RFP - Mural Artist Services TOU-26-81043 signed.pdf

TABLE OF CONTENTS

I) SUBMISSION OF PROPOSAL

A) Scope and Specifications of Procurement

B) Insurance Checklist

C) Type of Contract

D) Questions and Comments Regarding Terms of the Request for Proposal and Modification of Terms

E) Method for Submitting Proposal

F) Offeror Information Form and Certifications

G) Compliance with Directions

II) EVALUATION OF PROPOSAL

A) Net Prices and Delivery Terms; Tax Exemption and Responsibility

B) Required Elements of Proposal Package

C) Proposal Evaluation Framework

D) Determining if Offeror is Responsible

E) Exceptions to Terms of the Request for Proposal

F) Proposal Acceptance Period

III) METHOD OF AWARD OF CONTRACT

A) Negotiation and Award

B) Award in Whole or in Part

C) Multiple Awards

IV) FORM OF CONTRACT AND RELATED DOCUMENTS

A) Use of Town Standard Form Contract

B) Use of AIA and Similar Forms

C) Differing Terms in Contractor-Supplied Forms

V) MISCELLANEOUS

A) Authority of Agents

B) Cooperative Procurement

C) Examination of Documents

D) Definitions

E) Nondiscrimination; Participation of Small, Women-Owned and Minority-Owned Business

PROPOSAL EVALUATION FRAMEWORK

OFFEROR INFORMATION FORM

ACKNOWLEDGMENT OF RECEIPT OF ADDENDA

I) SUBMISSION OF PROPOSAL

A) Scope and Specifications of Procurement

The Town is soliciting Procurement of Mural Artist Services. The specifications for this Request for Proposal are as follows:

___ Goods x Services ______ Insurance _____ Construction

General description of the subject of Procurement:

The Town of Culpeper is seeking proposals from qualified artists for six mural commissions to be undertaken in conjunction with the 2027 Culpeper Arts Festival, scheduled for May 1–2, 2027. The Town intends to select five artists to paint mural panels and one artist to complete a separate street mural commission.

This Request for Proposals (RFP) establishes the scope of work, artist qualifications, submission requirements, evaluation criteria, anticipated selection process, and project schedule. Qualified artists may submit proposals for either or both opportunities.

DESCRIPTION OF THE PROJECT

The opportunities consist of six mural panel commissions and one separate street mural commission. The panel artists will participate in a public competition and artwork auction. The street mural artist is commissioned independently and will not participate in the panel competition or auction.

PROJECT OVERVIEW AND SCOPE OF WORK

Artist Opportunities and Compensation

Opportunity Positions Artist compensation

Scope

Mural panels 6 $1,000 each One original 8 ft. × 8 ft.

panel per artist; painted during the festival

Street mural 1 $4,000

One approved street surface mural in Historic Downtown Culpeper; schedule coordinated with Town

Mural panels

Six selected artists will create original artwork on six Town-prepared 8 ft. × 8 ft. painting panels in downtown Culpeper. Artists must attend both festival days and complete their panels during the festival, subject to weather and safety contingencies. The Town will finalize panel placements and work-area arrangements.

Competition information below.

Street mural

One selected artist will design and paint a street surface mural in historic downtown Culpeper. The precise surface, boundaries, dimensions, and installation specifications have not yet been finalized and will be confirmed by the Town. The street surface mural is not represented as a crosswalk project. The selected artist may begin painting before the festival under a Town-approved installation schedule, but must also attend both festival days.

Artist Eligibility and Participation

All seven positions are open to qualified artists without geographic residency restrictions.

Applicants may apply for the panel opportunity, the street surface opportunity, or both.

Each selected artist will be assigned one commission.

Selected artists must be available to attend the festival on both May 1 and May 2, 2027. Panel artists must be able to complete their work during the festival; the street muralist may work earlier under an approved schedule.

Selected artists must enter a written agreement with the Town, provide required tax documentation (including a W-9), and satisfy applicable insurance, eligibility, screening, and safety requirements identified during contracting. No background check is automatically required by this RFP.

Scope of Services and Artist Responsibilities

Develop an original mural concept appropriate to the assigned surface and submit a final design by February 15, 2027. Do not begin painting until written Town approval is received.

Participate in coordination with Town representatives on scheduling, site access, equipment, materials, and applicable safety procedures.

Attend both festival days and engage informally with visitors when practical. Formal workshops, demonstrations, or presentations are not required. Completion of the artwork remains the primary obligation.

Maintain a clean, orderly, and safe individual work area; protect adjacent surfaces and follow Town instructions for paint and waste handling.

Provide a short artist biography, headshot, and available website or social media links, together with permissions for agreed festival promotion and artist recognition.

Complete the artwork and coordinate any necessary final inspection, photography, and handoff with Town staff.

Artists may use assistants only with prior written Town approval. The selected artist remains the primary contracting party and is responsible for assistant supervision, performance, compliance, compensation, and expenses unless the Town agrees otherwise in writing.

