RFP

RFP# DPAC 21-02

CALL TO ARTISTS

REQUEST FOR PROPOSALS

ROGERS BRIDGE

REPURPOSING HISTORY INTO PUBLIC ART

RFP # DPAC 21-02

Release Date: November 1, 2021 Due Date: January 14, 2022; 2:00pm EST

Contents

BACKGROUND AND INTRODUCTION

SCOPE OF WORK

Project Description/Location

Project Goal

Request for Proposals

On-Site Preproposal Meeting

Communication/Staff Contacts

Questions and Answers

Budget

Artist Eligibility

Submittal Requirements

EVALUATION AND SELECTION

Selection Criteria

Contract Information

TENTATIVE SCHEDULE

OTHER ITEMS

Rejection of Proposals/Cancellation of RFP

Proposal Withdrawal

Cost for Preparing Proposals

Disadvantaged Business Enterprises (DBE)

Conflict of Interest

Compliance with Laws

Governing Terms

Indemnification

Cancellation

Independent Contractor

No Assignment

Attorney’s Fees

Additional Resources

APPENDIX A FEDERAL PROVISIONS

APPENDIX B ROGERS BRIDGE PARK MASTER PLAN

APPENDIX C ON SITE BRIDGE CONTRACTOR RELEASE FORM…………….………………14

Site Visit Map……………………………………………………………………………………………………..15

BACKGROUND AND INTRODUCTION

The City of Duluth was founded in 1821 by Evan P. Howell and was originally called “Howell’s Crossing.” It was an important center of commerce for the areas first merchants and farmers. In 1871, the railroad was routed through Howells Crossing, which eventually connected the north and south. Leaders decided to rename Howell’s Crossing to Duluth, in recognition of another then-remote railroad town, Duluth, Minnesota.

Today, Duluth is a thriving 10 square mile city in the metro Atlanta region. It is poised for continued growth with a blend of small businesses, entrepreneurial enterprise, major corporations, visionary developers, and strong, creative leadership. It is home to 30,000 residents and enjoys hundreds of thousands of visitors every year. The center of our city is a thriving historic, yet “hip” downtown area consisting of restored buildings dating from the 1800’s, as well as complimentary new construction housing restaurants, shops, performing arts venues and our Town Green with an interactive fountain and amphitheater.

Historic features dot the entire City. One such feature is Rogers Bridge, located over the Chattahoochee River at the edge of Rogers Bridge Park. Built by the Roanoke Bridge Company in the early 1900’s to replace the then river ferry, this pin-connected Pennsylvania Petit truss is being removed and replaced with a replica truss. Closed to traffic in the 1970’s, the one-lane bridge remained mostly intact as an icon for those whose families had lived near the river for generations.

The 110+ year old steel is being salvaged for use in a public art project.

The City of Duluth, in partnership with the City of Johns Creek, Fulton County, Gwinnett County, Georgia Department of Transportation, and the Federal Highway Administration, are funding an effort to dismantle and replace historic Rogers Bridge to create an exclusive bicycle and pedestrian facility for the region. As such, the City of Duluth and Duluth Public Arts Commission (DPAC) wish to salvage pieces of the original bridge to create an art sculpture in Rogers Bridge Park.

Rogers Bridge Park is a 24-acre property along the Chattahoochee River which includes dog parks, playgrounds, passive green space, a walking trail, a canoe launch and pavilions. The park is undergoing multiple phases of improvements over the next few years to meet the growing needs of the community and capitalize on the natural amenity of the Chattahoochee River. The addition of public art created from the historic bridge is a meaningful tribute that will be enjoyed by generations to come.

SCOPE OF WORK

Project Description/Location The current Rogers Bridge Park Master Plan includes an art installation area approximately 20’x20’ in size between the traffic roundabout and the entrance path to the new bridge. A layout of this area is included in Appendix B of this RFP. The art does not need to take up the entire area but will need to be located within this space.

Project Goal The goal of the project is to create an original artwork that will preserve the significance and history of the original bridge structure in a unique and interesting way and accompany a newly re-designed Rogers Bridge Park. It should embody the river/nature theme and reflect the community vision as part of the Master Art Plan for the City of Duluth. It is NOT intended to be “playable” or interactive art.

The City has coordinated with the bridge demolition contractor regarding notable salvage pieces and desired sizes. As such, every effort will be made to salvage a variety of beams and bracing in sizes ranging from 8’ to 20’ in length. The pieces selected by the chosen artist will be treated for lead prior to pick up. Although additional adornment is acceptable, it is expected that the majority of source materials used for the actual art will be derived from the original bridge.

