Attachment B
RFP No. 2025-14
13-41
CIT
Y OF NEWPORT BEACH
REQUEST FOR PROPOSALS NO. 25-14
CORONA DEL MAR CERTIFIED FARMERS’ MARKET
OPERATOR
RFP
DUE DATE: September 30, 2024 by 1:00PM
RFP ADMINISTRATOR: Jennifer Anderson
[email protected]
Int
erested parties may obtain a copy of this RFP by
accessing the City of Newport Beach portal:
http://www.newportbeachca.gov/bidderportal
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TABLE OF CONTENTS
RFP INTRODUCTION INSTRUCTIONS AND TERMS ................................................... 3 INTRODUCTION .............................................................................................................. 4 INSTRUCTIONS .............................................................................................................. 6 TERMS AND CONDITIONS ............................................................................................... 9
SCOPE OF
SERVICES ................................................................................................ 13 REQUIRED CITY FORMS FOR BID/PROPOSAL SUBMITTAL................................... 24 BIDDER/PROPOSER INFORMATION FORM ...................................................................... 25 STATEMENT OF COMPLIANCE ....................................................................................... 26 AFFIDAVIT OF NON-COLLUSION AND NON-DISCRIMINATION ............................................ 27 A
FFIDAVIT OF NON-FEDERAL LOBBYIST REQUIREMENTS CERTIFICATION ......................... 28 VENDOR CONFLICT OF INTEREST DISCLOSURE FORM .................................................... 29 DEBARMENT AND SUSPENSION CERTIFICATION ............................................................. 30
COST FILE ................................................................................................................... 31 SUBMITTAL CHECKLIST AND PROPOSAL FORMAT .............................................. 33 DRAFT AGREEMENT .................................................................................................. 36 2 13-43
RFP INTRODUCTION, INSTRUCTIONS AND
TERMS & CONDITIONS
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INTRODUCTION
OBJECTIVE
The City of Newport Beach (“City”) is seeking proposals from qualified proposers interested in providing Comprehensive Management Services for a Community Market in the City of Newport Beach. The selected Market Operator will be responsible for providing services in accordance with the Scope of Services section of the RFP. The objective of this Request for Proposals (“RFP”) solicitation is to identify the highest-qualified proposer to provide these services over the course of a proposed five (5) year contract term with an option to extend for one (1 ) additional five (5) year renewal. The City reserves the right to make multiple awards if doing so serves in the best interest of the City. Final contract terms, including compensation and length of the agreement are subject to final City and/or City Council approval.
BACKGROUND
The City was incorporated September 1, 1906 and the current City Charter was adopted in 1954.
The City operates under a Council-Manager form of government. The City is located in the County of Orange and serves a population of approximately 86,000 people. The City covers an area land of approximately 26 square miles, with an additional 25.5 square miles of ocean, bay, and harbor waters.
The City of Newport Beach owns and/or holds in trust a variety of real property, both income and non-income producing assets. The income producing properties vary in use from residential developments, tidelands with yacht basins and upland office space, to telecommunication sites.
The City’s non-income producing properties also vary in used and include beaches, parks, open space preserves and reservoirs, parking lots, libraries, community, and police and fire station.
DEFINITIONS
The following is an explanation of terms frequently referred to in this document:
“City”: Refers to the City of Newport Beach.
“Request for Proposal s (RFP)”: Refers to the solicitation process wherein the City is seeking proposals.
“Proposal”: The formal response to this solicitation submitted to the City by a Proposer or Proposers.
“Proposer”: Refers to the individual, partnership, or corporation that is submitting a proposal in response to this RFP process.
“Project”: The provision of a Community Market, as requested in this solicitation. “Shall”: Refers to a mandatory requirement.
“Contractor or Consultant”: Refers to the individual, partnership, or corporation that is awarded a contract by the City upon conclusion of this RFP process. “Contract” or “Agreement”: A promissory agreement with specific terms between the City and one or more parties that creates, modifies or destroys a legal relation in exchange for consideration.
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“Project Manager”: The City’s Real Property Administrator, or designee as assigned by the City.
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INSTRUCTIONS
RFP REGISTRATION:
All aspects of this RFP will be managed on the City of Newport Beach PlanetBids portal.
Interested proposers are required to register with the City by using the following URL/link:
http://www.newportbeachca.gov/bidderportal
Any and all updates, addenda, questions and answers and changes to this RFP will be distributed through the Portal. The City shall not be held responsible or liable if interested bidders or proposers do not register for this solicitation specifically and miss any information relevant to this RFP.
PREBID MEETING:
Prebid meeting mandatory: Yes
Prebid date and time: September 9 at 11:00AM
Prebid address and location: Public Parking Lot behind Bandera restaurant 3201 East Coast Highway
Newport Beach, CA 92660
Prebid contact: Lauren Wooding Whitlinger
(949) 644-3236
[email protected]
Additional instructions: Please bring company business card
QUESTIONS, ANSWERS AND ADDENDA TO RFP:
Questions are due on Tuesday, S eptember 17, 2024 by 12:00PM. Prior to the RFP submission deadline questions may arise regarding the specifications and procedural or administrative matters. All questions pertaining to this RFP shall be submitted using the City of Newport Beach PlanetBids portal, using the “Q&A” tab within this solicitation. Proposers shall contact PlanetBids for all technical matters related to use and function of PlanetBids ; proposers shall not contact any other City staff with questions. The RFP Administrator will provide formal answers to all questions. Changes to the RFP itself shall only be made by the City via formal written addenda.
