June 13, 2019

REQUEST FOR PROPOSALS FOR MURAL INSTALLATIONS

LOCATION: Stonewall Recreation Center 119 Bradley Road, Danville, VA 24541

Danville Community Council (a collaboration between neighborhood residents, the Danville Regional Foundation Opportunity Neighborhoods Initiative and the Danville Neighborhood Development Corporation) Contacts: Haley Searcy – (919) 818-3986, HSearcy@DRFonline.org Ernecia Coles – (434) 799-5099, Ernecia@DanvilleNDC.org

1. PROJECT OVERVIEW: The Danville Neighborhood Development Corporation (DNDC) (on behalf of and in partnership with the Danville Community Council and the Danville Regional Foundation Opportunity Neighborhoods Initiative) is seeking proposals from professional mural artists to help with the creation of two murals to be displayed at the Stonewall Recreation Center, located at 119 Bradley Road in Danville, Virginia.

2. OVERALL PROJECT DESCRIPTION & SCOPE OF WORK: The purpose of this Request for

Proposals (RFP) is to establish a contract with a professional mural artist.

a. Budget: The current budget for the project is approximately $23,000.

b. Location: The location of the main mural will be on the exterior brick wall of Stonewall Recreation Center, facing North Main Street. The smaller mural will be located on an exterior red wall adjacent to the side of the building that faces Bradley Road. (See Attachment 1 for photographs.)

c. Design: For the main mural, a successful artist will produce an original

representation of a design that captures the theme of “community,” and will include one (or more) initial sketch/design in response to this proposal. DNDC and community partners may communicate any desired changes deemed necessary in an effort to reach a final approved design together. The design should be appropriate for all ages and audiences, keeping in mind content, format, and visibility. Community partners would like this mural to include the (realistic) likenesses of revered residents (past and present); the chosen mural artist will receive photos for this purpose. Interested mural artists are encouraged to do their own research about the Danville community and are welcomed to ask more about what the community values.

For the second mural, a successful artist will produce an original representation of a design that captures the essence of “family” targeted at a younger audience. The second mural may be a mural in which the children in Stonewall Recreation Center can participate in painting; the design should be reflective of that.

d. Space: The main mural wall has three sections, including a bump-out. The entire

width of the wall is roughly 65 feet long. Approximately 26 feet has a height of 26 feet (nearly a perfect square). The bump-out is 6 feet deep and 26 feet high. Lastly, there is a shorter extension of the wall that is 33 feet long and roughly 12 feet high. The dimensional irregularity creates an opportunity to think outside the box and to be very creative. The wall terminates at the ground, meeting a small grass area and parking lot at a 90-degree angle.

The second wall space is rectangular, measuring about 4 feet high by 60 feet long. The wall is terminated at the ground, meeting the sidewalk at a 90-degree angle.

e. Mural Artist’s Responsibilities: The mural artist is responsible for all materials,

including paint, brushes, and scaffolding needed to complete the project, as well as all lodging and travel-related expenses required to complete the work. The mural artist is also responsible for an accurate reproduction of the final design once it has been approved by all parties.

f. Ownership: The ownership of the mural’s design will belong to DNDC. DNDC will

not grant permission for any other use of the final design by the artist.

g. Schedule: Please see the Section 5 below for the selection schedule. To finalize a design, DNDC and community partners will work with the chosen mural artist to schedule no more than four (4) public input meetings. It is desired that the murals are completed by January 31, 2020.

h. Other Considerations: DNDC strongly encourages local mural artists to apply.

