Request for Proposal
Central Subway Chinatown Station: Fabrication of Tomie Arai Artwork in Glass
UPDATE October 19, 2018: Responses to questions received can be downloaded here.
Artist Tomie Arai was selected to design a multi-part artwork for two locations at the Central Subway Chinatown Station. This RFP is for the fabrication and delivery of this artwork. A PDF of the RFP including all Sections and Appendices can be downloaded here. The below text is of Sections I – IX.
Introduction and Schedule
Scope of Work
Evaluation and Selection Criteria
Terms and Conditions for Receipt of Proposals
Project Funding Regulations
Appendices (find in downloadable pdf):
A. Approved Artwork Design Drawings and Specifications – attached as separate document
B. Artist’s Renderings of Artwork Concepts for Informational Purposes
C. Standard Forms: Listing and Internet addresses of Forms related to Taxpayer Identification Number and Certification, to Business Tax Declaration, and to Chapters 12B and 12C, and 14B of the S.F. Administrative Code.
D. Agreement for Professional Services (form FTA Fabrication Contract Template) – attached as separate document
I. Introduction and Schedule
Tomie Arai was selected to design a multi-part artwork for two locations at the Central Subway Chinatown Station. Location One is three exterior sides of the above ground entrance to the station and Location Two is the north and south walls of the station platform. The artwork at Location One is approximately 119 feet wide, and varies in height from 7 feet 6 inches to 4 feet 9 inches; it wraps around the three sides of the above ground entrance to the station, and consists of 55 panels of glass. The artwork at Location Two consists of two artworks, each approximately 17 ½ feet high by 18 feet wide. Each is composed of 25 panels, for a total of 50 panels.
This Request for Proposals is for the fabrication and delivery of this artwork and templates. A vendor is required to work with the artist to further develop the specification by producing up to six additional glass samples up to 24” x 24” in consultation with the artist; fabricate the artwork components in accordance with the artist’s instructions and per the drawings and specifications, which includes; fabricate custom glass panels; fabricate templates for each panel to be used by installer during installation of support framing; and provide fittings and fasteners as specified. The fabricated artwork and components will be packaged and delivered to the Central Subway General Contractor’s off-site storage no later than March 31, 2019. Artwork will be installed by the General Contractor.
The anticipated schedule for selecting a fabricator is:
Proposal Phase Date
RFP is issued by the City October 11, 2018
Deadline for submission of written questions
or requests for clarification October 16, 2018
Responses to questions posted October 19, 2018
Deadline for Proposals – Part 1: Qualifications and
Cost Proposal October 26, 2018
Notification of results of Part 1 November 2, 2018
Deadline for Proposals – Part 2: Material Samples November 30, 2018
II. Scope of Work
Work with the artist to further develop the specification by producing up to six additional glass samples up to 24” x 24” in consultation with the artist. Fabrication of glass panels with artwork imagery per design and specifications. Fabrication of templates for each of the glass panels to be used during installation of support framing. Templates shall be minimum ½ inch plywood to prevent warping/deformity, and exterior grade plywood or equivalent material for exterior locations. Provide fittings and fasteners, per design and specifications. Artwork elements to be properly packaged and delivered to General Contractor’s storage site. The General Contractor shall provide for: installation of art glass panels, supply of support framing, including flashing and closure plates, installation of fittings and fasteners, supply of sealant and installation of sealant joints.
See Appendix A for Artwork Design Drawings and Specifications.
The Scope of Work is to be used as a general guide and is not intended to be a complete list of all work necessary to complete the project.
The following are work tasks assumed necessary to fabricate artwork for the Tomie Arai Chinatown Station. Proposing teams may suggest a modified scope as part of their proposal.
1. Provide Shop Drawings for review and approval by Artist and Arts Commission staff.
2. Meet with General Contractor’s art installer prior to beginning fabrication to review shop drawings, architectural drawings and installation procedure.
3. Produce up to 6 fabrication samples with imagery as represented by the Artist’s design for approval by the Artist and Arts Commission staff.