Addenda will be published and distributed through the Portal. All addenda shall become a part of the RFP document requiring acknowledgment by the proposer.
It is the sole responsibility of the p ro
poser to ensure that they have received the entire Request for Proposal s, including any and all questions, answers and addenda by visiting the City of Newport Beach PlanetBids portal.
SUBMITTAL INFORMATION:
Proposals are due Mo
nday, September 30, 2024 by 1:00PM. It is the sole responsibility of the bidder to ensure that their bid and/or proposal is submitted through the City of Newport Beach PlanetBids portal before the stated deadline. In the event you encounter any complications with the Portal or require further assistance, please contact PlanetBids support at (818) 992 -1771, 6 13-47
Monday – Friday between 7am – 5pm (PST). The submittal status of a bid and/or p roposal can be checked any time using PlanetBids. The City shall not be held liable for complications arising due to connectivity or network issues. Should you have any questions regarding the RFP or contract process, please reach out to the RFP Administrator below:
RFP Administrator: Jennifer Anderson
Email: [email protected]
PROPOSAL EVALUATION CRITERIA:
Proposals will be evaluated on the basis of the response to all provisions of this RFP. Since this solicitation is an RFP as opposed to a bid, pricing alone will not constitute the entire selection criteria. The City may use some or all of the following criteria and corresponding percentages in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance. The City reserves the right to modify the evaluation criteria and percentage of score as deemed appropriate prior to the commencement of evaluation.
PROPOSAL EVALUATION CRITERIA
EVALUATION CRITERION PERCENTAGE OF SCORE
Qualifications and Experience of the Firm 40%
Qualifications and Experience of Key Personnel and
Staffing 25%
Method of Approach / Project Approach 30%
Pricing for Participating Vendors 5%
The following deficiencies may result in a proposal
disqualification, deemed non-responsive or
penalized in the evaluation of the proposal:
• Missing required submittal
documentation.
• Cost File submitted in
Response File.
The following deficiencies may result in a penalty in
the evaluation of the proposal:
• Incomplete submittal
documentation.
• Number of Exceptions
Taken
The City reserves the right to determine whether or not a proposal meets the specifications and requirements of this RFP and reject any proposal that, in the City’s opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any and all proposals.
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SELECTION PROCESS:
The City shall employ a two-step process to select a contractor for this Project, with an option for a third step, if necessary. In the first step, a panel shall rate all p roposals using the criteria described above . Each criterion shall be assigned a unique scoring weight based on the significance of each criterion to the overall success of the Project. Proposals must earn a minimum of 70% of the available points in Step 1 to advance to Step 2. In the second step, a cost analysis shall be performed on all cost proposals and/or fee schedules received from the proposals. A Ratio of Cost score shall be assigned to each Proposal based on the proposed rates for the requested services, adjusted to reflect a projection commensurate with the anticipated contract term. The City reserves the right to initiate a third step which shall involve a panel intervi ew.
Proposers invited to this third step shall have their panel interviews evaluated and scored, resulting in an adjustment to the Technical Score.
PROJECT SCHEDULE:
The following is a tentative schedule of this entire RFP process. While the City will attempt to apply the necessary resources to maintain this schedule, the following dates are merely projections, and the City reserves the right to modify this schedule as needed to accommodate the completion of this RFP process.
TENTATIVE PROJECT SCHEDULE
RFP Published: August 26, 2024
Mandatory Pre-Bid Meeting September 9, 2024 11:00AM
Questions from Proposers Due: September 17, 2024 by 12:00PM Questions and Answers Posted: September 20, 2024
Proposals Due: September 30, 2024 by 1:00PM
Anticipated Contract Award: October 2024
PROPOSAL FORMAT:
Please refer to the Submittal Checklist and Proposal Format (located in this RFP) section for a comprehensive guide regarding the format of the proposal submittal. 8 13-49
TERMS AND CONDITIONS
I. Acceptance of Terms and Conditions
Submission of a proposal indicates acceptance by the company submitting the proposal of the terms, conditions and specifications contained in this RFP and in the Draft Agreement , unless clearly and specifically stated otherwise in the completed Statement of Compliance.
II. Precedence of Terms and Conditions
All terms and conditions of the Draft Agreement are hereby incorporated into this RFP. In the event of a conflict between a provision in the RFP and the Draft Agreement, Draft Agreement shall take precedence.
III. Public Record
Upon submission of a proposal and other materials for consideration by the City, such proposals and materials shall become the property of the City of Newport Beach. Proposals may be subject to public inspection and disclosure pursuant to state and federal law after the award of a contract for this Project. Prior to the RFP deadline, proposals may be modified or withdrawn by an authorized representative of the proposer by written notice to the Purchasing Office.