3. PROPOSAL SUBMISSION REQUIREMENTS:

a. Cover Letter: All Proposals must be accompanied by a cover letter signed by an

individual who can legally enter into a contract on behalf of the proposed individual or company. Cover letters should include a proposal, a statement of how you will accomplish the work, and an affirmation that you accept all of the terms and conditions laid out in the RFP. The letter must also include the person of contact during the Proposal review process. Be sure to identify your residence’s proximity to Danville, Virginia (in miles), and state your (individual) or your firm’s ability to begin and complete the work according to the expectations set forth in this RFP. Additionally, please confirm that your submission will stand as a firm offer for a period of no less than 60-days.

b. Experience: As part of your submission, include a detailed statement of your

qualifications as a mural artist. Details should include a list of prior work, with clear dates of completion. Qualified activities and criteria you may include are education and training as an artist, exhibition or display records in museums, galleries, or art spaces, previous public or private commissions, participation in artist-in-residency programs, or other related activities. Artists must have experience in painting, creating, or reproducing large-scale pieces of art, preferably on large exterior walls, and must also have experience using scaffolding during the creation of such mural(s).

c. Resume: Include a resume(s) for the mural artist assigned to this Proposal.

d. Approach: The Proposal should include a set work plan and at least one initial

sketch/design for the larger, community-themed mural.

e. Work Examples: Submit a USB flash drive or image CD with up to 16 clearly labeled images of related past work in JPEG form (maximum of four images per artist if working as a team).

i. Name each image in the following format: lastname_firstnameimagenumber.jpg. For example, the file names for Pablo Picasso would be: Picasso_Pablo01.jpg, Picasso_Pablo02.jpg, and so forth.

ii. Label all files clearly with the artist, team, or studio name. DNDC is not responsible for the alteration of images as they appear on monitors as projected.

f. Protective Coating: Include a suggested method for a protective coating to be applied to the murals after completion.

g. Maintenance Plan: Describe all materials and processes used and a schedule for required maintenance in order for necessary repairs to be made.

h. Fee Proposal: The proposal should include a breakdown of all costs. This includes

any personnel costs and out-of-pocket expenses.

i. Signed Attachment 3: Authorization to Legally Bind Bidder.

4. EVALUATION AND SELECTION CRITERIA: Complete proposals (that include all items listed in Section 3) will be evaluated according to the following criteria:

a. Proposal Evaluation Criteria: i. Resume (20 possible points)

ii. Images (25 possible points) iii. Initial/Proposed Design(s) (15 possible points) iv. Cost (20 possible points)

Total Possible Points: 80 b. Prospective proposers may contact Ernecia Coles via email

(Ernecia@DanvilleNDC.org) for further information regarding the process or to ask any further questions.

5. SCHEDULE FOR SELECTION: a. RFP available: June 13, 2019 b. Proposals due: 5:00 p.m., Monday, July 1, 2019 c. Public Review and Interview (if applicable): July 11, 2019 d. Community Council Review and Interview (if applicable): July 15, 2019 e. Selected Artist Notified (approximate): July 19, 2019

f. Contract Executed (approximate): August 16, 2019 g. Public Input Meetings (no more than four (4)): To Be Announced h. Murals Completed: January 31, 2020

Prospective proposers may contact Ernecia Coles via email (Ernecia@DanvilleNDC.org) for further information regarding the timeline or to ask any further questions.

6. INSTRUCTIONS TO PROPOSERS: Each proposal must include an originally signed

submission and 2 printed copies. Each proposal and copies must be contained in a sealed envelope or box and must be received no later than July 1, 2019 at 5 p.m. at 502 Franklin Street, Danville, VA 24541.

7. LATE PROPOSALS POLICY: Any proposals submitted after the July 1, 2019 deadline will

NOT be considered. Faxed or emailed submissions will not be accepted.

8. CONTRACT: The chosen proposer is expected to enter into a professional contract with the Danville Neighborhood Development Corporation. The contract specifies the extent of services to be rendered, the methods for providing the services, and the amount of compensation for services. A sample contract can be found in Attachment 2.

9. SELECTION DISCRETION: The Danville Neighborhood Development Corporation has the right to reject any or all bids and to waive irregularities in the selection process. DNDC also holds the right to negotiate, amend, and refine bids during consultation with prospective proposers.

10. PROPOSAL OWNERSHIP: Any material submitted by the Proposer will be considered property of DNDC and will not be returned to the Proposer.

11. COST OF PROPOSAL: DNDC is not responsible for any costs regarding the submission of

the proposal; responsibility falls solely on the Proposer.

