RESPONSE TO QUESTIONS

Toma Prospective Bidder Questions
and Requests for Information

1.)
  • QUESTION: How far and wide are you broadcasting the RFP?
  • ANSWER: The RFP distribution is primarily to the West Coast. The RFP has been posted on the BLR web-site, the regional Times-Standard newspaper, and various RFP distribution sites.
2.)
  • QUESTION: What is the budget for A&E?
  • ANSWER: The A&E budget is based on the hard construction costs noted in the RFP, and reflects typical industry costs.
3.)
  • QUESTION: Please clarify the format of the submittal. Is there a page limit for the submittal? Are there any other format requirements? What time of the day does the submittal need to be received by?
  • ANSWER: There is no page limit, and no particular format requirements. Regarding the deadline, if it is received by September 30 it will be accepted. There is no specific time noted.
4.)
  • QUESTION: Is there an environmental impact report or other environmental studies that will need to be done for the project site? If so, will those be done by the Owner? If studies have been done, can we get a copy of them prior to submission?
  • ANSWER: An environmental assessment was completed by BLR’s Environment Department, and an environmental narrative was prepared for the EDA.
5.)
  • QUESTION: The building size is noted at 20,000 s.f., is this net square feet or gross square feet?
  • ANSWER: Net.
6.)
  • QUESTION: The budget is listed as $5.65 million dollars, is this in 2019 dollars or is it escalated to a later date?
  • ANSWER: It is in 2019 dollars.
7.)
  • QUESTION: The RFP mentions Construction Management services and role and responsibilities? Is the intent to have a Construction Manager as Advisor (CMa)? Would the Construction Manager have a separate agreement with the Owner?
  • ANSWER: No, our intent is that the selected team will provide a single point of contact who will be able to stay with the project as a consultant throughout the Construction process.
8.)
  • QUESTION: The RFP states that the A/E consultant will conduct topographic and property surveys. Is the intent that these would be arranged by the Construction Manager and be under their agreement with the Owner? Additionally, it implies that geotechnical services would be provided by the A/E consultant which is not covered under industry standard liability insurance policies. Can the geotechnical report be provided by the Owner or independent Construction Manager?
  • ANSWER: A preliminary geotechnical report exists for the proposed Toma site.
9.)
  • QUESTION: Under qualification it asks for construction cost (cost per square foot) for new construction projects of the last 5 years. Could you provide additional information of what you are requesting? Are you looking for Northern California projects and of similar scope and scale?
  • ANSWER: Yes, Northern California projects of similar scope and scale are preferred.
10.)
  • QUESTION: Since the project is being funded by an EDA grant, what will be the process of either reducing the program requirements to stay within the budget or of adjusting the budget to include the program requirements described in the Project Overview of the Preliminary Engineering Report if it becomes clear that the established budget of $5.65 million will not cover the scope of the project as described in the EDA grant application?
  • ANSWER: Any programmatic and budgetary adjustments needed will be dealt with on an as needed basis in conversation with tribal leadership, EDA, the BLR project team, and the consultant.
11.)
  • QUESTION: Please clarify if the contract for A&E services is a “not to exceed contract” (p. 3) or a “cost reimbursement with an agreed maximum” (p.10).
  • ANSWER: It would be a “not to exceed contract.
12.)
  • QUESTION: Under Construction Administration of the RFP, it is indicated that the Consultant shall provide administration of the AIA A201 contract. Later in the RFP under “RFIs, Q&A and Other Matters”, it is indicated that the Consultant shall enter a PSA using the AIA A201 form (which is the General Conditions of the Contract for Construction), typically used for the agreement between the Owner and construction Contractor. Should the proposed form for the Owner/Architect Agreement be AIA B201 (Standard Form of Architect’s Services: Design and Construction Contract Administration) instead? If so, please provide AIA B201 form with any expected modifications.
  • ANSWER: BLR will use AIA B201 with A&E contractor. Modifications to the contract could be worked out during negotiations. The AIA A201 was included in the RFP as it was anticipated that the A&E contractor would assist with the administration of the contract. The AIA A201 was also included as it was an EDA requirement.
13.)
