Loading...
HomeMy WebLinkAbout2000-06-13; Public Financing Authority; 2; Approve Request for Proposal, Plans, Specifications, Contractors List and Authorize Solicitation Proposals for Carlsbad City Golf Course ProjectCARLSBAD PUBLIC FINANCING AUTHORITY I AB# DEPT. HD. 'w m: APPROVE REQUEST FOR PROPOSAL, PLANS, MTG. b- 13-00 ClTYAmY AUTHORIZE THE SOLICITATION OF PROPOSALS FOR SPECIFICATIONS, CONTRACTORS LIST, AND THE CONSTRUCTION OF THE CARLSBAD CITY GOLF DEPT. CD CITY MGRa COURSE PROJECT RECOMMENDED ACTION: Staff recommends the Authority ADOPT RESOLUTION NO. 9. approving a Request for Proposal, plans, specifications, contractors list, and authorize the solicitation of proposals for the construction of 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. On May 16, 2000, the Authority adopted rules and regulations, a conflict of interest code, and contractor selection procedures for the proposed Carlsbad City Golf Course Project. The Authority has become the controlling entity which will finance, construct, manage, operate, and maintain the Golf Course Project on behalf of the City of Carlsbad as the owner of the property upon which the project will be developed. Recent Project Backwound: The Golf Course Project has undergone several design changes over the last 3 years necessitated by the Federal and State Resource Agencies negotiating the project's "hard-line" design with the City within the Carlsbad Habitat Management Plan ("HMP). City staff, working closely with the members of the City Council appointed Golf Course Steering Committee, has overseen the incorporation of these many changes into the design with the assistance of numerous consultants which comprise the design team. As the lengthy, complex, and arduous negotiations on the HMP and the Golf Course Project near conclusion, the City's original goals for this project dating back over 10 years remain in place today: "A championship length, high quality public golf facility that is accessible and affordable to Carlsbad residents; a project that is responsibly financed and efficiently operated and maintained" Staff will review the project's components and describe the numerous features of the project during the Authority's consideration of this item. Status of Project Permits and Entitlements: The Golf Course Project's numerous permits and entitlements can best be described by jurisdiction: Federal, State, and local. Federal Agencies: Final approval of the Carlsbad Habitat Management Plan is scheduled during the June I July time period. The Golf Course Project is a "hard-line" design project within the HMP; that is to say, the Golf Course Project design is effectively "approved" by the United States Fish and Wildlife Service consistent with the final approval of the HMP. The City of Carlsbad will, thereafter, have the authority to issue a "take authorization permit" to the Golf Course Project. Staff anticipates this action to occur in August at the time of a recommendation of award of the construction contracts. I (4 6. - -4 PAGE 2 OF AGENDA BILL NO. 2 The Golf Course Project also requires a 404 Permit from the United States Army Corps of Engineers. This permit, with various conditions of approval, is anticipated to be issued to the City by the Corps sometime during the month of June, 2000. This permit incorporates all conditions and requirements of the United States Environmental Protection Agency. State AQencies: The California Department of Fish and Game was a participant, along with the USFWS, in the HMP negotiations with the City. Their modifications to the project have already been incorporated. The project does require, however, a "1601 / 1603 Streambed Alteration Agreement" from CDFG. The City has previously filed its application, including all exhibits, supporting data, and fees with CDFG. Issuance of their permit is anticipated within the July I August time period. The City has already secured approval from the State Water Quality Control Board, San Diego Region, in the form of a permit waiver for the Golf Course Project. The remaining State Agency hurdle lies with the California Coastal Commission. Although the City of Carlsbad has "Local Coastal Plan" ("LCP) authority to issue coastal development permits to projects within its LCP boundaries, such as the Golf Course Project, the California Coastal Commission retains "appeal" authority over all permits. City staff met with Coastal staff on May 26, 2000 in an effort to gauge the potential for the Commission to exercise its appeal authority over this City issued coastal development permit of approval. Although the initial meeting with the Coastal staff was a positive one, City staff cannot at this time predict the outcome of this potential action by the California Coastal Commission. Staff