ATTACHMENT 1: PICTURES OF THE MURAL LOCATIONS

ATTACHMENT 2: SAMPLE CONTRACT TERMS AND CONDITIONS

Danville Neighborhood Development Corporation

-Independent Contract Agreement- Date: ___/____/_______ Parties: Danville Neighborhood Development Corporation (DNDC) mail: P. O. Box 3549, Danville, VA 24543 deliveries: 502 Franklin St., Danville, VA 24541 and Contractor Name: _____________________________ (Independent Contractor) Contractor’s Physical Address: _________________________________________ __________________________________________________________________ Additional Independent Contractor Information:

A. Type of Entity: • Sole Proprietorship • Partnership • Limited Liability Company • Corporation

B. Mailing Address: __________________________________________________________

C. Telephone Number: (_________) __________ - ____________

D. Fax Number: (_________) __________ - ____________

E. SSN or Fed I.D No: ________________________________________________________

F. Professional License(s) No. (if applicable):______________________________________

In consideration of the mutual covenants contained in this document, the parties agree to the following terms and conditions:

1. Payment by DNDC: DNDC shall pay Independent Contractor according to the sum and schedule described in Attachment 1 (original RFP), attached hereto and incorporated herein by this reference and in an amount not to exceed $23,000.

2. Services to be Performed by the Independent Contractor: The Independent Contractor

shall perform the services described in Attachment 1 (original RFP).

3. Invoice: An invoice is to be sent to DNDC, P.O. Box 3549, Danville, VA 24543.

4. Term: This Agreement is effective as of the date stated above and should continue until __________________________, unless earlier terminated in accordance with the provisions of this Agreement or by mutual consent of parties.

5. Sourcing: The Independent Contractor is chosen through DNDC, issue date: (DATE)

6. Independent Contractor Status: By its execution of this Agreement, Independent

Contractor certifies its status as an “Independent Contractor” as that all performance of any labor services required to be performed by Independent Contractor under the terms of this Agreement shall be performed in accordance with all federal, state, and local laws.

7. Point of Contact:

Independent Contractor: (Insert name, phone number, and email address)

DNDC: Ernecia Coles, 434-799-5099, Ernecia@DanvilleNDC.org

8. Work Performed: The work performed by the Independent Contractor includes services generally performed by Independent Contractor in his/her/its usual line of business.

9. Tax Duties and Liabilities: Independent Contractor shall be responsible for all federal, state, and local taxes, if any, applicable to any payments received pursuant to this Agreement, including, but not limited to, local business licenses, income tax, payroll tax, and social security tax. DNDC shall not withhold, pay, or in any manner be responsible for payments of any taxes on behalf of Independent Contractor.

10. Reimbursement of Expenses: Independent Contractor shall not be entitled to

reimbursement by DNDC for any expenses incurred by Independent Contractor unless otherwise agreed in writing.

11. Supplies and Materials: Independent Contractor shall supply all equipment, materials,

and supplies needed to perform the services required, unless otherwise agreed on in writing.

12. No Authority to Bind DNDC: Independent Contractor does not have authority to enter

into contracts on behalf of DNDC or its officers, agents, and employees. This Agreement shall not create a partnership or joint venture of any sort between the parties.

13. Indemnification and Hold Harmless: The Contractor shall assume all responsibilities for

work and bear all losses and damages directly or indirectly, resulting to the Contractor,

DNDC, or to others on account of the character or performance of the work, unforeseen difficulties, accidents, or any other case whatsoever. The Contractor shall assume defense of, indemnify and save harmless DNDC and its officials, agents, and employees from all claims, liability, loss, damage, and injury of any kind, nature, and description, directly or indirectly resulting from activities in the performance of the Contract, the ownership, maintenance, or use of motor vehicles in connection therewith, or the acts, omissions, operations, or conduct of the Contract or any Subcontractor under the Contract or any way arising out of the Contract, irrespective of whether act, omission, or conduct of the Contractor or Subcontractor is merely a condition rather than a cause of a claim, liability, loss, damage, or injury. The Contractor shall not be liable for, nor be required to, defend or indemnify DNDC relative to claims of damage or damages resulting solely from acts or omissions of DNDC or its officials, agents, or employees. The absence of, or inadequacy of, the liability insurance required in section 15 shall not negate Contractor’s obligation in this paragraph.

