Additional Questions and Answers
September 26, 2007
Q: Regarding the redevelopment process
of Lake Berryessa, we are trying to ascertain the Bureau
of Reclamation guide lines as to what kind and size
of trees that can be cut down to accomplish the project.
A: Without full development plans, we can
not perform an environmental evaluation. Once
Reclamation awards contracts the development plans
will be evaluated within the NEPA process
and questions like this can be readily answered. Please
submit your plan accordingly. Keep in mind that
there will be some negotiations that will take place
after award to finalize and clear the development plan.
Q: How do I access the Auto
Cad files on the Prospectus website?
A: If you do not have AutoCad, navigate to the
following website and download the free AutoDesk
Design Review software.
Q: If you receive no proposals for a particular
concession area, what will Reclamation do?
A: Reclamation may consider closing the concession
area; operate it in a reduced manner without a concession
contractor as a government operation; re-advertise
the opportunity to operate a concession at that specific
location.
Q: Recently an audit was performed by Reclamation on
the current concession contractors financial documents
for the past few years. Does that audit fulfill most
of Criterion B4(a): Financial Health and History of
Meeting Financial Obligations?
A: Reclamation can not advise any offeror on the quality
of or the content of any submission until recieved
in the final proposal. The evaluation team will determine
how well any submission rates against any criterion
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Q: Please define the Cultural Resource of Lake Berryessa
as referred to in the prospectus many times.
A: Cultural Resources are considered, archeological,
historic or pre-historic remains, structures, and artifacts.
Please see excerpts from the FEIS dated
November 2005.
Archeological Resources - The first
systematic cultural resource studies in the
reservoir area were conducted prior to 1957,
during construction of Monticello Dam. During
the course of that work, 53 archeological sites
were recorded; of these, 48 were inundated
with the filling of the reservoir. Subsequent
work, including two archeological investigations
in the 1970s and 1980s, documented 29 more
sites at Lake Berryessa. Many of these sites
are partly or fully submerged during periods
of high water. The most recent surveys concluded
that many of the area’s cultural resources are buried;
therefore, in most instances, cultural resources
are identified only where the overlying ground
surface area has been eroded or disturbed. Documented
archeological sites at the reservoir consist of
isolated artifacts, artifact scatters, artifact
concentrations, campsites and large village sites.
The large village sites were located adjacent to
the major drainages and are now well below low-water
levels. No documented sites are listed on or potentially
eligible for listing on the National Register of
Historic Places. More...
- Historical Resources - Rancho Las Putas,
located on Putah Creek and covering most of Berryessa
Valley, was originally a Mexican
land grant consisting of eight square
leagues. Mexican Governor Micheltorean
granted the 35,515.82-acre parcel to Jose
and Sixto (Sisto) Berryessa in 1843. The
grant was confirmed by the United States
Supreme Court in 1855, after California
became part of this country. By 1866, Rancho
Las Putas was being subdivided for settlement
and development. That same year, the town
of Monticello was laid out within the boundaries
of the former rancho. By 1867, a hotel
and store were in operation there and the
whole valley was taken up by new settlers.
No historical remains related to these developments
and located on Reclamation-administered lands
surrounding the reservoir are listed or
eligible for listing on the National Register
of Historic Places. More...
Q: Please refer to Part
5 Principal Factor 4 - Attachment
No. 2 - the form titled: ACQUISITION
AND START-UP COST "Initial Improvements" please
define Initial. First week? First
year? The redevelopment process?
A: Initial improvements are those improvements
that are necessary for the operation to provide
the required and authorized services as demonstrated
in the proposal package. For example, if
your proposal package shows the replacement of
certain assets which are necessary for the required
services, then this would be part of the initial
improvements and should be completed in a timely
manor. The specific time frame is hard to
define in the proposal as Reclamation is not currently
aware of what services adjustments you might propose. Some
improvements could be done in a matter of weeks
while other could take months
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Q: Principal Factor 3 - Business Structure
B3 (a) does not address a Limited Liability
Company (LLC) entity. The Information requested
is either for a corporation, partnerships or joint
ventures. As an example LLC’s do incorporate
and do not have Articles of Incorporation. Can
an offeror change the verbiage that addresses an
offering by an LLC without the proposal being
viewed as non-responsive?
A: Yes, an Offeror should provide
the appropriate description of their Business
Structure if it does not fit within the descriptions
provided.
