Traffic_Signal_Cabinet_Art_Wrap.pdf

REQUEST FOR QUALIFICATION

RFQu-26-0114

TRAFFIC SIGNAL CABINET ART WRAP

CITY OF PHOENIX

STREET TRANSPORTATION

200 W. WASHINGTON ST.

PHOENIX, AZ

85003

RELEASE DATE: October 15, 2025

DEADLINE FOR QUESTIONS: October 31, 2025

RESPONSE DEADLINE: November 7, 2025, 4:00 pm

City of Phoenix

REQUEST FOR QUALIFICATION

RFQu-26-0114

Traffic Signal Cabinet Art Wrap

1. INTRODUCTION

2. INSTRUCTIONS

3. SCOPE OF WORK

4. EVALUATION PROCESS

5. STANDARD TERMS AND CONDITIONS

6. SPECIAL TERMS AND CONDITIONS

7. DEFENSE AND INDEMNIFICATION

8. INSURANCE REQUIREMENTS

9. SUBMITTALS

10. PRICING PROPOSAL

Attachments:

A - Acceptance of Offer Form 2025

CC - Attachment - PTD Disadvantaged Business Enterprise - Small Business Participation Plan

Initial Plan

DD - Attachment - PTD Disadvantaged Business Enterprise - Small Business Participation Plan

Annual

EE - Attachment - Request for Substitution - Exemption

FF - Attachment - Certification of Full - Final Payments to DBE Firms

Request For Qualification #RFQu-26-0114 Title: Traffic Signal Cabinet Art Wrap

1. Introduction

1.1. Contact Information

Martin Rodriguez

Street Transportation

Email: martin.rodriguez@phoenix.gov

Phone: (602) 534-3440

1.2. Schedule of Events

The City reserves the right to change dates, times, and locations, as necessary. The City does not always hold a Pre-Offer Conference or Site Visit. All times in the Schedule of Events are

Local Phoenix, AZ Time.

To request a reasonable accommodation or alternative format for any public meeting, please contact the Procurement Officer (Martin Rodriguez) at (602) 534-3440/Voice or 711/TTY, or martin.rodriguez@phoenix.gov, no later than two (2) weeks prior to the meeting.

Solicitation Issue Date: October 15, 2025

Pre-Offer Conference (Non-Mandatory): October 29, 2025, 11:00am

Meeting link:

https://cityofphoenix.webex.com/cityofphoen ix/j.php?MTID=m57123581a3a4c96fa8921d a8ebbcfb06

Meeting number:

2349 216 3516

Password:

NqGqg68qR3M

Join by phone

+1-415-655-0001 US Toll

Access code: 2349 216 3516

Written Inquiries Due Date: October 31, 2025, 12:00pm

Offer Due Date: November 7, 2025, 4:00pm https://cityofphoenix.webex.com/cityofphoenix/j.php?MTID=m57123581a3a4c96fa8921da8ebbcfb06

2. Instructions

2.1. Description – Statement of Need

The City of Phoenix invites sealed offers for art design for traffic signal cabinet wrap for a three-year contract term, with two one-year options commencing on or about January 1, 2026, in accordance with the specifications and provisions contained herein or the “Effective Date” which is upon award by City Council, conditioned upon signature and recording by the City Clerk’s department, as required by the Phoenix City Code, whichever is later.

This solicitation is available through the City’s Procurement Portal. For technical support issues related to the City's Procurement Portal, Offeror may use the support bubble on the bottom right, or email procurement-support@opengov.com for any assistance. For other issues related to this solicitation please contact the procurement officer listed under Contact Information.

Notwithstanding the foregoing, this Agreement will terminate upon the earliest occurrence: by reaching the end of the term including any extensions exercised, or termination pursuant to the provisions of this Agreement.

2.2. Preparation of Offer

All forms provided must be completed and submitted with the Offer. The signed and completed

Conflict of Interest and Transparency form must be included or your Offer may be deemed non-responsive.

It is permissible to copy Submittal forms if necessary. Erasures, interlineations, or other modifications of the Offer must be initialed in original ink by the authorized person signing the

Offer. No offer will be altered, amended or withdrawn after the specified offer due date and time.

The City is not responsible for Offeror’s errors or omissions.

All time periods stated as a number of days will be calendar days.

It is the responsibility of all Offerors to examine the entire solicitation and seek clarification of any requirement that may not be clear and to check all responses for accuracy before submitting an offer. Negligence in preparing an offer confers no right of withdrawal after due date and time. Offerors are strongly encouraged to:

A. Consider applicable laws and/or economic conditions that may affect cost, progress, performance, or furnishing of the products or services.

B. Study and carefully correlate Offeror’s knowledge and observations with the solicitation and other related data.

C. Promptly notify the City of all conflicts, errors, ambiguities, or discrepancies that Offeror has discovered in or between the solicitation and other related documents.

D. The City does not reimburse the cost of developing, presenting or providing any response to this solicitation. Offers submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner. The Offeror is responsible for all costs incurred in responding to this mailto:procurement-support@opengov.com solicitation. All materials and documents submitted in response to this solicitation become the property of the City and will not be returned.

