request for proposal nwrfp-12-10 historic war memorial€¦ · as life magazine said, “a long,...

Document #294560

of 6

REQUEST FOR PROPOSAL

NWRFP-12-10

Historic War Memorial

Optional Site Viewing and Information Meeting

Wednesday, July 18, 2012, starting at 11:00 am Hyack Square

8th Street and Columbia, New Westminster, BC

Closing Time:

Wednesday, August 8, 2012 3:00 PM, Local Time, Vancouver BC

Closing Location: Main Reception Desk

City of New Westminster 511 Royal Avenue,

New Westminster, BC, V3L 1H9

COMPANY NAME

Address:

(including Postal Code)

Contact Name:

Telephone number:

Email:

Signature: by officer with express authority to enter into contract Dated

Further requests for information : Purchasing: Heather Rossi

Intermediate Buyer Telephone: 604-515-3781 Facsimile: 604-527-4509

Email: [email protected]

NWRFP-12-10

CORPORATION OF THE CITY OF NEW WESTMINSTER

Document # 294560

Artist’s Initials of 6

TABLE OF CONTENTS

1.0 INTRODUCTION ........................................................................................................................ 3 2.0 KEY CONTENT .......................................................................................................................... 3 3.0 PROPOSAL INSTRUCTIONS ................................................................................................... 3 4.0 GENERAL CONDITIONS ......................................................................................................... 4

4.1 No Contractual Obligations As A Result Of RFP Or Proposal ......................................... 4 4.2 Ownership Of Proposals And Freedom Of Information ................................................... 4 4.3 Confidentiality of City Information .................................................................................. 4 4.4 Proponent’s Expenses ....................................................................................................... 4 4.5 Contacting City Representatives ....................................................................................... 4 4.6 Conflict Of Interest ........................................................................................................... 4

5.0 BACKGROUND........................................................................................................................... 4 6.0 SUMMARY OF WORK .............................................................................................................. 5 7.0 SCHEDULE AND DELIVERY .................................................................................................. 6 8.0 PRICING ...................................................................................................................................... 6 9.0 PROPOSAL EVALUATION AND SELECTION .................................................................... 6 Appendix A – Wait for Me Daddy Photograph ................................................................................. 2 Pages Appendix B – Site Maps .................................................................................................................... 3 Pages Appendix C – Draft Agreement for Public Artwork .......................................................................... 5 Pages

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1.0 INTRODUCTION

The City is seeking the services of an artist specializing in bronze sculpture to create a life size rendering of one of Canada’s most famous wartime images, “Wait for me, Daddy” (attached as Schedule A). The City has arranged an Optional Site Viewing and Information Meeting for prospective candidates starting at 11:00 am on Wednesday, July 18, 2012 at Hyack Square, 8th Street and Columbia Street, New Westminster, BC. The purpose of this site visit is for candidates to ask questions and seek clarification regarding this project. 2.0 KEY CONTENT

The following are considered key content that should be included as part of the proponent’s submission:

• A portfolio of previous work in this medium; • A profile of the artist / proponent; • A work plan identifying any key milestones; • A written commitment that the sculpture will be completed and installed on time, as identified in

the Schedule and Delivery section of this RFP; • A written statement of interest explaining why the artist is interested in this opportunity, and how

the artist’s past work is appropriate for this project; • Proposed fee; and • List three (3) or more references to whom you have been commissioned to create bronze

sculptures on behalf of.

3.0 PROPOSAL INSTRUCTIONS

One (1) electronic and two (2) hard copies of the Proposal are to be submitted and clearly marked on the outside envelope or box as follows:

Historic War Memorial NWRFP-12-10

The City of New Westminster will receive Proposals at the location and time indicated on the title page of this Request for Proposal. It is the Proponent's responsibility to ensure that the City receives its Proposal prior to the stated closing time. The City may nevertheless choose to consider late proposals. The City does not accept facsimile, electronic mail, or other unsealed submissions. Requests for clarification or further information must be made in writing to the individual identified on the first page of this RFP. The City will respond to enquiries that it considers relevant to this RFP. The City intends to respond only to those written queries received at least ninety-six (96) hours prior to the closing Time. The City will record enquiries and post written responses on its website at City of New Westminster | Bid Opportunities | Business | Request for Bids & Proposals - Open Included with the RFP documentation is an Intent to Submit form. Submission of this form allows the City to forward any amendments to the RFP directly to the Artist.

