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HomeMy WebLinkAbout2000-05-16; Public Financing Authority; 1; Adoption of Rules and Regulations, Conflict of Interest Code, Contractor Selection Procedures for Carlsbad City Golf Course Project by Carlsbad Public Financing Authority- -“ CAkLSBAE PUBLIC .FINANCING AUTHORITY AB# 1 DEPT. HD. m: ADOPTION OF RULES AND RGGULATPONS, MTG. 511 6/00 CONFLICT OF INTEREST CODE, AND CONTRACTOR SELECTION PROCEDURES FOR THE CARLSBAD CITY GOLF COURSE PROJECT BY THE CARLSBAD PUBLIC CITY Am. DEPT. CA FINANCING AUTHORITY CITY MGR. & I RECOMMENDED ACTION: That the Carlsbad Public Financing Authority (“Authority”) ADOPT RESOLUTION NO. Interest Code, and contractor selection procedures for the Carlsbad City Golf Course Project. ITEM EXPLANATION: At its meeting of April 18, 2000, the City Council of the City of Carlsbad acting in concert with the Board of the Carlsbad Municipal Water District, approved the Joint Exercise of Powers Agreement creating the Carlsbad Public Financing Authority for the implementation of the Carlsbad City Golf Course Project along with other future projects as determined by the Authority. Attached for the Authority for your review and adoption are recommended general rules and regulations, a Conflict of Interest Code as required by the provisions of the Political Reform Act of 1974, and contractor selection procedures for the Carlsbad City Golf Course Project. The general rules and regulations establish the roles, responsibilities, and procedures for the conduct of the business of the Authority. The Public Records Act requires all public entities to adopt a local Conflict of Interest code. The recommended code for Board members and officers is attached as Exhibit 3. The contractor selection procedures are specifically tailored for the identification and selection of qualified prospective contractors for the proposed Carlsbad City Golf Course Project to be undertaken by the Authority. Staff will make a presentation at the meeting of the Authority outlining the details of these articles. I establishing general rules and regulations for the conduct of the Authority, Conflict of I FISCAL IMPACT: The adoption of the proposed Rules and Regulations, Code and contractor selection procedures will facilitate-implementationof the golf course project, which is currently estimated to cost $22-25 million. Cost components include construction, all buildings, bridge over College Boulevard, landscaping, irrigation, maintenance equipment, supplies, materials, advertising and marketing, off-site mitigation property acquisition and all other construction phase related costs known at this time. ENVIRONMENTAL REVIEW: Adoption of the Rules and Regulations, Conflict of Interest Code and contractor selection procedures by the Carlsbad Public Financing Authority is not a project subject to environmental review, as defined by CEQA Guidelines section 15378. EXHIBITS: 1. Resolution No. I adopting general rules and regulations, Conflict of Interest Code, and contractor selection procedures for the Carlsbad Public Financing Authority. 2. Rules and Regulations. 3. Conflict of Interest Code. 4. Contractor selection procedures. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. A RESOLUTION OF THE CARLSBAD PUBLIC FINANCING AUTHORITY ADOPTING RULES AND REGULATIONS, CONFLICT OF INTEREST CODE, AND CONTRACTOR SELECTION PROCEDURES FOR THE MUNICIPAL GOLF COURSE PROJECT WHEREAS, the Carlsbad Public Financing Authority, hereafter the "Authority," was formed at the City Council meeting of April 18,2000; and WHEREAS, the Authority is charged with adopting rules and regulations a Conflict of Interest Code, and contractor selection procedures; and WHEREAS, the Authority hereby finds it necessary, desirable, and in the public interest to adopt said rules and regulations, Conflict of Interest Code, anc contractor selection procedures. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad Public Financing Authority as follows: 1. That the above recitations are true and correct. 2. That the attached rules and regulations are hereby adopted by the Authority. 3. That the attached Conflict of Interest Code is hereby adopted by the Authority. 4. That the attached contractor selection procedures for the municipal golf course project are hereby adopted by the Authority and staff is directed to prepare, in accordance with Section 2.2 of said procedures, a list of recommended contractors as specified therein. 5. That the Executive Director upon advice of General Counsel is authorized to issue administrative orders as necessary and appropriate to carry out the purpose and intent of this resolution. 2 ./ . .. 1 2 3 4 5 6 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 PASSED, APPROVED, AND ADOPTED at a Regular Meeting of the Carlsbad Public Financing Authority on the 16th day of May , 2000, b) the following vote, to wit: AYES: Board Members Lewis, Hall, Finnila, Nygaard and Kulchin NOES: None ABSENT: None ATTEST: A 6?&?% - b.