2020200050_A1_Acquisition of Kinetic Sculpture_IRFP.pdf

Request for Proposals

Acquisition and Removal of Kinetic Sculpture at Monroe Park

Solicitation Number IRFP 2020200050

Due Date and Time:

Tuesday, October 12, 2021 2:30 PM

CITY OF EUGENE

Central Services Finance Division/Purchasing

100 West 10th Avenue, Suite 400 Eugene, Oregon 97401

Telephone: (541) 682-5055 The Purchasing Office is currently closed to the public.

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I. REQUEST FOR PROPOSALS

REQUEST FOR PROPOSALS

Notice to Proposers Pursuant to City of Eugene Public Art Collection Deaccessioning Procedure and Administrative Order 44-14-08F, Public Contracting Rule (City Rule) Exemption E-16(C) Disposition of Surplus Structure, sealed proposals for Acquisition and Removal of Kinetic Sculpture at Monroe Park will be accepted by the Purchasing Office until Tuesday, October 12, 2021 at 2:30 PM.

Proposals will be opened immediately thereafter and a record of proposals received will be made. Proposals will not be accepted after the Request for Proposals (RFP) closing time and date. Proposals shall be valid for 60 days after opening unless otherwise specified in the specifications. This Request for Proposals does not commit the City to pay any costs incurred by any proposer in the submission of a proposal.

Project Description In general the purpose of the RFP is to advertise the opportunity for the acquisition of the kinetic sculpture that is located at Monroe Park in Eugene. The steel and wood sculpture was created by Paul Pappas and placed in its current location in 1989. In 2017 the Public Art Committee voted to remove the sculpture from the Public Art Collection. The City will accept proposals from parties interested in acquiring the sculpture per the terms and conditions outlined in the

RFP.

Documents Solicitation documents may be examined electronically by logging in to OregonBuys.

To view City of Eugene solicitations:

Scroll to Supplier Activities Click the Open Bids icon Click the Advanced Search button Click Select Organization Select City of Eugene Click Search\Click the Bid Solicitation # to view solicitation details and documents

A copy of the Solicitation may be also be obtained by emailing the Purchasing Analyst shown below.

Proposers must submit their proposals in a single PDF file via email to ndietz@eugene-or.gov before the due date and time specified in the request for proposal.

Pre-Closing Meeting A non-mandatory pre-close meeting will be held at Monroe Park, Monroe Street and West 10th Avenue, Eugene on Wednesday, September 29, 2021 at 3:00 PM. The purpose of the meeting will be to offer potential proposers the opportunity to ask questions intended to assist in preparation of a proposal. This will be the only opportunity to preview the property prior to proposals being due. Statements made by the City’s representatives at the pre-proposal meeting are not binding upon the City unless confirmed by written addendum.

Dated: September 17, 2021

Noel Dietz, NIGP-CPP, CPPB Purchasing Analyst City of Eugene NDietz@eugene-or.gov

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II. INSTRUCTIONS TO PROPOSERS

1.0 STANDARD PROPOSAL FORM

1.1. Proposals shall be submitted with the Standard Proposal Form identical to the form provided by the City. The proposer shall make no alterations or additional stipulations on the Standard Proposal Form nor qualify the proposal in any other manner. Alteration of any part of the Standard Proposal Form content may cause the proposal to be considered non-responsive.

1.2. All blanks on the Standard Proposal Form shall be filled in electronically, by typewriter or manually, in ink. Mistakes should be crossed out and corrections typed or written in ink and initialed by the party signing the proposal. No erasures are permitted. The omission of any required information or forms may invalidate a proposal.

1.3. Complete sets of RFP documents shall be used in preparing proposals.

2.0 SUBMISSION

2.1 Proposers must submit their proposals in a single PDF file to the Purchasing Analyst, ndietz@eugene-or.gov, before the due date and time specified in the request for proposal or any extension thereof made by addendum. The subject line of the email must read IRFP 2020200050 Monroe Park Sculpture 10/12/2021 [Proposer Name].

The City is not responsible for the premature opening of or the failure to open a proposal not properly identified or addressed.

2.2 Proposer is responsible for submitting their proposal prior to the closing date and time. Late proposals will not be accepted. Proposals received after the scheduled closing time for filing will be returned to the proposer unopened. The City is not responsible to any delays caused by computer/software issues.