http://www.newwestcity.ca/business/bid_opportunities/request_for_bids__proposals_-_open.php

http://www.newwestcity.ca/business/bid_opportunities/request_for_bids__proposals_-_open.php

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4.0 GENERAL

4.1 NO CONTRACTUAL OBLIGATIONS AS A RESULT OF RFP OR PROPOSAL This is a request of proposal, and not a call for tenders or request for binding offers. The City does not intend to enter into contractual relation as part of this RFP process and no contractual obligations whatsoever will arise between the City and any proponent who submits a proposal in response to this RFP until and unless the City and a proponent enter into a formal, written contract for the proponent to undertake this engagement. 4.2 OWNERSHIP OF PROPOSALS AND FREEDOM OF INFORMATION All documents submitted to the City in response to this RFP or as part of any subsequent negotiation will become the property of the City, and will not be returned. Proponents should also be aware that the City is subject to the provisions of the Freedom of Information and Protection of Privacy Act (FOIPPA). A proponent may stipulate in their proposal that portions of the proposal contain confidential information and are supplied to the City in confidence. However, under FOIPPA, the City may nevertheless be obligated to disclose all or part of a response pursuant to a request made under the Act, even if the proponent has stipulated that part of the proposal is supplied in confidence. The proponent should review section 21 and other provisions of FOIPPA in order to gain a better understanding of the City’s disclosure responsibilities under the Act. 4.3 CONFIDENTIALITY OF CITY INFORMATION This RFP and all information provided by the City to proponents is provided on a confidential basis, and proponents will not disclose any such information to any person (other than the proponent’s legal advisers) without the City’s prior written consent, nor may any proponent publicize or advertise its involvement with this RFP process or the City in connection wherewith without the prior written consent of the City. 4.4 PROPONENT’S EXPENSES For clarity, proponents will be solely responsible for their own expenses incurred in preparing a proposal or in any subsequent negotiations with the City. 4.5 CONTACTING CITY REPRESENTATIVES Proponents shall not contact City elected officials, officers or employees directly or indirectly regarding this RFP, except as indicated in this RFP. 4.6 CONFLICT OF INTEREST By submitting a proposal, the proponent confirms that neither it nor any of its officers, directors, employees or proposed subcontractors, has any financial or personal relationship or affiliation with any City elected official, officer or employee or their immediate families which might in any way create or be perceived to create a conflict of interest. 5.0 BACKGROUND

The City of New Westminster, through its Wait for me, Daddy Taskforce, will commemorate the famous photograph, now known as "Wait for me, Daddy" and the story behind it, as a war memorial. The date was October 1, 1940 and Canada was into its thirteenth month of World War II. The British Columbia Regiment was marching down the hill from the army camp at 8th Street and 10th Avenue, where the New Westminster Senior Secondary School is now, to board a ship in their eventual move overseas. Security would have prevented the people from knowing where the soldiers were going and when, or if,