14. Insurance:

a. General Insurance: For the duration of this Agreement, the Contractor shall

maintain a Commercial General Liability insurance policy.

b. Workers’ Compensation: Contractor shall provide and maintain workers’ compensation insurance for its employees, officers, agents, or partners, as required by applicable workers’ compensation laws. If Contractor is exempt from coverage, a written statement signed by Independent Contractor needs to be provided to DNDC, stating the reason for the exemption.

c. Evidence of Insurance Coverage: Evidence of the required insurance coverages

issued by an insurance company satisfactory to DNDC shall be provided to DNDC. Note that the City of Danville, as owner of the mural site, may require to be Additional Insured and to receive evidence/notice of coverage

d. Notice of Cancellation or Material Change in Coverage: The certificate of

insurance shall contain a requirement that the insurance company notify DNDC 30 days prior to any cancellation or material change in coverage. If the approved insurance company will not provide this 30-day notice, Independent Contractor should provide a written notice to DNDC within 2 days after Independent Contractor discovers that their coverage has been cancelled or has been materially changed. Independent Contractor shall email said notice to Ernecia Coles. Regardless of what circumstances caused Independent Contractors insurance coverage to cease or be modified, it is Independent Contractor’s responsibility to notify DNDC. Failure to maintain proper insurance or provide notice of cancellation or modification shall be grounds for immediate termination of this contract. _______________ (Independent Contractor Initials)

e. Equipment and Materials: The Contractor shall be responsible for any loss, damage, or destruction of his/her/its own property, equipment, and materials used in conjunction with the work.

f. Exceptions or Waivers: Any exception or waiver of the requirements shall be

subject to review and approval from DNDC.

g. Subcontractors: The Independent Contractor shall require all subcontractors to provide and maintain General Liability, Auto Liability, Professional Liability (as applicable), and Workers’ Compensation insurance with coverages equivalent to those required of the Independent Contractor in this contract. The Independent Contractor shall require certificates of insurance from all subcontractors.

15. Termination: The performance of work under the Agreement may be terminated by

DNDC, in whole or in part, whenever for any reason DNDC determines would be in best interest of DNDC. Any such termination shall be effected by delivery to the Independent Contractor of a Notice of Termination specifying the extent to which performance of the work under the Agreement is terminated and the date on which such termination is effective. Upon delivery to the Independent Contractor of a Notice of Termination under this paragraph, the Independent Contractor and DNDC shall, by agreement, make an appropriate written modification to this Agreement governing completion of portions of the Independent Contractor’s work and payment therefore by DNDC.

16. Rights in Data: All original written material, including programs, card decks, tapes,

listings, and other documentation originated and prepared for DNDC pursuant to this Agreement shall become the exclusive property of DNDC. The ideas, concepts, know-how, or techniques developed during the course of the Agreement by Independent Contractor personnel can be used by either party in any way it may deem appropriate. Material already in Independent Contractor’s possession, independently developed by Independent Contractor outside the scope of this Agreement, or rightfully obtained by Independent Contractor from third parties, shall belong to Independent Contractor. This agreement does not preclude Independent Contractor from developing materials which are competitive, irrespective of their similarity to materials which might be delivered to DNDC pursuant to this Agreement. Independent Contractor shall not, however, use any written materials developed under this Agreement in developing materials for others, except as provided in this section.

17. Assignment/Subcontract: Independent Contractor shall not assign, sell, transfer,

subcontract or sublet rights, or delegate responsibilities under this Agreement, in whole or in part, without the prior written approval of DNDC. No such written approval shall relieve Independent Contractor shall remain liable as between the original parties to this Agreement as if no such assignment had occurred.

18. Successors in Interest: The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties to this Agreement and their respective successors and assigns.