4. Fabricate artwork per “Artwork Design Drawings and Specifications” (Appendix A) and approved samples and revised specifications based upon material sample review.
5. Fabricate templates for each of the artwork panels. Templates shall be minimum ½ inch plywood to prevent warping/deformity, and exterior grade plywood or equivalent material for exterior locations.
6. Package and transport panels and templates to the General Contractor’s storage site located within the City and County of San Francisco.
7. Fabricator to be available for on-site consultation before and during artwork installation.
NOTE: Bid should indicate a production timeline for this work.
III. Submission Requirements
Time and Place for Submission of Proposals – 2 Part Process
Part 1: Qualifications and Cost Proposal
Part 1, Qualifications and Cost Proposal, must be received by 5:00 p.m., on October 26, 2018. Late submissions will not be considered. Postmarks will not be considered in judging the timeliness of submissions. Proposals that are submitted by fax will not be accepted. Proposals must be delivered to:
San Francisco Arts Commission
Attn: Mary Chou
401 Van Ness Avenue, Suite 325
San Francisco, CA 94102
Part 1: Format
- Submit all proposal materials (except material sample) printed on standard white 8 ½ x 11 paper and unbound. If your response is lengthy, please include a Table of Contents.
- In addition to submitting a hardcopy of the proposal, please also provide a digital copy of the proposal in PDF format by the deadline. The digital copy may be sent via email to firstname.lastname@example.org or delivered with the proposal materials on a CD.
Part 1: Content
Introduction and Executive Summary (up to 1 page)
Submit a brief letter of introduction and executive summary of the proposal. The letter must be signed by a person authorized by your firm to obligate your firm to perform the commitments contained in the proposal. Submission of the letter will constitute a representation by your firm that your firm is willing and able to perform the commitments contained in the proposal. Your letter must acknowledge receipt of all issued bid addenda.
Project Approach (up to 1 page)
Describe the services and activities that your firm proposes to provide to the City.
Include the following information:
- Overall scope of work tasks; and
- Schedule and ability to complete the project within the City’s required time frame of March 31, 2018; and
- Assignment of work within your firm’s work team or subcontractors.
Firm Qualifications (up to 3 pages)
Provide information on your firm’s background and qualifications which addresses the following:
- Name, address, and telephone number of a contact person; and
- A brief description of your firm, as well as how any joint venture or association would be structured; and
- A description of not more than three projects similar in size and scope for each type of artwork prepared by your firm including client, reference and telephone numbers, staff members who worked on each project, budget, schedule and project summary. If joint consultants or sub-consultants are proposed provide the above information for each.
- Photographic documentation of three projects
Team Qualifications (up to 1 page)
Provide a list identifying: (1) each key person on the project team, (2) the project manager, (3) the role each will play in the project, and (4) a written assurance that the key individuals listed and identified will be performing the work and will not be substituted with other personnel or reassigned to another project without the City’s prior approval.
The City intends to award this contract to the firm that it considers will provide the best overall program services for the best value. The City reserves the right to accept other than the lowest priced offer and to reject any proposals that are not responsive to this request.
Please provide a cost proposal in a sealed envelope that includes the following:
Proposed Project Budget with Line Item costs
Estimate for production and delivery of 2 Glass Samples
An estimate for two 24” x 24” glass fabrication samples based on files to be provided by the SFAC. If the proposer scores within a competitive range, the top proposers will be asked to provide material samples, and the proposers will be reimbursed for the reasonable costs of producing and shipping the samples.
Part 2: Material Samples
Top scoring proposers will be invited to supply two 24” x 24” glass fabrication samples per the “Fabrication Samples Drawings and Specifications.” Invited proposers should use the SFAC provided digital Artwork files as the basis for the sample. To obtain digital Artwork filed for sample, please contact Mary Chou at: email@example.com
Samples must be received no later than November 30, 2018 at 5 PM, to:
San Francisco Arts Commission
Attn: Mary Chou
401 Van Ness Avenue, Suite 325
San Francisco, CA 94102
IV. Evaluation and Selection Criteria
The selection process used by the Arts Commission for the Central Subway Artwork projects follows City and FTA procurement guidelines.