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they would return. As LIFE magazine said, “a long, straight column of soldiers bound for points unknown.” Some of the wives, children, and sweethearts walked alongside the marching column of soldiers, hoping for last glimpses of their men. Mrs. Bernice Bernard had her 5-year-old son Warren, known as “Whitey”, with her. Just as the photographer, Mr. Claud Detloff from the Vancouver Province newspaper was taking a picture, Whitey unexpectedly broke away from his mother, reaching out for his father's hand, and his father in turn reached out for him. This photograph became iconic and it represents for all Canadians the separation of families during times of war and the uncertainties that face them. It was published in LIFE magazine on October 21, 1940 as well as in many other magazines and books. It has been used as a book cover photograph several times. As one enters the Canadian War Museum galleries, this photo is displayed, enlarged to about 20 feet in height. Young Whitey was immediately recruited to participate in war bond drives and he would be brought on stage for the appeal to "Buy Victory Bonds" to help bring his Daddy home, something that everyone could identify with in those days. This photograph became perhaps Canada's most famous photograph of World War II and it is now the second most requested historic photo from the national archives in Ottawa, being second only in popularity to the image of the driving of the "Last Spike”. Did the father come home safely? Yes, Sergeant Jack Bernard did come home to Bernice and Whitey in October 1945, five years later, but sadly the marriage did not survive. Whitey grew up to become a businessman and the Mayor of Tofino, BC. He fully supports this project. The photograph was taken in New Westminster at the foot of 8th Street, just South of Columbia Street, just inside what is now Hyack Square. This means that the war memorial can, and will, be placed on the exact spot where they were when the photo was taken. The Library and Archives photo number is NAC/C-0038723. The New Westminster Museum and Archives copy is number IHP1956. 6.0 SUMMARY OF WORK

City Council has agreed that this permanent war memorial installation shall consist of five main components:

1. Three life sized, realistic bronze statues capturing the essence of the photograph on the exact spots, at ground level, where the characters were when the photograph was taken

2. A rendering of the historic photograph 3. A vandal resistant interpretive panel to explain the significance and background of the

photograph, given the local thefts of bronze plaques, a stone panel would be worth considering 4. A donor recognition structure 5. A plaque with the names of the Mayor and City Council.

The Wait for me, Daddy Task Force is open to the idea of possible enhancements or ancillary pieces beyond these three elements (e.g. one option might be to represent the photographer and/or his camera.) The unveiling is expected to draw national attention and participation by VIPs from across Canada. This war memorial will be not only a perpetual memorial to the separations and anxieties of families in wars,

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but it will also be a nationally known landmark for the City of New Westminster. It is expected that the public will identify strongly with this war memorial and want to be photographed in amongst the statues. The scope of work involves:

a) Creation of three bronze life-sized sculptures depicting the tree members of the Bernard family in situ as shown in the photograph;

b) Creation of a clay reduced scale model for approval of adherence to original image; c) Creation of an image of the “Wait for me, Daddy” photograph and interpretive text; d) Coordination of transport and installation to the site, including temporary hoarding until the

public unveiling. 7.0 SCHEDULE AND DELIVERY

7.1 The City has established the following schedule for the selection of an artist and completion of the artwork project. Optional Site Visit July 18, 2012 RFP Closing Date August 8, 2012 Proposal to Council August 27, 2012 Contract Award August 29, 2012 Scale Model Due for Approval January 2013 Installation of sculpture on site 2 weeks prior to unveiling Public Unveiling October 4, 2014

8.0 PRICING

8.1 The proposal is to include the artist’s fee relative to all aspects of the creation, transportation and installation of the artwork as described above.

9.0 PROPOSAL EVALUATION AND SELECTION

9.1 In considering and evaluating proposals, the City intends to identify the proposal (if any) that, in the City’s opinion, offers the best value to the City.

9.2 The City is not obligated to accept the lowest or any Proposal, and may reject all submissions.

9.3 Proposals will be evaluated based on the following criteria: a) Experience of the artist; b) Scheduled Milestones; c) References; and d) Fee.

**end of Request for Proposal Document**

NWRFP-12-10


SCHEDULE A

Wait for me, Daddy Photograph

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SCHEDULE B

Site Maps

COLUMBIA ST

EIGHTH ST

CARNARVON ST

BLACKIE ST

ROYAL AVE

SIXTH ST

QUAYSIDE DR

CLARKSON ST

AGNES ST

FRONT ST

BEGBIE ST

MOODY ST

TENTH ST

VICTORIA ST

LANE

LORNE ST

MCKENZIE ST

MCINNES ST

ASH ST

SEVENTH ST

ONTARIO STCHURCH ST

MCNEELY ST

FRONT ST

VICTORIA ST

AGNES ST

VICTORIA ST

Memorial Location(Hyack Square)