E. Offerors are reminded that the specifications stated in the solicitation are the minimum level required and that offers submitted must be for products or services that meet or exceed the minimum level of all features specifically listed in this solicitation. Offers offering less than any minimum specifications or criteria specified are not responsive and should not be submitted.

F. Offer responses submitted for products considered by the seller to be acceptable alternates to the brand names or manufacturer’s catalog references specified herein must be submitted with technical literature and/or detailed product brochures for the

City’s use to evaluate the products offered. Offers submitted without this product information may be considered as non-responsive and rejected. The City will be the sole judge as to the acceptability of alternate products offered.

G. Prices will be submitted on a per unit basis by line item, when applicable. In the event of a disparity between the unit price and extended price, the unit price will prevail unless obviously in error.

2.3. Fixed Offer Price Period

All offers shall be firm and fixed for a period of 180 calendar days from the solicitation opening date.

2.4. Obtaining a Copy of the Solicitation and Addenda

Interested Offerors may download the complete solicitation and addenda from the City's

Procurement Portal: https://procurement.opengov.com/portal/phoenix/projects/198663. Any interested Offerors without internet access may obtain this solicitation by calling the

Procurement Officer or picking up a copy during regular business hours at the City of Phoenix, Street Transportation Department, Goods & Services Procurement Division, 200 W Washington

Street, 5th Floor, Phoenix, AZ 85003. It is the Offeror’s responsibility to check the City's

Procurement Portal, read the entire solicitation, and verify all required information is submitted with their Offer.

2.5. Exceptions

Offeror must not take any exceptions to any terms, conditions or material requirements of this solicitation. Offers submitted with exceptions may be deemed non-responsive and disqualified from further consideration in the City’s sole discretion. Offerors must conform to all the requirements specified in the solicitation. The City encourages Offerors to send inquiries to the

Procurement Officer rather than including exceptions in their Offer.

2.6. Inquiries

All questions that arise relating to this solicitation should be directed via City’s Procurement

Portal and must be received by the due date indicated in the Schedule of Events. The City will not consider questions received after the deadline.

https://procurement.opengov.com/portal/phoenix/projects/198663

No informal contact initiated by Offerors on the proposed service will be allowed with members of City’s staff from date of distribution of this solicitation until after city council awards the contract. All questions concerning or issues related to this solicitation must be presented in writing.

The Procurement Officer will answer written inquiries in an addendum and publish any addenda on the City’s Procurement Portal.

2.7. Addenda

The City of Phoenix will not be responsible for any oral instructions made by any employees or officers of the City of Phoenix regarding this solicitation. Any changes will be in the form of an addendum. The Offeror must acknowledge receipt of any/all addenda through the City's

Procurement Portal.

2.8. Licenses

If required by law for the operation of the business or work related to this Offer, Offeror must possess all valid certifications and/or licenses as required by federal, state or local laws at the time of submittal.

2.9. Certifications

By signature in the Offer section of the Offer and Acceptance page(s), Offeror certifies:

• The submission of the Offer did not involve collusion or other anti-competitive practices.

• The Offeror must not discriminate against any employee, or applicant for employment in violation of Federal or State Law.

• The Offeror has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted Offer.

2.10. Submission of Offer

Offers must be in possession of the Department on or prior to the exact time and date indicated in the Schedule of Events. Late offers will not be considered. The prevailing clock will be the

City Department’s clock.

Offers should be submitted electronically via the City’s Procurement Portal by clicking on “Draft

Response” via https://procurement.opengov.com/portal/phoenix/projects/198663. Offerors that are unable to submit electronically should contact the Procurement Officer to discuss the logistics of hard copy submittals. Offerors must be registered with OpenGov by signing up via https://procurement.opengov.com/signup. Vendor training guides can be found at: https://opengov.my.site.com/support/s/article/ca6d1285-1e48-4a21-bb0d-715edb7794ed

Any original documents (such as bonds, guaranties, powers of attorney), if required by the solicitation, must be separately delivered to and received by the City on or prior to the exact time and date indicated in the Schedule of Events, with a clear indication of the Offer for which it is attributed.

https://procurement.opengov.com/portal/phoenix/projects/198663 https://procurement.opengov.com/signup https://opengov.my.site.com/support/s/article/ca6d1285-1e48-4a21-bb0d-715edb7794ed

It is the responsibility of the Offeror to ensure that the Offer is timely and to confirm that there are no technical reasons that any offer submitted electronically may be delayed. The date and time on the upload as received/stamped by the City’s Procurement Portal will provide proof of submission and verification whether the Offer was received on or prior to the exact time and date indicated in the Schedule of Events.

For assistance with submittals, vendors are welcome to use the OpenGov support chat (blue chat bubble in the bottom right corner) to connect with a member of OpenGov's support team who will be able to assist you with your submission.

Please DO NOT submit links to Google Docs, Dropbox Paper, or similar services. Your offer may be deemed non-responsive if your offer is supplied utilizing these services.