% <OF&AINE M. WOOD, Secretary (SEAL) -2- 3 1H:WHM:cco RULES AND REGULATIONS OF CARLSBAD PUBLIC FINANCING AUTHORITY ARTICLE I DEFINITIONS; OFFICES AND SEAL Section 1.1. Definitions. All capitalized terms used herein shall have the respective meanings given such terms in the Joint Exercise of Powers Agreement establishing the Authority (the "Agreement"). Section 1.2. Offices. The principal office of the Authority for the transaction of business shall be 1200 Carlsbad Village Drive, Carlsbad, California 92008. The Board may, however, fix and change from time to time the principal office from one location to another within the City of Carlsbad by noting the change of address in the minutes of the meeting of the Board at which the address was fixed or changed. The fixing or changing of such address shall not be deemed an amendment to these Rules and Regulations. Section 1.3. Seal. The Authority shall have a seal, consisting of two (2) concentric circles with the words "Carlsbad Public Financing Authority" and with the date of establishment of the Authority. ARTICLE I1 COMMISSION Section 2.1. Powers. Subject to the limitations of the Agreement, the terms of these Rules and Regulations, and the laws of the State of California, the powers of this Authority shall be vested in and exercised by and its property controlled and its affairs conducted by the Board of the Authority. Section 2.2. Number. The Board shall have five (5) Directors. The number of Directors may be changed by an amendment of the Agreement. Section 2.3. Election, Tenure of Office and Vacancies. Pursuant to the Agreement, the Board shall consist of the members of the City Council of the City ex officio, unless otherwise changed, as provided in Section 2.03 of the Agreement. The number of Directors may be changed by amendment of this Agreement. The Board shall be called the "Board of the Carlsbad Public Financing Authority". All voting power of the Authority shall reside in the Board. Section 2.4. Compensation. Directors shall serve without compensation but each Director may be reimbursed his or her necessary and actual expenses, including travel incident to his services as Director, pursuant to resolution of the Board. Any Director may elect, however, to decline said reimbursement. Section 2.5. Reaular Meetinas. Regular meetings of the Board shall be held at the same time as the regular meeting of the City Council as necessary. Section 2.6. Public Meetinas: Notice of Meetinas. All proceedings of the Board shall be subject to the provisions of the Ralph M. Brown Act, constituting Chapter 9 of Part 1 of Division 2 of Title 5 of the California Government Code, and notice of the meetings of the Authority shall be given in accordance with such Act. Section 2.7. Applicabilitv of the Citv of Carlsbad Municipal Code. Except as otherwise specifically provided for herein, all actions of the Board of the Authority will be governed by the same procedures as those set forth for the City Council in Title 1, Chapter 1.20 of the Carlsbad Municipal Code, the provisions of which are incorporated herein by reference. Section 2.8. Nonliabilitv for Debts. The private property of the Directors shall be exempt from execution or other liability for any debts, liabilities or obligations of the Authority and no Director shall be liable or responsible for any debts, liabilities or obligations of the Authority. Section 2.9. lndemnitv bv Authoritv for Litiaation Expenses of Officer, Director or Emplovee. Should any Director, officer or employee of the Authority be sued, either alone or with others, because he is or was a director, officer or employee of the Authority, in any proceeding arising out of his alleged misfeasance or nonfeasance in the performance of his duties or out of any alleged wrongful act against the Authority or by the Authority, indemnity for his reasonable expenses, including attorneys’ fees incurred in the defense of the proceedings, may be assessed against the Authority or its receiver by the court in the same or a separate proceeding if the person sued acted in good faith and in a manner such person reasonably believed to be in the best interests of the Authority and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful. The amount of such indemnity shall equal the amount of the expenses, including attorneys’ fees, incurred in the defense of the proceeding. Section 2.10. Conflict of Interest Code. The Board of the Authority shall adopt a local conflict of interest code, and Directors shall file whatever forms, documents and other information are required under the Political Reform Act of 1974 (Gov. Code, Section 18730 et seq.). 