/

D

D

D

DP

FS

M

COLUMBIA ST

EIGHTH ST

FRONT STNOTE: EXACT PLACEMENT TO BE DETERMINED IN CONSULTATION WITH COLIN STEVENS

EXCAVATION

SALVATION ARMY

/HYACK SQUARE

M: MOTHERS: SONF: FATHERP: PHOTOGRAPHER

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SCHEDULE C

DRAFT - AGREEMENT FOR PUBLIC ARTWORK

AGREEMENT FOR PUBLIC ARTWORK

This Agreement made this ___ day of __________ 2012 BETWEEN: THE CORPORATION OF THE CITY OF NEW WESTMINSTER 511 Royal Avenue, New Westminster, BC, V3L 1H9 (herein called the “City”) AND: “ARTIST” Address (herein called the “Artist”) The City and the Artist: 1.0 ARTICLE 1 – Engagement and Conflict Of Interest

1.1 The City engages the Artist and the Artist agrees to perform Services (the “Services”) and provide all materials, supplies, and other things required by Request for Proposal number NWRFP-12-10, and Proposal submitted to the City on (enter date), which form part of this Agreement.

1.2 The Artist represents that he/she is qualified and capable of performing the Services and shall at

all times exercise the standards of care, skill and diligence normally provided by a professional specializing in the performance of the Services similar to those contemplated by this Agreement.

1.3 The Artist will not act for any party whose interests are in conflict with those of the City, unless

the City provides specific prior waiver of that term in writing, in each instance. 1.4 The Artist warrants that neither it nor any of its officers or directors, or any employee, has any

financial or personal relationship or affiliation with any elected official or employee of the Corporation or their immediate families which might in any way be seen or perceived (in the Corporation’s sole and unfettered discretion) to create a conflict. If such any conflict of interest arises during this agreement, the Artist will immediately inform the City in writing.

2.0 ARTICLE 2 – Duration and Termination

2.1 Services under this Agreement shall commence enter date and be complete by enter date, in accordance with the schedule in the Request for Proposal. The City may extend the completion date with written notice to the Artist.

2.2 When the Artist fulfils all requirements under this Agreement to the satisfaction of the City, the

City shall certify completion, in writing. 2.3 Should the Artist breach this agreement, either by abandonment, or by act or omission on his part

contravening the terms of this Agreement then this Agreement shall terminate at the time of such abandonment or act or omission and the Artist shall be paid only for Services performed up to the date of contravention.

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2.4 Acts or omissions by the Artist that shall justify termination of this Agreement shall include but

not be limited to the following: a) neglect of duties; b) non-compliance of this Agreement; c) inability to perform the Services he represented himself as competent to perform; d) any misrepresentation made or concealment of material fact for the purpose of securing this

Agreement. 2.5 The agreement may be terminated by the City as follows:

a) For Deficiency or Default - immediately by providing to the Artist written notice of the deficiency or default after the Artist has been given a reasonable opportunity to remedy said deficiency or default;

b) Without Cause - by providing the Notice in writing to (as agreed upon). 2.6 Upon termination of the agreement, the City will pay the Artist for work performed up to the

effective date of termination. All other obligations of the City to the Artist will terminate upon the termination or expiry of the agreement.

3.0 ARTICLE 3 – Ownership of Contract Documents and Freedom of Information

3.1 All documents submitted to the City of New Westminster become the property of the City, and as such, the City advises Artists that parts, or all, of this contract and documents legally connected to this contract may be subject to the provisions of British Columbia's Freedom of Information and Protection of Privacy Act (FOIPP) and Community Charter. Artists who wish to ensure particular parts of this contract are protected from disclosure under the FOIPP Act should specifically identify any information or records forming part of the contract that constitute (1) trade secrets, (2) that are supplied in confidence, and (3) the release of which could significantly harm their competitive position. Information that does not meet all three of the foregoing categories may be subject to disclosure to third parties. Please refer to the Freedom of Information and Protection of Privacy Act for further information.

4.0 ARTICLE 4 – Compliance with Applicable Laws

4.1 The Artist shall be responsible for giving all notices and complying with all laws, ordinances, rules, regulations, codes, and standards relating to the conduct of the Services and the locations to which the Services are to be performed. The Artist shall indemnify the City and hold it harmless from and against any claim, penalty, losses, damages, or expenses that might be made, imposed, suffered, or incurred due to an asserted or established violation of any such laws, ordinances, rules, regulations, codes or standards.