Request for Proposals The Duluth Public Art Commission (DPAC) of the City of Duluth has prepared this Request for Proposals (RFP) as a means to solicit proposals from qualified artists for the re-purposing of materials from the original Rogers Bridge into structural art to be located within Rogers Bridge Park.

Interested artists may submit up to 3 designs, preferably with a river/nature theme, tying together historical elements representative of the Duluth community. Seven (7) hard copies of the proposal shall be submitted, along with an electronic version on one (1) flash drive. All seven hard copies and the one flash drive must be enclosed in a sealed package and delivered no later than 2:00pm EST on January 14, 2022.

Packages may be hand delivered or mailed (return receipt requested) or sent via courier or delivery service to DPAC c/o Duluth City Hall, 3167 Main Street, Duluth, GA 30096. Packages received after the date and time listed above will not be considered.

On-Site Preproposal Meeting An optional two-part pre-proposal meeting will be held on Wednesday, November 17, 2021.

Part one will be held on site on the Duluth side of the River (4291 Rogers Bridge Road, Duluth GA) at 1:30pm EST. At 2:00pm, the group will drive (separately) over to the Johns Creek construction site on the opposite side of the River to view the bridge salvage. That site is located along Bell Road in Johns Creek. See attached map. Prospective proposers are encouraged to attend so they may familiarize themselves with the park and ask questions about the site and the materials to be salvaged. As these are active construction sites, all participants must wear hard hats and closed toed flat rubber bottomed shoes or construction type boots prior to walking on site, and must complete and bring with them the release form in Appendix C. The group will be accompanied by a City representative while onsite. There will be no other site visits permitted during active construction until the selected artist visits the site to choose which pieces he/she wants to salvage and have treated for lead.

Communication/Staff Contacts No form of staff/commission/Council communication regarding this RFP is permitted from the issuance date of this RFP until contract award by the Mayor and Council, unless in writing to the email address listed below. Any attempts to communicate with staff/commission/Council may disqualify the artist from further consideration.

Questions and Answers Questions and requests for clarifications relating to this RFP, must be directed in writing to DPAC@duluthga.net and must be received no later than December 1, 2021, at 5:00pm EST. All questions and requests for clarification received prior to December 1, 2021, at 5:00pm EST will be responded to in writing in a formal addendum on or around December 6, 2021. The addendum will be posted to the City’s website (www.duluthga.net) where the original RFP is located, and on the Georgia State Procurement Registry (https://ssl.doas.state.ga.us/gpr/).

Multiple addenda may be posted. Interested applicants are responsible for checking the websites frequently and securing any posted addenda prior to the RFP deadline.

Budget The budget for the entire project shall not exceed $100,000. This includes, but is not limited to preliminary and final designs, all supplies and materials, transportation of materials, storage of materials and finished art, insurance, installation of finished art, an interpretive/descriptive plaque, and potential travel for promotional events.

The subject property is located in a flood zone. Therefore, engineered soil stabilization and a reinforced foundation may be required, depending on the size/weight of the selected piece. For mailto:DPAC@duluthga.net http://www.duluthga.net/ https://ssl.doas.state.ga.us/gpr/ this reason, the dimensions and weight shall be submitted for each concept to ensure that the site is suitably designed. The cost of the engineering studies, the soil stabilization, and the foundation will not be included in the $100,000 budget and will be coordinated and paid for by DPAC separately in advance of the art installation.

Artist Eligibility This RFP is open to professional artists and artist teams who meet the following criteria:

• Have a portfolio of original artworks created by the artist(s)

• Have demonstrated aesthetic excellence and creativity in the design and execution of completed projects

• Have experience and expertise with steel/metal

• Able to meet timeline as set forth in project documents, and able to accommodate a dynamic schedule which is subject to change based on the construction currently under way

• Able to meet insurance and indemnity requirements

The City provides equal business opportunity for all contract awards and does not discriminate against any persons regardless of race, color, religion, age, sex, national origin or handicap.

Submittal Requirements Seven (7) hard copies of the proposal shall be submitted, along with a complete electronic version on one (1) flash drive. Proposals must contain the following:

• Statement of interest signed by the artist(s) (no more than one page). This document should include why you are interested in the project, your relationship to Duluth/Gwinnett if applicable, and your approach to creating public art.