IV. Availability of Records
All relevant documents pertaining to this RFP and procurement process shall be made available by the Purchasing Office upon successful conclusion of the entire procurement process.
V. Late Proposals
Any proposal which is not received according to the City’s submission requirements prior to the deadline date and time set forth in this RFP shall not be considered. The City assumes no responsibility or liability for the transmission, delay, or delivery of a proposal by either public or private carriers.
VI. Specificity of Information
No verbal or written information which is obtained other than through this RFP or its addenda shall be binding on the City. No employee of the City is authorized to interpret any portion of this RFP or give information as to the requirements of the RFP in addition to that contained in or amended to this written RFP document.
VII. Errors and Omissions
This RFP cannot identify each specific, individual task required to successfully and completely implement this Project. The City relies on the professionalism and competence of p roposers to be knowledgeable of the general areas identified in the scope of work and to include in their proposals all materials, equipment, required tasks and subtasks, personnel commitments, man-hours, labor, direct and indirect costs, etc. Proposers shall not take advantage of any errors and/or omissions in this RFP document or in the firm’s specifications submit ted with their proposals. Where such errors or omissions are discovered by the City, full inst ructions will be given by the City in the form of an addenda.
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VIII. Proposal Validity
Unless otherwise noted by the proposer, all proposals shall be held valid for a period of 180 days.
IX. Right of Rejection
The City reserves the right to : (1) Accept or reject an y and all proposals or any part of any proposal, and to waive minor defects or technicalities in such; (2) Request clarification of any information contained in a proposal ; (3) Solicit new proposals on the same p roject, or on a modified project , which may include portions of the original RFP as the City may deem necessary; (4) Disregard all non- conforming, non-responsive, or conditional proposals, ( 5) Reject the response of any proposer who does not pass the evaluation to the City’s satisfaction, (6) Allow for the correction of errors and/or omissions; (7) Select the proposal that will best meet the needs of the City, and (8) Negotiate service contract and terms with the successful proposer.
X. Right of Rejection of Lowest Fee Proposal
The City is under no obligation to award this project to the p roposer offering the lowest fee proposal. Evaluation criteria expressed in this RFP solicitation shall be used in the proposal evaluation process. In evaluating proposals, the City may consider the qualifications of the proposers and whether the proposals comply with the prescribed requirements. The size and scope of the Project at hand may dictate the degree to which Qualifications-Based Selection processes are utilized.
XI. Non-Compliance
Proposers and/or proposals that do not meet the stated requirements for this Project may be considered noncompliant and may be disqualified, unless such noncompliance is waived by the City. During the evaluation process, the City reserves the right to request additional information or clarification from those submitting proposals, and to allow corrections of errors and/or omissions.
XII. Exceptions to Proposal Requirements
Proposers may find instances where they must take exception with certain requirements or specifications of the RFP and/or Draft Agreement. All exceptions shall be clearly identified using the Statement of Compliance, and written explanations shall include the scope of the exceptions, the ramifications of the exceptions for the City, and a description of the advantage to be gained or disadvantages to be incurred by the City as a result of these exceptions.
XIII. Determination of Responsiveness and Responsibility The City shall have sole authority in determining the responsiveness and responsibility of any and all proposals. For Proposals containing exceptions to specifications and/or requirements, the City shall have sole authority in determining the extent to which exceptions affect the responsiveness and responsibility of any and all proposals.
XIV. Obligation to Award
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The City of Newport Beach is not obligated to enter into a Contract or Agreement on the basis of any proposal submitted in response to this RFP. City reserves the right to award multiple contracts for this Project if is deemed most advantageous to the City.
XV. Bidder Reimbursement Prohibition
The City will not pay for any information herein requested, nor are they liable for any costs incurred by any vendors prior to award of a contract or purchase order. The City may require the finalist proposer(s) to provide on- site presentations and demonstrations of the product(s)/service(s) proposed by the proposer(s). All costs associated with the demonstrations or follow-up interviews are the sole obligation of the proposer(s).
XVI. Gratuity Prohibition
Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City for the purpose of influencing consideration of this proposal.
Submission of a Proposal indicates p roposer certifies that they have not paid nor agreed to pay any person, other than a bona fide employee, a fee or a brokerage resulting from the award of the contract.
XVII. Contact with City Personnel or Entities
Questions related to the RFP procurement process, proposal evaluation process and proposal selection process, the RFP Administrator is to serve as the primary point of contact.
Proposers shall not contact any City personnel or the RFP Administrator or those from the City’s P urchasing Office for matters regarding this Project until conclusion of the entire procurement process, which shall be defined as Agreement Award. Unauthorized contact may result in disqualification of proposals.
XVIII. Indemnification
Proposer, at its own expense and without exception, shall i ndemnify, defend and pay all damages, costs, expenses, including attorney fees, and otherwise hold harmless the City, its employees, and agents, from any liability of any nature or kind in regard to the delivery of these services. Submission of a Proposal indicates proposer waives the right to claims for damages of any nature, whatsoever, based on the Proposal solicitation and/or selection process.