2.3 Oral, telephonic, telegraphic, or faxed proposals are invalid and will not be considered.

2.4 A non-mandatory pre-close meeting will be held at Monroe Park, Monroe Street and West 10th Avenue, Eugene on Wednesday, September 29, 2021 at 3:00 PM. The purpose of the meeting will be to offer potential proposers the opportunity to ask questions intended to assist in preparation of a proposal. This will be the only opportunity to preview the property with City staff prior to proposals being due.

Statements made by the City’s representatives at the pre-proposal meeting are not binding upon the City unless confirmed by written addendum issued under Section II (4.0) of this RFP.

3.0 SOLICITATION CLARIFICATION & CHANGE REQUESTS

A prospective Proposer may request that the City clarify any provision of the Solicitation Document. The City’s clarification to a Proposer, whether orally or in Writing, does not change the Solicitation Document and is not binding on the City unless the City amends the Solicitation Document by Addendum.

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Any requests for clarification regarding any provision of the RFP shall be delivered to the City’s Purchasing Analyst, in writing, preferably by email, in conformance with City Rule 137- 047-0730(6).

Any requests for change of the requirements or specifications shall be delivered to the City’s Purchasing Analyst, in writing, preferably by email, not later than ten (10) days prior to the RFP closing date and time.

A request for change shall be marked “Request for Change” and include the solicitation number and title along with a statement of the requested change(s) to the terms and conditions, including any Specifications, together with the reason for the requested change.

Contents of questions, clarifications, modifications, or substitutions shall include the following, as applicable:

The solicitation number and title A reference to the page and item being addressed The reason and any proposed alterations

Proposals containing questions, clarifications, modifications, or substitutions included with the response and not submitted according to these instructions may be considered non-responsive.

4.0 ADDENDA AND INTERPRETATIONS

4.1 Statements by City staff or its representatives are not binding on City, unless confirmed by written addendum. Addenda will issue and proposers shall receive addenda per City Rule 137-047-0430, and as follows: City will post addenda on City website - https://www.eugene-or.gov/108/Purchasing under the Notices tab.

4.2 Interested parties should visit the website frequently to confirm no addenda has been issued prior to the closing date/time.

4.3 Any written addendum issued which includes changes, corrections, additions, interpretations, or information, and issued in accordance with City Rule 137-047- 0430(3) shall be binding upon the proposer.

5.0 PREPARATION OF PROPOSALS

Proposers are expected to examine the specifications, schedules and all instructions. The City is not liable for costs associated with preparation of proposals in response to this RFP.

6.0 EMPLOYEES NOT TO BENEFIT

No employee or elected official of the City shall be permitted to receive any share or part of the contract resulting from this RFP or any benefit that may arise therefrom.

7.0 CITY FURNISHED PROPERTY

No material, labor, or facilities will be furnished by City unless otherwise provided for in this

RFP.

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8.0 PERFORMANCE BOND

City may negotiate requiring a performance bond based on received proposals.

9.0 RESERVED RIGHTS

The City reserves the right:

A. To reject any proposal not in compliance with all prescribed procedures and requirements.

B. To reject for good cause any or all proposals upon the City’s written finding that it is in the public interest to do so.

C. To reject any and all proposals not meeting or differing from the specifications set forth herein.

D. To waive any or all informalities in the proposals submitted.

E. To consider the competency and responsibility of proposers in making any awards.

F. In the event that two or more proposals are identical in price, fitness, availability and quality, award shall be made in accordance with City Rule Exemption E-16 and City Rule 137-046-0300.

G. In the event any proposer or proposers to whom an offer is accepted shall default in executing said formal contract or in furnishing a satisfactory performance bond within the time and manner herein after specified, to re-award the contract to another proposer or proposers.

H. To extend the deadline for submitting proposals, in according with City Rule 137-047-

0430(3).

I. To negotiate timeline for removal, insurance, and bond amounts.

10.0 CONSIDERATION OF PROPOSALS

10.1 Proposals will be opened publicly at the City of Eugene Purchasing Office, 100 West 10th Avenue, Suite 400, Eugene, Oregon 97401 at the due date and time indicated in the RFP or any extension thereof made by addendum. Proposers and other interested parties are invited to be present at the opening; however, the identity of the successful proposer will not be determined at the opening time.

