prior to a final determination. 8. PERFORMANCE STANDARDS If, at any time during the performance of the work, the District is not satisfied with Contractor’s performance, District shall notify Contractor in writing that it is canceling the work. Upon receipt of such notice, Contractor shall immediately cease performing further work on the assigned work, provide the District with such information it has in its possession that is related to the work and invoice the District for any unbilled work and expenses incurred to the date of the notice. 9. NOTICE Any notices, which may be required under this, Contract shall be in writing, shall be effective when received and shall be given by personal service, or by certified or registered mail, return receipt requested, to the addresses set forth below, or to such other addresses which may be specified in writing to all parties to this Contract. DISTRICT:

CONTRACTOR:

Contract Services Manager 1600 Franklin Street, 6th Floor Oakland, California 94603

Company Name Attn: Address City, State, Zip

10. ATTORNEY’S FEES 11

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In the event that it becomes necessary for either party to bring a lawsuit to enforce any provisions of the contract, the parties agree that the court having jurisdiction over such disputes shall have the authority to determine and fix reasonable attorney’s fees to be paid to the prevailing party. 11. SEVERABILITY If any provision of this Contract is declared void or unenforceable, such provision shall be deemed severed from this Contract, which shall otherwise remain in full force and effect. 12. BINDING EFFECT All of the terms, provisions and conditions of the Contract hereunder, shall be binding upon and inure to the parties hereto and their respective successors, assigns and legal representatives. 13. CONFLICT OF INTEREST By signing this Contract, the Contractor covenants that it presently has no interest, direct or indirect, which would conflict in any manner or degree with the performance of the services called for under this agreement. The Contractor further covenants that in the performance of this agreement no person having any such interest shall be employed by the Contractor, and that the Contractor receives no commissions or other payments from parties other than the District as a result of work performed hereunder. Failure to comply with this provision serves as a basis for termination for default and the collection of any damages. 14. GOVERNING LAW This Contract, its interpretation and all work performed hereunder, shall be governed by the laws of the State of California. 15. RIGHTS IN DATA The term “subject data” as used herein means recorded information, whether or not copyrighted, that is delivered under this Contract. The term includes graphic or pictorial delineation in media, text in specifications or related performance or design-type documents and machine forms. Except for its own internal use, Contractor may not publish or reproduce such data in whole or in part, nor may Contractor authorize others to do so, without the written consent of the District, until such time as the District may have either released or approved release of such data. In the event that the scope of services in this Contract is not completed, all data generated under this Contract shall become subject data and shall be delivered as the District may direct. 12

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16. RELEASE OF INFORMATION Before releasing any reports, promotional materials or information prepared in connection with this RFP and subsequent Contract, the Contractor shall provide a copy or copies for first review by the District. Contractor shall not use the District’s logo without specific written permission from the District Designated Representative. 17. VENUE In the event of a dispute or breach of contract, venue shall be in Alameda County, California. 18. ENTIRE AGREEMENT A. This Contract represents the entire agreement of the parties with respect to the subject matter hereof, and all such agreements entered into prior hereto are revoked and superseded by this Contract, and no representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in other contemporaneous written agreements. B. This Contract may not be changed, modified or rescinded except in writing, signed by all parties hereto, and any attempt at oral modification of this Contract shall be void and of no effect. IN WITNESS WHEREOF, the parties have executed this Contract on the dates set forth below. ALAMEDA-CONTRA COSTA TRANSIT DISTRICT:

Michael Hursh General Manager

CONTRACTOR:

Date

Name

Date

Signature/Title ________________________________ Title Approved as to Form and Content:

________________________________ Denise Standridge Date General Counsel 13

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