XIX. Insurance Requirements
The selected Contractor(s) for this Project shall furnish proof of insurance in accordance with the specific types and limits set forth in the insurance exhibit to the Draft Agreement after the Notice of Intent to Award is issued. Contractor(s) shall be considered ineligible for the contract award if the insurance requirements are not met.
In addition to the standard requirements of general liability, auto liability and workers’ compensation, the City will require professional liability/errors and omissions insurance for this agreement.
Any self-insured retentions (“SIR”) must be declared to and approved by the City. The City r
eserves the right to require that an SIR be eliminated, lowered, or replaced by a deductible.
The proposal should disclose the value and type of self-insurance, if any. 11 13-52
Insurance reviews are conducted through a third party, via an online portal called Ebix. It is required that the selected Contractor(s) maintain the insurance coverage through Ebix.
XX. Compliance with All Applicable Laws
Proposer declares that it shall comply with all licenses, statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted, including, but not limited to, appropriate Contractor licensing, permits and business licensing.
XXI. Inclusive Proposal Pricing
Proposal pricing shall include any and all applicable licenses, insurance coverage, endorsements, bonding and if necessary, any wage compliance deemed necessary to perform the Work or Services as part of the Project described in this RFP. City will not be responsible for reimbursing Contractors for any charges not included in the p roposal pricing that are incurred in securing these requirements.
XXII. Subcontractor/Joint Ventures
The selected Contractor shall be the Prime Contractor performing the primary functions of the Agreement. If any portion of the Agreement is to be performed by a subcontractor, this must be clearly set forth in the proposal submittal as to what part(s) is/are to be delegated. The City reserves the right to reject any proposal wherein use of sub contractors significantly affects the ability of the p roposer to function as the Prime Contractor on the awarded Agreement. The Prime Contractor will at all times be responsible for the acts and errors or omissions of its subcontractors or joint participants and persons directly or indirectly employed by them. Acceptance or rejection of a proposer’s request to use subcontractors is at the sole discretion of the City.
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SCOPE OF SERVICES
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Objective:
Market Operator shall provide the following services to the City, under the direction of the Community Development Department, which shall identify specific tasks, deliverables, and deadlines on an as-needed basis.
The City of Newport Beach is seeking proposals from qualified proposers interested in providing comprehensive Management Services for a Community Market. The selected Market Operator will be responsible for providing services in accordance with the Scope of Services section. The objective of this Request for Proposals (“RFP”) solicitation is to identify the highest -qualified proposer to provide these services over the course of a proposed five (5) year contract term with an option to extend for one (1) additional five (5) year renewal. The City reserves the right to make multiple awards if doing so serves in the best interest of the City. Final contract terms, including compensation and length of the agreement are subject to final City and/or City Council approval.
Contract Term: Five (5) years with an option to renew for one (1) additional five (5) year term at the discretion of the City Manager, unless terminated earlier as set forth herein.
Minimum Qualifications:
• A t least five (5) years of experience delivering community markets and/or certified farmer’s market for local governments.
• Have qualified personnel who have prerequisite knowledge and experience. • Have at least three satisfactory references for similar services within past three (3) years OR have performed satisfactory work for City within past three (3) years. o The City of Newport Beach reserves the right to contact any of the organizations or individuals listed. Information provided should include:
A. Client Name
B. Project Description
C. Project Start and End Dates
D. Client Project Manager’s Name, Telephone Number and Email Address
• Provide a list of previous markets, including the names of key staff that participated on the named projects and their specific responsibilities with respect to this scope of work. • Provide a summary of the individual’s or firm’s demonstrated capability, experience developing, managing and/or operating community and/or famers’ markets, including the length of time services were provided.
• Meet the insurance requirements detailed in this RFP document.
Note that any unsatisfactory references or unsatisfactory work performance with the City may eliminate the proposer from further consideration.
Proposers who do not meet the Minimum Qualifications may be disqualified.
Description:
The City of Newport Beach intends to obtain the services of a qualified Market Operator to oversee all aspects of the community m arket, from inception to annual operations/management of the market. The Market Operator shall utilize best industry practices and/or best management 14 13-55
practices, which may require additional services not explicitly enumerated. Proposed shall identify any additional services and explain them in their response.
Scope of Work for Community Market
TASK 1 – DETAILED WORK PLAN:
The City of Newport Beach aims to present a high-quality, family-friendly community market. The selected Market Operator shall provide a comprehensive Detailed Work Plan, including, but not limited to, the following key components:
1. Family-Friendly Programming:
• Organize weekly family-friendly games and programming, special events for holidays, and engage with schools and the community. Regularly scheduled pop-ups should be advertised to keep the market fresh and inviting.
2. Music
• E ngage in local performers and school bands that draw their own supporters and patrons to the market.
3. Vendors
• Vendors should be a mix of food (prepared and produce from certified farmers’) and non- food vendors. Local businesses shall get a discounted rate to participate as a market vendor.
4. Detailed Proposed Site Plan:
• A comprehensive vendor location plan, including the anticipated event circulation pattern and the suggested maximum capacity of community market vendors each week. • The site plan should take State of California rules and regulations regarding certified farmers’ markets into consideration. Local fire department regulations should also be followed to ensure tent sizes and spacing do not present a public hazard. • Under the terms of the Agreement, the Contractor shall be responsible for obtaining and maintaining any necessary permits related to the market layout and spacing, which may be required by the fire department.
