HomeMy WebLinkAbout04b_Draft RFP for Consulting Services - RedlinedGP Update Steering Committee - March 20, 2019
Attachment 2
CITY OF NEWPORT BEACH
REQUEST FOR PROPOSAL
COMMUNITY ENGAGEMENT
RELATED TO A FUTURE
GENERAL PLAN UPDATE
RFP Due Date: Friday, May 3410, 2019
RFP Administrator: Anthony Nguyen, Purchasing Agent
949-644-3080
anguyen@newportbeachca.gov
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TABLE OF CONTENTS
SECTION 1: RFP OVERVIEW.......................................................................................Error! Bookmark not defined.4
INTRODUCTION.........................................................................................................................................................2
Objective............................................................................................................................................................... 2
Definitions............................................................................................................................................................. 3
Proposal Evaluation Criteria..................................................................................................................................3
SelectionProcess...................................................................................................................................................4
RFPSchedule.......................................................................................................................................................54
INSTRUCTIONS..........................................................................................................................................................6
SubmittalInformation...........................................................................................................................................6
Questions, Answers and Addenda To RFP..............................................................................................................6
ProposalFormat.................................................................................................................................................... 6
TERMS AND CONDITIONS......................................................................................................................................... 7
I. Acceptance of Terms and Conditions ............................................. ff........................................................ 7
II. Precedence of Terms and Conditions............................................................................................................ 7
III. Public Record........................................................................7
..... ......
IV. Availability of Records..............................................................................................................................7
V. Late Proposals..................................................................................... 7
VI. Specificity of Information
VII. Errors and Omissions..........................................................e..................................................................7
VIII.
Proposal Validity......................................................................................................................................7
IX.
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Right of Rejection......................................................................................................................................8
X.
Right of Rejection of Lowest Fee Proposal....................................................................................................8
XI.
Non-Compliance...........................................................................................................................................8
XII.
Exceptions to Proposal Requirements......................................................................................................8
XIII.
Determination of Responsiveness and Responsibility..............................................................................8
XIV.
Obligation to Award ............................ won* ..............................................................................................
8
XV.
Bidder Reimbursement Prohibition..........................................................................................................8
XVI.
Gratuity Prohibition........................a.....................................................................................................8
XVII.
Contact with City Personnel or Entities....................................................................................................9
XVIII.
Indemnification........................................................................................................................................9
XIX.
Insurance Requirements..........................................................................................................................9
XX.
Compliance with All Applicable Laws.......................................................................................................9
XXI.
Inclusive Proposal Pricing.........................................................................................................................9
XXII.
Subcontractor/Joint Ventures..................................................................................................................9
SECTION
2: SCOPE OF SERVICES...........................................................................................................................10
SECTION
3: PROPOSAL ATTACHMENTS................................................................................................................14
ATTACHMENT A: STATEMENT OF COMPLIANCE....................................................................................................1 S
ATTACHMENT 8: PROPOSER INFORMATION FORM..............................................................................................16
ATTACHMENT C: PROPOSAL REQUIREMENTS CHECKLIST.....................................................................................17
SECTION 4: APPENDICES......................................................................................................................................18
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RFP OVERVIEW
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INTRODUCTION
Objective:
"Cities have the capability of providing something for everybody, only because, and only when,
they are created by everybody."'—Jane Jacobs, author
The City seeks a qualified consultant or consulting team (Consultant) to creatively and comprehensively gather
community input on the existing Newport Beach General Plan including its Vision Statement, as well as its goals
and policies. The Consultant will prepare and execute a community outreach program with the goal of receiving
and documenting suggested revisions to the General Plan from as many constituents and groups as possible. At
the conclusion of the program, the Consultant will prepare a detailed written summary of what was learned
during the process. The summary will be a consensus perspective, but it will include all the various voices and
thoughts expressed, pFevided they aFe Felevant -^^' "^-a-s^A-a"'^. The community engagement process has been
labeled the, "Listen and Learn" process.
The term "community" is the entire �# population liviri and�o orking in the City, including residents,
special interest groups, community and homeowner's associations, property owners, the business community
and regulatory agencies; the term is all-inclusive.. and it includes all persons who have an interest or "stake" in
the community. The City Council places significant value on its residents' perspective; however, all viewpoints are
important to consider.
NEWPORT BEACH
The purpose of the Listen and Learn process is to embark on a well-informed, focused
update of the General Plan. The current General Plan was adopted in 2006, and has
been amended several times since primarily as a result of project -specific applications.
The core of the plan seems sound. It is not the current intention of the City to create a
GENERAL PLAN UPDATE
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new plan, rather the City is interested in updating the existing plan to reflect a
potentially changed community vision and the current General Plan requirements of
State Law (Government Code §65300-65303.4). i
The City Council has created ,;an ad-hoc committee with seven voting members and one ex officio
member (non-voting) called the General Plan Update Steering Committee (Steering Committee) to guide the
Listen and Learn process. This Steering Committee will provide direction to the Consultant and staff through the
process as well as it will provide a forum for public input on the initial phases of the overall update process.
DRAFT SCHEDULE OUTLINE
a) April 2019 —June 2019 (2 months)
• Request for proposals
• Proposal evaluations
• Consultant selection
b) July 2019 — March 2020 (8 months)
• Community outreach and visioning
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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 (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, limited liability company, partnership, e -r -corporation, or other legal
entity that is submitting a proposal in response to this RFP process.
■ "Project": The preparation and execution of a comprehensive community outreach program, as well as +-s
dee me.pta*i^^the preparation of a detailed written summary of what was learned during the Listen and
Learn process. The Summary should be presented in an easy -to -navigate guide for a future update of the
General Plan.
■ "Shall": Refers to a mandatory requirement.
■ "Consultant/Contractor": Refers to the individual, limited liability company, partnership, e -F -corporation,
or other legal entity including their subcontractors 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 destF ysdescribes a legal relatiep relationship in exchange for
consideration.
■ "Steering Committee": Refers to the General Plan Update Steering Committee, an ad-hoc committee
created by the City Council.
Proposal Evaluation Criteria:
Proposals will be evaluated on the basis of the response to all of the 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 eFiteFiencriteria and corresponding percentages in its evaluation and comparison of
proposals submitted. The criteria listed are not necessarily an all-inclusive list. The City reserves the right to
modify t#eeach evaluation criterion and percentage of the score as deemed appropriate piaFfrom time to
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POTENTIAL PROPOSAL EVALUATION ro'T�r"dCRITERIA
Qualifications and experience of the proposing 60%
Consultant firm or team conducting similar
projects, of comparable complexity, and
magnitude, particularly for government
agencies.
A demonstrated understanding of the 15%
requested scope of services or work program.
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POTENTIAL PROPOSAL EVALUATION ro'TN'CRITERIA
The Consultant's ability to deploy services as 15%
identified in the Scope of Services on
schedule.
Recent references from local clients with 10%
particular emphasis on local government.
The City reserves the right to determine whether a proposal meets the specifications and requirements of this
RFP and reject any proposal that, in the City's sole discretion, fails to meet the detail or intent of the requirements.
The City reserves the right to reject any and all proposals.
Selection Process:
The Steering Committee intends to employ a three-step process to selectidentify a Consultant to recommend
to the City Council for this Project. However, this process may be varied at the discretion of the Steering
Committee.