will continue to meet with Coastal staff, monitor the issues, and report any actions affecting the project. Local Aqency: On June 7, 2000, the Planning Commission adopted Resolutions 4772, 4773, 4774, 4775, and 4776 certifying the Environmental Impact Report, approving the Conditional Use Permit, Coastal Development Permit, Hillside Development Permit, and Special Use Permit for the project. The actions of the Planning Commission are final and do not require City Council action. The Golf Course Project also requires an encroachment permit from the San Diego Gas and Electric Company due to the existence of numerous SDGE utility easements containing both underground and overhead facilities crisscrossing the property. City staff has worked out the myriad of design details affecting the project with SDGE. SDGE representatives have indicated their encroachment permit, including a letter of permission to grade within their easements, is to be finalized within the next 30 days. Project Construction Strategy: The Project is divided into 3 separate construction contracts: (1) golf course construction, (2) all buildings, and (3) bridge structure over College Boulevard. This division is designed to seek the best qualified contractors to construct 3 distinctly different construction products. This approach also carries with it the economic advantage to the project of encouraging pricing competition among equally qualified contractors with similar building expertise. $8 L’ - - PAGE 3 OF AGENDA BILL NO. a All 3 construction packages have incorporated the latest, and hopefully final, round of changes from the Resource Agencies. These 3 construction packages have also secured the required development processing approvals from the City’s Building, Planning, Engineering, Water District, and Fire Departments. From a construction document standpoint, the 3 construction packages are now ready for solicitation of construction proposals. The Authority adopted specific contractor selection procedures for the Golf Course Project at its meeting of May 16, 2000, a copy of which is attached as Exhibit 2. These selection procedures identify a 7-member Selection Committee who will review, evaluate, and recommend for award by the Authority the 3 construction contracts. The form of the contractors’ proposals to the Authority for the work is a Request for Proposal. As required by Section 2.2 of the adopted contractor selection procedures, Staff has assembled the attached Exhibit 3 list of contractors to receive the Request for Proposal for the 3 construction contracts. Approval of the contractor’s list by the Authority is an action item in the accompanying resolution. Responses to the Request for Proposal shall be judged on merit and are not limited solely to the “low-bid’‘ received for the construction of the work. Section 4.2 of the contractor selection procedures contains specific evaluation criteria including: - Construction bid - Prior experience - Special skills - Project management expertise - References The Selection Committee will apply weighted multipliers to the evaluation criteria to determine the best response to the Request for Proposal for each of the 3 construction contracts. Staff wishes to emphasize that the Selection Committee’s recommendation to the Authority for award of the 3 contracts may not be to the “low-bidder” but, rather, to the best contractor for each of the 3 construction products based upon the response to the Request for Proposal. Staff anticipates the Selection Committee will conclude its evaluation of the proposals in early August. If the remaining project permits and entitlements are granted to the City by the respective Federal and State Resource Agencies in a timely way, award of the 3 construction contracts may occur sometime during the month of August at the earliest. Year 2000 Project Schedule: The year 2000 project schedule is entirely dependent upon the issuance of the previously discussed Federal and State Agency permits and approvals. If these entitlements are issued to the City within the June through August time period as previously pledged by the respective agencies representatives, then the Golf Course Project is capable of beginning construction in September, 2000 as planned. Staff wishes to emphasize that without all Federal and State Agency permits in hand prior to the end of August, 2000, the Authority would be precluded from awarding the 3 construction contracts. Therefore, no construction activity on the Golf Course Project would commence in 2000. 