  • QUESTION: Does “Monitor contractor pay applications” entail ensuring Contractor compliance with Davis Bacon or only verifying accuracy of construction progress? (Construction Management #1 / Construction Admin #6)
  • ANSWER: BLR will ultimately be responsible for monitoring the Davis Bacon compliance of our grant subrecipients; this would not be an A&E contractor responsibility.
14.)
  • QUESTION: Please clarify the intent and define the meaning of Supervise Any and All “Critical construction operations” (Construction Management #9).
  • ANSWER: Specific obligations regarding construction management will be negotiated with the prospective A&E contractor.
15.)
  • QUESTION: The project programming requirements indicate a zero-net energy building/project. There are also federal requirements for energy efficiency indicated in two different locations within the EDA document, which state the following: “Contracts must contain mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C.§ 6201).” We are unaware of a specific state energy conservation plan but understand that the CA Energy Commission and Building Code Requirements likely stem from that plan. If there is a specific document, please provide a list of the requirements of the state energy conservation plan.
  • ANSWER: California has Building Energy Efficiency Standards (Title 24) that are updated every three years by the California Energy Commission. The Building Efficiency Standards can be found at https://www.energy.ca.gov/programs-and-topics/programs/building-energy-efficiency-standards.
16.)
  • QUESTION: Zero-net energy buildings go above and beyond the CA state energy requirements and CA building codes, but don’t necessarily align with all of the CA energy and CA building code requirements. In the case of conflicts between a zero-net energy building and meeting the requirements of the California Energy Code or California Building Code, or the state energy conservation plan, which standards shall be followed? Will the most stringent standard always apply? Will there be a decision-maker at the tribe who will decide which standard shall be followed if conflicts arise?
  • ANSWER: The Tribe will have a representative coordinating the energy requirements and performance of the building, and the project team. The Tribe will also provide an Owners Representative who will act as our internal project manager. We will help make decisions during the design process. BLR has adopted the 2016 California Energy Code, CalGreen, and the 2018 International Building Code.
17.)
  • QUESTION: Since Zero Net energy is a goal of the project does the design team have any influence over site aspect, orientation or layout of the building to encourage maximum solar gain, daylighting, or building site layout for solar access for solar panels?
  • ANSWER: Yes.
18.)
  • QUESTION: Is the project intended to be on or create its own micro-grid?
  • ANSWER: The project will be connected to the BLR microgrid.
19.)
  • QUESTION: The RFP requires an independent plan checking firm (Construction Administration & Inspections, #4). Does the proposed budget for services need to include a plan check fee or will the Tribe incur that cost separately (if included in Consultant’s fee, please identify the amount allowed)? What are the code standards being applied to the review? Has the independent plan check firm already been selected?
  • ANSWER: The firm has not been selected. BLR has adopted the 2016 California Energy Code, CalGreen, and the 2018 International Building Code.
20.)
  • QUESTION: It is indicated that the Consultant shall identify fees expected for geotechnical, topographical, and property surveys (p. 10). Are these services to be included in the A&E services fee and subcontracted by the A&E firm or will they be contracted and paid for by the Tribe?
  • ANSWER: These items shall be included within the selected teams proposal.
21.)
  • QUESTION: The RFP’s reference to Council, community, and stakeholder engagement is broad. Please outline the project decision making hierarchy and authority for key project decisions (design, budget, change orders, scheduling, etc.). What are the limits of the authority of the Owner’s Rep? How are the decisions finalized and approved by council through each phase of design and through construction? Will special Council meetings be held to keep the design and construction administration moving quickly, or will design and construction administration decisions need to wait for pre-set council meeting dates?
  • ANSWER: There will be no special council meetings held for this project, and the selected project team will not present to the Tribal Council. Regular Construction and Design meetings will be conducted with representatives from various department heads and the selected team, whether in person or via teleconferencing. The Tribal Council has BLR’s owner’s rep has broad discretion regarding the construction process but will also maintain close communication with BLR’s tribal administrator and BLR’s construction coordinator.
22.)