2 ARTICLE I11 OFFICERS Section 3.1. Officers. The officers of the Authority shall be a Chairman, a Vice Chairman, an Executive Director, a Treasurer, an Auditor, a Secretary and such other officers as the Board may appoint. When the duties do not conflict, one person, other than the Chairman, may hold more than one of these offices. Officers shall serve and hold office as provided in Article 111 of the Joint Exercise of Powers Agreement. Section 3.2. Subordinate Officers. The Board may elect or authorize the appointment of such other officers than those hereinabove mentioned as the business of the Authority may require, each of whom shall hold office for such period, have such authority and perform such duties as are provided in these Rules and Regulations, or as the Board from time to time may authorize or determine. ARTICLE IV OBJECTS AND PURPOSES Section 4.1. Nature of Obiects and Purposes. The business of this Authority is to be operated and conducted in the promotion of its objects and purposes as set forth in the Agreement. Section 4.2. Distribution of Assets Durina Continuance of Authority. During the continuance of the Authority, it may distribute any of its assets to the Members of the Authority. If for any reason the Members are unable or unwilling to accept the assets of the Authority, said assets shall be distributed to the Federal Government, or to a state or local government for public purposes, or to a nonprofit fund, foundation or corporation which is organized and operated exclusively for charitable purposes. Section 4.3. Dissolution. The Authority may, with the approval of all of the Members, be dissolved if at the time of such dissolution the Authority has no outstanding indebtedness and is not a party to any outstanding material contracts. Upon the dissolution or termination of this Authority, and after payment or provision for payment, all debts and liabilities, the assets of this Authority shall be distributed to the Members of the Authority. If for any reason the Members are unable or unwilling to accept the assets of the Authority, said assets will be distributed to the Federal Government or to a state or local government for public purposes; or to a nonprofit fund, foundation, or corporation which is organized and operated for charitable purposes. 3 ARTICLE V GENERAL PROVISIONS Section 5.1. Payment of Monev, Siqnatures. All checks, drafts or other orders for payment of money, notes or other evidences of indebtedness issued in the name of or payable to the Authority and any and all securities owned by or held by the Authority requiring signature for transfer shall be signed or endorsed by the Chairman or the Auditor or the Treasurer. Section 5.2. Execution of Contracts. The Board, except as in the Agreement or in the Rules and Regulations otherwise provided, may authorize any officer or officers, agent or agents, to enter into any contract or execute any contract or execute any instrument in the name of and on behalf of the Authority and such authority may be general or confined to specific instances and unless so authorized by the Board, no officer, agent or employee shall have any power or authority to bind the Authority by any contract or engagement or to pledge its credit or to render it liable for any purpose or in any amount. Section 5.3. Construction of Public Capital Improvements. (i) The Board shall cause Public Capital Improvements to be acquired and constructed pursuant to contracts awarded competitively or on a negotiated basis, whichever the Board determines to be in the best interests of the Authority and its Members, which determination shall be final and incontestable. (ii) The Board, when deciding to award contracts on a negotiated, rather than competitive basis, may take into account the following factors: (1) the unique nature, scope and magnitude of the Public Capital Improvement to be constructed; (2) the importance of determining the responsibility of contractors for construction of major components of Public Capital Improvements, including the ability to coordinate with contractors constructing other major components of the same project; (3) the resources and track record of proposing contractors, for the purpose of evaluating experience and past practices, in order to assess the contractor’s probable future performance, rather than relying exclusively on the proposed contract amount; (4) a contractor’s financial resources, surety and insurance experience, construction experience, completion ability, qualified personnel, quantity of personnel, current workload, number of projects completed on time and within budget, experience in dealing with public agencies, and demonstrated capacity to deal fairly and effectively with and to satisfy reasonable expectations of a 4 public agency with regard to the timely completion of a construction project at or reasonably close to the proposed contract bid price: and (5) a contractor's proposed price for constructing a particular Public Capital Improvement. (iii) The Board may, in the process of negotiating a contract for the construction of a particular Public Capital Improvement, adopt by resolution specific procedures for selection of construction contractors, consistent herewith. Section 5.4. Amendment of Rules and Requlations. These Rules and Regulations may be amended at any time and from time to time by majority vote of the Board. ........................ I HEREBY CERTIFY that the above and foregoing is full, true and correct copy of a document of the Carlsbad Public Financing Authority, passed and adopted by the Authority. \~~~/' ' Secretary Carlsld Public Financing Authority 5 ARTICLE I. GENERAL SECTION I: Iitle: This Code shall be known and may be cited as "Conflict of Interest Code of the Carisbad Public Financing Authority." SECTION II: futhuiy: This Code is adopted pursuant to the provisions of the "Political Reform Act of 1974", Title 9 of the Government Code commencing with Government Code Section 81 000 and Section 18730 of Article 2 of Chapter 7 of Division 6 of Title 2 of the California Code of Regulations. SECTION 111: htpase: This Code is adopted in order to: A. Assure that all employees designated herein perform their duties in an impartial manner, free from bias caused by financial interests; B. Enumerate and differentiate the positions of employment within the Authority which involve the making of decisions which may foreseeably have a material effect upon a financial interest; C. Require the disclosure of such interests, by setting forth the specific types of interests which are reportable for each position; D. Require that designated employees disqualify themselves from participation in Authority decision-making which may involve a conflict of interest. SECTION 1V:Inmmnr;ltionbv: The provisions of Title 2 California Code of Regulations Section 18730, except Section 9.5 thereof, a copy of which is attached hereto marked Exhibit "A, are hereby incorporated by this reference and constitute the Conflict of Interest Code of the City of Carisbad Public Financing Authority. Page 1 of 3 May 2000 SECTION V: Ammdmmb: Section 4 of the Code found in Title 2 California Code of Regulations Section 18730 is replaced with the following Section 4: Section 4: All designated employees shall file the statements of economic interests required herein with the City Clerk for the City of Carlsbad. Where the person filing such statements is required to file multiple statements on account of his or her capacity in both City and Authority, filing may be made on a single form(s), specifying therein that it is filed in both capacities. APPFNDlX A. Persons holding positions listed in the Appendix are required to file the initial, annual, and leaving oftice statements of financial interest required by this Code for the types of interests in the categories set forth in the column "Disclosure Categories" opposite the column "Designated Positions". It has been determined that these persons make or participate in making decisions which foreseeably may have a material effect on such financial interests. B. Where the disclosure category requires disclosure of interests in real property, the designated employee need only disclose real property which is located in whole or in part within or not more than two miles outside the boundaries of the jurisdiction or within two miles of any land owned or used by the local government agency. C. Where the disclosure category requires disclosure of investments or sources of income, the designated employee need only disclose investments in business entities and sources of income which do business in the jurisdiction, plan to do business in the jurisdiction or have done business in the jurisdiction within the past two years. In addition to other activities, a business entity is doing business within the jurisdiction if it owns real property within the jurisdiction. D. Where the disclosure category requires disclosure of business positions, the designated employee need only disclose positions of director, ofticer, partner, trustee, employee, or any position of management in organizations or enterprises operated for profit. SECTION VI:Bct: "Act" means the Political Reform Act of 1974, comprising Title 9 (commencing with Section 81000) of the Government Code of the State of California. Page 2 of 3 May 2000 SECTION VII: -: "Designated employee" means any officer, employee, commission or board member or consultant to the Authority whose position is listed in the Appendix of this Code. SECTION VIII: v: "Designated position" means a position specified in the Appendix of this Code and requiring disclosure as provided in this Code because the position entails the making or participating in the making of decisions which may foreseeably have a material effect on a financial interest. SECTION IX:EkguMbm: "Regulations" mean the regulation of the Fair Political Practices Commission adopted pursuant to Title 9 of the Government Code and reported at Title 2 of the California Code of Regulations commencing with Section 181 00. SECTION X: Repeal: This Code shall repeal and supersede all previous versions of the "Conflict of Interest Code of the City of Carlsbad Public Financing Authority." SECTION XI:-: This Code shall be effective upon adoption by resolution of the appropriate code reviewing body. Ill Ill .. Ill Page 3 of 3 May 2000 AMENDED APPENDIX TO THE LOCAL CONFLICT OF INTEREST CODE OF THE CARLSBAD PUBLIC FINANCING AUTHORITY ("Authority") The positions and categories within the Authority listed in this appendix are "designated positions." Any person whose position with the Authority is a designated position is a designated employee. Designated employees shall disclose in the manner provided in the Local Conflict of Interest Code of the City of Carlsbad those financial interests which are within the categories represented by the number(s) following the listed position. The