In the first step, known as "Technical Evaluation," a panel of City staff, with oversight of the Steering Committee,
will rate the technical qualifications of all Proposals using the criteria described above to arrive at a Technical
Score. Each criterion will be assigned a unique scoring weight based on the significance of each criterion to the
overall success of the Project. Since this is a procurement for a professional service, cost will not be assessed
during Technical Evaluation. If, upon conclusion of Technical Evaluation, (1) there are M ltit,-r'^ ^{multiple firms
close together ;n regarwith similar Technical Scores; or (2) no single firm has been distinguished as a likely
successful candidate, the City reserves the right to initiate live interviews. Firms invited to interview shall have
their panel interviews evaluated and scored, resulting in adjustments to the Technical Score.
In the second step, once an order of candidate rankings has been achieved based on Technical Score, t#eall
Proposals and their respective rankings will be presented to the Steering Committee at a public meeting. The
Steering Committee vVill have the abili Vmay choose to interview the tep three -one or more candidates at one of
its regularly scheduled public meetings.
In the third step, the Steering Committee will seleaidentify the highest -qualified firm and direct City staff to open
its Cost Proposal, which will be evaluated for feasibility and reasonableness. If the Cost Proposal is deemed to be
unfeasible and/or unreasonable, efforts may be initiated by the City to negotiate with the Proposer to reach more
favorable terms. If these negotiation efforts fail, the City will consider the Cost Proposal from the second highest
qualified firm, and so forth until a desired resolution is achieved.
After the conclusion of the Selection Process, the Steering Committee will make one or more recommendations
to the City Council about the Consultant.
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RFP Schedule:
The following is a tentative schedule of the 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 RFP SCHEDULE
RFP Published:
ApFil March 25, 2019
Questions from Proposers Due:
Monday, April 358, 2019
Questions and Responses Posted:
Monday, April 2-2-15, 2019
Proposals Due:
Friday, May 310, 2019
Interviews:
Week of May 2- 20, 2019
Anticipated Contract Award:
June -July 2019
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INSTRUCTIONS
Submittal Information:
In an effort to comply with environmentally -friendly practices, Proposals are due by 11 a.m. on Friday, May
X10, 2019, in electronic format only via email to the email address of the RFP Administrator indicated below.
RFP Administrator: Anthony Nguyen
T: 949-644-3080
E: anguyen@newportbeachca.gov
(Please mark all submittals "RFP — Community Engagement")
It is the responsibility of the Proposer to ensure that their Proposal is received before the stated deadline. The
RFP Administrator may be contacted at 949-644-3080 to verify receipt of proposals. Postmarks will not be
considered as a valid excuse for delayed or missing proposals. In the event Proposers either cannot submit
Proposals electronically or the Proposals are too large to transmit, Proposers must contact the RFP Administrator
to make arrangements for hard copy delivery.
Questions, Answers and Addenda to RFP:
Prior to the RFP submission deadline questions may arise regarding the specifications and procedural or
administrative matters. By Monday, April 158, 2019, all questions pertaining to this RFP shall be directed to the
RFP Administrator only. The RFP Administrator will draft, in consultation with other City staff, a response to all
questions submitted and email the responses to all potential Proposers who have requested responses.
Additionally, the questions and responses will be posted on the City's website on Monday, April 2415, 2019.
Changes to the RFP itself shall only be made by the City via formal written addenda. All addenda shall become a
part of the RFP document requiring response by the proposer where indicated.
Proposal Format:
Proposers shall submit one (1) electronic copy of their proposals to the RFP Administrator. Please refer to
Proposal Requirements Checklist (Attachment C) for specific directions regarding the content and format of your
proposal. As closely as possible, please adhere to the format and order provided in the Proposal Requirements
Checklist when assembling proposals. Please note that part of the evaluation criteria takes into consideration the
responsiveness of a proposal; proposals missing the required components listed below will be evaluated
accordingly.
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TERMS AND CONDITIONS
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 Draft Agreement, unless clearly and specifically stated otherwise in the completed Statement of
Compliance.
II. Precedence of Terms and Conditions
All other terms and conditions of the Draft Agreement attached within this RFP as Appendix A are hereby incorporated into the
terms and conditions of this RFP. In the event of a conflict of terms and conditions between the RFP document and the draft
agreement, the terms and conditions expressed in the 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 RFP Administrator.
IV. Availability of Records
All relevant documents pertaining to this RFP and procurement process shall be made available by the Community Development
Department upon successful conclusion of the entire procurement process.
V. Late Proposals
Any proposal which is not received by the RFP Administrator prior to the deadline date and time set forth in this solicitation may
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 Proposers 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 submitted with their proposals. Where such errors or omissions are discovered by the City, full instructions
will be given by the City in the form of an addenda.
Proposal Validity
Unless otherwise noted by the Proposer, all proposals shall be held valid for a period of 180 days.
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IX. Right of Rejection
The City reserves the right to: (1) Accept or reject any 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
project, 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 Proposer 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.
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
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 or
Steering Committee member for the any purpose of influen gas it may be perceived as an attempt to influence consideration of
this proposal. Submission of a Proposal indicates Proposer 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.
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XVII. Contact with City Personnel or Entities
During the RFP procurement process, proposal evaluation process and proposal selection process, the RFP Administrator is to serve
as the primary point of contact for any and all matters pertaining to this RFP and Project. Proposers shall not contact any City
personnel or entities other than the RFP Administrator 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.
Indemnification
Proposer, at its own expense and without exception, shall indemnify, 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 Consultant(s) for this Project shall be required, prior to the execution of a Contract, to furnish proof of insurance. The
specific insurance types and limits depend on the Project and can be found in the Draft Agreement (Appendix A) of this RFP
solicitation.
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 and business licensing.
XXI. Inclusive Proposal Pricing
Proposal pricing shall include any and all applicable licenses, insurance coverage, endorsements, bonding and if necessary, a ny 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 Consultants for any charges not included in the Proposal pricing that are incurred in securing these
requirements.
XXII. Subcontractor/Joint Ventures
The selected Consultant 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 subcontractors significantly affects the ability of
the Proposer 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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RFP — GeneFa' PlaR "plot -Community Engagement
SCOPE OF SERVICES
The following is a basic description of the anticipated work program components. These components are not
all-inclusive and the Consultant is encouraged to provide recommendations to help achieve the City's objective.
Task 1. Consultant Familiarization with the General Plan
a) The Consultant shall review and become familiar with the current General Plan and all its elements, goals
and policies. Particular attention must be paid to the Vision Statement.
b) The Consultant shall be familiar with current State requirements for general plans, as identified in the
Governor's Office of Planning and Research 2017 General Plan Guidelines or any successor document,
to understand where the General Plan must be updated to comply with State law.
C) The Consultant shall attend all Steering Committee meetings throughout the process to observe,
participate, and prepare detailed minutes. The Proposal shall include a cost per meeting.
Task 2. Community Engagement and Outreach Program Preparation
a) The Consultant, with the assistance of the Steering Committee and City staff, shall prepare a community
engagement and outreach program (Outreach Program). The purpose of the Outreach Program will not
be for the consultant to suggest ways the General Plan should be changed, rather the goal of the
Outreach Program is to creatively engage as many constituents as possible, to energize their
participation, and to solicit and receive as much feedback as possible about areas of concern in the
current General Plan.-, including the Vision Statement. The process will be open, transparent, focused in
scope, and inclusive. Program execution must be interactive where the community can:
• Learn about the current General Plan and provide input as to how it may need to be updated;
• Examine and re#resl4provide input on the existing General Plan Vision Statement^rimed; and
• Provide input on the various General Plan Elements, Goals and Policies contained therein that may
be updated in the future to reflect a refreshed Vision Statement, emerging trends, and State law
requirements.