2.11. Withdrawal of Offer

At any time prior to the solicitation due date and time, an Offeror (or designated representative) may withdraw the Offer by clicking “Unsubmit Response” on the Offer submission via the City’s

Procurement Portal.

2.12. Offer Results

Offers will be opened on the offer due date, time and location indicated in the Schedule of

Events, at which time the name of each Offeror, and the prices may be read. Offers and other information received in response to the solicitation will be shown only to authorized City personnel having a legitimate interest in them or persons assisting the City in the evaluation.

Offers are not available for public inspection until after the City has posted the award recommendation on the City's Procurement Portal.

The City will post a preliminary offer tabulation on the City's Procurement

Portal: https://procurement.opengov.com/portal/phoenix/projects/198663 within five business days of the offer opening. The City will post the information on the preliminary tabulation as it was read during the offer opening. The City makes no guarantee as to the accuracy of any information on the preliminary tabulation. Once the City has evaluated the offers, the City will post an award recommendation on the City's Procurement Portal. By signing and submitting its

Offer, each Offeror agrees that this posting of the award recommendation to the City's

Procurement Portal effectively serves as the Offeror’s receipt of that notice of award recommendation. The City has no obligation to provide any further notification to unsuccessful

Offerors.

2.13. Special Requirements

In order for an RFQu response to be considered, the Offeror shall comply with Phoenix City

Code, 1969, Chapter 18, Article V, as amended, Equal Employment Opportunity Requirements.

Any questions in regard to these requirements shall be directed to the Equal Opportunity

Department, (602) 262-6790.

2.14. Qualification Criteria

Statement of Qualifications shall relate specifically to the following items, listed in general order of importance, for evaluation and selection purposes:

https://procurement.opengov.com/portal/phoenix/projects/198663

Qualification Criteria:

• Community Engagement and Collaboration

• Potential for a Successful Outcome

• Artistic Merit

2.15. Evaluation and Selection

After evaluating all submissions, the City may ask some or all the firms that submitted a response to participate in interviews. Upon completion of the evaluation process, the City may assign a detailed scope of work to the selected candidate and negotiate fees for services.

RFQu responses should be concise, well-organized per the requested information, clearly written and limited to no more than 20 pages including resumes. The review process places considerable emphasis on the responsiveness of the RFQu response to the requirements outlined above. RFQu responses that are not written specifically in response to this request cannot receive serious consideration.

All RFQu responses will be evaluated based on the criteria listed above in the Qualifications

Section of this RFQu.

The firms under consideration for this RFQu, will be evaluated in accordance with the solicitation by an Evaluation Committee and/or the Procurement Officer. The City reserves the right to request supplemental information that the Evaluation Committee deems necessary to make a selection. The Committee may be supplemented by outside professionals or professionals from other City departments who can provide additional expertise.

2.16. Agreement

The City will require the selected Offeror to participate in negotiations and to submit such cost, technical or other revisions of the submittals as may result from negotiations. The City shall draft all final contracts and documents that result from this RFQu.

The language contained in this RFQu and the Offeror's statement of qualifications will form the basis of any resulting Contract. However, this RFQu does not commit the City to enter a

Contract, to pay any costs incurred in the preparation of a submittal to this request or in subsequent negotiations, or to procure a contract for the project(s).

2.17. Certificates of Insurance

Upon notification of a recommended award, the Offeror will have 14 calendar days to submit a complete certificate of insurance in the minimum amounts and the coverages as required in the

Insurance Requirements of this solicitation. Insurance requirements are non-negotiable.

2.18. Award of Contract

Unless otherwise indicated, award(s) will be made to responsive, responsible Offeror(s) who are regularly established in the service, or providing the goods, contained in this solicitation and who have demonstrated the ability to perform in an acceptable manner.

A. Factors that may be considered by the City include:

1. Technical capability of the Offeror to accomplish the scope of work required in the

Solicitation. This may include performance history on past and current government or industrial contracts; and,

2. Demonstrated availability of the necessary manpower (both supervisory and operational personnel) and necessary equipment to accomplish the scope of work in the Solicitation; and,

3. Safety record; and,

4. Offeror history of complaints and termination for convenience or cause.

B. Notwithstanding any other provision of this solicitation, the City reserves the right to: (1) waive any immaterial defect or informality; or (2) reject any or all offers or portions thereof; or (3) reissue a solicitation.

C. A response to a solicitation is an offer to contract with the City based upon the terms, conditions, and specifications contained in the City’s solicitation. Offers do not become contracts until they are executed by the Chief Procurement Officer or Department

Director. A contract has its inception in the award, eliminating a formal signing of a separate contract. For that reason, all of the terms, conditions and specifications of the procurement contract are contained in the solicitation, and in any addendum or contract amendment.