A. Minimum Qualifications
Minimum qualifications for proposals include: Demonstrated experience working with artists to translate an artist’s design and fabricate artwork imagery onto durable materials resulting in a permanent public artwork of similar size and complexity as this project; adequate staff to complete project within designated time frame.
Any proposal that does not demonstrate that the proposer meets these minimum requirements by the deadline for submittal of proposals will be considered non-responsive and will not be eligible for award of the contract.
B. Selection Criteria
The proposals will be evaluated by a selection committee comprised of parties with expertise in fine arts project management, the Artist for this project and a project design team professional. The City intends to evaluate the proposals generally in accordance with the criteria itemized below. The review will be a two-part process. Part 1 will be an evaluation of Criteria 1 – 3. If the proposer scores within a competitive range, the top proposers will be asked to provide material samples, Criteria 4. Part 2 will be an evaluation that considers all 4 criteria in the final selection.
- Project Approach (1-10 points, 1=low score)
Understanding of the project and the tasks to be performed, etc. (5 pts.)
Reasonableness of work schedule. (5 pts.)
- Proposed Cost (1 – 30, 1=low score)
The lowest responsive Cost Proposal will obtain the full points, with other Qualified Proposer’s points calculated as follows:
Points Scored = (Lowest Responsive Cost Proposal Price)/(Qualified Proposer’s Cost Proposal Price) X Maximum Points
- Qualifications and Experience (1-30 points, 1=low score)
Professional qualifications and Expertise of the firm and any proposed sub-consultants, and Experience of the firm and any proposed sub-consultants with similar projects (30 pts); and
- Quality of Material Sample (1-30 points, 1=low score)
Clarity of image, fidelity to Artist’s imagery and architectural design provided for sample, consistency of finish, quality of imagery contrast, etc.(30 pts)
V. Contract Award
Based on the selection criteria identified, the Evaluation Committee will identify all proposals that are in the competitive range that may allow them to be selected for award. Following discussions, and receipt of Best and Final Offers (BAFO) from the Proposers the Evaluation Committee will select the highest scoring Proposer and forward its recommendation to the San Francisco Arts Commission for approval. The Proposer will then be required to contract with the City and County of San Francisco for the fabrication and delivery of the artwork. The selection of any proposal by the San Francisco Arts Commission shall not imply acceptance by the City of all terms of the proposal, which may be subject to further negotiations and approvals before the Artist and City may be legally bound thereby. If a satisfactory contract cannot be negotiated in a reasonable time the Arts Commission, in its sole discretion, may terminate discussions with the highest ranked proposer and begin discussions with the next highest ranked proposer.
Required Contract Forms
The highest ranked proposer will be required to enter into a contract for the entire duration of the project with the City and County of San Francisco for an artwork for Central Subway. Contractors should review the Arts Commission Federal Transit Administration (FTA) template fabrication contract for contractors which can be found as Appendix D. While some items specific to individual project such as scope of work, payment schedule and schedule of deliverables may be negotiated, the terms of the contract will not be changed. (Please note that the FTA contract differs from the standard City of San Francisco Contract Template.)
VI. Terms and Conditions for Receipt of Proposals
Errors and Omissions in RFP
Proposers are responsible for reviewing all portions of this RFP. Proposers are to promptly notify the Department, in writing, if the proposer discovers any ambiguity, discrepancy, omission, or other error in the RFP. Any such notification should be directed to the Department promptly after discovery, but in no event later than five working days prior to the date for receipt of proposals. Modifications and clarifications will be made by addenda as provided below.