The program must include:
• Preparation and maintenance of an interactive online webpage/portal. Please see the City's initial
pages for the effort at www.newportbeachca.gov/gpupdate, The City intends to host the website
and provide Consultant access to the system for creation and maintenance purposes, unless there is
a compelling reason to do otherwise;
• Appropriate user-friendly educational materials;
• SpvppA minimum of seven visioning workshops, at least one in each Council District, where the
community can debate what is working, what is not working, and where we want to go as a
community. The Proposal shall include a cost -per -meeting, as there may be the potential to hold
additional meetings beyond the initial seven workshops;
• Several individual stakeholder meetings�
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• Individual stakeholder meetings, as required. The Proposal should include a cost -per -meeting since
a minimum or maximum amount has not been identified at this time;
• Innovative methods of driving active participation from the community; -a -n4
• Digital engagement through use of virtual town hall meetings, citywide and neighborhood -centric
on-line surveys, and use of various di4eFeRt media platforms. The purpose of using digital
forums is to better reach those members of the community who might not be able to participate in
physical community meetings for whatever reason; and
• A schedule for implementation of the Program.
The Outreach Program will be reviewed and approved by the Steering Committee prior to kickoff.
b) The Consultant, with the assistance of the Steering Committee and City staff, shall implement the
Outreach Program based upon the identified schedule. City staff will assist in scheduling and securing
proper locations for workshops or other stakeholder meetings.
Task 3. Capturing Community Desires
The Consultant shall be responsible for capturing and documenting the community's comments and
suggestions for change throughout the Listen and Learn process. The overall purpose is to create a focused
and easy -to -navigate resource to guide potential updates to the General Plan after the conclusion of the
Listen and Learn process. This Task shall include the following minimum components:
• A detailed discussion with a consensus statement, a summary of desired changes to the Vision
Statement, and all other potential changes to the General Plan or issues to be addressed through
other means (e.g., Zoning Code, etc.);
• All the waeie,+; voices and thoughts expressed, pFevided they aFe Felevapt ,^^' Fable; and
• An up-to-date, user-friendly online portal that is maintained throughout the project.
The final draft document must be created in a presentable, organized, user-friendly fashion that includes a
complete overview of the Outreach Program efforts and everything that was learned from the Community.
The Consultant shall present the draft document and the information contained therein to the Community
at a Steering Committee meeting. The Steering Committee may directal changes to the draft document
and the Consultant shall be responsible for producing a final document.
Consultant Representative
The Consultant shall assign a primary representative and an alternate to perform the services described in the
scope of work. Approvals of the individuals assigned shall be at the Steering^mmicci„r,cCommittee's
discretion. Each individual shall be identified in the proposal and resumes shall be provided with references.
The Consultant's representatives shall remain responsible for all duties from contract negotiations through
project completion. If the primary representative is unable to continue with the project, then the alternate
representative is expected to become the primary representative.
Additional Consultant Responsibilities
The Consultant shall be responsible for completing the specified services in accordance with the City's standard
"Professional Services Agreement". A copy of the standard agreement is attached as Appendix A. Services
specified in this agreement shall be taken directly from the Consultant's proposal and from the "Request for
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Proposal'. In addition, the scope of services may be adjusted at the discretion of the City to incorporate
information generated in the interview process or as otherwise deemed appropriate by the Steering Committee
or City Council.
City Responsibilities
The City will provide the following items to assist the Consultant in completing the requested services:
• Primary and alternate City representative;
• General Plan;
• Preparation of map exhibits, if needed;
• r^^eWork with the Consultant to coordinate and schedule meeting spaces for Staff, Steering
Committee, stakeholder and public meetings;
• Notice 4 -Steering Committee meetings; and post meeting agendas and prepaFatieR Af aerie^
• Provide staff support, oversight and direction oto the Consultant throughout the process.
Payment for services shall be monthly based upon satisfactory progress, submission of requests for
reimbursement, and percent of work completed, with a retention factort, which recognizes that the value
of the work is heavily dependent on delivery of the final report.
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RFP -Community Engagement
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ATTACHMENT A: STATEMENT OF COMPLIANCE
Instructions: Each proposal must be accompanied by a signed Statement of Compliance. The Proposer must sign
one, and only one of the declarations stated below and remit as part of your Proposal as Attachment A.
No Exceptions. The undersigned declares that the Proposal submitted by (Name of Firm)
to prepare a�a—a re.a e.arte the Nevi
Rear" 1 -and "ss^ E'^m^p+and execute a community outreach program with the goal of receiving
and documenting the community's desire for change with respect to its General Plan as
described in the RFP was prepared in strict compliance with the instructions, conditions, and
terms listed in the RFP, Scope of Services and Draft Agreement with no exceptions taken.
Signature
Printed Name and Title
Date
Exceptions. By signing below, the Proposer acknowledges that the Proposal submitted by (Name
of Firm) has been prepared in
consideration of and with exception to some of the terms of the RFP, Scope of Services and Draft
Agreement. By signing below, the Proposer declares that the Proposal includes a statement that
identifies each item to which the Proposer is taking exception or is recommending change,
includes the suggested rewording of the contractual obligations or suggested change in the RFP,
and identifies the reasons for submitting the proposed exception or change. The City reserves
the right to reject any declarations that are not accompanied with the required documentation
as described above.
Signature
Printed Name and Title
Date
[ Attach a separate sheet(s) detailing each exception being taken ]
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ATTACHMENT B: PROPOSER INFORMATION FORM
Instructions: Complete the form below and remit as part of your Proposal as Attachment B.
CONSULTANT INFORMATION
CONSULTANT/FIRM NAME:
ADDRESS FOR NOTICES:
MAIN CONTACT (NAME AND TITLE):
CONTACT NUMBERS: TELEPHONE: FAX:
E-MAIL ADDRESS:
FIRM SIGNATURE AUTHORIZATION AND CERTIFICATION
Per the California GerperateCorporations Code, Business and Professions Code, the Consultant's Bylaws/Operating Agreement and/or the attached
Board Resolution (if applicable), I/we hereby verify that I/we am/are (an) authorized signatory(ies) for the aforementioned Consultant and as such
am/are authorized to sign and bind the Consultant in contract with the City of Newport Beach.
1. CONSULTANT AUTHORIZED SIGNATORY(IES):
SIGNATURE PRINT NAME TITLE DATE
SIGNATURE PRINT NAME TITLE DATE
2. SIGNATURE AUTHORIZATION IS PROVIDED IN ACCORDANCE WITH:
❑ Proposer's Bylaws/ Operating Agreement Section
❑ Board Resolution
❑ GOFPGFateCorporations or Business and Professions Code**
❑ Copy Attached
❑ Copy Attached
**If Consultant is a corporation, two (2) authorized signatories 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, it is
the responsibility of the Consultant to contact the City Administrator for the Consultant regarding the change and to
complete and submit a new Signature Authorization Form. Incorrect information on file may delay the processing of
any of the documents submitted.