• Professional resume or curriculum vitae, and short biography (no more than two pages).

• Up to three (3) images of past work, including name of piece, location, year created, client

(if applicable), and short description (1-2 sentences). If the project was created by a team of artists, please state the applicant’s role in the project. (One page per project).

• Up to three (3) high quality concept drawings for the proposed Rogers Bridge art project, including project dimensions and estimated weight. (Up to two pages per concept, allowing for multiple views).

• Cost of each proposed concept. (Include this on each concept drawing.)

• Three references who are past clients, or who can attest to the artist’s abilities and reliability. (One page.)

• Proof of Insurance. (A single page ACORD certificate will suffice.)

Incomplete or late submittal packages will not be considered. All submittals become the property of the City of Duluth and are subject to the Georgia Open Records Act in their entirety.

EVALUATION AND SELECTION

Submissions will be reviewed by a seven-member selection committee to make recommendations to City Council for approval.

Selection Criteria Proposals will be scored based on the following criteria:

Max Point Value

1. Artistic Originality/Creativity 30

2. Context: Appropriateness to Park

(architectural, geographical, socio-cultural, & historical context) 20

3. Feasibility: Cost, timeline & probability of success 10

4. Support: Community Appeal & Relevance to Duluth 10

5. Potential to enrich & diversify the city’s public art collection 10

6. Expertise/Experience of Artist 10

7. Design/Construction, Maintenance/Sustainability & Public Safety 10

Total Possible Number of Points 100

If scores are close, the three highest ranked proposals may be invited to interview with the selection committee to determine the final award. Interviews will be worth up to 25 points.

Once the selection committee has made a recommendation for award, the apparent winner will be notified and is expected to start the contracting process within ten days of said notification.

Once the contract is negotiated and signed by the apparent winner, Mayor and Council will be presented with the contract for approval and execution.

Artists not selected will receive email notification and may be eligible to pick up excess untreated bridge salvage, if desired. There would be no cost for the salvage materials, but the artist would be responsible for loading and hauling, and would be liable for the process of pickup, transport, and usage. The City is not liable for any materials hauled off the construction site.

Contract Information The selected artist will be required to enter into a written agreement containing minimum requirements including but not limited to:

• A term to be determined for notice to proceed and completion date.

• General liability insurance or equivalent occurrence policy which will provide primary coverage in the event of any occurrence, claim or suit with limits of not less than $1,000,000 General Aggregate.

• Payment schedule for the work.

• Provisions indemnifying the City for any and all injury or damages to the artist or third parties resulting from the performance of the work or the final artwork.

• Relevant forms including, but not limited to SAVE affidavit, E-verify documents, and W-9.

• Provisions ensuring that the artist’s work is original and does not violate any copyright, trademark or other intellectual property rights.

• Provisions ensuring the durability of the artwork.

TENTATIVE SCHEDULE

NOV 1 (2021) RFP Release Date

NOV 17 Guided Site visit and pre-bid meeting (optional)

DEC 1 Deadline for written questions/clarifications

DEC 6 Release of addendum

JAN 14 (2022) Proposal due date (NLT 2:00pm EST)

Week of FEB 21 Potential Interviews for shortlisted artists*

Week of FEB 28 Contract negotiations with highest ranked artist*

MAR 14 Contract award by Mayor and Council*

BY MAR 31 Selected artist to pick out pieces for lead abatement*

BY APR 30 Selected artist to pick up materials*

MAY 2022 Left over untreated materials may be picked up*

NOV/DEC Project installation timeframe*

DEC/JAN Project unveiling and celebration event*

*Note – Dates noted with an asterisk in the schedule above are subject to change. Changes in dates will be relayed to the affected artist(s). Selected artist must be able to store completed project until installation date, even if that date changes. There will be no additional costs to the City for such additional storage time.

OTHER ITEMS

Rejection of Proposals/Cancellation of RFP The City reserves the right to reject any or all proposals, to waive any irregularity or informality in a proposal, and to accept or reject any item or combination of items, when to do so would be to the advantage of the City. The City reserves the right to cancel any and all requests for proposals at any time when it is determined to be in the best interest of the City.

Proposal Withdrawal A submitted proposal may be withdrawn by the artist/company prior to the due date by a written request to DPAC@duluthga.net. A request to withdraw a proposal must be submitted by an authorized individual.

Cost for Preparing Proposals The cost for developing the initial proposal is the sole responsibility of the offeror. Should there be multiple or added rounds of submissions/maquettes requested, any compensation to produce such would be stated at that time.