2.19. Solicitation Transparency Policy

Commencing on the date and time a solicitation is published, potential or actual Offerors or respondents (including their representatives) shall only discuss matters associated with the solicitation with the Mayor, any members of City Council, the City Manager, any Deputy City

Manager, or any department director directly associated with the solicitation (including in each case their assigned staff, except for the designated Procurement Officer) at a public meeting, posted under Arizona Statutes, until the resulting contract(s) are awarded to all offers or responses are rejected and the solicitation is cancelled without any announcement by the

Procurement Officer of the City’s intent to reissue the same or similar solicitation.

As long as the solicitation is not discussed, Offerors may continue to conduct business with the

City and discuss business that is unrelated to the solicitation with the City staff. Offerors may not discuss the solicitation with any City employees or evaluation panel members.

Offerors may discuss their proposal or the solicitation with the Mayor or one or more members of the Phoenix City Council, provided such meetings are scheduled through the Procurement

Officer, and are posted as open meetings with the City Clerk at least 24 hours prior to the scheduled meetings. The City Clerk will be responsible for posting the meetings. The posted notice shall identify the participants and the subject matter, as well as invite the public to participate.

With respect to the selection of the successful Offerors, the City Manager and/or City Manager's

Office will continue the past practice of exerting no undue influence on the process. In all solicitations of bids and proposals, any direction on the selection from the City Manager and/or

City Manager's Office and Department Head (or representative) to the proposal review panel or selecting authority must be provided in writing to all prospective Offerors.

This policy is intended to create a level playing field for all Offerors, assure that contracts are awarded in public, and protect the integrity of the selection process. OFFERORS THAT

VIOLATE THIS POLICY SHALL BE DISQUALIFIED. After official Notice is received by the City for disqualification, the Offeror may follow the Protest process, unless the Solicitation is cancelled without notice of intent to re-issue.

“To discuss” means any contact by the Offeror, regardless of whether the City responds to the contact. Offerors that violate this policy will be disqualified until the resulting contract(s) are awarded, or all offers or responses are rejected and the solicitation is cancelled without any announcement by the Procurement Officer of the City’s intent to reissue the same or a similar solicitation. The City interprets the policy as continuing through a cancellation of a solicitation until Council award of the contract, as long as the City cancels with a statement that the City will rebid the solicitation.

2.20. Protest Process

Offeror may protest the contents of a solicitation no later than seven days before the solicitation deadline when the protest is based on an apparent alleged mistake, impropriety or defect in the solicitation. Protests filed regarding the solicitation may be addressed by an amendment to the solicitation or denied by the City. If denied, the opening and award will proceed unless the City determines that it is in the City’s best interests to set new deadlines, amend the solicitation, cancel or re-bid.

Therefore, unless otherwise notified by a formal amendment, the Protester must adhere to all solicitation dates and deadlines, including timely filing of an offer, regardless of filing a protest.

Offeror may protest an adverse determination issued by the City regarding responsibility and responsiveness, within seven days of the date the Offeror was notified of the adverse determination.

Offeror may protest an award recommendation if the Offeror can establish that it had a substantial chance of being awarded the contract and will be harmed by the recommended award. The City will post recommendations on the City’s Procurement Portal to award the contract(s) to an Offeror(s). Offeror must submit award protests within seven days after the posting of the award recommendation, with exceptions only for good cause shown, within the

City’s full and final discretion.

All protests will be in writing, filed with the Procurement Officer identified in the solicitation and include the following:

• Identification of the solicitation number;

• The name, address and telephone number of the protester;

• A detailed statement describing the legal and factual grounds for the protest, including copies of relevant documents;

• The form of relief requested; and

• The signature of the protester or its authorized representative.

The Procurement Officer will render a written decision within a reasonable period after the protest is filed. The City will not request City Council authorization to award the contract until the protest process is complete. All protests and appeals must be submitted in accordance with the

City’s Procurement Code, (Phoenix City Code, Ch. 43) and any protests or appeals not submitted within the time requirements will not be considered. Protests must be filed with the

Procurement Officer.

2.21. Public Record

All Offers submitted in response to this solicitation will become the property of the City and become a matter of public record available for review pursuant to Arizona State law. If an

Offeror believes that a specific section of its Offer response is confidential, the Offeror will isolate the pages marked confidential in a specific and clearly labeled section of its Offer response. An Offeror may request specific information contained within its Offer is treated by the

Procurement Officer as confidential provided the Offeror clearly labels the information

“confidential.” To the extent necessary for the evaluation process, information marked as

“confidential” will not be treated as confidential. Once the procurement file becomes available for public inspection, the Procurement Officer will not make any information identified by the

Offerors as “confidential” available to the public unless necessary to support the evaluation process or if specifically requested in accordance with applicable public records law. When a public records request for such information is received, the Procurement Officer will notify the

Offeror in writing of any request to view any portion of its Offer marked “confidential.” The

Offeror will have the time set forth in the notice to obtain a court order enjoining such disclosure.

If the Offeror does not provide the Procurement Officer with a court order enjoining release of the information during the designated time, the Procurement Officer will make the information requested available for inspection.

2.22. Late Offers

Late Offers must be rejected, except for good cause. If a late Offer is submitted, the Department will document the date and time of the submittal of the late Offer, keep the Offer and notify the

Offeror that its Offer was disqualified for being a late Offer.