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ATTACHMENT C: PROPOSAL REQUIREMENTS CHECKLIST
Instructions: This checklist is provided as a guide for Proposers to assemble Proposals. As closely as possible,
please adhere to the following format and order when assembling proposals. Please note that part of the
evaluation criteria takes into consideration the responsiveness of a proposal; proposals missing any required
attachments shall be evaluated accordingly. Submittals should follow the same order and sections indicated
below:
PART 1: TECHNICAL PROPOSAL SECTION
SECTION A- -)POSER BACKGROUND
❑ COVER LETTER
A cover letter not to exceed two (2) pages in length shall summarize key elements of the proposal
and demonstrate an understanding of the Project as requested. The cover letter shall be signed
by a representative able to submit a formal offer and bid the Proposer to contractual obligations.
❑ ORGANIZATIONAL STRUCTURE
Provide identification of the project team, including organizational chart and resumes of each
team member. The consultant's primary representative shall be available on all occasions for
discussion with City staff. Specific responsibilities of each team member, along with their
anticipated total effort in the projects, shall be detailed in a matrix of total hours of work for each
task versus each job classification on the project. Identify key personnel from your firm, including
specific personnel that would be assigned to this Project, if any. Any and all Prime Contractor
and Subcontractor relationships and responsibilities must be detailed.
SECTION R AHODOLOGY
❑ PROPOSAL — METHODOLOGY
Provide your proposed work plan, which shall address every point listed in the scope of services.
The ideal work plan should provide an overview of the processes that would be utilized by your
firm in facilitating this Project and demonstrate familiarity with developing similar plans. If your
firm offers additional services not specifically described in the Scope of Services, provide a
description of these services and the benefit they serve to the City.
❑ ANTICIPATED WORK SCHEDULE
Provide a comprehensive proposed project schedule, including proposed start and completion
dates for each task.
SECTION C: PROPOSER EXPERIENCE
❑ MINIMUM REQUIREMENT: EXPERIENCE
Demonstrate experience with at least three (3) projects of a similar scope and nature by providing
a synopsis of each project.
17 1
27
❑ REFERENCES/RECENT PROJECT HISTORY
Provide at least three (3) references for whom 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.
SECTION D: PROPOSAL ATTACHMENTS
❑ ATTACHMENT A: STATEMENT OF COMPLIANCE
Proposers must submit a signed Statement of Compliance with proposals. The Statement of
Compliance is separated into two sections, only one of which is to be signed. The first section
states that the Consultant agrees with all terms and conditions as indicated in this RFP document
and/or Draft Agreement; the second section states that the Consultant intends to take exception
to certain terms and conditions within the RFP document and/or Draft Agreement.
❑ ATTACHMENT B: PROPOSER INFORMATION FORM
❑ ATTACHMENT C: PROPOSAL REQUIREMENTS CHECKLIST
❑ OTHER INFORMATION
Include any other information you consider to be relevant to the proposal.
PART 2: COMPENSATION PROPOSAL SECTION
❑ COST/FEE PROPOSAL
Provide a not -to -exceed fee for the services to be provided and current fee schedule for each job
classification. These items shall be submitted in a separate submittal. The fee shall be broken
down showing hours for each job classification for each task, fee for each task, and shall include
miscellaneous costs such as travel, duplication, clerical support, etc. The City reserves the right
to eliminate any tasks from the scope of work, and reduce the not -to -exceed fee by the cost of
the task eliminated.
SUBMISSION INSTRUCTIONS
ELECTRONICALLY TRANSMIT ONE (1) COPY OF THE TECHNICAL PROPOSAL SECTION TO RFP
ADMINISTRATOR
Proposals may be e-mailed to: anguyen@newportbeachca.gov
❑ ELECTRONICALLY TRANSMIT ONE (1) COPY OF THE COMPENSATION PROPOSAL SECTION TO
RFP ADMINISTRATOR
Proposals may be e-mailed to: anguyen@newportbeachca.gov
In
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RFP - Community Engagement
Draft Agreement
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General Plan Update Steering Committee - March 20, 2019
Item Nos. 3, 4a, 4b, 4c and 4d Additional Materials Received
From: Zdeba, Benjamin
To: Lee, Amanda
Cc: Ramirez, Brittany
Subject: FW: Comments on GPU Steering Committee agenda items
Date: Tuesday, March 19, 2019 7:55:35 AM
Attachments: 2019Mar20 GPU Steerina Committee Aaenda Comments JimMosher.rdf
Hi Amanda,
Please find attached additional materials received related to Items III, IV.a, IV.b, IV.c and IV.d on the
Steering Committee's agenda for tomorrow evening.
Thanks,
Ben Z.
BENJAMIN M. ZDEBA, AICP
Community Development Department
Associate Planner
bzdebaOnewoortbeachca.aov
949-644-3253
From: Jim Mosher <jimmosher@yahoo.com>
Sent: Monday, March 18, 2019 8:11 PM
To: CDD <CDD@newportbeachca.gov>
Subject: Comments on GPU Steering Committee agenda items
To whom it may concern,
Please find attached some written comments on the items announced on the Newport Beach
General Plan Update Steering Committee's March 20, 2019, agenda.
I have BCC'd this message to the eight committee member email addresses listed on the
Steering Committee web page.
Yours sincerely,
Jim Mosher
General Plan Update Steering Committee - March 20, 2019
Item Nos. 3, 4a, 4b, 4c and 4d Additional Materials Received
March 20, 2019, GPU SC agenda comments from Jim Mosher Page 3 of 5
Item IVA Review Draft Requests for Proposals (RFP) for Consulting
Services
Note: "Handwritten" page numbers appear in the printed agenda packet on file at the Central
Library. They do not appear in the electronic copy of this document.
I think the RFP could be clearer that it is seeking creative and innovative approaches to a "listen
and learn" activity, and also in the role the City will play in creating the strong educational
component that will be required to elicit meaningful input from a largely uninformed public. But I
do not expect to have much substantive influence over the content, so I will confine myself to
the following nit-picking suggestions, none of which I feel are particularly important:
Handwritten 8 (cover): Regarding the due date, for consistency with handwritten 16, 1 would
think it should include "11 a.m." Also, unless staff actually plans to do something with the
materials received on that Friday afternoon (such as sending copies to the Committee
members, in which case the Brown Act would require they be made available to the public, as
well), would it make more sense to make them due before the start of business on Monday?
Handwritten 10 (Table of Contents): "Error! Bookmark not defined." should be corrected.
Handwritten 12 (page 2), opening paragraph, last line: there is an extraneous comma in:
"labeled the; "Listen and Learn"process." that should be deleted.
Handwritten 12, last paragraph, final sentence: "This Steering Committee will provide direction
to the Consultant and staff through throughout the process as well as it wW pr^Wde and a
forum for public input on the initial phases of the overall update process."
Handwritten 12, "DRAFT SCHEDULE OUTLINE": "April 2019 — June 2019" would seem like 3
months, not 2; "July 2019 — March 2020" would seem like 9 months, not 8.
Handwritten 13 (page 3), "Definitions": I appreciate the mention on the previous page that the
term "community" "includes all persons who have an interest or "stake" in the community," but I
continue to believe a definition of "stakeholder" should be provided. It is a mai rgon term,
introduced in recent decades, whose precise meaning remains highly uncertain (see Wiktionary:
formerly, it meant only a person who held funds pending a decision as to who they belonged to).