10.2 The City intends to award a contract to the responsible proposer submitting the most advantageous proposal, based on evaluation factors contained in the proposal, provided the proposal has been submitted in accordance with the requirements of the RFP documents.

10.3 The City shall provide written notice by email to all proposers of the City’s intent to award a contract.

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11.0 CONTRACT AWARD

Submittal of a proposal evidences proposer’s intent to execute and be bound by the terms of the accepted offer and resulting contract. The City will enter into contract negotiations regarding any open terms. During negotiations, the City may require any additional information it deems necessary to clarify Proposer’s approach and City’s understanding of the property acquisition. Any changes agreed upon during Contract negotiations will become part of the final Contract.

12.0 PUBLIC RECORDS

12.1 This RFP and one (1) copy of each original proposal received in response to it, together with copies of all documents pertaining to the Award of a contract, shall be kept by the City of Eugene Purchasing Office and made a part of a file or record which shall be open to public inspection. If a proposal contains any information that is considered trade secret under ORS 192.345(2), each sheet of such information must be marked with the following;

“This data constitutes a trade secret under ORS 192.345(2), and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS 192.“

The Oregon Public Records Law exempts from disclosure only bona fide trade secrets, and the exemption from disclosure applies only “unless the public interest requires disclosure in the particular instance.“ ORS 192.345(2). Therefore, non-disclosure of documents or any portion of a document submitted as part of a proposal may depend upon official or judicial determinations made pursuant to the Public Records Law.

12.2 The above restrictions may not include cost or price information which must be open to public inspection.

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III. ANTICIPATED PROPOSAL SCHEDULE

The following is the anticipated schedule for submission and review of proposals and award of the desired contract. This schedule is subject to change by the City in its sole discretion. Any change to the proposal submittal deadline will be done by an addendum to the RFP.

ACTIVITY DATE

Request for Proposals issued ............................................................ September 17, 2021

Non-mandatory pre-close meeting ..................................................... September 29, 2021

Deadline for requests for changes ............................................................ October 5, 2021

Deadline for issuing addenda to RFP ....................................................... October 6, 2021

RFP CLOSING .......................................................................... October 12, 2021 2:30 PM

Submit proposals no later than 2:30 PM PDT

Initial review of Proposals ....................................................................... October 19, 2021 Evaluate written proposals

Notice of Award ....................................................................................... To be determined

The City reserves the right to delay any of the dates set forth above, if it is determined to be in the best public interest to do so. The contract shall become effective upon execution by the City.

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IV. REQUIREMENTS / SPECIFICATIONS

The purpose of the RFP is to advertise the opportunity for the acquisition of the kinetic sculpture that is located at Monroe Park in Eugene. The steel and wood sculpture was created by Paul Pappas and placed in its current location in 1989. In 2017 the Public Art Committee voted to remove the sculpture from the Public Art Collection. The City will accept proposals from parties interested in acquiring the sculpture receiving delivery of sculpture from the park per the terms and conditions outlined in the RFP.

The City of Eugene will be responsible for the structure to be disassembled and removed from the property using professional moving services, and for delivery within 30 miles of Monroe Park. Delivery distance beyond 30 miles must be paid by awarded offeror and addressed in proposal. Delivery site must be easily accessible by truck.

Awarded Offeror will be responsible for moving disassembled structure from offload site to final site as well as reassembling if desired. Contract must be finalized and purchase completed (if applicable) prior to delivery. Awarded Offeror assumes ownership of structure upon contract signing. Awarded Offeror will be responsible for all consequential damage including, but not limited to; City property, surrounding residential property, utility infrastructure, and road surfaces.

Proposals must include the following information:

Proposal stating where the property will be relocated to, if and how it will be displayed, if and how it will be refurbished, as well as a statement that the proposer understands and accepts the risks and costs associated with receiving the structure and that the City is not responsible for any consequential damage and that the proposer accepts the structure in as-is condition.

Completed Proposal form.

See Attachment A for sculpture pictures and history.

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V. PROPOSAL SUBMITTAL REQUIREMENTS

Proposals must be submitted in accordance with the submission requirements listed in Section II, Instructions to Proposers. Proposals must contain all of the information requested in the submittal category below. A completeness check will be conducted for each proposal. A complete submittal will make the proposer a ‘Responsive Proposer’.