2.23. Right to Disqualify

The City reserves the right to disqualify any Offeror who fails to provide information or data requested or who provides materially inaccurate or misleading information or data. The City further reserves the right to disqualify any Offeror on the basis of any real or apparent conflict of interest that is disclosed by the Offer submitted or any other data or information available to the

City. This disqualification is at the sole discretion of the City. By submission of a solicitation response, the Offeror waives any right to object now or at any future time, before any agency or body including, but not limited to, the City Council of the City or any court as to the exercise by the City of such right to disqualify or as to any disqualification by reason of real or apparent conflict of interest determined by the City. The City reserves the right to replace the disqualified

Offeror.

2.24. Contract Award

The City reserves the right to award a contract by individual line items, by group, all or none, or any other combination most advantageous to the City. The City reserves the right to award multiple contracts.

2.25. Determining Responsiveness and Responsibility

Offers will be reviewed for documentation of any required minimum qualifications, and completeness and compliance with the solicitation requirements. The City reserves sole discretion to determine responsiveness and responsibility.

Responsiveness: Nonresponsive Offers will not be considered in the evaluation process. The solicitation states criteria that determine responsiveness, and the solicitation includes terms and conditions that if included or excluded from Offers will render an Offer nonresponsive.

Responsibility: To obtain true economy, the City must conduct solicitations to minimize the possibility of a subsequent default by the Offeror, late deliveries, or other unsatisfactory performance that may result in additional administrative costs. It is important that the Offeror be a responsible Offeror. Responsibility includes the Offeror’s integrity, skill, capacity, experience, and facilities for conducting the work to be performed.

2.26. Evaluation of Competitive Sealed Offers

The City will use its discretion in applying the following processes to this solicitation. Any ties in scoring will be resolved with a best and final price request and the lowest price will prevail.

2.27. Detailed Evaluation of Offers and Determination of Competitive Range

During deliberations, the Evaluation Panel will reach a consensus score for each evaluation criterion except price. The Procurement Officer will score the price, which will be added to the overall consensus score. The overall consensus scores will determine the Offerors’ rankings and which offers are within the Competitive Range, when appropriate.

2.28. Offers Not Within the Competitive Range

The City may notify Offerors of Offers that the City determined are not in the Competitive

Range.

2.29. Discussions with Offerors in the Competitive Range

The City will notify each Offeror whose Offer is in the Competitive Range or made the ‘short list’ and provide in writing any questions or requests for clarification to the Offeror. Each Offeror so notified may be interviewed by the City and asked to discuss answers to written or oral questions or provide clarifications to any facet of its Offer. The Offerors in the competitive range may be required to provide a demonstration of their product.

Demonstrations - Offerors in the competitive range may be invited to construct a hands-on sample or presentation of their solution at the City of Phoenix. In addition, each finalist may prepare and deliver a presentation of their proposed solution based on the script developed by the evaluation panel. The City may also require a hands-on lab demonstration designed specifically for the evaluation panel. The results of the surveys will be tabulated and delivered to the evaluation team for the final review and solution selection session(s).

If an Offer in the Competitive Range contains conditions, exceptions, reservations or understandings to or about any Contract or Solicitation Scope requirement, the City may discuss or negotiate the conditions, exceptions, reservations or understandings during these meetings. But the City in its sole discretion may reject any and all conditions, exceptions, reservations and understandings, and the City may instruct any Offeror to remove the conditions, exceptions, reservations or understandings. If the Offeror fails to do so, the City may determine the Offer is nonresponsive, and the City may revoke its determination that the Offer is in the Competitive Range.

To the fullest extent permitted by law, the City will not provide any information, financial or otherwise, to any Offeror about other Offers received in response to this solicitation. During discussions with Offerors in the Competitive Range, the City will not give Offerors specific prices or specific financial requirements that Offerors must meet to qualify for further consideration.

The City may state that proposed prices are too high with respect to the marketplace or otherwise unacceptable. Offerors will not be told of their relative rankings before Contract award.

3. Scope of Work

3.1. Scope

The Artist shall complete the design for the Artwork and all Services in accordance with the schedule as agreed upon by the parties in writing. The parties hereby recognize that time is of the essence and that timely completion of the Services and Work is necessary.

The Scope of Services consists of design and creation; the Artist shall create a design and translate the design into a high-resolution digital file, which must be supplied to the City Street

Transportation Department representatives. The City will engage a third-party contractor(s) to print the work onto vinyl and install the Work onto the traffic signal cabinets. Prior to final acceptance of the Work, the Artist shall provide a final design proposal for approval by the City.

The Artist shall finalize the design based upon feedback from the City and the Project Design

Team and complete the design of the Work. The City will hire and manage the fabrication and installation contractor(s) separately. The Work shall be subject to the City’s general review and approval.

3.2. Responsibilities of the Artist

A. In addition to the other responsibilities set forth in this Agreement, the Artist shall complete the Work in a timely manner in accordance with this Agreement and will observe and comply with all prevailing federal, state, and local laws, ordinances, regulations, and requirements that in any way affect the Services and/or work to be provided under this Agreement.