3 It 4% h PAGE 4 OF AGENDA BILL NO. h The remaining project schedule for year 2000 is also influenced by the activities of the California Coastal Commission. As previously discussed, staff will keep the Authority informed regarding any development in this venue. Central to the Golf Course Project schedule for year 2000 is the question, “Why solicit construction proposals at this time without the certainty of receiving the project permits from the Federal and State agencies?” The answer is there remains the chance the Federal and State Agencies will perform as represented; if so, the Authority should be similarly prepared in advance to begin construction. Solicitation of construction proposals during the June through July time period will ensure the Authority’s ability to begin the project in September, 2000 if all entitlements are secured. Staff wishes to emphasize that the Authority acquires no risk, cost exposure, or liability whatsoever by soliciting proposals at this time. Cost exposure would potentially attach to the Authority only if contracts were awarded and then later terminated or excessively delayed. Therefore, following the year 2000 project schedule discussed above, staff recommends the Authority: - Authorize the solicitation of construction proposals at this time; - Authorize the Selection Committee to evaluate the proposals and be ready to recommend award of the 3 contracts. Given the status of the remaining Federal and State Resource Agency permits and approvals, staff will not recommend the Authority award the 3 contracts unless these entitlements are secured prior to September 1, 2000. If the approvals are not secured by this date, staff will recommend the Authority reject all proposals. ENVIRONMENTAL REVIEW: On June 7, 2000, the Planning Commission adopted Resolution No. 4772 certifying the Environmental Impact Report finding the project consistent with the California Environmental Quality Act and applicable City ordinances and environmental policies. FISCAL IMPACT: Preliminary cost estimates have been prepared and range between $22 million and $25 million for all project components including: Golf Course construction; Construction of all buildings; Fixtures, furnishings, and equipment for all buildings; College Boulevard bridge construction; Grow-in maintenance for golf course; Pre-opening expenses; Construction of 3 industrial pads; Completion of street and median improvements to Palomar Airport Road including undergrounding of existing overhead utilities; Street improvements to Hidden Valley Road and Palomar Oaks Way; 4 P PAGE 5 OF AGENDA BILL NO. & - All signage and lighting; - Substantial utility work including several relocations; - All onsite and offsite environmental mitigation; - Acquisition of offsite mitigation property; - Supplemental architectural, engineering, and environmental - Construction management; - Inspection and testing; - Construction contingencies. design work resulting from Resource Agency processing; The funding for the construction of the golf course is expected to come, first, from the issuance of bonds, and then from other funding sources if needed. The bonds will be repaid from golf course revenues. Thus, in order to determine the amount of bonds that can be issued, an estimate of the annual net income from the golf course operations is needed. Earlier this year, the City retained Economic Research Associates ("ERA) to provide an overview of the golf market in San Diego and to prepare pro-forma financial projections for the City's proposed golf course project. This report is attached as Exhibit 4. The preliminary estimates show potential net income before debt service ranging from $1 .I million to $2 million per year for the first 5 years after opening the facility. Stable year net income in today's dollars is estimated at $1.5 million per year. Although we are still developing the financing plan for the golf course, it is clear that the revenue to be generated from the course alone will not be sufficient to repay bonds if they were issued for the entire amount of the project costs (estimated between $22 million and $25 million). Fieldman / Rolapp & Associates, the City's financial advisors on the project, have estimated the revenues from the course will support a bond issue of approximately $17 million which will provide $13.7 million towards the project costs after deducting capitalized interest, the reserve fund, and other issuance costs. Therefore, an additional $8.3 million to $1 1.3 million is needed to construct the course as currently planned. The additional funding could be raised in several ways. One option would be to obtain an advance from the City's General Fund to be repaid over time as the revenues from the golf course allow. With the current estimates, the repayment will take over 40 years. Another option would be to obtain an advance from the General Fund but repay it from the sale of the 3 industrial pads that will be developed along with the golf course. The golf course site pian