Materials, Equipment, Lodging and Travel

The Town will provide prepared painting surfaces, standard paint supplies and materials, and necessary equipment for all six selected artists. Artists may use their own preferred paints or specialty materials only with prior Town approval to confirm compatibility with the surfaces, installation conditions, and safety requirements. Artists are responsible for purchasing any specialty supplies beyond those provided by the Town.

The Town will arrange lodging directly when needed, based on the approved work schedule and availability. Lodging for assistants is not guaranteed and requires advance written Town approval. Artists are responsible for their own travel to and from Culpeper and personal expenses unless otherwise expressly agreed.

Street Mural Site Preparation and Public Safety

The Town will coordinate preparation of the street mural surface, necessary site access, and any required street or pedestrian closures and safety measures. The Town and selected artist will establish an installation schedule consistent with site conditions, necessary approvals, and public access needs. The artist must comply with Town-approved access, safety, and installation procedures. Final dimensions and painting boundaries will be communicated when confirmed.

For all work areas, the Town will provide appropriate waste disposal arrangements and oversee general site cleanup. Artists will clean and maintain their individual painting areas. In the event of weather or safety interruptions, the Town may suspend activities, adjust schedules, or coordinate alternative completion dates with affected artists, preserving public live painting where practical.

Artistic Direction, Content Standards and Design Approval

Artists are encouraged to pursue original creative concepts. No prescribed theme applies to either opportunity. Final designs for all six commissions must be submitted by February 15, 2027 and approved in writing by the Town before painting begins.

Artwork may not include commercial advertising, product promotions, or unauthorized business branding.

Artwork may not include political campaign messaging, candidate endorsements, or election-related advertising.

Artwork must comply with applicable law and may not infringe the intellectual property rights of others.

The Town may request reasonable revisions for site suitability, technical feasibility, public safety, public suitability, and compliance with applicable standards. The Town anticipates providing initial feedback within 30 calendar days after the design deadline. Review and any content restrictions will be administered consistently with applicable law.

SPECIFICATIONS FOR RESPONSE

To be considered a qualifying proposal, each applicant shall provide the information identified below. Applicants may submit additional materials that are relevant to their qualifications;

however, preliminary mural designs or renderings are not required.

PROPOSAL FORMAT

Proposals and all associated materials must be received by the Town of Culpeper on or before Tuesday, December 1, 2026, at 2:00 p.m. Eastern Time. Submissions may be made by email, mailed, or hand-delivered as well as Electronically using the instructions below. Applicants are solely responsible for ensuring timely receipt. Late proposals may be rejected.

Submission Methods

Electronic Submission: Proposals may be submitted electronically at eva.virginia.gov Offeror must be registered with eVA in order to submit proposal electronically.

Mail or hand delivery: Town of Culpeper, Attn: Procurement, 400 South Main St., Suite 105, Culpeper, VA 22701. Clearly mark the package “Mural Artist Services.”

Required Proposal Sections

1. Applicant Information

Provide the artist’s full legal name, preferred name (if applicable), contact information, and indicate whether the application is for the mural panel opportunity, the street mural opportunity, or both (Please see Offeror Information Form).

2. Portfolio

Submit five to eight examples of previously completed artwork as a PDF, individual images, or links to an accessible online portfolio. Online materials must be available to the review committee without special permissions or paid subscriptions. Brief project descriptions are encouraged.

3. Creative Statement

Describe the applicant’s artistic approach, creative interests, and vision for participating in the Culpeper Arts Festival.

4. Qualifications and Relevant Experience

Provide an artist résumé, curriculum vitae (CV), or written summary of relevant artistic experience, previous projects, commissions, or other qualifications.

Questions Concerning Proposal Requirements

All questions concerning this RFP shall be submitted in writing to Lisa Wortman at lwortman@culpeperva.gov no later than Tuesday, November 24, 2026, at 5:00 p.m. Eastern Time. An optional virtual pre-proposal conference is scheduled for Wednesday, November 18, 2026, at 3:00 p.m. Eastern Time. The virtual meeting link is provided in the Selection Schedule section. The Town will publish a consolidated response to written questions without identifying questioners. Any changes to the solicitation shall be issued through written addenda.

EVALUATION AND SELECTION PROCESS

An artist selection committee appointed by the Town will review eligible applications. The same 100-point rubric will apply to both opportunities, with experience and capabilities evaluated in relation to the requirements of each commission.

For the street mural, relevant considerations may include outdoor public art, large-scale installation, and surface compatibility. For panel artists, relevant considerations may include live painting and completion during a two-day public event. The Town may interview shortlisted applicants virtually or in person or request additional information, but interviews are not required for every applicant. The Town will make final selections.

Criterion Maximum points Artistic quality and originality 30 Relevant experience and technical ability 25 Creative statement and artistic vision 20 Ability to complete the proposed project within the required timeframe

Professionalism and community engagement 10

TOTAL 100

EVALUATION CRITERIA

Proposals will be evaluated using the same 100-point criteria for both opportunities. The selection committee will consider the applicant’s qualifications and capabilities in relation to the specific commission for which the artist is being evaluated.

