10838 E. Marshall St., Suite 220
Tulsa, OK 74116-5683
Office: 918-582-9110
Fax:
918-583-7948
Request for Qualifications
Phase One
Architectural/Engineering Services
for
Cherokee Nation
Clinic Expansions in
Jay, Stilwell, and Future Site in 14 County Jurisdiction of Cherokee Nation
Questions & Answers Log thru March 22, 2013
Question
1. As I understand it, all that is required is a
written request that the A/E proposes to
employ a Sub-A/E firm AND that any architect
firm that determines a need for subcontracting
to another architect must state so in the
proposal. Is this correct?
Answer
Proposers should identify sub-consultants such as
Mechanical, Electrical, Plumbing, Structural, and
Civil Engineers as well as any other sub-consultants
that the Proposer intends to use for these
projects.
2. Does the written request to employ a Sub-A/E
need to occur prior to the Phase I submission
or is the intent that the written request occur
as part of the Phase I submission?
Including the Sub-A/E or consulting firms within
the applicable sections of the AIA B305-199 shall
meet this requirement in Phase 1.
3. Understanding that specific TERO
requirements will be required in the Sub-A/E
agreement. Is AIA Document C401 Standard
Form of Agreement Between Architect and
Consultant (Sub-Architect) - with specific TERO
requirements listed in Article 12 Special Terms
and Conditions - acceptable to the CM and the
Cherokee Nation TERO?
CNCR will not determine which contract form
should be used for the Proposer’s sub-consultants.
It is requested that the TERO requirements “flowdown” to the proposer’s subcontracts.
10838 E. Marshall St., Suite 220
Tulsa, OK 74116-5683
Office: 918-582-9110
Fax:
918-583-7948
4. With regard to Item 3, a few weeks ago, I
spoke in general terms with Jon Overacker
about teaming/subcontract agreements with
other architecture firms. Does the TERO also
need to approve the architect subcontract
agreement specific to this contract? Due to
RFP requirements that I am not to contact any
other Cherokee Nation departments regarding
this RFP, I assume this must take place after
contract award. Is this correct?
See answer #3.
5. CA Services include the Architect’s
responsibility to visit the site. Typically we
would include an unlimited number of site
visits in our fee. Will there be a cap on the
number of site visits? If yes, and if exceeded,
will it be considered a change in scope and
additional fees allowed for during the project?
This question is not applicable to Phase 1 of the
RFP. Proposers chosen to submit responses to
Phase 2 will be given instructions for Construction
Administration and Site Visits.
6. Should procurement services be included in
the A/E fee?
This question is not applicable to Phase 1 of the
RFP. Proposers chosen to submit responses to
Phase 2 will be given instructions for services to be
included in fee.
7. Are we expected to include A/E fees for the
portfolio projects we provide in our phase 1
submittal?
A/E fees for portfolio projects are not required.
8. On page 3 of the RFP, it reads “The contract
will contain a cancellation clause in favor of
the Cherokee Nation and CM.” Could you
please clarify what circumstances would lead
to the cancellation clause being utilized?
The contract would be cancelled if, due to some
unforeseen circumstance, the A/E Services at that
particular property were no longer necessary.
9. Would it be possible to get a summary of total Scorecards will not be provided. Proposers should
possible points and the breakdown bidders will rely on the criteria and points outlined in the RFP.
be evaluated against?
10. In reference to the deliverables, are graphics
and wayfinding to be included in the firm’s
turn-key proposal?
This question is not applicable to Phase 1 of the
RFP. Proposers chosen to submit responses to
Phase 2 will be given instructions for services to be
included in fee.
10838 E. Marshall St., Suite 220
Tulsa, OK 74116-5683
Office: 918-582-9110
Fax:
918-583-7948
11. With regard to a dispute, the RFP states that
the Agreement shall be governed by the laws
of the United States, and where applicable, the
laws of the Cherokee Nation. We are not
familiar with the laws of the Cherokee Nation
and would like to have the opportunity to
review them. We propose that in the event of
a dispute, executives of the parties meet with
the goal of resolving the dispute. If they are
unable to reach a resolution, the parties would
agree to first mediate and if necessary, submit
the dispute to binding arbitration. Please
advise us of your thoughts regarding dispute
resolution.
CNCR is agreeable to executives of the parties
meeting with the goal of resolving the dispute as
well as mediation. However, CNCR cannot agree
to binding arbitration as a means of dispute
resolution.
12. Is it the intent of the Cherokee Nation to enter
into an open ended contract for A-E Services?
No.
13. The attached Professional Services Agreement
has no reference to a Scope of Work or
reference to any industry standards. Can you
provide an Exhibit A for use by the Proposers
in identifying the anticipated Scope of Work
expected for each of the Clinics? Without any
definition of expectations, there will be no way
to compare the fees between proposers. For
examples of variables: 1. Construction
Administration: Some Clients are happy with
monthly visits by the A-E Team, while others
demand Full Time, on-site representation; 2.
Some Clients require sustainable design
services so that the project can be certified as
LEED Basic, Silver, Gold or Platinum. Does the
Cherokee Nation require any of those
services?
Proposers should rely on the scope of work
provided within the RFP for Phase 1 submissions.
More detailed scopes of work may be provided in
Phase 2 to down-selected proposers.
14. Alternatively, if it is the intent of this
solicitation to award a single contract for A-E
Services for each of the Clinics, would the
Cherokee Nation consider entering into a
Standard AIA Owner – Architect Agreement
(Construction Manager edition) with
appropriate modifications for inserts such as
for Cherokee Nation sovereignty, etc.?
CNCR intends to enter into single contracts for
each of the clinics separately. Multiple contracts
may be awarded to a single firm if that firm’s
proposal is found to be most responsive and to the
greatest benefit of the Cherokee Nation.
10838 E. Marshall St., Suite 220
Tulsa, OK 74116-5683
Office: 918-582-9110
Fax:
918-583-7948
15. Section 11 (d): Professional Liability Insurance
with limits of not less than $2,000,000 for each
claim and an annual aggregate of not less than
$5,000,000: Would the Cherokee Nation
consider revising the limits to $1,000,000 /
$2,000,000? We have the lower limits and
have had no claims since our founding. While
we can purchase the higher limits if required,
it would of course be at a higher cost.
The insurance requirements listed in the RFP are
minimum and mandatory.
16. Regarding the requirement for the bidder to
The example given satisfies the requirement. The
perform 51% of the Scope of Services in order entire team will be considered when determining
to receive Indian Preference, does that apply
% of work completed by Indian owned firms.
to the entire team including engineering
consultants? For example, if the team includes
an Indian Owned Civil Engineering firm who
will perform part of the Scope of Work, would
that qualify toward satisfying the 51%
requirement?
17. What impact to the selection process would
there be if one of our reference’s for the
questionnaire ends up being on the selection
committee? Would that person still partake in
the review of that proposal? Would they have
to abstain themselves from the voting?
A list of the members of the evaluation committee
has been provided in the response to question 18.
18. Can you provide a list of members of the
selection committee so we can verify that we
have not used one in our references?
Members of the selection committee include:
Cheryl Cohenour, Ryan Holderby, Dr. Charles Grim,
Connie Davis, David Moore, WC Gernandt,
representative(s) from CNB purchasing and audit
as required. As the bid posting specifically states,
proposers are not to contact ANYONE on the
committee.