depicts 3 industrial parcels totaling 16.9 acres that are not intended to be used in the golf course operation. Staff has had these 3 parcels independently appraised under the conditions of the parcels being fully developed and entitled through the development of the golf course project. The value of these 3 parcels is approximately $11.5 million. The sale of the parcels may provide sufficient funds to repay the advance from the General Fund. In the event the City Council elects to advance funds from the General Fund, staff would recommend this advance be approved as an interest-bearing advance so that the General Fund may eventually recover all lost earnings on the advance as well. 5 P PAGE 6 OF AGENDA BILL NO. d- Another option, but one not recommended by staff at this time, would be to issue bonds for the entire project ($22 - $25 million) and pay the additional debt service from the General Fund as needed. This would create an ongoing debt service burden for the General Fund that may be difficult in later years. Fieldman I Rolapp has also been working with staff on determining what types of bonds should be issued and what type credit enhancement may be needed to sell the bonds at a reasonable interest rate. At this time, it appears that any bonds issued will require the backing of the General Fund of the City. This means that if the golf course does not generate sufficient money to pay the debt service on the bonds, the City would need to advance the funds to make those payments. Fieldman I Rolapp, together with staff, are still investigating methods by which the General Fund’s financial commitment to the golf course debt could be limited. However, it is unlikely that any structure will be able to reduce the financial risk to the City’s General Fund without significantly increasing the cost of the debt to the golf course. More details on the total financing package will be presented to the Authority prior to the award of the construction contracts. It is anticipated the bonds will not be issued until just prior to the beginning of construction. EXHIBITS: 1. 2. 3. 4. 5. 6. Resolution No. d- approving the Request for Proposal, plans, specifications, contractors list, and authorizing the solicitation of proposals for the construction of the Carlsbad City Golf Course Project. Authority’s selection procedures for construction contractors adopted by the Authority May 16, 2000. Recommended contractor’s list for receipt of Request for Proposals. Report from Economic Research Associates. Request for Proposal on file in the Community Development Department. Plans, specifications, and contract documents related to the Carlsbad City Golf Course Project including golf course construction, construction of all buildings, and construction of the bridge over College Boulevard, on file in the Purchasing Department. 6 , , I’ 1 2 3 4 5 6 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2; 2f RESOLUTION NO. 2 A RESOLUTION OF THE CARLSBAD PUBLIC FINANCING AUTHORITY APPROVING A REQUEST FOR PROPOSAL, PLANS, SPECIFICATIONS, CONTRACTORS LIST, AND AUTHORIZING THE SOLICITATION OF PROPOSALS FOR THE CONSTRUCTION OF THE CARLSBAD CITY GOLF COURSE PROJECT WHEREAS, the Carlsbad Public Financing Authority, hereafter referred to as the ”Authority,” was formed on April 18, 2000 by the City Council of the City of Carlsbad and the Board of the Carlsbad Municipal Water District; and WHEREAS, the Authority adopted on May 16, 2000 a resolution approving rules and regulations, a conflict of interest code, and contractor selection procedures for the Carlsbad City Golf Course Project; hereafter referred to as the “Project;” and WHEREAS, a Request for Proposal, plans, specifications, and contractor’s list have been prepared on behalf of the Authority; and WHEREAS, the Authority hereby finds it necessary, desirable, and in the public interest to proceed with the solicitation of development proposals for the Project at this time pending anticipated requisite permit approvals from Federal and State Agencies. 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 in accordance with Section 2.2 of the aforementioned contractor selection procedures adopted by the Authority on May 16, 2000, the contractor‘s list is hereby approved. 3. That in accordance with Section 2.1 of the aforementioned contractor selection procedures adopted by the Authority on May 16, 2000, three (3) Requests for c .I 1 2 3 4 5 6 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 25 28 Proposal for the construction of the Carlsbad City Golf Course Project are hereby approved and staff is directed to solicit proposals in accordance with said procedures. 