COMPETITION AND FUTURE COMMISSIONS

Only the six mural panel artists will participate in the festival mural competition. Winners will be determined through a combination of community voting and selection committee scores. The specific weighting, procedures, and voting rules will be finalized and communicated before the festival. Winners are anticipated to be announced during the festival on Sunday, May 2, 2027.

These awards are opportunities for separate, future commissioned projects—not cash prizes for participation in the festival. Each future project will require its own agreement covering design, scope, approvals, payment, property-owner coordination, and completion timeline. Individual completion schedules will be established after the festival.

Placement Future commission Commission value

First Mural at 306 Main Street – Olive & Stone

$5,000

Second Mural at Heritage Park on three existing art structures

$3,500

Third Mural at 404 Main Street – Bloom & Berry

$2,000

MURAL PANEL AUCTION

All six completed mural panels will be auctioned during the festival, with bidding concluding May 2, 2027. For each panel sold, 50% of the auction proceeds will be paid to the artist who created it and 50% will support the festival. Minimum bids, reserve prices, bidding procedures, payment processing, and distribution schedules will be established by the Town before the auction.

Purchasers will acquire the physical panels after payment, but not the artist’s copyright.

Successful bidders are responsible for arranging and paying for pickup, loading, and transportation. The Town will coordinate pickup instructions and authorize release after confirming payment. Artists are not responsible for delivery. For any unsold panel, the Town will consult with the respective artist regarding future display, return, or possible sale; terms of any subsequent sale will be established by mutual agreement.

COPYRIGHT, PROMOTION AND ONGOING CARE

Artists retain copyright in their original designs. Each artist will grant the Town a perpetual, nonexclusive, royalty-free license to photograph, reproduce, publish, and distribute images of the completed artwork for Town promotional, tourism, educational, archival, and other noncommercial purposes. The license and related permissions will be documented in the artist agreement. Festival photography or recordings and use of artist biographies and headshots will be addressed in the agreements.

The street mural will remain public art under Town-established ownership and management arrangements. Responsibility for ongoing maintenance, repairs, touchups, and the anticipated lifespan of the installation will be specified in the street mural artist agreement.

NOTICE TO CANDIDATES

This Request for Proposals does not constitute a contract or guarantee selection. All costs incurred in preparing and submitting a proposal shall be the responsibility of the applicant. Selection is subject to execution of an agreement with the Town of Culpeper and compliance with applicable Town requirements.

All selected artists will execute individual agreements before undertaking commissioned work. Agreements will establish payment schedules, insurance and safety requirements, materials arrangements, cancellation remedies, and any project-specific terms. Selected artists must promptly notify the Town in writing if they become unable to participate or fulfill their obligations. The Town may appoint alternate artists, revise schedules, or make other appropriate arrangements. Any financial obligations arising from withdrawal or nonperformance will be determined under the applicable artist agreement.

Subject to applicable procurement law and Town policies, the Town reserves the right to amend or cancel this solicitation, reject any or all applications, seek clarification, waive minor informalities, revise project scope, decline to make an award, and negotiate terms with selected artists. Issuance of this RFP does not obligate the Town to award a contract.

Subject to applicable procurement law and Town policies, the Town reserves the right to reject any or all proposals; waive informalities; seek additional information; conduct interviews; negotiate terms with selected artists; select alternate artists; amend the scope or schedule; issue addenda; or cancel this solicitation prior to execution of an agreement.

SELECTION SCHEDULE

Milestone Date / requirement RFP issued / applications open Tuesday, October 27, 2026

Optional virtual pre-proposal conference

Wednesday, November 18, 2026; at 3:00 p.m.

Eastern Time.

Virtual meeting link:

https://us02web.zoom.us/j/86369722764?pwd= kaDCAYuOarMPNK431WQQVTSQXnV6YK .1

Deadline for written questions Tuesday, November 24, 2026, at 5:00 p.m.

Eastern Time

Proposals due Tuesday, December 1, 2026, at 5:00 p.m.

Eastern Time

Anticipated selection decision Monday, December 14, 2026 Target public announcement Thursday, December 17, 2026 All six artists’ designs due Monday, February 15, 2027

Target initial Town design feedback Wednesday, March 17, 2027 (within 30 calendar days)

Festival and live mural activities Saturday–Sunday, May 1–2, 2027 Panel competition winners / auction close Sunday, May 2, 2027

The above schedule is anticipated and may be revised by the Town through appropriate written notice or addendum. The target date for initial design feedback does not constitute automatic approval; written Town approval is required before painting begins.

ARTIST APPLICATION CHECKLIST

2027 Culpeper Arts Festival | Proposal deadline: December 1, 2026, at 5:00 p.m. Eastern Time ☐ Complete Offeror Information Form.

☐ Opportunity selected: mural panel, street mural, or both (Selection located on Offeror Information Form).

☐ Portfolio with 5–8 examples of completed artwork (PDF, image attachments, or accessible online portfolio link).

☐ Creative statement describing artistic approach, interests, and vision.

☐ Artist résumé, CV, or written summary of relevant experience.