Submittals Proposals in the form of a letter must contain all the information and documentation listed below. Proposal may include any other information that is felt to be relevant. All information submitted will be used to help determine

Provide background information identifying your status as either a non-profit, organization or individual as well as your interest in the artwork.

If you plan on displaying the artwork, please describe the site and who will have access to it. If you do not plan on displaying the structure, please identify your intentions with the materials.

What is your timeline and flexibility for accepting the structure? Due to the impending rains and the need to pull a truck next to the structure’s current grassy site to remove it, moving the artwork will need to happen this fall.

Bid amount Signed Standard Proposal Form

Evaluation Criteria Evaluation of the written response portion to the RFP will be based on a point system. The possible point values are listed by each evaluation category. A committee will review the responses and assign points for each category.

The written responses will be used to determine who will be awarded. Items will be scored up to the maximum point value indicated.

Criterion Points

1. Proposer Organization 50

a. Qualifying Nonprofit Organizations proposing to restore and publicly display the artwork 50

b. Private Organizations proposing to restore and publicly display the artwork 40

c. Proposals from all other persons, companies or agencies planning to display the artwork 30

2. Proposals from all other persons, companies or agencies 20

3. Display Site 20

4. Timeline for receiving artwork 10

5. Bid amount 10

6. Efforts Toward Sustainability 10

Written Proposal Total Possible Points: 100

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The agent responsible for the solicitation may contact Proposers for clarification of proposals;

however no additions, deletions or substitutions may be made to proposals that cannot be termed as clarifications. Proposer’s responses to questions should restate the question and provide the clarification requested

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VI. FORMS TO SUBMIT WITH PROPOSAL

STANDARD PROPOSAL FORM

I, the undersigned, and authorized representative of (Company Name) certify the following:

Acknowledgement of terms, conditions and specifications

1. The proposer represents that proposer is properly licensed and adequately experienced, equipped, organized and financed to furnish and deliver the proposed offer as specified.

2. The proposer has carefully checked the figures entered in the Form, has carefully reviewed for accuracy all statements in this proposal and attachments, and agrees that the City will not be responsible for any errors or omissions of the proposer in preparing this proposal.

The proposer agrees that this proposal may not be revoked or withdrawn for sixty (60) calendars days after the date on which proposals are received.

3. Contract Execution;. The proposer agrees that if this proposal is accepted it will, within ten

(10) calendar days after having received the Notice of Award, execute and return to the City the Contract Documents and provide payment for structure if applicable.

4. Addenda. The proposer acknowledges that it has received the following Addenda No(s):

and agrees that all addenda issued are a part of the Contract Documents and have been considered in preparing this proposal. (Proposer: insert the number of each addendum received; if no addenda were received, write “NONE” in the space.)

Compliance with Laws Proposer hereby agrees to comply with all applicable City of Eugene, Lane County, and Oregon Rules, Laws, and Ordinances related to this offer.

Property Disposition The proposer affirms that the structure being acquired will be placed and displayed in the manner stated within the proposal.

Noncollusion The proposer certifies that the proposal has been arrived at by the proposer, independently, and has been submitted without collusion with, and without any agreement, understanding or planned course of action with, any other contractor, proposer, or vendor on materials, supplies, equipment or services, described in the solicitation documents, designed to limit independent offers or competition. The contents of the proposal herein presented and made have not been communicated by the proposer or their employees or agents to any person not an employee or agent of the proposer or its surety on any bond furnished with the solicitation, and will not be communicated to any such person prior the closing time of the solicitation.

We therefore make the following offer at the price indicated hereon in fulfillment of the requirements and specifications contained within the solicitation documents and all addenda.

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Company: Date:

Signature:

Title:

Name (Print):

Phone:

Address:

Email:

Company contact for this project (if different from above):

Name: Title:

Phone:

Email:

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ATTACHMENT A

Artist: Paul Pappas

Title: Balance, otherwise known as Walking Man

Date of work: 1989

Dimensions: 21 x 9 x 13 feet

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Materials: Wood and Steel

The large wood element is rapidly decaying and steel work has been defaced with paint

Artwork made possible by a $900 grant from Lane Regional Arts Council.

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