4. That plans and specifications for the construction of the Carlsbad City Golf Course Project including the golf course, all buildings, and bridge over College Boulevard are hereby approved and staff is directed to solicit proposals in accordance with the aforementioned procedures. 5. That in accordance with Section 4.1 of the aforementioned contractor selection procedures adopted by the Authority on May 16, 2000, the Authority authorizes out of state business travel for those members of the Selection Committee approved by the Authority’s Executive Director as may be necessary to assist with the evaluation of the proposals received for the Project. PASSED, APPROVED, AND ADOPTED at a Regular Meeting of the Carlsbad Public Financing Authority on the 13th day of June , 2000, by the following vote, to wit: AYES: Board Members Lewis, 211, Finnila,nd Nygaard. NOES: None ABSENT: Board Membe - CLAUDE A. LEWIS, Chairman 1 / LORRAINE M. WOOD, Secretary (SEAL) -2- ,- 1. EXHIBIT 2 CARLSBAD PUBLIC FINANCING AUTHORITY SELECTION PROCEDURES FOR CONSTRUCTION CONTRACTORS FOR THE CARLSBAD GOLF COURSE PROJECT I .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, entiled 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, 2.1 Introduction The Authority will issue 3 different Requests for Proposal (hereafter referreti to as "RFP) for the development of various components of the project includinp. 1 .? (1) golf course construction; (2) building constnrction; and (3) College Boulevard bridge construction. The Authorii 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 Prooosals 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-Prooosal 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 u.ndertake 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 2 2.4 Copies of Reauest for Proposal At the time of the pre-proposal conference and site visit, the Authority shall furnish at its own expense one (I) 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 ProDosal 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 Reauest for ProDosal 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 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 RFP's 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(s) 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@) 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 Repuest for ProDosal Reauirements 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 Riahts The Authority reserves the right to reject any or all proposals and to waive any informality or minor irregularity in any proposal. 3.5 Lump 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 Prevailina Waae Rates Pursuant to California law, the rates established by the Department of Industrial Relations are applicable to this project. Current classifications and wage scales, bo (2) categories of "Basic Trades" and "Sub Trades" applicable to San Diego County, California can be located on the Internet I World Wide Web at the following address: httD://www.dir.ca.aov/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 1. Bid 10 5 50 2. Prior experience 10 2 20 3. Special skills IO I IO 4. Project management 10 1 10 5. References 10 I IO Grand Total Points I00 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 - 3 representatives of Carlsbad. City staff designated by the Authority’s Executive 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 ProDosals During the evaluation process it may become apparent that one or more of !he 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. - 6 EXHIBIT 3 CARLSBAD PUBLIC FINANCING AUTHORITY RFP LIST FOR GOLF COURSE PROJECT GOLF COURSE CONSTRUCTION WADSWORTH GOLF CONSTRUCTION Attention: Steve Harrell, President 600 N. 195Ih Avenue Buckeye, Arizona 85326 Phone: 623-853-9100 Fax: 623-853-0217 NIEBUR GOLF Attention: Joe Niebur, President Colorado Springs, Colorado 80906 675 South Pointe Court. Suite 100 Phone: 719-527-0313 FAX: 719-527-0337 LANDSCAPE UNLIMITED Attention: Bill Kubly, CEO 1601 Old Cheney Road Lincoln, Nebraska 68512 FAX: 402-423-4487 Phone: 402-234-6653 ENVIRONMENTAL GOLF Attention : Michael Dingman, Vice President Calabasas. California 91302 24121 Ventura Boulevard Phone: 818-223-8500 FAX: 818-737-2694 HAZARD CONSTRUCTION COMPANY Attention: W. S. Rogers, Vice President of Estimating San Diego, California 92121 6465 Marindustry Place Phone: 858-587-3600 FAX: 858-453-6034 WElTZ GOLF Attention: Michael Harstad. Manager of Construction North Palm Beach, Florida 33408 11 780 US Highway One Phone: 561-227-0468 FAX: 561-227-0352 RANGER GOLF Attention: Jade Work Chandler, Arizona 85249 500 East Springs Road Phone: 480-883-8200 FAX: 480-802-2476 I CLUBHOUSE CONSTRUCTION ROEL CONSTRUCTION Attention: Bill Shaw. Chief Estimator 3366 Kurtz Street San Diego. California 921 10 Phone: 619-297-4156 FAX: 619-2971522 NINTEMAN CONSTRUCTION Attention: Joe Grosshart, Vice President 4375 Jutland Drive