I suspect its scope is not limited to "persons," and I continue to be uncomfortable with the idea
that there should be "stakeholders" with interests to be considered on a different level from
those of the general public, but if the term must be used, I would suggest something like:
"Stakeholder. A person or entity with an interest in the outcome of the General Plan
Update process, as identified by the Steering Committee." (with the fact that they are
identified by the Committee, rather than the consultant, being an important point to make in the
RFP)
Incidentally, regarding the words "destroys" and "relation" in the definition of "contract" that the
Committee, the internet, rightly or wrongly, informs us that "Black's Law Dictionary defines a
contract as, "a promissory agreement between two or more persons that creates, modifies or
destroys a legal relation."'
General Plan Update Steering Committee - March 20, 2019
Item Nos. 3, 4a, 4b, 4c and 4d Additional Materials Received
March 20, 2019, GPU SC agenda comments from Jim Mosher Page 4 of 5
Handwritten 13, "Proposal Evaluation Criteria," second sentence: "Since this solicitation is an
RFP as opposed to a Bid, pricing alone will not constitute the entire selection Criteria criterion."
Handwritten 16 (page 6), "Submittal Information": "in an of it to compy,,:*h
e^vimnme tally-fr:e dfy ^r c-tiGe -1 Proposals are due by 11 a.m. on Friday, May 10, 20197_
In an effort to comply with environmentally -friendly practices, proposals will be accepted
in electronic format only via email to the email address of the RFP Administrator indicated
below." [A Friday due date has nothing to do with being environmentally friendly.]
Handwritten 22 (page 11), first line: "Individual stakeholder meetings, as required. The
Proposal should include a cost -per -meeting since a minimum or maximum amour number of
meetings has not been identified at this time;" ["amount" makes it sounds like the cost is what
has not been determined]
Handwritten 28 (page 18), "SUBMISSION INSTRUCTIONS": "Proposals may must be e-
mailed to: anguyen@newportbeachca.gov' [two places]
Stylistic quibbles:
1. The RFP states (page 3) that "shall" "Refers to a mandatory requirement." It then
proceeds to use the term 52 more times. "Shall" is in fact a term that is rarely if ever
used in that sense in common speech and hence is a much misused term in legal
drafting. It appears to be properly used only when conferring on an animate being the
power and duty to do something, and even then becomes mandatory only if clear
consequences for failing to do that duty are specified. The sense of conferring a power
and duty with consequences for failure is only rarely the case in the present document
(for example, in "Proposers shall submit one (1) electronic copy of their proposals to the
RFP Administrator" on page 6 — even though "must" would do as well). The casual use
of the term "shall" when it is not being used in its proper sense (for example, in the
pronouncement on high that "Firms invited to interview shall have their panel interviews
evaluated and scored, resulting in adjustments to the Technical Score," where a simple
"will" would clearly do better) dilutes its force in the few instances where it is being
properly used.
2. The RFP uses the awkward (and to some, ambiguous) expression "and/or" twelve
times. Many understand it to mean, "either or both," but others take it to mean you are
free to read "and" or "or," as you wish — leading to much confusion as to what is meant.
Item IV.c. Harbor Commission Outreach Efforts Presentation
I attended a portion of the special December 12, 2018, Harbor Commission meeting at Marina
Park at which the Harbor Commission as a whole, as well as an audience, participated in one of
the first of their visioning exercises. The Harbor Commission's activities in this regard raise at
least three questions: (1) Is it a good process? (2) How are the Steering Committee and the
GPU consultant going to integrate the Harbor Commission's results into their own listen and
learn effort? (3) Should the City's other boards, commissions and committees be encouraged
General Plan Update Steering Committee - March 20, 2019
Item No. 4b Additional Materials Received
Watkins
CITY OF NEWPORT BEACH
U
tiW Q
REQUEST FOR PROPOSAL
COMMUNITY ENGAGEMENT
RELATED TO A FUTURE
GENERAL PLAN UPDATE
RFP Due Date: Friday, May 10, 2019, 11:00 AM (PDT)
RFP Administrator: Anthony Nguyen, Purchasing Agent
949-644-3080
anguyen@newportbeachca.gov
General Plan Update Steering Committee - March 20, 2019
Item No. 4b Additional Materials Received
Watkins
General Plan Update Steering Committee - March 20, 2019
Item No. 4b Additional Materials Received
Watkins
SECTION 1: RFP OVERVIEW.........................................................................................Error! Bookmark not defined_
Deleted: Error! Bookmark not defined.
INTRODUCTION.........................................................................................................................................................2
Objective...............................................................................................................................................................
2
Definitions.............................................................................................................................................................
3
Proposal Evaluation Criteria..................................................................................................................................3
SelectionProcess...................................................................................................................................................4
RFPSchedule.........................................................................................................................................................4,
Deleted: s
INSTRUCTIONS..........................................................................................................................................................55-
Deleted:6
SubmittalInformation...........................................................................................................................................S5-
Deleted:6
Questions, Answers and Addenda To RFP..............................................................................................................6
ProposalFormat....................................................................................................................................................
6
TERMSAND CONDITIONS.........................................................................................................................................7
I. Acceptance of Terms and Conditions............................................................................................................7
II. Precedence of Terms and Conditions............................................................................................................
7
III. Public Record................................................................................................................................................7
IV. Availability of Records..................................................................................................................................7
V. Late Proposals..............................................................................................................................................7
VI. Specificity of Information.............................................................................................................................7
VII. Errors and Omissions...............................................................................................................................7
VIII. Proposal Validity......................................................................................................................................7
IX. Right of Rejection.........................................................................................................................................8
X. Right of Rejection of Lowest Fee Proposal....................................................................................................8
XI. Non-Compliance...........................................................................................................................................8
XII. Exceptions to Proposal Requirements......................................................................................................8
XIII. Determination of Responsiveness and Responsibility..............................................................................
8
XIV. Obligation to Award.................................................................................................................................8
XV. Bidder Reimbursement Prohibition..........................................................................................................8
XVI. Gratuity Prohibition.................................................................................................................................8
XVII. Contact with City Personnel or Entities....................................................................................................9
XVIII. Indemnification........................................................................................................................................
9
XIX. Insurance Requirements..........................................................................................................................9
XX. Compliance with All Applicable Laws.......................................................................................................9
XXI. Inclusive Proposal Pricing.........................................................................................................................9
XXII. Subcontractor/Joint Ventures..................................................................................................................9
SECTION 2: SCOPE OF SERVICES...........................................................................................................................
10
SECTION 3: PROPOSAL ATTACHMENTS................................................................................................................14
ATTACHMENT A: STATEMENT OF COMPLIANCE....................................................................................................15
ATTACHMENTS: PROPOSER INFORMATION FORM..............................................................................................16
ATTACHMENT C. PROPOSAL REQUIREMENTS CHECKLIST.....................................................................................17
SECTION 4: APPENDICES......................................................................................................................................18
General Plan Update Steering Committee - March 20, 2019
Item No. 4b Additional Materials Received
Watkins
General Plan Update Steering Committee - March 20, 2019
Item No. 4b Additional Materials Received
Watkins
INTRODUCTION
Objective:
"Cities have the capability of providing something for everybody, only because, and only when,
they are created by everybody."—Jane Jacobs, author
The City seeks a qualified consultant or consulting team (Consultant) to creatively and comprehensively gather
community input on the existing Newport Beach General Plan including its Vision Statement, as well as its goals
and policies. The Consultant will prepare and execute a community outreach program with the goal of receiving
and documenting suggested revisions to the General Plan from as many constituents and groups as possible. At
the conclusion of the program, the Consultant will prepare a detailed written summary of what was learned
during the process. The summary will be a consensus perspective, but it will include all the various voices and
thoughts expressed. The community engagement process has been labeled the,"Listen and Learn" process.