categories correspond to the subsections of Title 2, California Code of Regulations Section 18730, subsection 7 and represent the following disclosures: "1" investment and real property disclosure; "2" personal income disclosure; "3" business entity income disclosure; "4" business position disclosure. DESIGNATED POSITIONS DISCLOSURE CATEGORIES Chairman and Members of the Carlsbad Public Financing Authority Executive Director General Counsel Treasurer Secretary CARLSBAD PUBLIC FINANCING AUTHORITY SELECTION PROCEDURES FOR CONSTRUCTION CONTRACTORS FOR THE CARLSBAD GOLF COURSE PROJECT 1 .O BACKGROUND The City of Carlsbad (“City”) acting with the Carlsbad Municipal Water District (“CMWD”) has formed a separate legal entity, a joint powers authority, entitled the “Carlsbad Public Financing Authority,” hereafter referred to as the ”Authority.” Generally, the roles and responsibilities of the Authority include: Obtain a lease interest in the property on which the golf course will be constructed under a lease agreement with the City as fee owner; Assume complete management and control of the property pending completion of the proposed improvements; Indemnify and hold harmless the City and CMWD from all liabilities, damages, losses, etc., arising from the Authority’s management of the property and operation of all facilities and activities thereon; Provide all financing for the development of a championship length, daily fee municipal Golf Course Project, hereafter referred to as the “Project;” Enter into management, maintenance, operations, construction, service, consulting, and other contracts as may be required; Develop and adopt policies and procedures for the solicitation of construction related contracts; Solicit, evaluate, award, and administer all construction related contracts; Manage the construction of the Project through to completion following which the golf course and all facilities thereon may be managed by a third- party contract operator on behalf of the Authority; Lease the completed Project back to the City and, thereafter, assume responsibility for its management and operation on behalf of the City; The Authority Board of Directors shall prepare and deliver on or before June 30 of each calendar year an annual report to the City summarizing all activities related to the management, operation, and fiscal condition of the Project; Conduct other business incidental to, and as may be required by, the Board to facilitate its management, operation, and financing of the Project. 2.0 REQUEST FOR PROPOSALS 2.1 Introduction The Authority will issue 3 different Requests for Proposal (hereafter referred to as “RFP) for the development of various components of the project including: 1 (1) golf course construction; (2) building construction; and (3) College Boulevard bridge construction. The Authority will develop and adopt standard selection criteria to be applied to all 3 Requests for Proposal. All submittals to the 3 RFPs will be evaluated solely by the Authority. 2.2 Identification of Contractors to Receive ProDosals The Authority, through its authorized representatives, shall prepare a list of no fewer that 5 potential contractors who specialize in the type of work required for each of the 3 RFPs for the work. The identification and inclusion of potential contractors on these 3 lists shall be made at the sole discretion of the Authority. Said lists of potential contractors shall be considered final at the time of adoption of the rules and regulations by the Authority. 2.3 Pre-ProDosal Conference and Site Visit A pre-proposal conference and site visit shall be conducted by the Authority on (to be determined) , 2000 at [to be determined) am / pm in Conference Room 173 - B of the City of Carlsbad's Faraday Center facility, 1635 Faraday Avenue, Carlsbad, California 92008. Invited Proposers shall be requested to attend or send representatives to this pre-proposal conference to familiarize themselves with the site and the conditions set forth in the RFP. The Authority reserves the right to schedule an additional pre-proposal conference and site visit should the Authority determine the necessity to do so. In such case, all interested parties shall be given advance written notice. Attendance at the pre-proposal conference(s) by prospective Proposers is recommended but not mandatory. Before submitting a proposal, each Proposer shall examine the RFP and shall visit the site of the proposed work and observe its conditions in order that the Proposer may be fully informed for purposes of preparing a response to the RFP. Proposers may, at their own risk and expense, conduct subsurface investigations of the project site, provided they request in writing and receive permission in writing from the Authority at least five (5) working days in advance of initiating their own site investigation. Before undertaking any subsurface investigations of the project site, Proposers shall acquaint themselves with the environmental resources on the site and shall take all reasonable steps to avoid adverse impacts to said resources. Written requests from Proposers to undertake their own subsurface site