B. The Artist shall perform all services and furnish all supplies, materials, and/or equipment as necessary for the design of the Work in accordance with the schedule required by this

Agreement. Services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement.

C. The Artist shall attend meetings in person, virtually, or by phone with the City or other parties, as appropriate, to communicate about the Work and ensure appropriate integration and/or installation of the Work.

D. Until the Work is complete, has been accepted by the City, and has been installed, the

Artist shall not release information about the work to third parties or post or share information or photos about the Work online in any form, including but not limited to email, websites, message boards, blogs, or social networking websites, without prior written permission from the City.

E. The Artist has the option to participate, at no additional cost to the City, in at least one public event, such as a “Meet the Artist” event, or the public dedication of the Work as staged or planned by the City. Such events shall be timed to the extent possible to occur when the Artist is available.

F. The Artist agrees that the City shall have the right to review the final Work and request changes to ensure the Work meets the project’s goals. The Artist agrees that any such requested changes will be made and that such changes will be made in consultation with the Project Design Team. The Artist shall determine the artistic expression, scope, design, color, size, material, and texture of the Artwork, in coordination with the Project

Design Team.

G. The Artist shall not assign any of his or her obligations under this Agreement without the express written consent of the City. This provision shall not prevent the Artist from subcontracting for obligations that do not require his or her artistic talents.

3.3. Responsibilities of the City

A. Engage a third-party contractor(s) for printing and installing the Work onto vinyl and traffic signal cabinets.

B. Provide feedback to the Artist for finalizing the design.

C. Manage fabrication and installation contractor(s) separately.

D. Organize public events as agreed upon, in consultation with the Artist.

3.4. Design Guidelines

Designs submitted shall exclude:

• Art submittals shall not depict political (including campaign signs, ballot initiatives, referendums, etc.), or religious themes;

• Obscene, profane, pornographic, or scatological act, gesture, or language;

• Artwork or words that demean or disparage a person or group of persons;

• Artwork that contains an image or description of graphic violence, including but not limited to violence to persons or animals, or the depiction of weapons or other implements or devices used in acts of violence or harm to people or animals;

• Sale or use of alcohol, tobacco, or drug products and paraphernalia;

• Unlawful or illegal behavior or activities;

• Promotion or advertising of gambling the design will not contain words reserved for traffic control devices such as “stop”, “drive”, “danger”, etc., or any other word, phrase, or symbol likely to interfere with or mislead bicycle, pedestrian or vehicular traffic.

• The design must be of a lighter color palette to minimize excessive heat build-up within the traffic control cabinet. Predominantly black or dark color palettes will not be approved.

3.5. Payments to the Artist

The City shall compensate the Artist an amount not to exceed One Thousand Five Hundred

Dollars ($1,500.00) for each individual design request. This amount shall constitute the full payment for all services the Artist shall perform, including necessary materials and fees, the development of the initial concept, design documentation, contingencies, related travel, and necessary or out-of-pocket costs and expenses associated with the Work and the other

Services required herein.

A. Invoices. The Artist shall be responsible for the preparation and submission of invoices for the initial design fee at the conclusion and acceptance of their work.

B. Sales, Use, or Privilege Taxes. The Artist shall be responsible for any sales, use or privilege tax arising by virtue of, or which might be required to be paid as a result of, this

Agreement.

C. Income Taxes. The City shall report payments made to the Artist in a 1099 form submitted annually to the Internal Revenue Service during the term of the Agreement.

The Artist shall be responsible for payment of federal and state income taxes on any income arising from this Agreement.

3.6. Termination

A. TERMINATION BY CITY

The City and the Artist hereby agree to the full performance of the covenants contained herein, except that the City reserves the right, in its discretion and with or without cause, to terminate this Agreement or any portion(s) thereof, or to abandon any portion of the

Scope of Work at any time during the term of this Agreement. In the event the City so terminates or abandons, the City will notify the Artist in writing, and immediately after receiving such notice, the Artist shall discontinue advancing the Work and Services under this Agreement and proceed to close applicable operations under this Agreement.

Upon such termination or abandonment, the Artist shall deliver to the City all work relating to the preparation of the Final Artwork Design Documentation, entirely or partially completed in accordance with this Agreement. This includes all digital artwork, schematics, construction-ready ready, and other drawings, materials, data, and all plans.

B. TERMINATION BY ARTIST

The Artist may terminate this Agreement only if the City substantially fails to perform the

City’s responsibilities as provided herein. In the event of termination of this Agreement by the Artist, all finished or unfinished work relating to the preparation of the Final

Artwork Design Documentation paid for by the City shall become the property of the City.

C. DEATH OR INCAPACITY OF THE ARTIST

In the event of the death or incapacity of the Artist, this Agreement shall automatically terminate. Neither the Artist nor the estate of the Artist shall have any further right to perform hereunder and shall cede control of the work in accordance with Section VII(A).