The term "community" is the entire population living and/or working in the City, including residents, special
interest groups, community and homeowner's associations, property owners, the business community and
regulatory agencies; the term is all-inclusive and it includes all persons who have an interest or "stake" in the
community. The City Council places significant value on its residents' perspective; however, all viewpoints are
important to consider.
NEWPORT BEACH
The purpose of the Listen and Learn process is to embark on awe I I -informed, focused GENERAL PLAN UPDATE
update of the General Plan. The current General Plan was adopted in 2006, and has
been amended several times since primarily as a result of project -specific
applications. The core of the plan seems sound. It is not the current intention of the
City to create a new plan, rather the City is interested in updating the existing plan to
reflect a potentially changed community vision and the current General Plan Es
requirements of State Law (Government Code §65300-65303.4).
The City Council has created an ad-hoc committee with seven voting members and one ex officio member (non-
voting) called the General Plan Update Steering Committee (Steering Committee) to guide the Listen and Learn
process. This Steering Committee will provide direction to the Consultant and staff throughout the process and
the Steering Committee will provide a forum for public input on the initial phases of the overall update process.
DRAFT SCHEDULE OUTLINE
a) April 2019 to June 2019 (2 months)
• Request for proposals
• Proposal evaluations
• Consultant selection
b) July 2019 to March 2020 (8 months)
• Community outreach and visioning
Deleted: ,
Deleted: as well as it
Deleted: -
Deleted: -
General Plan Update Steering Committee - March 20, 2019
Item No. 4b Additional Materials Received
Watkins
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 (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, limited liability company, partnership, corporation, or other legal
entity that is submitting a proposal in response to this RFP process.
■ "Project": The preparation and execution of a comprehensive community outreach program, as well as
the preparation of a detailed written summary of what was learned during the Listen and Learn process.
The Summary should be presented in an easy -to -navigate guide for a future update of the General Plan.
■ "Shall": Refers to a mandatory requirement.
■ "Consultant/Contractor": Refers to the individual, limited liability company, partnership, corporation, or
other legal entity including their subcontractors 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 describes a legal relationship in exchange for consideration.
■ "Steering Committee": Refers to the General Plan Update Steering Committee, an ad-hoc committee
created by the City Council.
Proposal Evaluation Criteria:
Proposals will be evaluated on the basis of the response to all of the provisions of this RFP. Since this
solicitation is an RFP as opposed to a Bid, pricing alone will not constitute the entire selection criterio�r The City Deleted: a
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 City reserves the right to
modify each evaluation criterion and percentage of the score as deemed appropriate from time to time.
POTENTIAL PROPOSAL EVALUATION CRITERIA
EVALUATIONOF •
Qualifications and experience of the proposing
60%
Consultant firm or team conducting similar
projects, of comparable complexity, and
magnitude, particularly for government
agencies.
A demonstrated understanding of the
15%
requested scope of services or work program.
The Consultant's ability to deploy services as
15%
identified in the Scope of Services on
schedule.
Recent references from local clients with
10%
General Plan Update Steering Committee - March 20, 2019
Item No. 4b Additional Materials Received
Watkins
POTENTIAL PROPOSAL EVALUATION CRITERIA
EVALUATIONOF •
particular emphasis on local government.
The City reserves the right to determine whether a proposal meets the specifications and requirements of this
RFP and reject any proposal that, in the City's sole discretion, fails to meet the detail or intent of the
requirements. The City reserves the right to reject any and all proposals.
Selection Process:
The Steering Committee intends to employ a three-step process to identify a Consultant to recommend to the
City Council for this Project. However, this process may be varied at the discretion of the Steering Committee.
In the first step, known as "Technical Evaluation," a panel of City staff, with oversight of the Steering
Committee, will rate the technical qualifications of all proposals using the criteria described above to arrive at a Deleted: P
Technical Score. Each criterion will be assigned a unique scoring weight based on the significance of each
criterion to the overall success of the Project. Since this is a procurement for a professional service, cost will
not be assessed during Technical Evaluation. If, upon conclusion of Technical Evaluation, (1) there are multiple
firms with similar Technical Scores; or (2) no single firm has been distinguished as a likely successful candidate,
the City reserves the right to initiate live interviews. Firms invited to interview shall have their panel interviews
evaluated and scored, resulting in adjustments to the Technical Score.
In the second step, once an order of candidate rankings has been achieved based on Technical Score, all
proposals and their respective rankings will be presented to the Steering Committee at a public meeting. The Deleted: P
Steering Committee wil interview one or more candidates at one of its regularly scheduled public meetings. Deleted: may choose to
In the third step, the Steering Committee will identify the highest -qualified firm and direct City staff to open its
Cost Proposal, which will be evaluated for feasibility and reasonableness. If the Cost Proposal is deemed to be
unfeasible and/or unreasonable, efforts may be initiated by the City to negotiate with the Proposer to reach
more favorable terms. If these negotiation efforts fail, the City will consider the Cost Proposal from the second
highest qualified firm, and so forth until a desired resolution is achieved.
After the conclusion of the Selection Process, the Steering Committee will make one or more recommendations
to the City Council about the Consultant.
RFP Schedule:
The following is a tentative schedule of the 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.
General Plan Update Steering Committee - March 20, 2019
Item No. 4b Additional Materials Received
Watkins
TENTATIVE RFP SCHEDULE
RFP Published:
Monday, March 25, 2019
Questions from Proposers Due:
Monday, April 8, 2019
Questions and Responses Posted:
Monday, April 15, 2019
Proposals Due:
Friday, May 10, 2019, 11:00 AM (PDT)
Interviews:
Week of May 20, 2019
Anticipated Contract Award:
June -July 2019
INSTRUCTIONS
Submittal Information:
Proposals are due by 11 a.m. PDT on Friday, May 10, 2019_in an effort to comply with environmentally -
friendly practices, proposals will be accepted in electronic format only via email to the email address of the RFP
Administrator indicated below.
Deleted: In an effort to comply with environmentally -friendly
practices,
Deleted: ,
General Plan Update Steering Committee - March 20, 2019
Item No. 4b Additional Materials Received
Watkins
RFP Administrator: Anthony Nguyen
T: 949-644-3080
E: anguyen@newportbeachca.gov
(Please mark all submittals "RFP — Community Engagement")
It is the responsibility of the Proposer to ensure that their proposal is received before the stated deadline. The Deleted: P
RFP Administrator may be contacted at 949-644-3080 to verify receipt of proposals. Postmarks will not be
considered as a valid excuse for delayed or missing proposals. In the event Proposers either cannot submit
proposals electronically or the proposals are too large to transmit, Proposers must contact the RFP Deleted: P
Administrator to make arrangements for hard copy delivery. Deleted: P
Questions, Answers and Addenda to RFP:
Prior to the RFP submission deadline questions may arise regarding the specifications and procedural or
administrative matters. By Monday, April 8, 2019, all questions pertaining to this RFP shall be directed to the
RFP Administrator only. The RFP Administrator will draft, in consultation with other City staff, a response to all
questions submitted and email the responses to all potential Proposers who have requested responses.
Additionally, the questions and responses will be posted on the City's website on Monday, April 15, 2019.
Changes to the RFP itself shall only be made by the City via formal written addenda. All addenda shall become a
part of the RFP document requiring response by the proposer where indicated.