Inquiries Regarding RFP
Inquiries regarding the RFP and all notifications of an intent to request written modification or clarification of the RFP, must be directed in writing by email to: Mary Chou, firstname.lastname@example.org
Objections to RFP Terms
Should a proposer object on any ground to any provision or legal requirement set forth in this RFP, the proposer must, not more than ten calendar days after the RFP is issued, provide written notice to the Department setting forth with specificity the grounds for the objection. The failure of a proposer to object in the manner set forth in this paragraph shall constitute a complete and irrevocable waiver of any such objection.
The Department may modify the RFP, prior to the proposal due date, by issuing Bid Addendum(s), which will be posted on the website. An email notification of any Bid Addenda will be emailed to those who have sent an email to Mary Chou requesting the material sample file or requesting to be notified of any Addenda. The proposer shall be responsible for ensuring that its proposal reflects any and all Bid Addendum(s) issued by the Department prior to the proposal due date regardless of when the proposal is submitted.
Term of Proposal
Submission of a proposal signifies that the proposed services and prices are valid for 120 calendar days from the proposal due date and that the quoted prices are genuine and not the result of collusion or any other anti-competitive activity.
Revision of Proposal
A proposer may revise a proposal on the proposer’s own initiative at any time before the deadline for submission of proposals. The proposer must submit the revised proposal in the same manner as the original. A revised proposal must be received on or before the proposal due date.
In no case will a statement of intent to submit a revised proposal, or commencement of a revision process, extend the proposal due date for any proposer.
At any time during the proposal evaluation process, the Department may require a proposer to provide oral or written clarification of its proposal. The Department reserves the right to make an award without further clarifications of proposals received.
Errors and Omissions in Proposal
Failure by the Department to object to an error, omission, or deviation in the proposal will in no way modify the RFP or excuse the vendor from full compliance with the specifications of the RFP or any contract awarded pursuant to the RFP.
The City will accept no financial responsibility for any costs incurred by a firm in responding to this RFP. Submissions of the RFP will become the property of the City and may be used by the City in any way deemed appropriate.
Proposer’s Obligations under the Campaign Reform Ordinance
Proposers must comply with Section 1.126 of the S.F. Campaign and Governmental Conduct Code, which states:
No person who contracts with the City and County of San Francisco for the rendition of personal services, for the furnishing of any material, supplies or equipment to the City, or for selling any land or building to the City, whenever such transaction would require approval by a City elective officer, or the board on which that City elective officer serves, shall make any contribution to such an officer, or candidates for such an office, or committee controlled by such officer or candidate at any time between commencement of negotiations and the later of either (1) the termination of negotiations for such contract, or (2) three months have elapsed from the date the contract is approved by the City elective officer or the board on which that City elective officer serves.
If a proposer is negotiating for a contract that must be approved by an elected local officer or the board on which that officer serves, during the negotiation period the proposer is prohibited from making contributions to:
the officer’s re-election campaign
a candidate for that officer’s office
a committee controlled by the officer or candidate.
The negotiation period begins with the first point of contact, either by telephone, in person, or in writing, when a contractor approaches any city officer or employee about a particular contract, or a city officer or employee initiates communication with a potential contractor about a contract. The negotiation period ends when a contract is awarded or not awarded to the contractor. Examples of initial contacts include: (1) a vendor contacts a city officer or employee to promote himself or herself as a candidate for a contract; and (2) a city officer or employee contacts a contractor to propose that the contractor apply for a contract. Inquiries for information about a particular contract, requests for documents relating to a Request for Proposal, and requests to be placed on a mailing list do not constitute negotiations.
Violation of Section 1.126 may result in the following criminal, civil, or administrative penalties:
Criminal. Any person who knowingly or willfully violates section 1.126 is subject to a fine of up to $5,000 and a jail term of not more than six months, or both.
Civil. Any person who intentionally or negligently violates section 1.126 may be held liable in a civil action brought by the civil prosecutor for an amount up to $5,000.
Administrative. Any person who intentionally or negligently violates section 1.126 may be held liable in an administrative proceeding before the Ethics Commission held pursuant to the Charter for an amount up to $5,000 for each violation.
For further information, proposers should contact the San Francisco Ethics Commission at (415) 581-2300.