Q: The RFP requires a format that uses 1)
number of covers sold by meal period and 2) avg
check per cover by meal period. How
does the Bureau want this information presented? Would
you all like us to break this up into breakfasts,
lunches and dinners sold per year? Or is
there another way we should be doing this.
A: A meal period refers to Breakfast, Lunch, or
Dinner. Offerors could present this
data in whichever way they feel best serves
their own needs. For Reclamation, it
is a factor of the overall feasibility and designed
to help determine if an Offeror is logically
and realistically doing business projections. Reclamation could evaluate
the data if an Offeror said 100,000 covers
per year at $20 each(avg.) but might
be somewhat better if displayed as 25,000
breakfast covers @ $11, 40,000 lunches at
$16, and 35,000dinners @ $32. An Offeror may
propose a facility where they do not intend
to offer breakfast or one in which lunch and dinner
are all the same and could be expressed as 'Lunch/Dinner. There
is some flexibility in how an Offeror may present
this information, please use your best judgement.
Q: When new construction takes place within
the concession area will the construction
contractor be working for the Bureau of Reclamation?
A: No, the incoming concession contractor
will be responsible for all construction contracts and
construction activities authorized and approved
by Reclamation. The construction contractors
will work for the new concession contractor.
Q: Is there a Bureau of Reclamation standard
set of specifications?
A: Reclamation utilizes industry standard
specifications. All construction activities
are required to meet local, state and Federal
codes. Prior to construction, all plans
and specs must be approved by Reclamation.
Q: What is the current retail pricing method
used by Reclamation to direct concessioners on
retail merchandise pricing? Would you please provide
whatever guidelines that are in use currently?
A: Currently retail pricing is being monitored
by Reclamation in the existing contracts. Reclamation
intends to utilize the Concession Guidelines to
develop pricing methods in future contracts.
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Q: Will the same retail pricing method
be used going forward or what is Reclamations plan.
A: Please see Chapter 7
of the Concession Guidelines available on the Prospectus
website or directly at this
link. For those parties familiar with the NPS
rate approval approach, this is nearly identical.
Q: What pricing approach is used by Reclamation
Lakewide with regards to pricing (e.g. flat $ per
gallon, mark-on/up % per gallon)?
A: Please see previous answer.
Q: We understand that if a successful
offeror has decided not to retain the existing
boat slips, the appraised value would not have
to be paid. Is this correct?
A: Yes. Unless Reclamation
directs the existing concession contractor to not
remove the existing boat slips.
Q: If a successful offeror plans to
replace all existing slips, how long could the
existing slips be retained in order to maintain
service? We anticipate that it would take
2 years to remove the existing slips in an orderly
fashion and replace them with a quality product.
A: Offerors should describe in their
proposal how and when they proposed to replace
existing slips. Assuming Reclamation would
allow the existing slips to remain for a short
time (2 years as identified in this question),
the replacement time frame of 2 years is probably
not excessive, as long as the existing slips are
maintained in satisfactory condition and there
is a firm replacement date.
This prospectus does not propose to
limit the ability of a new incoming concession
contractor from negotiating property transfer with
an outgoing concession contractor. For
example, a successful offeror may specify what
facilities they would like to go into the new contract
and if Reclamation agrees will direct the existing
contractor to not remove those facilities. The
new contractor must then pay the appraised value
to the existing contractor for those facilities. Additionally,
that same offeror may propose an arrangement with
the outgoing contractor that allows the short-term
use of certain facilities (slips in this example)
while they begin re-development and until such
time as new docks can be placed. Such a proposal
could be as simple as agreeing to take on the responsibility
of eventual removal, a rental rate, or a percentage
of the revenue derived from their use for the period
of time the slips remain. This arrangement
would be made by willing participants. In
such a case Reclamation could direct
the willing parties to treat the slips
as though they were personal property
and would not be a part of the compensation
determination.
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Q: Concession revenues available in the near
term will be substantially less than existing revenues
due to the removal of all long term trailer sites. The
entire cost of maintaining and operating treatment
facilities will then fall on a much smaller revenue
base. Much of the existing infrastructure
will not be needed (for example roads and utility
distribution to trailer sites. Due to the
age and condition of the water and effluent treatment
systems, they will have to be eventually replaced. Almost
all above ground power, water and sewer will have
to be replaced in the near term (from immediately
to a maximum of two years) and all in-ground power,
water and sewer is likely to be replaced (and expanded)
over 5 to 7 years. There is no economic viability
to purchase existing power, water and sewer infrastructure
when the cost of removal, at a later date, will
be a significant cost in itself. Our determination
is that the cost of purchasing water, sewer and
power systems (that will be completely replaced
at a future date) is prohibitive. Therefore
the question is: Can a new concessionaire
use the above described infrastructure without
a cost element?