• Contractor may use the portion of Larkspur Avenue between the public parking lots (as shown on the Attachments listed below, to facilitate the best layout for the community market. The public street may be closed to vehicle through traffic for the duration of the community market each week.
5. Operational Guidelines/Rules for the Community Market:
• A proposed set of Operational Guidelines/Rules for the community market.
6. Typical/Standard Operation Schedule:
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• A proposed standard operating schedule for community market events, including but not limited to:
o Vendor Set-Up Time
o Vendor Clean-Up/Breakdown Time
o Street Closure Guidelines
7. Staffing Plan:
• A detailed staffing plan for managing the market each week, designating a community market manager on-site during market operations to ensure adherence to the contractual agreement between the Market Operator and the City.
8. Information Tent
• Provide an information tent to allow customers and visitors an opportunity for the Market Operator to answer questions and take suggestions on potential new vendors.
9. Trash and Recycling Plan:
• A comprehensive trash disposal and clean-up plan.
10. Proposed Signage for the Site:
• Provide all required signage by State and County Agriculture and Environmental Health.
At least two banners identifying the community market must be displayed. Street closure signage must also be provided by the Contractor, and the location of such signage identified on the proposed site plan.
11. Social Media Presence:
• E stablish and maintain a social media presence, including but not limited to Instagram and Facebook.
12. Restrooms:
• P rovide restrooms and washing stations.
TASK 2 – ANNUAL OPERATING/MANAGEMENT SERVICES:
The Market Operator’s ongoing responsibilities shall include the following:
1. Certification and Licensing:
• A pply for and pay all fees related to certification and licenses from regulating agencies, including County and State Agriculture and Environmental Health. The Market Operator will also obtain a City business license and provide copies of any required permits from local, county, or state health, agriculture, and/or safety agencies. The Market Operator will be responsible for ensuring all vendors also comply with the applicable local, county, or state health, agriculture, and/or safety agencies.
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2. Setup, Operation, Maintenance, and Clean-Up:
• R esponsible for setup, operation, maintenance, sanitation, and cleanup of the community market, including vendor placement according to the approved site plan. The Market Operator shall maintain the market area in a clean and orderly fashion during and after market hours, following guidelines set by the Orange County Health Department and the City.
3. Vendor Participation:
The market must maximize the number of vendors participating in each event, taking into account vendor spacing requirements, fire department permitting requirements, market amenities (like an information tent and restrooms ), and will ideally include at least forty (40) vendors per event.
4. Event Presentation:
• Ensure the market is clean, safe, and presentable. Vendors must be grouped according to State regulations and responsible for their own setup and teardown. Management must ensure vendors set up on time and maintain booths free of tripping hazards, display legal signage and licenses, and comply with fire code regulations.
5. Vendor Recruitment and Compliance:
• The Market Operator shall recruit and retain vendors . The Market Operator shall verify that all vendors considered certified farmers’ market vendors are "certified producers" or "producers" as defined by California regulations, and ensure vendors adhere to all applicable product quality rules.
• Vendors not considered “certified producers” shall also adhere to all applicable federal, state, and local laws and regulations, including obtaining a business license and complying with health and safety requirements.
6. Liability and Permits:
• Obtain a completed Liability Release Statement from each vendor before participation.
Provide a current roster of vendors annually.
7. Adherence to Regulations:
• Ensure operations comply with California Code of Regulations Title 3, Section 1392.1, et seq., and guidelines from the State Department of Agricultural marketing plan. Abide by all federal, state, and local laws, rules, regulations, and City policies.
8. Safety and Security:
• Implement specific security measures as required by City departments. Prevent unauthorized vendor participation without approval.
9. Marketing and Outreach:
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• Develop and implement a marketing and promotional program in collaboration with the City. Design and distribute marketing materials and operate a website for market activities.
Ensure vendors post and tag the market on social media.
TASK 3 – FEES, FINANCIAL TERMS AND RESTRICTIONS:
1. License Fee:
• The Market Operator shall pay the City Five Hundred Dollars ($500) per month, due on the first of each month. The License Fee shall be prorated for partial months.
2. Late Payment:
• A late charge of ten percent of the overdue amount will be applied if the License Fee is not paid within thirty days of the due date.
3. Annual Adjustment:
• The License Fee will be adjusted annually based on the Consumer Price Index (CPI) for the Los Angeles -Riverside-Orange County Metropolitan Area, with a maximum annual increase of 2.5%.
4. Prohibited Items:
• The sale of alcohol, tobacco, CBD, or cannabis -related products is not allowed. All vendors must supply their own equipment and use designated parking areas. Vendors must ensure trip guards are used for cables and provide portable generators if necessary.