Disadvantaged Business Enterprises (DBE) City of Duluth strongly encourages the solicitation of interest from Disadvantaged Business Enterprises (DBE). Any selection made as a result of this notice will be made without regard to race, color, religion, sex, or national origin.

Conflict of Interest If an Artist has any existing relationship that involves the City of Duluth, DPAC, staff, or Mayor and Council, the Artist must disclose each relationship. This may be done on the Statement of Interest sheet or on a separate sheet but must be included in the submittal package. Failure to disclose may result in disqualification from this opportunity.

Compliance with Laws The Artist shall comply with all City, State of Georgia and Federal laws, rules, and regulations.

mailto:DPAC@duluthga.net

Governing Terms This RFP expressly limits acceptance to the terms stated herein. Any additional or different terms proposed by the Artist and expressed in any form (acknowledgements, confirmations, invoices, catalogs, brochures, technical data sheets, etc.), whether before or after Artist’s receipt of a contract, shall not be binding upon City. City’s silence or acceptance of the materials shall not constitute consent to such additional or different terms.

Indemnification Artist shall be responsible for and shall indemnify and hold City, DPAC, Staff and Mayor/Council harmless from any and all claims, demands, costs, damages and expenses of whatever nature (including, without limitation, attorney’s fees) relating to or arising from (a) Artist’s breach of any of the representations and warranties contained herein; (b) Artist’s failure to follow City’s specifications; (c) Artist’s other breach of the terms hereof; or (d) any other act(s) or omissions(s) of Artist, his/her employees, independent contractors, agents, and suppliers.

Cancellation City may cancel this agreement at any time prior to City’s acceptance of the final product, upon giving written notice of cancellation to Artist. In such event, Artist shall be entitled only to payment for approved work completed to date. City shall not be responsible for any other amounts whatsoever including, without limitation, penalties.

Independent Contractor Artist shall at all times be acting as an independent contractor and not be considered or deemed to be an agent, employee, joint venture or partner of City. Artist shall have no authority to contract for or bind City in any manner.

No Assignment Artist may not assign this agreement or any of its rights or responsibilities hereunder, without City’s prior written consent.

Attorney’s Fees In the event of Artist’s breach hereunder, City, in addition to the recovery of all monies and damages owed to City, shall be entitled to recover from Artist the reasonable attorney’s fees and court costs incurred by City as a result of such breach.

Additional Resources http://www.duluthga.net/community/docs/Duluth_Defined_4715.pdf http://www.duluthga.net/community/public_art.php https://www.facebook.com/cityofduluth/ https://www.youtube.com/user/cityofduluthga www.duluthga.net/rogersbridgeproject http://www.duluthga.net/community/docs/Duluth_Defined_4715.pdf http://www.duluthga.net/community/public_art.php https://www.facebook.com/cityofduluth/ https://www.youtube.com/user/cityofduluthga http://www.duluthga.net/rogersbridgeproject

APPENDIX A FEDERAL PROVISIONS

Comply with following Special Provisions, as applicable:

Compliance with the Title VI of the Civil Rights Act of 1964

The Contractor/Artist shall comply and cause its Sub-contractors to comply with the regulations for compliance with the Title VI of the Civil Rights Act of 1964, as amended, and 23CFR 200.

Compliance with the Equal Employment Opportunity Executive Order

The Contractor/Artist shall comply and cause its Sub-contractors to comply with the Executive Order 11246, entitled “Equal Employment Opportunity” as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR 60).

Compliance with Americans with Disabilities Act of 1990

The Contractor/Artist shall comply and cause its Sub-contractors to comply with all applicable requirement of the Americans with Disabilities Act of 1990 (ADA),42 U.S.C.

12101 et seq. and 49 U.S.C. 322; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 791; and regulations and amendments thereto.

Compliance with Retention Records

The Contractor/Artist shall comply and cause its Sub-contractors to comply with retention of all required records for three (3) years after grantees or sub-grantees makes final payments and all other pending matters are closed.

Compliance with FHWA’s Buy America Policies

The Contractor/Artist shall comply and cause its Sub-contractors to comply with all Federal Buy-America policies applicable to this contract. Refer to 23 USC 313 and 23 CFR 635.410.

APPENDIX B ROGERS BRIDGE PARK MASTER PLAN

APPENDIX C ON SITE BRIDGE CONTRACTOR RELEASE FORM