The City will pay the Artist the compensation payable for any Services rendered prior to such termination not heretofore paid, reduced by the amount of additional costs that will be incurred by the City by reason of such termination.

D. BANKRUPTCY OR DISSOLUTION OF ARTIST

The Artist’s dissolution as an entity or the filing of a voluntary or an involuntary petition in bankruptcy by or otherwise naming the Artist shall automatically terminate this

Agreement and the Artist shall not have any further right to perform hereunder and shall give up control of the Final Artwork Design Documentation, and any related plans, documents, and materials to the City. The City, subject to court order to the contrary, will pay the Artist for any Services rendered prior to such termination not heretofore paid, reduced by the amount of additional costs which will be incurred by the City by reason of such termination.

3.7. Ownership and intellectual Property Rights

A. Except in the event of a termination of this Agreement by the City or as otherwise provided in this Agreement, the Artist retains: (i) all rights accruing under the Copyright

Act of 1976, 17 U.S.C. § 106A, the Visual Artist Rights Act of 1990 (“VARA”); and (ii) all other rights expressly granted in this Agreement, as well as any and all other intellectual property rights in the Final Artwork Design Documentation, whether statutory or common- law, international, federal, state or local, except as provided in this Agreement.

B. The Artist may, at the Artist’s expense, cause to be registered, with the United States

Register of Copyrights, a copyright of the Artwork Design in the Artist’s name. If such copyright is obtained, the Artist shall provide the City with a copy of the application for registration, the registration number, and the effective date of registration.

C. The Artist hereby grants the City a perpetual, non-exclusive, and royalty-free right and license to use and display any and all work products produced under or as a result of this Agreement, and any reproductions of such work products, and to loan such work products to other institutions with authority to display it publicly, including use on the internet and other electronic formats.

D. The Artist hereby non-exclusively licenses and authorizes the City to make, and to authorize the making of, photographs and other two-dimensional representations of any work products that result from the provision of the Services provided for hereunder for educational, public relations, arts promotional, and other non-commercial purposes. For the purposes of this Agreement, the following are among those deemed to be reproductions for non-commercial purposes: brochures and pamphlets pertaining to the

City; City-purchased advertising that promotes programs and services of the City;

reproductions in exhibition catalogues, books, photographs, postcards, posters, and calendars; digital reproductions for e-newsletters, websites, social media, and video documentation; reproductions in art magazines, art books and art and news sections of newspapers; reproductions in general books and magazines not primarily devoted to art but of an educational, historical or critical nature; and reproductions on television from stations operated for educational purposes or on programs for educational purposes from all stations. Whenever possible, on any and all such reproductions, the City will place a copyright notice in the form and manner required to protect the copyright in the results of the Services, as applicable, compliant with Section 401 of the Copyright Act of

1976 as amended, or any successor Act.

E. The City agrees that unless the Artist requests to the contrary in writing, all references to the Final Artwork Design Documentation or the other work products produced under this

Agreement and all reproductions shall identify the Artist. The Artist agrees that whenever practicable, all formal references to the Services provided under this Agreement, any work products, and the Artwork Design shall include the following credit line:

“Commissioned by the City of Phoenix, through the Phoenix Office of Arts and Culture.”

3.8. Intellectual Property Indemnification

The Artist agrees to indemnify, defend, and hold harmless the City and its officers, agents, and employees from and against all Claims (as defined below) suffered or incurred by the City as a result of any claim that the Artwork, the Artwork Design, or any other work or service provided by the Artist in connection with this Agreement, infringes any patent, copyright, trademark, trade secret, or other intellectual property right(s) of a third party.

3.9. Removal or Relocation

Notwithstanding any provision of law, including but not limited to VARA, the parties agree that removal, destruction, or relocation of the Artwork may occur in accordance with the Street

Transportation Department guidelines. Circumstances may arise that would make it prudent or desirable for the City to remove the Artwork from public display. The Parties hereby acknowledge that (i) the Artwork when installed shall be incorporated within and made a part of the Project in such a way that removing the Artwork from the Project, or destruction or modification of the Project, may cause the destruction, distortion, mutilation, or other modification of the Artwork; and (ii) the Artwork shall be the property of the City.

The City agrees that it will not consent to intentional alteration, modification, change, destruction of or damage to the Artwork without consulting the Artist; provided, however, that notwithstanding the foregoing and the rights of integrity conferred by 17 U.S.C Section

106(A)(a) and any other similar rights granted by federal or state law the City shall have the right, consistent with its ownership of the Artwork, to alter, modify, change, or destroy the

Artwork after reasonable consultation with the Artist. "Alteration" of the Artwork includes, but is not limited to, a change in the interrelationship or relative locations of parts of the Work.

In the event of any alteration or damage, whether intentional, accidental, within or without the control of the City or otherwise, the Artist shall have the right to disclaim authorship of the

Artwork; and upon written request of the Artist to the City, shall remove the identification plaque at its expense. The Artist may take such other action as the Artist may choose in order to disavow the Artwork.