In accordance with S.F. Administrative Code Section 67.24(e), contractors’ bids, responses to RFPs and all other records of communications between the City and persons or firms seeking contracts shall be open to inspection immediately after a contract has been awarded. Nothing in this provision requires the disclosure of a private person’s or organization’s net worth or other proprietary financial data submitted for qualification for a contract or other benefits until and unless that person or organization is awarded the contract or benefit. Information provided which is covered by this paragraph will be made available to the public upon request.
Public Access to Meetings and Records
If a proposer is a non-profit entity that receives a cumulative total per year of at least $250,000 in City funds or City-administered funds and is a non-profit organization as defined in Chapter 12L of the S.F. Administrative Code, the proposer must comply with Chapter 12L. The proposer must include in its proposal (1) a statement describing its efforts to comply with the Chapter 12L provisions regarding public access to proposer’s meetings and records, and (2) a summary of all complaints concerning the proposer’s compliance with Chapter 12L that were filed with the City in the last two years and deemed by the City to be substantiated. The summary shall also describe the disposition of each complaint. If no such complaints were filed, the proposer shall include a statement to that effect. Failure to comply with the reporting requirements of Chapter 12L or material misrepresentation in proposer’s Chapter 12L submissions shall be grounds for rejection of the proposal and/or termination of any subsequent Agreement reached on the basis of the proposal.
Reservations of Rights by the City
The issuance of this RFP does not constitute an agreement by the City that any contract will actually be entered into by the City. The City expressly reserves the right at any time to:
Waive or correct any defect or informality in any response, proposal, or proposal procedure;
Reject any or all proposals;
Reissue a Request for Proposals;
Prior to submission deadline for proposals, modify all or any portion of the selection procedures, including deadlines for accepting responses, the specifications or requirements for any materials, equipment or services to be provided under this RFP, or the requirements for contents or format of the proposals;
Procure any materials, equipment or services specified in this RFP by any other means; or
Determine that no project will be pursued.
No waiver by the City of any provision of this RFP shall be implied from any failure by the City to recognize or take action on account of any failure by a proposer to observe any provision of this RFP.
VII. Contract Requirements
A. Standard Contract Provisions
The successful proposer will be required to enter into a contract substantially in the form of the Agreement for Professional Services, attached hereto as Appendix D. Failure to timely execute the contract, or to furnish any and all insurance certificates and policy endorsement, surety bonds or other materials required in the contract, shall be deemed an abandonment of a contract offer. The City, in its sole discretion, may select another firm and may proceed against the original selectee for damages.
Proposers are urged to pay special attention to the requirements of Administrative Code Chapters 12B and 12C, Nondiscrimination in Contracts and Benefits; the Minimum Compensation Ordinance; the Health Care Accountability Ordinance; and applicable conflict of interest laws, as set forth in paragraphs B, C, D, E and F below.
B. Nondiscrimination in Contracts and Benefits
The successful proposer will be required to agree to comply fully with and be bound by the provisions of Chapters 12B and 12C of the San Francisco Administrative Code. Generally, Chapter 12B prohibits the City and County of San Francisco from entering into contracts or leases with any entity that discriminates in the provision of benefits between employees with domestic partners and employees with spouses, and/or between the domestic partners and spouses of employees. The Chapter 12C requires nondiscrimination in contracts in public accommodation. Additional information on Chapters 12B and 12C is available on the CMD’s website at https://sfgov.org/cmd/
C. Minimum Compensation Ordinance (MCO)
The successful proposer will be required to agree to comply fully with and be bound by the provisions of the Minimum Compensation Ordinance (MCO), as set forth in S.F. Administrative Code Chapter 12P. Generally, this Ordinance requires contractors to provide employees covered by the Ordinance who do work funded under the contract with hourly gross compensation and paid and unpaid time off that meet certain minimum requirements.
