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.
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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
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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)
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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.).
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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.
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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
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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.
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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
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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.
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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:
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(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
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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
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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
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(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
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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;
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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