☐ Submit by mail/hand delivery to Town of Culpeper, Attn: Procurement, 400 South Main St., Suite 105, Culpeper, VA 22701. Proposals may be submitted electronically at eva.virginia.gov. Please note offeror must be registered with eVA in order to submit electronically.

☐ Ensure the proposal is received by the stated deadline.

Before Submitting

Preliminary mural designs or renderings are not required.

Artists may apply for either or both opportunities, but each selected artist will receive one assignment.

All six opportunities are open to qualified artists regardless of residence.

Selected artists must attend both festival days, May 1–2, 2027.

Ensure any online portfolio links can be accessed by the selection committee.

Delivery schedule:

Procurement by the Town is governed by the Town of Culpeper Purchasing and Procurement Policy Manual, as amended, and the Virginia Public Procurement Act, Sections 2.2-4300 et seq. of the Code of Virginia, as amended. All Offerors are referred to the specific provisions of that Manual and law for guidance in dealing with Request for Proposals. If an inconsistency exists between the specifications of this Request for Proposal, the general provisions, Contract, or other included document, or the Purchasing and Procurement Policy Manual and Virginia Public Procurement Act, the inconsistency shall be resolved by giving precedence to the following documents in the following order:

1) Virginia Public Procurement Act, as amended,

2) Town of Culpeper Purchasing and Procurement Policy Manual, as amended,

3) The specifications of this Request for Proposal (this section I),

4) The Contract,

5) The general provisions of this Request for Proposal (Sections II – V).

B) Insurance Checklist

The minimum limits of the Contractor's liability coverage shall be as provided in this section. Insurance may be obtained from a single insurance company and policy or from multiple companies and policies. With all types of required insurance except Worker’s Compensation, the Contractor must add the Town as an additional insured. Proof of insurance and certificates showing the Town as an additional insured are not required at the Request for Proposal stage but are a condition precedent to the award of a Contract.

1) Worker's Compensation

X REQUIRED ____NOT REQUIRED

a) State........................................................................................Statutory

b) Applicable Federal .................................................................Statutory

c) Employer's Liability ...............................................................$100,000.

d) Benefits Required by Union Labor Contractors ....................As Applicable

2) Comprehensive General Liability (including Contractor's Protective: Products and Completed Operations; Broad Form Property Damage):

X REQUIRED _____NOT REQUIRED

a) Bodily Injury:

$1,000,000................................................Each Occurrence

$2,000,000................................................Aggregate, Products & Complete Operations

b) Property Damage:

$ 1,000,000...............................................Each Occurrence

$ 2,000,000...............................................Aggregate

c) Products and Completed Operations Insurance shall be maintained for a minimum period of one (1) year after final payment, and the Contractor shall continue to provide evidence of such coverage to the Owner on an annual basis.

d) Contractual Liability (Hold Harmless Coverage):

i) Bodily Injury:

$1,000,000..........................................Each Occurrence

$2,000,000..........................................Aggregate, Products & Complete Operations

ii) Property Damage:

$ 1,000,000.........................................Each Occurrence

$ 2,000,000.........................................Aggregate

e) Personal Injury, with Employment Exclusion deleted:

$ 2,000,000.........................................Aggregate

3) Comprehensive Automobile Liability (Owned, Non-Owned, Hired)

______REQUIRED x NOT REQUIRED

a) Bodily Injury:

$1,000,000................................................Each Occurrence

$2,000,000................................................Aggregate, Products & Complete Operations

b) Property Damage:

$ 1,000,000...............................................Each Occurrence

$ 2,000,000...............................................Aggregate

C) Type of Contract

The Town is anticipating the award of a contract on a _________ basis. (If the blank is not filled in, the Town anticipates awarding a contract on a firm fixed price basis.)

D) Questions and Comments Regarding Terms of the Request for Proposal and Modification of Terms

An Offeror may submit questions and comments regarding this Request for Proposal only to the Town Manager’s Designee(s) for this Request for Proposal. To receive an answer, all questions must be submitted no later than five (5) business (working) days before the due date. The Town may also issue clarifications or modifications of the terms of the Request for Proposal even if no Offeror requests it.

Any revisions to the terms of the Request for Proposal will be made only by written addendum issued by the Town Manager’s Designee, no later than three (3) days before the date set for submission of proposals. The Offeror will not rely on any information provided orally, or by anyone other than the Town Manager’s Designee.

E) Method for Submitting Proposal

Proposals shall be submitted at the specified location by the deadline. The responsible Town employee shall receive the proposals, open them, and announce the names of the Offerors who submitted Proposals. The contents of the proposals will not be made public except as provided in the provision on examination of documents, 0.

F) Offeror Information Form and Certifications

1) Offeror Information Form: The Offeror must complete and file responses to questions posed in the attached Offeror Information Form and demonstrate to the satisfaction of the Town that it has the capability to perform the Contract.