investigation shall be directed via FAX to: CARLSBAD PUBLIC FINANCING AUTHORITY CARLSBAD CITY GOLF COURSE PROJECT attention: John J. Cahill,, Municipal Projects Manager 1635 Faraday Avenue, Carlsbad, California 92008 FAX: 760-602-8560 PHONE: 760-602-2726 L 2.4 Copies of Reauest for ProDosal At the time of the pre-proposal conference and site visit, the Authority shall furnish at its own expense one (1) complete copy of the RFP, including all drawings, specifications, contract documents, attachments, and existing addenda to each Proposer in attendance. Additional copies of the RFP may be secured by Proposers from the Purchasing Department, City of Carlsbad, 1635 Faraday Avenue, Carlsbad, California, 92008 at a cost of (to be determined 1 per set. 2.5 Reauest for Proposal Submission Date All responses from contractors submitting proposals for the RFP shall be received no later than 4:OO p.m. (to be determined) 2000 in the office of the Purchasing Department, City of Carlsbad, 1635 Faraday Avenue, Carlsbad, California, 92008. No time extensions shall be granted by the Authority to any Proposer beyond the aforementioned submission date and time. The Authority shall reject all submissions received after the aforementioned submission date and time. 2.6 Clarifications Reaardina the Request for Prooosal Requests for information, clarification, or other questions regarding intent or content of the design details contained within the RFP shall be in writina and forwarded bv FAX to the Authority, attention John J. Cahill, Municipal Projects Manager at 760-602-8560 no later than 4:OO p.m.. (to be determined) 2000. The Authority will not accept written requests for information, clarification, or other questions beyond this date. The Authority will not accept oral questions, clarifications, or requests for information of any kind in any manner other by written FAX. The Authority shall prepare, or cause to be prepared by others, a written response to the initiating Proposer’s questions. Said responses shall be sent via FAX to all those contractors submitting proposals for all written requests received in the specified manner and prior to the closure date specified above within ten (IO) calendar days of receipt. All requests for information, clarification, or other questions received from all Proposers, and the written responses prepared by the Authority, shall be included in an addenda document to be prepared by the Authority and mailed to all Proposers by certified mail, return receipt requested, no later than seven (7) calendar days prior to the date fixed for submission of proposals. Receipt of addenda shall be acknowledged on the proposal forms where required and each contractor shall be responsible for ensuring that it has received all addenda. Failure of a Proposer to receive any addenda shall not relieve the Proposer from any requirements or obligations therein. No one is authorized to amend or modify the RFP orally, or to make representations or interpretations in conflict with the RFP. If necessary, supplemental information to the RFP may be prepared by the Authority. This 3 /5- supplemental information shall be prepared and distributed in the same manner and time frame established above for responses to Proposer initiated questions and clarifications. All supplemental information prepared and distributed by the Authority prior to the date specified in Section 2.5 above for receipt of RFPs shall be considered to be included in all Proposer's RFP submittals. 2.7 No Substitutions The Authority will not receive, evaluate, consider, or approve substitutions of any kind of equipment, materials, supplies, furnishings, fixtures, utilities, structures, systems, hardware, or any other articles specified within the project plans, specifications, drawings, or exhibits, comprising the RFP during the proposal period other than those specified and transmitted via addenda from the Authority as described above. 3.0 REQUEST FOR PROPOSAL REQUIREMENTS 3.1 Submittal Requirements: General In order to insure being considered qualified by the Authority, each Proposer must submit as a part of their response to the RFP the information requested in the RFP. Proposals must be indexed and bound or assembled in loose-leaf binder@) with each response clearly identified for each information category. General information, photographic exhibits of prior work, brochures, pictures, awards, etc., may be included, but, are not required. Proposals will not be available for public inspection until after the Authority has taken formal action either awarding a contract(s) or rejecting all proposals. 3.2 Public Records Act All proposals, and all parts thereof, shall be considered subject to the Public Records Act with the exception of the financial disclosure requirements. The Authority shall exercise its best efforts to protect from publication or dissemination all information contained within the financial disclosure statement section of the proposal. 