19. Compliance with All Government Regulations: Independent Contractor shall comply

with all Federal, State, and local laws, codes, regulations, and ordinances applicable to the work performed under this Agreement. Failure to comply with such requirements will be considered a breach of contract and shall be the grounds for termination of this Agreement. Damages or costs resulting from noncompliance shall be the sole responsibility of the Independent Contractor.

20. Attorney Fees: In the event a lawsuit of any kind is instituted on behalf of DNDC to

enforce any provision of this Agreement, Independent Contactor shall pay such additional sums as the Court may adjudge reasonable for attorney fees plus all costs and disbursements at trial and on any appeal.

21. Force Majeure: Neither party to this Agreement shall be held responsible for delay or

default caused by fire, riot, acts of God and/or war, which is beyond that party’s reasonable control. DNDC may terminate this Agreement upon written notice after determining such delay or default will unreasonably prevent successful performance of this Agreement.

22. Assistance Regarding Patent and Copyright Infringement: In the event of any claim or

suit against DNDC on account of any alleged patient or copyright infringement arising out of the performance of this Agreement or out of the use of any material furnished or work or service performed hereunder, Independent Contractor shall defend DNDC against any such suit or claim and hold DNDC harmless for any and all expenses, court costs, and attorney’s fees in correction with such claim or suit.

23. Access to Records: DNDC and its authorized representatives shall have access to books,

documents, papers, and records of the Independent Contractor which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts, and transcripts.

24. Waiver: Failure of DNDC to enforce any provision of this Agreement shall not constitute

a waiver or relinquishment by DNDC of the right to such performance in the future nor of the right to enforce any other provision of this Agreement.

25. Amendments: The terms of this Agreement shall not be waived, altered, modified,

supplemented, nor amended in any manner, whatsoever, without prior written approval of DNDC. No modification of this Agreement shall bind either party unless reduced to writing and subscribed by both parties, or ordered by a Court.

26. Nondiscrimination: Independent Contractor shall comply with all applicable requirements of Federal and State civil rights and rehabilitation statutes, rules, and regulations.

27. Permitted Use: The final design of the mural may not be retouched, modified, or

otherwise reproduced or used, except as otherwise specifically provided hereunder. DNDC agrees that the following uses of the mural are permitted: (a) Members of the public may photograph the mural for personal use only; (b) By the installing Painter/Contractor in his/her/its business portfolio.

28. Nature of Use: The mural shall not be used by the Independent Contractor in a manner

which would be derogatory to or critical of the Property or to the persons involved with the making of the mural.

29. Restrictions of Use: Except as specifically set forth herein, Independent Contractor shall

not use, reproduce, exploit, distribute, exhibit, or broadcast the mural except as necessary to execute the permitted uses set forth in section 27.

30. Remedies: This Agreement shall be governed by and construed in accordance with the

laws of the Commonwealth of Virginia, and any litigation out of this agreement shall be conducted in the Courts of the Commonwealth of Virginia, City of Danville.

31. Entire Agreement: This Agreement signed by both parties is the parties’ final and entire

agreement and supersedes all prior and contemporaneous oral or written communications between the parties, their agents, and representatives. There are no representations, promises, terms, conditions, or obligations other than those contained herein.

IN WITNESS WHERE OF the parties have executed this agreement to be effective the date first set forth above. DANVILLE NEIGHBORHOOD DEVELOPMENT CORPORATION: INDEPENDENT CONTRACTOR: BY: _________________________________ BY: _________________________________ NAME: ______________________________ NAME: ______________________________ TITLE: _______________________________ TITLE: _______________________________ DATE: _______________________________ DATE: _______________________________

ATTACHMENT 3: AUTHORIZATION TO LEGALLY BIND BIDDER The person executing this Bid and the instruments referred to herein on behalf of the Bidder has the legal power, right, and actual authority to submit this Bid, and to bind the Bidder to the terms and conditions of this Bid. _________________________________________ _____/______/__________ Signature of Person authorized to bind Bidder Date

Printed Name of Person signing as authorized to bind Bidder

Title of Person signing as authorized to bind Bidder

Firm Name

Street Address City ST Zip (_______) _______ - ___________ (_______) _______ - ___________ Phone Fax

Email Address