2) Certifications: The Offeror shall certify, through execution of the Certification portion of the Offeror Information Form, that the following statements are true and not misleading:

a) That its Proposal is made without any kickbacks or inducements or any prior understanding, agreement, or connection with any corporation, firm, or person submitting a Proposal for the same Goods, Services, Insurance or Construction, and is in all respects fair and without collusion or fraud;

b) That it is not currently debarred by the Commonwealth of Virginia or the Town from submitting Proposals on contracts for the Goods, Services, Construction or Insurance that is the subject of this Request for Proposal, nor is the Offeror an agent of any person or entity that is currently so debarred.

c) That it has not offered or conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than Nominal Value or minimal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

d) That to the best of its knowledge no Town official or employee having official responsibility for this Request for Proposal or member of his or her immediate family has received or will receive any financial benefit of more than Nominal

Value or minimal value relating to the award of this contract. If such a benefit has been received or will be received, this fact shall be disclosed with the Proposal or as soon thereafter as it appears that such a benefit will be received.

Failure to disclose the information required above may result in suspension or debarment of the Offeror, rescission of the Contract, or reduction in payment under the terms of the Contract of the value of such benefit.

e) That it has submitted a single Proposal. For purposes of this provision, the term “Offeror” includes all departments and divisions of a Business and all its Affiliates.

f) That it is satisfied, from its own investigation of the conditions to be met, that it fully understands its obligations if the Town awards it a Contract, and that it will not have any claim or right to cancellation or relief from the Contract because of any misunderstanding or lack of information.

3) Duty to supplement: If the Offeror becomes aware of any information which makes any part of the Offeror Information Form or Certifications no longer accurate or complete or reveals that any part of my previously submitted information is misleading, the Offeror will immediately bring that information to the attention of the Town Manager’s Designee.

G) Compliance with Directions

The Offeror shall comply with all procedural instructions that may be issued by the Town.

II) EVALUATION OF PROPOSAL

A) Net Prices and Delivery Terms; Tax Exemption and Responsibility

1) Net prices: Prices for Goods, unless otherwise specified, must be net, F.O.B. and include all charges that may be imposed in fulfilling the terms of the Contract including all applicable fees, with transportation and handling charges fully prepaid by the Contractor to destination in the Town of Culpeper, Virginia, unless otherwise specified in this Request for Proposal, and subject only to any discount for prompt payment that may be provided by Offeror. Extra charges not made a part of the Proposal price will not be allowed.

2) Default delivery schedule: Unless otherwise specified in the Specifications, delivery is to be made between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday except on Town holidays and days when inclement weather shuts the normal operations of the Town government. Delivery and invoicing must be received within 30 working days of receipt of purchase order.

3) Prices to remain firm: If a Contract is awarded, the prices offered by the successful Offeror shall remain firm for the period of the Contract unless expressly provided otherwise.

4) Tax exemption: The Town is exempt from state and federal taxes. The Town will not pay any tax charges assessed on Goods, Services, Construction or Insurance provided by the Offeror. The Town will not indemnify the Offeror against any tax charges. Any tax assessed against the Offeror as a result of the contract resulting from this Request for Proposal is the responsibility of the Contractor. However, when under established trade practice any Federal excise tax is included in the list price, the Offeror may quote the list price and shall show separately the amount of Federal tax, either as a flat sum or as a percentage of the list price, which shall be deducted by the Town.

B) Required Elements of Proposal Package

To be considered, the Offeror must submit by the Due Date and time a completed Proposal, the Offeror Information Form with Acknowledgement of Receipt of Addenda Form, and any other documents, samples, or information required by the terms of the Request for Proposal. Incomplete Proposals will be rejected as non-responsive unless the omitted material constitutes an Informality. Any Offeror which submits a Proposal agrees that such Proposal becomes the property of the Town and all costs incurred for its preparation are the responsibility of the Offeror.

1) Completed Request for Proposal forms:

Proposals shall simply and succinctly state the information needed to evaluate them under the Proposal Evaluation Framework provided by this Request for Proposal.

The Offeror may submit additional information and the Using Department may request additional information.

2) Required permits, bonds and licenses:

By submitting a Proposal, Offeror represents that it has or can acquire all necessary federal, state and local permits and all necessary licenses, including licenses to use intellectual or real property, as of the date of performance.

a) If this Solicitation is for Construction with a total cost of $100,000 or more or if the blank for bid bond is checked on the cover sheet of this Solicitation, the Vendor must provide a bid bond with its bid. If this Solicitation is for Construction with a total cost of $100,000 or more or if the blank(s) for performance and payment bonds are checked on the cover sheet of this Solicitation, the Vendor represents that it is able to obtain the required bond(s) before it begins performance under the Contract. If a Vendor fails to obtain a required performance or payment bond, the Town will reject the Vendor’s bid and, if a Contract is awarded to the next-lowest Responsive and Responsible

Bidder, the Town will call the bid bond of the Vendor who was unable to obtain the performance or payment bond. Bonding requirements are not waivable except by canceling the Solicitation and issuing a new one without the bond requirement.

3) Acknowledgment of receipt of all addenda:

The Vendor will complete and execute the Acknowledgment of Receipt of addenda form.