3.3 Request for Proposal Requirements All proposals shall include the following: (1) Bid for the work (2) Supplemental Information containing: (a) Business entity (b) Licensing and insurance (c) Financial disclosure 4 (d) Prior related construction experience (e) Special construction skills (9 Project management and scheduling (9) References (h) Prior and current construction claims 3.4 Reservation of Riqhts The Authority reserves the right to reject any or all proposals and to waive any informality or minor irregularity in any proposal. 3.5 LumD Sum Bid Proposals shall include all costs on a "Lump Sum Bid" basis. All proposals shall be made with the express understanding that the price quotation shall remain in effect for a period of one hundred eighty (180) days from the proposal due date as described in Section 2.5 above. The term "Lump Sum Price" where and as used in the RFP and contract documents is defined as the following: "A contract which provides for a price which is not subject to any adjustment by reason of the cost experience of the Contractor in the performance of the contract, unless the adjustment is required by the operation of any contract clause or provision which provides for an adjustment, escalation, or other revision of the contract price through the occurrence of an event or contingency. Proposers are advised that the proposed price shall be the firm, maximum price allowed, not subject to increase except and unless additional components of the project are required at the discretion of the Authority." 3.6 Use of ProDosals The Authority may use any or all ideas or concepts presented in any proposal. Selection or rejection of the proposal does not affect this right. All materials submitted in response to this RFP shall become the property of the Authority. 3.7 Prevailinq Wage Rates Pursuant to California law, the rates established by the Department of Industrial Relations are applicable to this project. Current classifications and wage scales, two (2) categories of "Basic Trades" and "Sub Trades" applicable to San Diego County, California can be located on the Internet / World Wide Web at the following address: httD://www.dir.ca.qov/DIRdatabases.html 5 It is the express responsibility of the Proposer to obtain and utilize current classifications and wage scales throughout the Project. 4.0 EVALUATION CRITERIA 4.1 General Information The Authority shall conduct the issuance, receipt, and evaluation of proposals for the work in a professional and confidential manner. Evaluation of the proposals shall be made solely on merit. Ultimate selection of the best proposal for the work shall be made based upon a combination of lowest price and highest quality of response to the RFP. The Authority intends to contact references of the proposers prior to the conclusion of the evaluation process. The Authority may, at its discretion and at its own expense, conduct site visits to selected projects, which may assist the Authority with its evaluation of the proposals. 4.2 Evaluation Criteria The criteria to be used to evaluate proposals are listed below. Each criterion will be scored based upon a ten (IO) point scale (IO being the best score) and weighted relative to the multipliers indicated for each criterion. CRITERION MAXIMUM POINTS MULTIPLIER TOTAL POINTS I. Bid 10 5 50 2. Prior experience 10 2 20 3. Special skills IO 1 10 4. Project management 10 1 IO 5. References IO 1 10 Grand Total Points 100 4.3 Evaluation Process The Authority shall appoint an Evaluation Committee, which may consist of the following representatives: - 1 representative of the City of Carlsbad Golf Course Steering Committee; - 1 representative of the Authority's proposed Golf Course Management Company; - 1 representative of the Architect designing the golf course; - 1 representative of the Authority's General Counsel; 6 Director. Each proposal will undergo a detailed review by the Evaluation Committee , which will assign the point value to each criterion listed in Section 4.2 above. In the course of its review, the Evaluation Committee may find that some clarification of a proposal is necessary and required for a fair and objective evaluation. In such an event, such clarification may be requested in writing and the proposer given a reasonable opportunity to respond in writing. Changes will neither be requested nor accepted during the evaluation process. Clarifications, when requested, shall not change the bid price. Proposers should not assume they will be contacted or afforded an opportunity to clarify, discuss, or revise a proposal. The proposals will be ranked based upon the total number of points received from the Evaluation Committee. The assignment of evaluation points and the ranking of the proposals by the Evaluation Committee shall be final and no appeal of its decision will be considered. 4.4 Non-ResDonsive Proposals During the evaluation process it may become apparent that one or more of the proposals do not qualify for consideration on the basis of lack of thoroughness, clarity, completeness of required information, or other similar deficiencies. If so determined by the Evaluation Committee, these proposals will be returned to the proposer with the deficiencies noted. - 3 representatives of Carlsbad City staff designated by the Authority’s Executive