For the amount of hourly gross compensation currently required under the MCO, see www.sfgov.org/olse/mco. Note that this hourly rate may increase on January 1 of each year and that contractors will be required to pay any such increases to covered employees during the term of the contract
Additional information regarding the MCO is available on the web at http://www.sfgov.org/olse/mco.
D. Health Care Accountability Ordinance (HCAO)
The successful proposer will be required to agree to comply fully with and be bound by the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in S.F. Administrative Code Chapter 12Q. Contractors should consult the San Francisco Administrative Code to determine their compliance obligations under this chapter. Additional information regarding the HCAO is available on the web at http://www.sfgov.org/olse/hcao.
E. Conflicts of Interest
The successful proposer will be required to agree to comply fully with and be bound by the applicable provisions of state and local laws related to conflicts of interest, including Section 15.103 of the City's Charter, Article III, Chapter 2 of City’s Campaign and Governmental Conduct Code, and Section 87100 et seq. and Section 1090 et seq. of the Government Code of the State of California. The successful proposer will be required to acknowledge that it is familiar with these laws; certify that it does not know of any facts that constitute a violation of said provisions; and agree to immediately notify the City if it becomes aware of any such fact during the term of the Agreement.
Individuals who will perform work for the City on behalf of the successful proposer might be deemed consultants under state and local conflict of interest laws. If so, such individuals will be required to submit a Statement of Economic Interests, California Fair Political Practices Commission Form 700, to the City within ten calendar days of the City notifying the successful proposer that the City has selected the proposer.
VIII. Project Funding Regulations
The work described in these specifications is to be financed with the assistance of a grant from the Federal Transit Administration, and all work described in these specifications shall be performed in accordance with FTA guidelines and regulations.
A. FTA Regulation Regarding Debarment and Suspension
The selected Artist(s) will be required to verify that none of the artists, its principals, or affiliates, are excluded or disqualified from participation in federal assistance programs. If selected to create a proposal, the Artist shall certification his/her eligibility to receive federal funds. The certification form may be viewed at this link: Link to Debarment Certification Form.
B. FTA Regulation Regarding Lobbying
No Federal appropriated funds may be paid, by or on behalf of the selected Artist, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. All selected Artist(s) are required to complete and submit along with their Proposal Materials, a certification form regarding lobbying. The certification form may be viewed at this link: Link to Lobbying Certification Form.
C. Buy America Certificate
If steel, iron, or manufactured products (as defined in 49 CFR Sections 661.3 and 661.5) are being procured, the appropriate certificate as set forth below shall be completed and submitted by each proposer or offeror in accordance with the requirement contained in 49 CFR Sec. 661.13(b). Link to Buy America Certificate.
IX. Protest Procedures
A. Protest of Non-Responsiveness Determination
Within five working days of the City’s issuance of a notice of non-responsiveness, failure to become a Minimally Qualified Candidate (“Notice”), or failure to become a Qualified Candidate, any Candidate that has submitted a Qualifications Statement and believes that the City has incorrectly made such a determination may submit a written protest. Such written protest must be received by the City on or before the fifth working day following the City’s issuance of the Notice. The protest must include a written statement specifying in detail each and every one of the grounds asserted for the protest. The protest must be signed by the Candidate and must cite the law, rule, local ordinance, procedure or RFP provision on which the protest is based. In addition, the protestor must specify facts and evidence sufficient for the City to determine the validity of the protest.
The City reserves the right to proceed to the next stage of the qualifications or selection process with the responsive Candidates during the five-day protest period. The City will cease the process only when it receives a notification of decision that is in favor of the protester
B. Delivery of Protests
All protests must be received by the due date by mail or email. If a protest is mailed, the protestor bears the risk of non-delivery within the deadlines specified herein. Protests should be transmitted by a means that will objectively establish the date the City received the protest. Protests or notice of protests made orally (e.g., by telephone) will not be considered. See Protest Procedure for details at the following link: Protest Procedures.
Protests must be delivered to:
San Francisco Arts Commission
Attn.: Mary Chou
401 Van Ness Avenue, Suite 325
San Francisco, CA 94102