4) Descriptive literature and specifications:

a) Except where the Offeror intends to provide the Brand Names identified in the Request for Proposal or follow blueprints or similarly detailed specifications, the Offeror shall clearly and specifically identify the Goods, Services, insurance or Construction being offered and shall enclose complete and detailed descriptive literature and specifications with the Proposal to enable the Town to determine if the Proposal meets the requirements of the Request for Proposal. The Offeror is responsible for clearly and specifically indicating the Goods, Services, insurance or Construction being offered and for providing sufficient descriptive literature, samples, catalog cuts and/or technical detail to enable the Town to determine if the Proposal meets the requirements of the Request for Proposal. Only the information furnished with the Proposal will be considered in the evaluation.

Failure to furnish adequate data for evaluation purposes may result in declaring an Proposal non-responsive.

b) Unless the Offeror clearly indicates in its Proposal that the product offered is an “equal” product, its Proposal will be considered to offer the brand name product referenced in the Request for Proposal.

c) Unless otherwise expressly provided in the specifications, the name of a certain brand, make or manufacturer shall not restrict Offerors to the specific brand, make or manufacturer named but conveys the general style, type, character, and quality of the article desired. The Town Manager’s Designee for this Request for Proposal shall determine equivalency, considering quality, workmanship, economy of operation, and suitability for the purpose intended, including compatibility with existing equipment or facilities and the need for any specialized training, peripherals, supplies, and infrastructure.

C) Proposal Evaluation Framework

1) Evaluation committee: The Town Manager will appoint a committee to evaluate each Offeror’s Proposal on the basis of the evaluation framework provided in the specifications. Each member of the committee will evaluate each Proposal. Those evaluations will then be averaged and the averages referred to the committee for review.

a) For Professional Services, the committee will select for individual discussions two or more Vendors that the committee deems are fully qualified, responsible and suitable on the basis of the averaged committee evaluations. (However, if the committee determines in writing that only one Vendor is fully qualified, or that one Vendor is clearly more highly qualified and suitable than the others under consideration, a Contract may be negotiated and awarded to that Vendor.)

b) For Goods, Insurance or Non-Professional Services, the committee will select two or more Vendors that the committee deems are fully qualified and best suited among those submitting proposals, on the basis of the factors involved in this Solicitation. (However, if the committee determines in writing that only one Vendor is fully qualified, or that one Vendor is clearly more highly qualified than the others under consideration, a Contract may be negotiated and awarded to that Vendor.)

2) Negotiation and award of the Contract shall follow the Town Policy on Competitive Negotiation.

D) Determining if Offeror is Responsible

1) Award only to a “Responsible Offeror”: The Contract shall only be awarded to a Offeror that, through evidence submitted or information available to the Town, has shown that it is has the capability, in all respects, to perform fully the contract requirements and has shown that it has the moral and business integrity and reliability that will assure good faith performance.

2) Additional information: The Offeror, if requested, must present within two business days, evidence satisfactory to the Town of the Offeror’s ability to perform the Contract and possession of necessary facilities, pecuniary resources, and adequate insurance to comply with the terms of this Request for Proposal and any resulting Contract. The Town reserves the right to inspect the Offeror’s physical facilities and conduct additional investigation prior to award to satisfy questions regarding the Offeror’s capabilities.

3) Offeror in default: No Contract will be awarded to any Offeror that is in arrears, or is in default to the Town upon any debt, or that is a defaulter as surety or otherwise upon any obligation to the Town, until all such debts are paid. An Offeror which previously defaulted on a Contract with the Town may be disqualified for a period of time, depending on the size of the defaulted Contract and the circumstances of the default.

E) Exceptions to Terms of the Request for Proposal

Offerors are encouraged to use the question and comment process provided in paragraph I)D) of this Request for Proposal. An Offeror may take exception to the terms of the Request for Proposal by making the exceptions clear in writing attached to the Proposal and suggesting alternatives that will meet the Town’s needs as identified in the Request for Proposal. However, if the exceptions involve more than minor variations or if they negatively affect the price, quality, quantity or delivery schedule for the Goods or Services being procured, then the Offeror’s Proposal will be rejected.

F) Proposal Acceptance Period

Unless withdrawn under the terms of this provision or as otherwise provided in this Request for Proposal, the Offeror’s Proposal is binding upon the Offeror for at least ninety (90) calendar days following the Request for Proposal Due Date. This ninety calendar day acceptance period may be extended by mutual agreement of the Offeror and Town in writing signed by the Town Manager’s Designee and the Offeror’s Contact Person as identified on the Offeror Information Form. Offeror further agrees and understands that (except for the requirement to indemnify the Town for costs incurred in protection of the Offeror’s confidential information under V)C)3)) there is no binding agreement, no contractual relationship, no understanding nor mutual assent until a Contract is signed, executed and exchanged by and between the Offeror and the Town.

Except where the Town Manager, Procurement Officer, or other Town officer or employee is authorized to execute Contracts under Town Policy, no Contract with the Town can be executed or has any effect until the Town Council approves it by recorded affirmative vote.

III) METHOD OF AWARD OF CONTRACT

A) Negotiation and Award

At the conclusion of negotiations, the Town may award a contract to the Offeror with the best proposal. In the Town’s sole discretion, it may award contracts to more than one responsive and responsible Offeror.