Suite 200 San Diego, California 921 17 Phone: 858-490-6800 FAX: 858-490-6818 LUSARDI CONSTRUCTION Attention: Scott Free, President 1570 Linda Vista Drive San Marcos, Califorrnia 92069 Phone: 760-744-3133 FAX : 760-744-9064 DPR CONSTRUCTION, INC. Attention: Jay Leopold, Project Development 6333 Greenwich Drive, Suite 170 San Diego. California 92122 Phone: 858-597-7070 Fax: 858-597-7001 RENO CONSTRUCTION Attention: Dave Armstrong. Director of Pre-Construction 1650 Hotel Circle North Suite 201 San Diego, California 92108 Phone: 619-220-0224 FAX: 619-220-0229 WESPAC CONSTRUCTION, INC. Attention John Largay, President 9440 North 26" Street Suite 100 Phoenix, Arizona 85028 Phone: 602-956-1323 FAX: 602-992-81 1 I R. D. OLSON COMPANY attention: Dennis Reyling. President 295 Main Street, 3'' Floor Irvine. California 92614 Phone: 949-474-2001 FAX: 949-474-1 534 L I7 COLLEGE BOULEVARD BRIDGE FCI CONSTRUCTORS, INC. Attention: Susan Robison. Chief Estimator 12777 High Bluff Drive, Suite 200 San Diego, California 92130 Phone: 858-481-6900 FAX: 858-793-861 1 HERZOG CONTRACTING COMPANY Attention: Bruce Marinchek. Chief Estimator Oceanside, California 92051 P. 0. Box 2510 Phone: 760-966-0600 FAX: 760-966-0900 E. L. YEAGER CONSTRUCTION COMPANY Attention: Doug Aadland, Chief Estimator Riverside, California 92509 1995 Agua Mansa Road Phone: 909-684-5360 FAX: 909-788-2449 R. E. HAZARD CONSTRUCTION COMPANY Attention: W. S. Rogers, Vice President of Estimating 6465 Marindustry Place San Diego, California 92121 Phone: 858-587-3600 FAX: 858-453-6034 ERRECAS INCORPORATED Attention: Max Frazier, Chief Estimator P. 0. Box 640 Lakeside; California 92040 Phone: 619-390-6400 FAX: 619-443-3002 GRANITE CONSTRUCTION COMPANY Attention: Dennis Iverson, Estimator 14080 B San Pasqual Valley Road Escondido. California 92027 Phone: 760-735-2880 FAX: 760-735-2879 WR CONNELLY, INCORPORATED Attention: Jeff Turner, Project Manager Spring Valley, California 91977 9210 Olive Drive FAX: 619-465-4688 Phone: 619-4654697 3 EXHIBIT 4 Memorandum bate: FabroEuy 18,2MxI To: John CahlWUsa Nildebrnnd From: 0. Krakorian Re : Carlsbad Municipal Golf Course Revised Pro Fma ormating P@@AiWIS ERA No. t3488 €=-nomic+ Research Pssoclatcs Revised Pro Forma Opemthg Projections ERA No. 13468 February 18,2000 Page 5 23 Revisal Prc Forma opaatins Projections ERA No. 13468 Februay 18,2000 Page 6 24 Revised Pro F- OpetlrtiSK Rojations ERA No. 13468 February 18,ZOW Page 7 2002 14,000 31,000 45,000 2004 16,000 36,000 52,000 2003 15,000 34,000 49,000 The diratndion of play at stabilization is estimated as foUm (moderate): $ 30.00 35.00 40.00 s 85.00 95.00 115.00 S 50.00 7o.00 60.00 L.Am J 74.48 S 78.40 9.8% 3.4% 8.0% 0.6% 1.7% 1.4% 31.0% 93% 21.% 5.5% 3 8% 1.7% cz.mJ 100.0% - 95.wo Rpvised Pro Forma opaating Pm~tions ERA No. 13468 February 1% 2000 Page 9 $ 550,000 350,OOo 300,000 125.000 $1,325,000 $ 275,000 195,ooa 75,000 75,000 50,0o0 $ 550,000 $ 150,000 s 110,000 29 5292 f3W 5310 $319 a28 91549 195 195 193 195 195 975 80 82 84 87 93 422 80 82 84 87 90 4!22 edit""' M19 S51 Ut93 $916 S940 SubtCodGSA 1,497 275 291 305 310 316 -FCC' 444 77 - 85 92 95 98 $4359 394 439 351 M3 $619 394 m S 1,476 125 $310 195 & 64 34 Table A-1 SURVEY OR ROUNDS ANI) RATES Maderas Meadow at Del Mar A* vineyard Eaglecrest Twin Oaks Mt. Woodson Carlton Oaks Ste-ek Canyon (27 holes) EdstMe Camel Mountain RMch Riverwalk (27 holes) EncinitasRaUch 5 85 95 1551175' 491 42' 501 4@ 40 55 49 55 65 5w 452 651 4d 78J 48* $115 125 175/195' 60/ 53= 671 55' 60 72 80 75 85 651 55' 851 sd 98/ 68' 32 X X X XX X XX i ! 33 Vr" VIwl- e NNN yt r).c.+ !!I ii! X x xxx X X x x x v) w ! VI 49 .n w3 ! . $' 1 35 .e s F 37 $1,846 S2,430 $3.866 589 573 286 200 350 253 320 405 398 30d 925 15 2 50 s3,397 $3,843 $5,496 - - 72,000 71 ,OOO 52,000 39 pri’ )!. :’, .’/ - Aqe&a 54-G +n ALL RECEIVE *’ / - ., ,’-T g 3 FOR THE Iff FORMATION OF June 13,2000 THEClTVmIL TO: CITY MANAGER FROM: COMMUNITY DEVELOPMENT DIRECT lo- \3- 00 SUBJECT: CITY COUNCIL CONSIDERATION OF GOLF COURSE AGENDA BILL ON TUESDAY EVENING, JUNE 13,2000 This memo is intended to report the latest status of issues and action steps surrounding the City Council’s consideration of the Golf Course Project agenda bill at the City Council meeting of Tuesday, June 13, 2000. WHAT DOES TONIGHT’S ACTION MEAN TO THE CITY? - Authorizes the solicitation of construction proposals m. - This process requires a generic time period of 60 days to complete start to finish. - Beginning this process now will ensure its timely completion during August. - Receiving and evaluating proposals gets the City ready to proceed with construction in 2000 if all Federal and State Resource Aqencv Dermits are received Drior to September 1, 2000 WHAT ARE THE RISKS AND COSTS TO THE CITY? City assumes no financial