4.2 The Artist will register for, obtain, and maintain their own separate WorkSafe BC Insurance

Coverage, when required by WorkSafe BC and the Workers Compensation Act. The Artist will comply with the WorkSafe BC Occupational Health and Safety Regulation and the Workers’ Compensation Act. Any penalties, sanctions or additional costs levied against the City, due to the actions of the Artist are the responsibility of the Artist.

4.3 The Artist will comply with the WorkSafe BC Occupational Health and Safety Regulation and

the Workers’ Compensation Act. Any WorkSafe BC violation by the Artist may be considered a breach of contract resulting in possible termination or suspension of the contract and/or any other actions deemed appropriate at the discretion of the City. Any penalties, sanctions or additional costs levied against the City, due to the actions of the Artist are the responsibility of the Artist.


5.0 ARTICLE 5 – Copyright and Original Art

5.1 The Artist guarantees that the artwork is original and does not violate the copyright of any other person.

5.2 The artist(s) must be prepared to assign ownership and License to the City of New Westminster.

The City may negotiate reproduction rights. The artist may retain the right to be identified as the creator of the artwork.

6.0 ARTICLE 6 – Relationship

6.1 It is expressly agreed, represented and understood that the parties have entered into an arm’s length independent contract for the rendering of the above-mentioned Services and that the Artist is not an employee, agent or servant, of the City.

6.2 The manner and means by which the Artist conducts its work in order to provide the Services

contemplated by this Agreement are under its control. 7.0 ARTICLE 7 – Fees

7.1 In consideration of the performance of the Services, the City shall pay the Artist monies determined by the Pricing Schedule and Total Proposal Price provided in Proposal number NWRFP-12-10, not to exceed enter amount. This is the Maximum Authorized Expenditure

8.0 ARTICLE 8 – Application for Payment

8.1 The Artist may make application for payment in respect of lump sum items in writing as the Services proceed. Applications may be made monthly up to the last day of the monthly payment period for the value of Services performed to that date including expenses (if any) properly incurred during the performance of the Services and any approved additional services.

8.2 The City will make payment to the Artist within thirty (30) days of receipt of the Artist’s

application for payment subject only to an amount, which may be withheld, on written notice to the Artist, to protect the City from any actual or anticipated loss, damage, cost, or expense arising from one or more of the following: a) the Artist not making satisfactory progress in the opinion of the City; b) deficiencies and errors in design, reporting, analysis or similar which have not been

corrected or remedied. 9.0 ARTICLE 9 – Assignments

9.1 The Artist may not assign this Agreement without the written consent of the City. 10.0 ARTICLE 10 – Indemnity

10.1 The Artist, insofar as is legally permissible, shall indemnify and hold harmless the City, its officers and employees, from any and all liability arising out of the Artist's performance or non-performance of the terms of the contract or out of the provision of the Services generally.

11.0 ARTICLE 11 – Agreement

11.1 Any documents or products produced by the Artist for the benefit of the City as a result of the provision of the Services may be used by the City in any manner as part of its operations at its own risk if the City chooses to use them in any manner other than for the particular purpose for which they were provided.


11.2 No term of this Agreement shall be deemed to have been waived by a party unless written waiver from the other party has been first obtained, and no condoning, excusing or overlooking of any default on previous occasions, or any earlier written waiver shall operate as a waiver in respect of a subsequent default.

11.3 This Agreement is the whole of the Agreement between the parties and sets forth all the

warranties, representations, covenants, promises, terms and conditions between the parties and there is no other written or oral express or implied terms, conditions, warranties, representations, or promises not reduced to writing and set out in this Agreement.

IN WITNESS WHEREOF the parties hereto have caused their respective seals to be affixed as of the day and year first above written CORPORATION OF THE CITY OF NEW WESTMINSTER: Roy Moulder, SCMP Purchasing Manager

Accepted and Agreed on , 2012 By “ARTIST” Authorized Signature Name and Office