ATTACHMENTS
The following pages contain attachments relevant to this project and RFP. They are as follows:
1. Location Map: Corona Del Mar community market – public parking lot at Bayside Drive and Marguerite Avenue, and a portion of Bayside Park. The market should span the following lots: (i) property at the southwest corner of Bayside Drive and Marguerite Avenue (behind Bandera Restaurant located at 3201 Coast Highway E), (ii) the property at the southwest corner of Bayside Drive and Larkspur Avenue (behind the Rite Aid Pharmacy located at 3141 Coast Highway E), and (iii) the property at the southeast corner of Bayside Drive and Jasmine Avenue (which is a portion of Bayside Park).
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2. Sample Market Layout
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REQUIRED CITY FORMS FOR
BID/PROPOSAL SUBMITTAL
A bid/proposal that does not
include the completed and
signed forms from this
section shall be deemed
incomplete and materially
nonresponsive, and shall
not be considered.
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BIDDER/PROPOSER INFORMATION FORM
BIDDER/PROPOSER CONTACT INFORMATION
Bidder/Proposer Firm Name:
Address for Notices:
City: St ate: ZI P Code:
Main Contact Name and Title:
Email:
Telephone: Fax:
BIDDER/PROPOSER SIGNATURE AUTHORIZATION AND CERTIFICATION Per the California Corporate Code, Business and Processions Code, the Bidder's/ Proposer’s Bylaws/Operating Agreement and/or the attached Board Resolutions (if applicable), I/we hereby verity that I/we am/are (an) authorized signatory(ies) for the aforementioned Bidder/Proposer and as such am/are authorized to sign and bind the Bidder/Proposer to contract with the City of Newport Beach.
Date:(1) Signature: ___________________________ ________________________ Title:(1) Print Name: ___________________________ ___________________________ Date:(2) Signature: ___________________________ __________________________ BIDDER/PROPOSER AUTHORITY IS PROVIDED IN ACCORDANCE WITH:
(2) Print Name: ___________________________ Title: ___________________________ Copy Attached
Copy Attached Board Resolution
Corporate or Business Professions Code **
Bidder/Proposer's Bylaws/Operating Agreement Section:_________ ** If Bidder/Proposer is a corporation, two (2) authorized signatures will be required on all documents submitted, unless specified in the organization’s Bylaws or corporate resolution.
IMPORTANT NOTE:
If the signature authorization status of any individual changes during the term of the contract, i
t is the responsibility of the Bidder/Proposer to contact the RFP Administrator regarding the change and to complete and submit a new Bidder/Proposer Information Form.
Incorrect information
on file may delay the processing of any of the documents submitted. 25 13-66
STATEMENT OF COMPLIANCE
The undersigned declares that the Proposal submitted to prepare an environmental impact report (EIR) related to proposed surf farm project, as described in, and in response to City of Newport Beach
RFP No. 25-14 was prepared in strict compliance with the instructions, conditions, and terms listed in the RFP, Scope of Services and Draft Agreement, with exceptions listed below, if applicable. At least one box for each item must be checked.
RFP Instructions and Terms & Conditions (Check One)
Exceptions Tak en
Exceptions Tak en
No Exceptions Taken
Scope of Services (Check One)
No Exceptions Taken
Insurance Requirements (Check One)
No Exceptions Taken Exceptions Taken
If any exceptions are taken, this Statement of Compliance shall include a narrative that identifies each item to which the Bidder/Proposer
is taking exception or is recommending change, including the suggested rewording of the contractual obligations or suggested change in the RFP, and identifies the
reasons for submitting the proposed exception or change. When available, please reference specific line item numbers as
provided in the RFP. The City reserves the right to rule as non-responsive and reject any Proposals that are not accompanied with the required documentation as described above.
Signature Date
Print Name Title
[Attach a separate sheet(s) detailing each exception being taken, if applicable] No Exceptions for Changes to the Draft Contract Agreement Terms and Conditions Shall be Allowed
Acknowledgment
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AFFIDAVIT OF NON- COLLUSION AND NON -DISCRIMINATION
I hereby swear (or affirm) under the penalty of perjury:
That the attached bid/proposal has been prepared by the bidder/proposer independently and has been submitted without collusion with and without any agreement, understanding, or planned common course of action with any other firm
or entity designed to limit fair and open competition;
That the contents of the bid/proposal response have not been communicated by the bidder/proposer or its employees or agents to any person not an employee or agent of the bidder/proposer and will not be communicated to any such persons prior to the official opening of the solicitation responses; and The bidder/proposer does not and shall not discriminate, will provide equal employment practices, and will adhere to an affirmative action program to ensure that in their employment practices, persons are employed and employees are treated
equally and without regard to or because of race, religion, ancestry, national origin, sex, sexual orientation, age, disability, marital status or medical condition.
I certify that
the statements in this affidavit are true and accurate.