B) Award in Whole or in Part

Based on its evaluation of Proposals as provided above, if the Town does not reject all Proposals it will award a Contract for all or part of the Procurement to the Offeror or Offerors submitting the best Proposal or Proposals with respect to the items in question.

A partial award will be made only where the subject of the Procurement permits division based on units, phase, or other elements separately priced in the Offeror submission.

C) Multiple Awards

Except with a Requirements Contract, a Contract for Non-Professional Services, or as expressly provided otherwise in the Specifications, the Town will award a single Contract.

IV) FORM OF CONTRACT AND RELATED DOCUMENTS

A) Use of Town Standard Form Contract

The Town expects to use its Standard Form Contract with the Offeror(s) selected for award of Contracts. If an Offeror wishes to use a different form, it must submit that form together with its Proposal. The terms of the Contract will then become a subject for negotiation.

B) Use of AIA and Similar Forms

If an Offeror wishes to use copyrighted forms, it shall provide the forms and indemnify the Town against any infringement by their use. All forms submitted for use are subject to amendment by the Town for consistency with State law, Town Policy, this Request for Proposal, and the best interests of the Town.

C) Differing Terms in Contractor-Supplied Forms

No term in an Offeror-supplied form may alter, contradict, or supersede the terms in this Request for Proposal and the resulting Contract.

V) MISCELLANEOUS

A) Authority of Agents

1) Offeror’s agent: Each Proposal, and any Contract, must be signed by a person authorized to bind the Offeror to a valid Contract with the Town. For a sole proprietorship, the principal may sign. The Town may require that any agent submit a power of attorney or other appropriate documentation showing the authority of the agent to act on the Contractor's behalf. If, whether such proof of agency has been demanded or not, it later appears that the signatory was not authorized to act, the Town may declare the Contract void if it is in its best interest to do so.

2) Town’s agent: The Town Manager has the final responsibility and full authority for issuance of invitations to bid, request for proposals, negotiations, placing and modifying invitations, requests, purchase orders and recommendations of award issued by and for the Town of Culpeper. Where permitted by Town Policy, the Town Manager may execute Contracts in the name of the Town. The Town Manager may delegate authority to Administrative staff by general assignment or by specific authorization in a Request for Proposal. No other Town officer or employee is authorized to add to, vary, or waive terms of the Request for Proposal, place purchase orders or issue notices to proceed, enter into purchase negotiations or contracts, or in any way obligate the Town for indebtedness. Any purchase order or contract made without authority is void ab initio. The Town will not honor or ratify any void action of its employees or agents.

3) Non-appropriation:

a) The authority of agents for the Town is limited by appropriations. In subsequent fiscal years, the Town may reduce or eliminate appropriations related to the procurement which is the subject of this Request for Proposal without liability to the Offeror or any third party.

b) By issuing this Request for Proposal, the Town Manager represents that sufficient appropriations have been made to meet the estimated cost of the procurement in the current fiscal year.

B) Cooperative Procurement

If authorized by the Offeror, any Contract resulting from this Request for Proposal may be extended to any governmental entity and other jurisdictions within the Commonwealth of Virginia, at its discretion.

C) Examination of Documents

Except as provided herein, all proceedings, records, Contracts and other public records relating to procurement transactions shall be open to the inspection of any citizen or representative of the news media in accordance with the Virginia Freedom of Information Act.

1) Estimates: Cost estimates relating to a proposed transaction prepared by or for a public body shall not be open to public inspection.

2) Prior to award: Any Offeror upon request shall be afforded the opportunity to inspect proposal records within a reasonable time after the opening/receipt of all Proposals, but prior to award, unless the Town decides not to accept any of the Proposals and to reissue the Request for Proposal. Otherwise, Proposal records shall be open to public inspection only after award of the Contract or the decision neither to award the Contract nor to reissue the Request for Proposal. Any inspection of Procurement transaction records under this section shall be subject to reasonable restrictions to ensure the security and integrity of the records.

3) Trade secrets: Trade secrets or proprietary information submitted by an Offeror in connection with a procurement transaction shall not be subject to public disclosure under the Virginia Freedom of Information Act if the Offeror invokes the protection of this provision in writing prior to or upon submission of the data or other materials, identifies the data or other materials to be protected, and states the reasons why protection is necessary. By asserting such trade secret or proprietary information privilege, the Offeror agrees to indemnify the Town for any costs, including attorney’s fees, incurred defending that Offerors’ protected information in any action under the Virginia Freedom of Information Act.

4) No requirement to state reasons for rejection: Nothing contained in this Request for Proposal shall be construed to require the Town to furnish a statement of the reasons why a particular Proposal was not deemed to be the most advantageous to the Town.

D) Definitions

Capitalized terms that are defined in the VPPA or Town Policy have the same meanings in this Request for Proposal as are given in that law or policy. Capitalized terms not defined in the VPPA or Town Policy but used in this Request for Proposal have the following meanings, unless the context clearly requires otherwise. Undefined terms have their common meanings appropriate to their context.