A: No. In your example, the existing
infrastructure is the property of the current concessionaires. If
a new concessionaire wants to utilize the infrastructure,
they have 3 choices that have varying levels of
risk.
Reclamation may direct that certain
permanent facilities not be removed and must be
purchased at the appraised fair value from the
existing contractor by the successful offeror. The
facilities then become the property of the
incoming concession contractor and are managed,
maintained or replaced according to the concession
contract.
- The successful offeror may identify those facilities
it wishes to use under the new contracts, if
Reclamation agrees and approves those facilities,
Reclamation will direct the existing contractor
to not remove them and the new concession contractor
must purchase them at the identified appraised
value. If
this option is selected then the facilities
become the property of the incoming concession
contractor and are managed, maintained or replaced
according to the concession contract.
- Indicate no interest in any type of purchase
but indicate they would use it initially if
it remains and then be responsible for the
removal and thereby remove that responsibility
from the existing contractor. Similar
to the previous answer regarding boat slips, the
offeror may propose an arrangement with the outgoing
contractor that allows the short-term use of certain
facilities while they begin re-development and
until such time as the facilities can be replaced,
provided Reclamation has not directed the existing
contractor to remove those facilities. Such
a proposal could be as simple as agreeing to take
on the responsibility of eventual removal, a rental
rate, or a percentage of the revenue derived from
their use for the period of time the property remains. This
arrangement would be made by willing participants. In
such a case Reclamation would not direct the
existing concession contractor to remove the
property and would treat the exchange as though
it was personal property and would not be a
part of the compensation determination.
Q: Can you please answer the following questions
from Part 6 of the Operation Plan Titled MARINA
SERVICES?
“All boats must meet U.S. Coast Guard
(USCG), Federal, and State regulations
regarding sanitation.”
I agree with this statement but how are
we to enforce this? Are we to inspect
every boat that launches? If so will the
Bureau of Reclamation be doing the same at the
free launch ramp?
“Vessel 26 feet long and longer carrying
seven passengers of more must have a minimum
crew of one certified operator and one
deck hand”
Is this for commercial boats or all
boats? If
it is for all boats is how is this to be enforced? Will
the Bureau of Reclamation be enforcing
this at the free launch ramp?
“A service boat with towing capacity
will be on call 24 hours a day during the
season for mechanical emergency problems……”
Is this required if there are no boat
rentals? Can
there be a charge for this service?
A: Please review the following
wording in the TEXT BOX that precedes this section
of the prospectus on Operating Plans (PART 6 Exhibit
G):
Introduction to Operating
Plan for this Prospectus - The
following Draft Operating Plan is provided
to serve as a guide/template for bidders
to utilize in preparing an Operating
Plan that addresses their unique proposal. There
may be parts of this Operating Plan
that bidders do not believe fit their
proposal or there may be additional
factors that bidders believe need to
be added to properly address their
proposal. In either instance
bidders can adapt this format to meet
their anticipated needs. All
bidders do need to be aware however,
that Reclamation retains the right
to make changes to any eventual final
Operating Plan proposed by any successful
bidder(s). |
This ‘Introduction’ makes it clear that
the section of the prospectus on Operating Plans
does not apply in all instances. Furthermore
if Reclamation believes that there are areas not
properly addressed they will make changes before
executing any final contract as per the last sentence
in the text box.
Since it is under the section titled
MARINA SERVICVES and is a part of the Operating
Plan for Concession Operations the references here,
unless otherwise obvious, only apply to rental
craft. If you
are not proposing any services that apply to some
of these particular requirements then those requirements
will not apply. If you permit some rental
boats to be out overnight, including houseboats,
then yes you will need the availability of someone
to function as a service boat in case of a breakdown. This
does not mean that a particular person has to be
on duty being paid for all those 24 hours but someone
qualified would need to be available to go on duty
to provide assistance if contacted. Yes you
can charge for this service unless the nature of
the problem is because a rental boat has maintenance
problems that are not specifically attributable
to inappropriate operations or other failures of
the renter. This is a reasonable
part of supporting your business operation
with the public.
The Operating and Maintenance
plans and other attachments to a specific
concessionaire’s contract do
not necessarily apply at other commercial
or public locations unless there is some
reason to also identify and enforce them. Since
no business is being conducted at the free
launch areas contractual requirements of
the concessionaires do not apply.
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