Signature Dat
e
Print Name Title
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Name of Firm: Date: ________________
Address: ________________________________________________ State: Zip Code: Phone No.:
1. No Federal appropriated funds have been paid, by or on behalf of the above named firm to any person for influencing
or attempting to influence an officer or employee of any 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 c ontract, the making of any Federal grant, loan or cooperative
agreement, and any extension, continuation, renewal, am endment, or modification there of, and;
2. If any f
unds other than Federal appropriated funds hav e paid or will be paid to any person for influencing or attempting to influence an officer or employee or any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of C ongress in connection with this Federal contract,
grant, loan, or cooperative agreement, t he above named firm shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activites", in accordance with its instructions, and:
3. The above-na med firm shall require that the language of this certification be included in the award documents for
all sub-aw ards at all tiers (including subcontracts, sub-gr ants, and contracts under grants,
loans, and cooperative agreement) and that all sub-re cipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of
this certification is a prerequisite for making or
entering into the transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
AFFIDAVIT OF NON-FEDERAL LOBBYIST REQUIREMENTS CERTIFICATION Acting on behalf of the above-named firm, as its Authorized Official, I certify as follows:
Signature Date
Print Name Title
28 13-69
All vendors interested in conducting business with the City of Newport Beach must complete and return the Vendor Conflict of Interest Disclosure Form in order to be eligible to be awarded a contract.
Please note that all vendors must comply with the conflict of interest policies stated below.
Failure to disclose potential conflicts of interest shall result in disqualification from doing business with the City.
The vendor named below has none of the following conflicts of interest:
1. No City of Newport Beach official or employee or City of Newport Beach employee’s immediate family member has an ownership interest
in vendor’s company or is deriving personal financial gain from this contract;
2. No retired
or separated City of Newport
Beach official or employee who
has been retired or
separated from the organization for less than one (1) year has an owners hip interest in vendor’s
company;
3. No City of Newport Beach official or employee is contemporaneously employed or prospectively to
be employed with the v
endor; and
4. Vendor hereby declares
it has not and will not provide gifts or hospitality of any dollar value or any other
gratuities to any City of Newport Beach official or employee to obtain or maintain a contract.
I certify that the information provided is true and correct by my signature below:
Vendor Name Vendor Phone Number
Conflict of Interest Disclosure
Name(s) of City of Newport Beach employees,
elected officials, or immediate family members with
whom there maybe a potential conflict of interest.
Relationship to employee _______________
Interest in vendor’s company ____________
Other ______________________________
If a vendor has a relationship with a City of Newport Beach official or employee or an immediate family member of a City of Newport Beach official or employee, the vendor shall disclose the information required below.
VENDOR CONFLICT OF INTEREST DISCLOSURE FORM
Signature Date
Print Name Title
29 13-70
Name of Firm:
I, the undersigned, a duly authorized representative of the above-named firm (“Consultant”) to the best of my
knowledge and belief, certify as follows:
Consultant, including its principals:
1. Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
covered transactions by any federal department or agency, and not does no
t have a proposed debarment pending;
2. Has not within the three-year
period preceding this certification been convicted of
or had a civil judgment r
endered against it for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction, contract, or subcontract under a public transaction; f or violation of federal or state antitrust
statutes; or for commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property;
3. Is not presently indict
ed for or otherwise criminally or civilly charged by a governmental entity (federal, state, or l
ocal) with commission of any of the offenses enumerated in paragraph (2) above;
4. Has not within the three-year period preceding this certification had one or more public transactions (federal, s tate or local) t
erminated for cause or default; and
5. Consultant further certifies that
Consultant, including its principals, is not listed on the government-wide exclusions in the System for Award Management (SAM.gov).
DEBARMENT AND SUSPENSION CERTIFICATION
I acknowledge that falsely providing this certification may result in criminal prosecution or administrative sanctions, and that this certification is a required component of all proposals in response to this RFP.
A proposal
that does not include a completed and signed version of this certification will be deemed incomplete and materially nonresponsive, and will not be considered.
Signature Date
Print Name Title
30 13-71
One of the mandatory attachments that the PlanetBids portal will prompt you for is called a “Cost File.” Please upload this document to satisfy the requirement.
DO NOT INCLUDE A COPY OF YOUR COST FILE WITH THE MAIN PROPOSAL FILE. Failure to comply with directions may result in a penalty during the evaluation of the proposal.
COST FILE INSTRUCTIONS
A. All work shall be performed in accordance with specifications as described in the RFP.
B. Please enter your proposed pricing in the spaces provided below.
C. Pricing provided in this Cost File will assist in the determination of the contract award.
Unreasonable prices may result in rejection of the entire bid proposal. The City reserves the right to request changes and/or negotiate any Cost File as needed to complete the award process.
D. Proposer shall submit a fixed price Cost File for the entire duration of a five (5) year contract term with an option to extend for one (1 ) additional five (5 ) year term.
Proposers are encouraged to provide their best pricing. Once the RFP is closed, the City will not accept a revised price unless clarification is requested by the RFP administrator.
E. Pricing provided shall include any and all labor; materials; equipment; supervision; travel and expenses; inflation/increases (outside of any agreed upon CPI adjustments); and insurance to provide the services as described in the RFP.
F. Proposers shall not modify any content in this document and shall only provide responses within the boxes provided.
G. Proposer shall be solely liable for compensation due to employees and adhere to all minimum wage requirements and overtime guidelines. Proposer shall consider the State of California mandate and provide a cost proposal accordingly to ensure minimum wage requirement is met each year of the resultant contract.