Proposal Format:
Proposers shall submit one (1) electronic copy of their proposals to the RFP Administrator. Please refer to
Proposal Requirements Checklist (Attachment C) for specific directions regarding the content and format of
your proposal. As closely as possible, please adhere to the format and order provided in the Proposal
Requirements Checklist when assembling proposals. Please note that part of the evaluation criteria takes into
consideration the responsiveness of a proposal; proposals missing the required components listed below will be
evaluated accordingly.
General Plan Update Steering Committee - March 20, 2019
Item No. 4b Additional Materials Received
Watkins
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 Draft Agreement, unless clearly and specifically stated otherwise in the completed
Statement of Compliance.
Precedence of Terms and Conditions
All other terms and conditions of the Draft Agreement attached within this RFP as Appendix A are hereby incorporated into the
terms and conditions of this RFP. In the event of a conflict of terms and conditions between the RFP document and the draft
agreement, the terms and conditions expressed in the 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 RFP Administrator.
IV. Availability of Records
All relevant documents pertaining to this RFP and procurement process shall be made available by the Community Development
Department upon successful conclusion of the entire procurement process.
V. Late Proposals
Any proposal which is not received by the RFP Administrator prior to the deadline date and time set forth in this solicitation may
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 Proposers 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 submitted with their proposals. Where such errors or omissions are discovered by the City, full
instructions will be given by the City in the form of an addenda.
VIII. Proposal Validity
Unless otherwise noted by the Proposer, all proposals shall be held valid for a period of 180 days.
General Plan Update Steering Committee - March 20, 2019
Item No. 4b Additional Materials Received
Watkins
IX. Right of Rejection
The City reserves the right to: (1) Accept or reject any 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
project, 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 Proposer 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
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 or
Steering Committee member for the any purpose as it may be perceived as an attempt to influence consideration of this proposal.
General Plan Update Steering Committee - March 20, 2019
Item No. 4b Additional Materials Received
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Submission of a Proposal indicates Proposer 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
During the RFP procurement process, proposal evaluation process and proposal selection process, the RFP Administrator is to
serve as the primary point of contact for any and all matters pertaining to this RFP and Project. Proposers shall not contact any
City personnel or entities other than the RFP Administrator 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 indemnify, 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 Consultant(s) for this Project shall be required, prior to the execution of a Contract, to furnish proof of insurance.
The specific insurance types and limits depend on the Project and can be found in the Draft Agreement (Appendix A) of this RFP
solicitation.
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 and business licensing.
XXI. Inclusive Proposal Pricing
Proposal pricing shall include any and all applicable licenses, insurance coverage, endorsements, bonding and if necessary, a ny
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 Consultants for any charges not included in the Proposal pricing that are incurred in securing these
requirements.
XXII. Subcontractor/Joint Ventures
The selected Consultant 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 subcontractors significantly affects the ability of
the Proposer 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
The following is a basic description of the anticipated work program components. These components are not
all-inclusive and the Consultant is encouraged to provide recommendations to help achieve the City's
objective.
Task 1. Consultant Familiarization with the General Plan
a) The Consultant shall review and become familiar with the current General Plan and all its elements,
goals and policies. Particular attention must be paid to the Vision Statement.
b) The Consultant shall be familiar with current State requirements for general plans, as identified in the
Governor's Office of Planning and Research 2017 General Plan Guidelines or any successor document,
to understand where the General Plan must be updated to comply with State law.
c) The Consultant shall attend all Steering Committee meetings throughout the process to observe,
participate, and prepare detailed minutes. The Proposal shall include a cost per meeting.
Task 2. Community Engagement and Outreach Program Preparation
a) The Consultant, with the assistance of the Steering Committee and City staff, shall prepare a
community engagement and outreach program (Outreach Program). The purpose of the Outreach
Program will not be for the consultant to suggest ways the General Plan should be changed, rather the
goal of the Outreach Program is to creatively engage as many constituents as possible, to energize
their participation, and to solicit and receive as much feedback as possible about areas of concern in
the current General Plan, including the Vision Statement. The process will be open, transparent,
focused in scope, and inclusive. Program execution must be interactive where the community can:
• Learn about the current General Plan and provide input as to how it may need to be updated;
• Examine and provide input on the existing General Plan Vision Statement; and
• Provide input on the various General Plan Elements, Goals and Policies contained therein that may
be updated in the future to reflect a refreshed Vision Statement, emerging trends, and State law
requirements.
The program must include:
Preparation and maintenance of an interactive online webpage/portal. Please see the City's initial
pages for the effort at www.newportbeachca.gov/gpupdate. The City intends to host the website
and provide Consultant access to the system for creation and maintenance purposes, unless there
is a compelling reason to do otherwise;
Appropriate user-friendly educational materials;
A minimum of seven visioning workshops, at least one in each Council District, where the
community can debate what is working, what is not working, and where we want to go as a
community. The Proposal shall include a cost -per -meeting, as there may be the potential to hold
additional meetings beyond the initial seven workshops;
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• Individual stakeholder meetings, as required. The Proposal should include a cost -per -meeting since
a minimum or maximum number of meetings has not been identified at this time; Deleted: amount
• Innovative methods of driving active participation from the community;
• Digital engagement through use of virtual town hall meetings, citywide and neighborhood -centric
on-line surveys, and use of various social media platforms. The purpose of using digital forums is to
better reach those members of the community who might not be able to participate in physical
community meetings for whatever reason; and
• A schedule for implementation of the Program.
The Outreach Program will be reviewed and approved by the Steering Committee prior to kickoff.
b) The Consultant, with the assistance of the Steering Committee and City staff, shall implement the
Outreach Program based upon the identified schedule. City staff will assist in scheduling and securing
proper locations for workshops or other stakeholder meetings.
Task 3. Capturing Community Desires
The Consultant shall be responsible for capturing and documenting the community's comments and
suggestions for change throughout the Listen and Learn process. The overall purpose is to create a focused
and easy -to -navigate resource to guide potential updates to the General Plan after the conclusion of the
Listen and Learn process. This Task shall include the following minimum components:
A detailed discussion with a consensus statement, a summary of desired changes to the Vision
Statement, and all other potential changes to the General Plan or issues to be addressed through
other means (e.g., Zoning Code, etc.);
All the voices and thoughts expressed; and
An up-to-date, user-friendly online portal that is maintained throughout the project.
The final draft document must be created in a presentable, organized, user-friendly fashion that includes a
complete overview of the Outreach Program efforts and everything that was learned from the Community.
The Consultant shall present the draft document and the information contained therein to the Community
at a Steering Committee meeting. The Steering Committee may direct changes to the draft document and
the Consultant shall be responsible for producing a final document.
Consultant Representative
The Consultant shall assign a primary representative and an alternate to perform the services described in the
scope of work. Approvals of the individuals assigned shall be at the Steering Committee's discretion. Each
individual shall be identified in the proposal and resumes shall be provided with references. The Consultant's
representatives shall remain responsible for all duties from contract negotiations through project completion.
If the primary representative is unable to continue with the project, then the alternate representative is
expected to become the primary representative.
Additional Consultant Responsibilities
The Consultant shall be responsible for completing the specified services in accordance with the City's
standard "Professional Services Agreement". A copy of the standard agreement is attached as Appendix A.
Services specified in this agreement shall be taken directly from the Consultant's proposal and from the
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"Request for Proposal". In addition, the scope of services may be adjusted at the discretion of the City to
incorporate information generated in the interview process or as otherwise deemed appropriate by the
Steering Committee or City Council.