Notwithstanding the foregoing, and to the extent practicable, the Artist shall have the opportunity to comment on all alterations of, repairs to, and restorations of the Artwork made during the

Artist’s lifetime. The City will give written notice to the Artist prior to undertaking alterations, repairs, or restoration of the Artwork, and the Artist shall have thirty (30) days from the date that the notice is sent by the City to advise the City, as specified in the notice, of the Artist’s wish to so comment. Notice will only be sent by the City to the address provided by the Artist, in keeping with the Communications provision of this Agreement in Section VIII(B). The Artist understands that the City’s repairs and restoration of the Artwork will be limited and determined in significant part by funding decisions of the City, in which decisions the Artist understands are within the sole discretion of the City. If the Artist is not available to comment on repairs or restoration, the City agrees that any repairs and restorations will reasonably retain the Artist’s conceptual intent.

4. Minimum Qualifications OR Evaluation Criteria

In accordance with the Administrative Regulation 3.10, Competitive Sealed Proposal awards shall be made to the responsive and responsible Offeror(s) whose Offer is determined in writing to be the most advantageous to the City based upon the evaluation criteria listed below.

The evaluation factors are listed in the relative order of importance and more details are provided in Scope of Work. The Weight (Points) for each Evaluation Criteria are the maximum points that may be assigned for that Criteria. The following evaluation criteria will be used to evaluate all Offers:

No. Evaluation Criteria Scoring Method Weight (Points)

1. Artistic Merit

Works samples demonstrate strong artistic vision and consistency across the artist’s body of work

0-5 Points 5 (25% of Total)

2. Potential for a Successful Outcome

Letter of Interest demonstrates relevant experience and clearly states mural, design, vinyl wrap, etc. installation methods.

0-10 Points 10 (50% of Total)

3. Community Engagement and

Collaboration

Application materials show experience or interest in engaging with the community and collaborating with partners.

0-5 Points 5 (25% of Total)

5. Standard Terms and Conditions

5.1. Definition of Key Words Used in the Solicitation

Shall, Will, Must: Indicates a mandatory requirement. Failure to meet these mandatory requirements may result in the rejection of Offer as non-responsive.

Should: Indicates something that is recommended but not mandatory. If the Offeror fails to provide recommended information, the City may, at its sole option, ask the Offeror to provide the information or evaluate the Offer without the information.

May: Indicates something that is not mandatory but permissible.

For purposes of this solicitation, the following definitions will apply:

“A.R.S.” Arizona Revised Statute

“Buyer” or “Procurement Officer” City of Phoenix staff person responsible for the solicitation.

The City employee or employees who have specifically been designated to act as a contact person or persons to the Contractor, and responsible for monitoring and overseeing the

Contractor's performance under this contract.

"City" The City of Phoenix

"Contractor" The individual, partnership, or corporation who, as a result of the competitive process, is awarded a contract by the City of Phoenix.

"Contract” or “Agreement" The legal agreement executed between the City of Phoenix, AZ and the Contractor.

“Days” Means calendar days unless otherwise specified.

“Chief Procurement Officer” The contracting authority for the City of Phoenix, AZ, authorized to sign contracts and amendments thereto on behalf of the City of Phoenix, AZ.

“Employer” Any individual or type of organization that transacts business in this state, that has a license issued by an agency in this state and employs one or more employees in this state.

Employer includes this state, any political subdivision of this state and self-employed persons. In the case of an independent contractor, employer means the independent contractor and does not mean the person or organization that uses contract labor. (A.R.S. 23-211).

“Offer” Means a response from a Supplier, Contractor, or Service Provider to a solicitation request that, if awarded, binds the Supplier, Contractor, or Service Provider to perform in accordance with the contract. Same as bid, proposal, quotation or tender.

“Offeror” Any Vendor, Seller or Supplier submitting a competitive offer in response to a solicitation from the City. Same as Bidder or Proposer.

“Solicitation” Means an Invitation for Bid (IFB), Request for Proposal (RFP), Request for

Quotations (RFQ), Request for Qualifications (RFQu) and request for sealed Offers, or any other type of formal procurement which the City makes public through advertising, mailings, or some other method of communication. It is the process by which the City seeks information, proposals, Offers, or quotes from suppliers.

“Suppliers” Firms, entities or individuals furnishing goods or services to the City.

“Vendor or Seller” A seller of goods or services.

5.2. City’s Vendor Self-Registration and Notification

Vendors must be registered in the City’s Procurement Portal at https://procurement.opengov.com/portal/phoenix to respond to solicitations and access procurement information.

Vendors must also be registered in the City’s procurePHX Self-Registration System at https://www.phoenix.gov/procure prior to contract execution.

The City may, at its sole discretion, reject any offer from an Offeror who has not registered.

5.3. Business in Arizona

The City will not enter contracts with Offerors (or any company(ies)) not granted authority to transact business, or not in good standing, in the state of Arizona by the Arizona Corporation

Commission, unless the Offeror asserts a statutory exception prior to entering a contract with the City.

5.4. Contract Interpretation

A. Applicable Law:…