H. The Cost File shall be valid for 180 calendar days from the closing date of the RFP. If the offer is accepted within that time period, the Proposer agrees to provide all services and items as stipulated in the RFP and any accompanying addenda.
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Other Costs: In the space below, please indicate any other costs that may be associated with providing the requested services in this RFP that are not included in the table above. The costs provided in this section will not be used to assist in the determination of the contract award.
Should additional space be required, use a separate page(s) and attach as part of the Cost File.
The undersigned certifies that submission of this Proposal is made without prior understanding, arrangement, agreement, or connection with any corporation, firm or person submitting a Proposal for the same services, and is in all respects fair and without collusion of fraud. The undersigned certifies that they have not entered into any arrangement or agreement with any City of Newport Beach public officer. The undersigned understands collusive practices are a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards.
__________________________________________ ____________ Proposer Signature Date
__________________________________________
Printed Name and Title
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The Submittal Checklist and Proposal Format is used to help proposers minimize the risk of a proposal being penalized, disqualified or deemed non-responsive. Please review the Evaluation Criteria, Scope of Services and utilize the Submittal Checklist Proposal Format to build a complete RFP document for submittal.
1. PRE-PROPOSAL REQUIREMENTS
REGISTER ON CITY OF NEWPORT BEACH PLANETBIDS PORTAL AND
DOWNLOAD DOCUMENTS
Visit http://www.newportbeachca.gov/bidderportal to register for this RF P and download all documents.
2. PROPOSAL FORMAT
Click on the “Place eBid” button (located in the bottom right hand corner of the screen) to start submitting your proposal. After you complete the “Detail” tab with your information, click on the “Attachments” tab, which will prompt you to attach each of the following items that is accompanied with a checkbox:
RESPONSE FILE
For the Response File, please upload a document that addresses the following areas:
• QUALIFICATIONS AND EXPERIENCE OF THE FIRM
A statement shall summarize key elements of the proposal and highlight your firm’s qualifications as they relate to this project and these services requested.
The Statement of Qualifications should demonstrate to the City that you possess the experience and qualifications to provide the services requested.
o REFERENCES/RECENT PROJECT HISTORY
Provide at least three (3) references for which your firm has performed similar services. Provide a brief synopsis of the services performed and contact information for each reference. Emphasis will be placed on references that are local government entities. The City reserves the right to contact any references provided.
• QUALIFICATIONS AND EXPERIENCE OF KEY PERSONNEL
Identify key personnel from your firm, including specific management personnel that would be assigned to this Project, if any. Any and all Prime Contractor and Subcontractor relationships and responsibilities must be detailed. If you are not utilizing subcontractors, please provide a narrative confirming this. Identify the City’s primary point(s) of contact for service requests.
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• METHOD OF APPROACH / PROJECT APPROACH
Confirm that you can perform all services requested in the Scope of Services .
If there are any items that cannot be performed, please indicate as such in your response. The response in this section should demonstrate relevant subject matter expertise and convey confidence that you can successfully perform all requested services. If applicable, insert a schedule/implementation timeline.
Please organize your submittal to specifically respond to the tasks outlined in the Scope of Services, including:
Task 1 – Detailed Work Plan
Task 2 – Annual Operating/Management Services
Task 3 – Fees, Financial Terms and Restrictions
The information requested above is intended as a baseline minimum in order to give the evaluation panel an understanding and familiarity with your operations. If you have more information that can help the panel assess your experience and qualifications for this project, please include it in the Response File.
3. ADDITIONAL DOCUMENT DOWNLOADS, ACKNOWLEDGEMENT, AND
SUBMISSION
Detailed Proposed Site Plan
4. COST FILE
One of the mandatory attachments that the PlanetBids portal will prompt you for is called a “Cost File.” This requirement can be satisfied by completing and uploading the Cost File. The Cost File is either attached as part of the RF P or satisfied by following the requirements requested in the Scope of Services.
DO NOT INCLUDE A COPY OF YOUR COST FILE WITH THE MAIN PROPOSAL FILE. Failure to comply with directions may result in a penalty during the evaluation of the proposal.
5. REQUIRED SUBMITTAL DOCUMENTS
BIDDER/PROPOSER INFORMATION FORM
STATEMENT OF COMPLIANCE
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AFFIDAVIT OF NON-COLLUSION AND NON-DISCRIMINATION
AFFIDAVIT OF NON-FEDERALIST LOBBYIST REQUIREMENTS
CERTIFICATION
VENDOR CONFLICT OF INTEREST DISCLOSURE FORM
DEBARMENT AND SUSPENSION CERTIFICATION
6. SUBMISSION INSTRUCTIONS
DOWNLOAD AND ACKNOWLEDGE ADDENDA (IF APPLICABLE)
If issued for this RFP, the Portal will prompt you to download any active addenda.
Such addenda will need to be electronically acknowledged before your proposal is accepted. If your proposal is submitted before an addendum is issued, you will be prompted to log back into the Portal and acknowledge outstanding addenda.
ELECTRONICALLY TRANSMIT THE PROPOSAL USING THE CITY OF
NEWPORT BEACH PLANETBIDS PORTAL
Click on the “Submit” (green) button to finalize and submit your proposal to the City.
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