risk or contractual liability by soliciting proposals. Estimated cost to the City is $8,500 which is limited to printing costs for the various plans and specification packages. - No other City costs to proceed with the proposals at this time. WHAT IS LATEST STATUS OF HMP AND COASTAL COMMISSION APPEAL? - HMP has not yet been “noticed” in the Federal Register by the USFWS. - Planning Commission approved the Coastal Development Permit for the Golf - Coastal Commission received ofticial “notice” from City of coastal permit - This begins a 10 day ”appeal period” in which the Commission can review the - Coastal staff have indicated the Commission will likely consider an “appeal” of USFWS staff indicate that “noticing“ is imminent. Federal process can still be completed during June to August, 2000 time frame. Course Project on June 7, 2000. issuance on June 13,2000. entire City issued permit. the permit perhaps at their July or August, 2000 meeting. STAFF RECOMMENDATION - Proceed with the solicitation of construction proposals now. - City Council, acting as the “Authority,” should take the position that the City will not award anv contracts until all Federal and State Agency permits and approvals are received by the City. CARLSBAD PUBLIC FINANCING AUTHORITY NOTICE INVITING PROPOSALS Sealed proposals shall be deposited in the Bid Box located in the first floor lobby of the Fara- day Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, until 4:OO P.M. on the 3d day of August, 2000, at which time they will be opened and read, for performing the work as follows: Carlsbad Municipal Golf Course Project. CONTRACT NO. 30721 CARLSBAD MUNICIPAL GOLF COURSE PROJECT This proposal and the terms of the Contract Documents and Supplemental Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 180 days and such additional time as may be mutually agreed upon by the Carlsbad Public Financing Authority, hereinafter referred to as "CPFA", and the proposer. The work shall be performed in strict conformity with the plans and specifications as approved by the Carlsbad Public Financing Authority on file with the Community Development Department. The specifications for the work include the Standard Specifications for Public Works Construction, 1997 Edition, and the 1998 and 1999 supplements thereto, all hereinafter designated "SSPWC" as issued by the Southern California Chapter of the American Public Works Association and as amended by the supplemental provisions sections of this contract. Reference is hereby made to the plans and specifications for full particulars and description of the work. Reference is made to the to be used herein. enclosed American Institute of Architects provisions, requirements, instructions, and forms Contractor shall subcontract with a California Registered Land Surveyor to provide all construction staking, surveying, and as-built surveying. The CPFA encourages the participation of minority and women-owned businesses. The CPFA encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. The CPFA may disqualify a contractor or subcontractor from participating in bidding when a contrac- tor or subcontractor has been debarred by the CPFA or another jurisdiction in the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. '9 5/10/00 Contract No. 30721 Page 5 The documents which comprise the proposal and that must be completed and properly executed including notarization where indicated are: 1. Contractor's Proposal 8. Acknowledgement of Addendum(a) 2. Bidder's Bond 9. Certificate of Insurance. The riders cover- 3. Non-Collusion Affidavit ing the City, its officials, employees and 4. Designation of Subcontractors volunteers may be omitted at the time of and Amount of Subcontractor Bid bid submittal but shall be provided by the 5. Designation of Owner Operator/Lessors & Bidder prior to award of this contract. Amount of Owner Operator/Lessor Work 10.Bidder's Statement Re Debarment 6. Bidder's Statement of Financial Responsi- 11 .Bidder's Disclosure Of Discipline Record bility 12.Escrow Agreement for Security Deposits - 7. Bidder's Statement of Technical Ability and (optional, must be completed if the Bidder Experience wishes to use the Escrow Agreement for Security) All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $6,400,000. Except as provided herein a proposal submitted to the CPFA by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the CPFA. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to propose does not involve federal funds. The following classifications are acceptable for this contract: Classification A AS0 B c-2 c-4 c-5 C-6 c-7 C-8 c-9 c10 c11 c12 C13 C14 C15 5/10/00 Description IIClassification General Engineering llc50 Asbestos CemovarCertification C5 General Building llc53 Insulation and Acoustical Boiler, Hot Water Heating and Steam Fitting Carpentry Cabinet and Mill Work Low Voltage Communications and Wiring Systems Concrete Drywall General Electrical Elevator Installation Earthwork and Paving Fencing Metal Roofing Systems Flooring and Floor Covering c54 c55 c57 C60 C61 HAZ DO3 DO4 DO6 DO9 Dl0 Dl2 Dl6 Contract No. 30721 Description Reinforcing Steel Structural Steel Swimming Pool Ceramic and Mosaic Tile Water Conditioning Water Well Drilling Welding Limited Specialty Hazardous Substance Removal Certification Awnings Central Vacuum Systems Concrete Related Services Drilling, Blasting and Oil Field Work Elevated Floors Synthetic Products Hardware, Locks and Safes Page 6 C16 C17 c20 c2 1 C23 C26 C27 C28 C29 C32 c33 c34 c35 C36 c39 C42 c43 c45 C46 c47 c38 Fire Protection Contractor Glazing Warm-Air Heating, Ventilating and Air-conditioning Building Moving and Wrecking Ornamental Metals Lathing Landscaping Lock and Security Equipment Masonry Parking and Highway Improve- ment Painting and Decorating Pipeline Plastering Plumbing Refrigeration Roofing Sanitation Systems Sheet Metal Electrical Signs Solar Manufactured Housing D2 1 D24 D28 D29 D30 031 D34 D35 D38 D39 D4 1 D42 D49 D50 D52 D53 D56 D59 D62 D63 D64 Machinery and Pumps Metal Products Doors, Gates and Activating Devices Paperhanging Pile Driving and Pressure Foun- dation Jacking Pole Installation and Mainte- nance Prefabricated Equipment Pool and Spa Maintenance Sand and Water Blasting Scaffolding Siding and Decking Sign Installation Tree Service Suspended Ceilings Window Coverings Wood Tanks Trenching Only Hydroseed Spraying Air and Water Balancing Construction Clean-up Non-specialized D65 Weatherization and Energy Conservation If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $75.00 per set which includes all postage. Any prospective proposer who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, em- ployee or contractor of the CPFA except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the CPFA except as hereinbefore specified. The CPFA reserves the right to reject any or all bids and to waive any minor irregularity or informal- ity in such bids. G 5/10100 Contract No. 30721 Page 7 The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all work- ers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcon- tracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1. of the Labor Code commencing with section 1720 shall apply to the Contract for work. A pre-bid meeting and tour of the project site will be held Thursday, July 13, 2000 at 1:30 p.m., in Room 1738, The Faraday Center Facility, 1635 Faraday Avenue, Carlsbad, CA 92008. All proposals are to be computed on the basis of the lump sum price given for the work. In case of a discrepancy between words and figures, the words shall prevail. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. Proposers are advised to verify the issuance of all addenda and receipt thereof one day prior to delivery of the proposals. Submission of proposals without acknowledgment of addenda may be cause of rejection of bid. The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($1 0,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the con- tract exceeds ten million dollars ($10,000,000). These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the CPFA until they are released as stated in the Supple- mental Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets ex- ceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commis- sioner. G 5/10/00 Contract No. 30721 Page 0 If the proposal is accepted, the CPFA may require copies of the insurer's most recent annual state- ment and quarterly statement filed with the Department of Insurance pursuant to Article 10 (com- mencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 cal- endar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite. whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance cer- tificate must state the coverage is for "any auto" and cannot be limited in any manner. Workers' compensation insurance required under this contract must be offered by a company meet- ing the above standards with the exception that the Best's rating condition is waived. The CPFA does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the CPFA is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contrac- tor fails to comply with these requirements, the CPFA may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The prime contractor and all subcontractors are required to have and maintain a valid City of Carls- bad Business License for the duration of the contract. Approved by the Board of the Carlsbad Public Financing Authority, by Resolution No. 2 , adopted on the i3€6th day of June ,2000. - /L, a000 Date , +3 5/10/00 Contract No. 30721 Page 9