1) Town: The Town of Culpeper or its authorized agents. Unless the context clearly requires otherwise, such as for an affirmative vote of the elected body, the Town Manager or the Town Manager’s Designee may always act on behalf of the Town.

2) Town Manager’s Designee: The person designated as having authority to bind the Town with regard to this Request for Proposal and identified as such on the cover sheet of this Request for Proposal or by addendum.

3) Town Policy: The Town of Culpeper Public Procurement Policy, as amended.

4) Due Date: The date stated on the cover page of this Request for Proposal for receipt and opening of the Proposals.

5) Estimated Quantities: In this type of contract, the Town estimates its needs in advance and the Offeror bids prices for each of these items. The Town does not guarantee buying its estimated quantities or any given quantity from the selected Offeror, and may purchase the items covered by the award through other Procurement transactions. For each shipment of Goods, the Town will issue a purchase order.

6) Firm Fixed Price: In this type of contract, the Offeror submits a flat price for the entire Procurement. This does not preclude additions or deletions on a unit price basis where provided for in the Request for Proposal.

7) Hourly Rate: In this type of contract, the Offeror submits a stated hourly rate for the work to be performed. The Proposal may include reimbursement for incidental expenses, such as materials and travel, only if expressly provided for in the Request for Proposal.

8) Non-Professional Services: All services other than Professional Services.

9) On Call: Services that an Offeror makes available at an Hourly Rate when needed by the Town. No particular amount of work is guaranteed. If the Specifications do not give minimum response times or similar measures of performance, then it is implied that recognized industry standards or the Offeror’s published standards apply, whichever is more beneficial to the Town.

10) Percentage: In this type of contract, the Offeror is compensated with a percentage of the construction cost. The percentage is negotiated prior to any contract award.

11) Procurement: The receipt of Goods, Services, insurance or Construction by a public body from a nongovernmental source with payment from the public body or a third party.

12) Proposal: A proposal to provide the Goods, Services, Insurance or Construction identified in the specifications.

13) Requirements: In this type of contract, the Vendor submits an Offer to supply the Town’s needs for all Goods or Services meeting the specifications. Offers shall state the unit cost. Except in an emergency, the Town will not obtain the specified Goods from a different source. For each shipment of Goods or task, the Town will issue a purchase order.

14) Using Department: The Town’s Tourism department. The initial Contract Administrator will be Paige Read.

15) VPPA: The Virginia Public Procurement Act, Virginia Code §§ 2.2-4300 et seq.

E) Nondiscrimination; Participation of Small, Women-Owned, Minority-Owned, and Service Disabled Veteran-Owned Business

1) In general: The Town does not discriminate against Offerors because of race, religion, color, sex, national origin, age, disability, status as a service disabled veteran, or any other basis prohibited by state law relating to discrimination in employment. The Town does not discriminate against faith-based organizations on the basis of the organization’s religious character or impose conditions that restrict the religious character of the faith-based organization, except as permitted or required by law, or impair, diminish, or discourage the exercise of religious freedom by the recipients of such Goods, Services or disbursements. Any Offeror believing that it or another Offeror has been discriminated against on that basis should immediately make the Town Manager’s Designee aware of the basis for that belief.

2) Opt-out rights with faith-based organizations: If an award of Contract is made to a faith-based organization, and an individual who applies for or receives Goods, Services, or disbursements provided pursuant to that contract objects to the religious character of the faith-based organization from which the individual receives or would receive the Goods, Services, or disbursements, the Town shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursement from an alternative provider.

3) Facilitating disadvantaged businesses: It is the policy of the Town to facilitate the participation of small, women-owned, minority-owned, and service disabled veteran-owned businesses in all aspects of procurement to the maximum extent feasible. If awarded a contract, the Offeror will use its best efforts to carry out this policy and insure that small, women-owned, minority-owned, and service disabled veteran-owned businesses have the maximum practicable opportunity to compete for subcontract work, consistent with the efficient performance of this contract. If federal grant money is to be used to pay for this Procurement, then the specifications will indicate the extent of any specific participation required for small, women-owned, minority-owned, and service disabled veteran-owned businesses.

PROPOSAL EVALUATION FRAMEWORK

Factor Weight Artistic quality and originality 30 Relevant experience and technical ability 25 Creative statement and artistic vision 20 Ability to complete the proposed project within the required timeframe

Professionalism and community engagement 10

TOTAL 100

OFFEROR INFORMATION FORM

NAME OF REQUEST FOR PROPOSAL: _________________________________

REQUEST FOR PROPOSAL NO: ___________

Opportunity Selected: _____ Mural Panel _____ Street Mural _____ Both

A. SUBMITTING BUSINESS ENTITY IDENTIFICATION AND OWNERSHIP

DISCLOSURE

COMPANY:

CONTACT PERSON:

TITLE:

ADDRESS:

TELEPHONE: EMAIL:

FORM OF BUSINESS: __ Corporation __ General Partnership __ Sole Proprietor __ Other (specify): _____________

Is Offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 of the Virginia Code? ______ Yes/No ______ If so, what is the Offeror’s identification number issued by the SCC?