  • QUESTION: Is there a preconceived design aesthetic in mind? Metal buildings are listed as a preferred, but not required, choice for design/construction. Native American design elements could be attached to a standard metal building, but that does not seem to be the desired outcome listed in the RFP which indicates that the exterior of the building will reflect both modern and Native American architectural styles. Adding elements to disguise or create alternative façade for a metal building can be more expensive than non-metal construction; please clarify which is the stronger preference – a metal building construction or a specific design aesthetic.
  • ANSWER: Not at this time, we will develop this with the help of the selected project team.
23.)
  • QUESTION: A “landscape buffer” is indicated in the RFP as to be included in the conceptual design package. Do the proposed hard costs for construction include the costs for the landscape buffer? Will the Consultant’s services include a fee for a landscape architect to provide a professional landscape design around the building and parking areas? How much of the total site design (grading, utilities, paving) beyond the building footprint and parking areas, is expected to be included in the A&E scope and fees?
  • ANSWER: The landscape buffer is not a part of this project, but the project design should be cognizant of and not preclude the development of desired landscape buffer components.
24.)
  • QUESTION: Will the Tribe provide or pursue additional funds for the project if the current architectural program requirements are not in alignment with the stated budget; or will the Tribe revise its architectural program requirements to fit within the stated budget?
  • ANSWER: BLR anticipates that the architectural program requirements can be met by the stated budget.
25.)
  • QUESTION: The current budget is listed as a hard cost budget, what is the total project budget? As indicated in press releases regarding the project, The EDA awarded $7.87 million for the Toma project.
  • ANSWER: This is to be decided. The Tribe does not intend to provide any additional funds other than those granted.
26.)
  • QUESTION: What is the percentage of the hard cost budget that is earmarked for FF&E, or is FF&E under a separate budget? Is makerspace equipment (plasma cutter, CNC machine, welders, other equipment needs?) part of the FF&E budget, or is there a separate budget for FF&E makerspace equipment? What kinds of activities and machines are anticipated to be provided in the makerspace? Will the FF&E and makerspace equipment be provided by the Contractor during construction, be procured by the Tribe and installed by the Contractor, or be procured and installed by the Tribe? Will equipment specifications be available and provided to Consultant during programming and schematic design?
  • ANSWER: While final makerspace outfitting will take place in the interim prior to construction, certain specific design amenities will be outlined and provided to the consultant. The FF&E is based on a per square footage basis for each type of room/space in the Toma. In general, the contractor will not install makerspace equipment unless it is cost-beneficial to do so. BLR is still developing specs for makerspace equipment and may not have all of the space components identified by construction. There are other makerspaces in the area, and BLR wants to be complementary, not duplicative. Additionally, BLR anticipates using the makerspace for workforce development activities, particularly related to the trades.
27.)
  • QUESTION: It is indicated in the RFP that Consultant will “obtain plans of all adjacent utility facilities and identify and precisely locate all utilities.” Are existing utility plans currently available and what is their degree of accuracy or uncertainty? Is the Consultant responsible to survey the utilities to define their precise locations on the site as part of its A&E fee? Are existing utilities (power, water, sewer) available at the proposed site or will they be required to be extended as part of the project? If they are to be extended, will the extension occur below grade within the new 0.4 mile road extension? Please clarify which utilities are to be extended, and the length of proposed utility extensions.
  • ANSWER: All existing utilities are within 200 yards of the proposed Site Area. Locations of all utilities will be provided at the time of project kick off, once a design team is selected.
28.)
  • QUESTION: Is there a site visit planned prior to proposal submittal?
  • ANSWER: There is no site visit planned.
29.)
  • QUESTION: Has NEPA and NHPA section 106 compliance been provided for the new site and, if so, can those documents be provided prior to the proposal deadline?
  • ANSWER: We believe that the Environmental Assessment for the Site Area is complete and will be provided at the time of project kick off, once a design team is selected.
30.)
  • QUESTION: Due to the close proximity to Highway 299, Is Caltrans a review agent for the project, and if so, are there any view corridor or height restrictions on this site?
  • ANSWER: This will need to be reviewed by the selected project team, and coordinated with the Owners Representative. We do not believe that there are any restrictions within our selected Site Area.

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