City Responsibilities
The City will provide the following items to assist the Consultant in completing the requested services:
• Primary and alternate City representative;
• General Plan;
• Preparation of map exhibits, if needed;
• Work with the Consultant to coordinate and schedule meeting spaces for Staff, Steering
Committee, stakeholder and public meetings;
• Notice Steering Committee meetings and post meeting agendas and
• Provide staff support, oversight and direction to the Consultant throughout the process.
Payment for services shall be monthly based upon satisfactory progress, submission of requests for
reimbursement, and percent of work completed, with a retention factor, which recognizes that the value of
the work is heavily dependent on delivery of the final report.
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W po
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ATTACHMENT A: STATEMENT OF COMPLIANCE
Instructions: Each proposal must be accompanied by a signed Statement of Compliance. The Proposer must sign
one, and only one of the declarations stated below and remit as part of your Proposal as Attachment A.
No Exceptions. The undersigned declares that the Proposal submitted by (Name of Firm)
to prepare and execute a community
outreach program with the goal of receiving and documenting the community's desire for
change with respect to its General Plan as described in the RFP was prepared in strict
compliance with the instructions, conditions, and terms listed in the RFP, Scope of Services and
Draft Agreement with no exceptions taken.
Signature Date
Printed Name and Title
Exceptions. By signing below, the Proposer acknowledges that the Proposal submitted by
(Name of Firm) has been prepared in
consideration of and with exception to some of the terms of the RFP, Scope of Services and
Draft Agreement. By signing below, the Proposer declares that the Proposal includes a
statement that identifies each item to which the Proposer is taking exception or is
recommending change, includes the suggested rewording of the contractual obligations or
suggested change in the RFP, and identifies the reasons for submitting the proposed exception
or change. The City reserves the right to reject any declarations that are not accompanied with
the required documentation as described above.
Signature
Printed Name and Title
Date
[ Attach a separate sheet(s) detailing each exception being taken j
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ATTACHMENT B: PROPOSER INFORMATION FORM
Instructions: Complete the form below and remit as part of your Proposal as Attachment B.
CONSULTANT INFORMATION
CONSULTANT/FIRM NAME:
ADDRESS FOR NOTICES:
MAIN CONTACT (NAME AND TITLE):
CONTACT NUMBERS: TELEPHONE: FAX:
E-MAIL ADDRESS:
FIRM SIGNATURE AUTHORIZATION AND CERTIFICATION
Per the California Corporations Code, Business and Professions Code, the Consultant's Bylaws/Operating Agreement and/or the attached Board
Resolution (if applicable), I/we hereby verify that I/we am/are (an) authorized signatory(ies) for the aforementioned Consultant and as such am/are
authorized to sign and bind the Consultant in contract with the City of Newport Beach.
1. CONSULTANT AUTHORIZED SIGNATORY(IES):
SIGNATURE PRINT NAME TITLE DATE
SIGNATURE PRINT NAME TITLE DATE
2. SIGNATURE AUTHORIZATION IS PROVIDED IN ACCORDANCE WITH:
❑ Proposer's Bylaws/ Operating Agreement Section ❑ Copy Attached
❑ Board Resolution ❑ Copy Attached
❑ Corporations or Business and Professions Code**
**If Consultant is a corporation, two (2) authorized signatories 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, it is
the responsibility of the Consultant to contact the City Administrator for the Consultant regarding the change and to
complete and submit a new Signature Authorization Form. Incorrect information on file may delay the processing of
any of the documents submitted.
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ATTACHMENT C: PROPOSAL REQUIREMENTS CHECKLIST
Instructions: This checklist is provided as a guide for Proposers to assemble Proposals. As closely as possible,
please adhere to the following format and order when assembling proposals. Please note that part of the
evaluation criteria takes into consideration the responsiveness of a proposal; proposals missing any required
attachments shall be evaluated accordingly. Submittals should follow the some order and sections indicated
below:
PART 1: TECHNICAL PROPOSAL SECTION
SECTION A: PROPOSER BACKGROUND
❑ COVER LETTER
A cover letter not to exceed two (2) pages in length shall summarize key elements of the
proposal and demonstrate an understanding of the Project as requested. The cover letter shall
be signed by a representative able to submit a formal offer and bid the Proposer to contractual
obligations.
❑ ORGANIZATIONAL STRUCTURE
Provide identification of the project team, including organizational chart and resumes of each
team member. The consultant's primary representative shall be available on all occasions for
discussion with City staff. Specific responsibilities of each team member, along with their
anticipated total effort in the projects, shall be detailed in a matrix of total hours of work for
each task versus each job classification on the project. Identify key personnel from your firm,
including specific personnel that would be assigned to this Project, if any. Any and all Prime
Contractor and Subcontractor relationships and responsibilities must be detailed.
SECTION B: METHODOLOGY
❑ PROPOSAL — METHODOLOGY
Provide your proposed work plan, which shall address every point listed in the scope of
services. The ideal work plan should provide an overview of the processes that would be
utilized by your firm in facilitating this Project and demonstrate familiarity with developing
similar plans. If your firm offers additional services not specifically described in the Scope of
Services, provide a description of these services and the benefit they serve to the City.
❑ ANTICIPATED WORK SCHEDULE
Provide a comprehensive proposed project schedule, including proposed start and completion
dates for each task.
SECTION C: PROPOSER EXPERIENCE
❑ MINIMUM REQUIREMENT: EXPERIENCE
Demonstrate experience with at least three (3) projects of a similar scope and nature by
providing a synopsis of each project.
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❑ REFERENCES/RECENT PROJECT HISTORY
Provide at least three (3) references for whom 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.
SECTION D: PROPOSAL ATTACHMENTS
❑ ATTACHMENT A: STATEMENT OF COMPLIANCE
Proposers must submit a signed Statement of Compliance with proposals. The Statement of
Compliance is separated into two sections, only one of which is to be signed. The first section
states that the Consultant agrees with all terms and conditions as indicated in this RFP
document and/or Draft Agreement; the second section states that the Consultant intends to
take exception to certain terms and conditions within the RFP document and/or Draft
Agreement.
❑ ATTACHMENT B: PROPOSER INFORMATION FORM
❑ ATTACHMENT C: PROPOSAL REQUIREMENTS CHECKLIST
❑ OTHER INFORMATION
Include any other information you consider to be relevant to the proposal.
PART 2: COMPENSATION PROPOSAL SECTION
❑ COST/FEE PROPOSAL
Provide a not -to -exceed fee for the services to be provided and current fee schedule for each
job classification. These items shall be submitted in a separate submittal. The fee shall be
broken down showing hours for each job classification for each task, fee for each task, and shall
include miscellaneous costs such as travel, duplication, clerical support, etc. The City reserves
the right to eliminate any tasks from the scope of work, and reduce the not -to -exceed fee by
the cost of the task eliminated.
SUBMISSION INSTRUCTIONS
❑ ELECTRONICALLY TRANSMIT ONE (1) COPY OF THE TECHNICAL PROPOSAL SECTION TO RFP
ADMINISTRATOR
Proposals mus bee-mailedto:anguyen@newportbeachca.gov
❑ ELECTRONICALLY TRANSMIT ONE (1) COPY OF THE COMPENSATION PROPOSAL SECTION TO
RFP ADMINISTRATOR
Proposals mus bee-mailedto:anguyen@newportbeachca.gov
Deleted: may
Deleted: may
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