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1. |
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The RFP
states “A lease of the Department’s
rights-of-way shall be for a
specified term to be negotiated as
part of the Lease Agreement(s), up
to the maximum term permitted by
applicable law”. Can you advise what
is the maximum term permitted by
the law? |
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Response: Please see
Section 337.251, Florida Statutes. |
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2. |
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What is the
minimum lease the proposer has to
pay for the duration between the
start of lease and start of toll
roadway to FDOT? |
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Response: The Proposer
should include its proposal for
lease payments in its proposal
submittal. |
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3. |
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Has
International Infrastructure
Partners, LLC submitted anything
beyond this 4 page letter? I was
wondering if they have submitted an
actual proposal, or, is it just the
letter they have submitted thus far?
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Response: To date, the
Department has only received the 4
page Letter. |
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4. |
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If
available, would it be possible to
receive a copy of the 2008 HDR
Traffic Analysis Report referenced
in the 2009 Final Preliminary
Engineering Report for State Road 54
from West of SR 589 (Suncoast
Parkway) to West of SR 45 (US 41)?
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Response: These files are
now available for download in the
Addendum directory on the FDOT FTP
Server at:
ftp://ftp.dot.state.fl.us/fdot/CO/Procurement/Information_Requests/SR%2054_56%20Pasco%20County/ |
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5. |
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Can you
please confirm that no feasibility
study, preliminary engineering study
or PD&E study has been performed for
this corridor /the toll road project
described in the RFP? On the other
hand, if any study has been
performed by the Department or any
other entity (county, turnpike etc)
, could you please provide us with a
copy of the same? |
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Response: There are no
feasibility, engineering or PD&E
studies for a toll road project
along this corridor. Available PD&E
studies for this corridor have been
provided on the FDOT FTP Server at:
ftp://ftp.dot.state.fl.us/fdot/CO/Procurement/Information_Requests/SR%2054_56%20Pasco%20County/ |
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6. |
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Could you
please make available any traffic
data (traffic counts, speeds) FDOT
may have on the corridor? |
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Response: These files are
now available for download in the
Addendum directory on the FDOT FTP
Server at:
ftp://ftp.dot.state.fl.us/fdot/CO/Procurement/Information_Requests/SR%2054_56%20Pasco%20County/ |
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7. |
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We have
observed that FDOT is planning
several projects along the SR 54 /SR
56 corridor (mainly projects #
416561-2, 256339-2, 430898-1 and
429028-1); would FDOT still plan on
delivering these projects or would
they be canceled if the toll road
project moves ahead? |
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Response: The Department
will be open to discussions
regarding planned projects along the
SR 54/56 corridor with the Selected
Proposer. |
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8. |
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Could you
provide updated information of this
corridor like location of utilities
and other restraints within the
corridor. |
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Response: Other than the
as-built plans that have been
provided, the Department has no
further utility information. |
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9. |
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Would it be
possible to organize a meeting next
week with the Florida DOT to discuss
the Project and gain a better
understanding of the Department’s
vision and objectives for the
Project? |
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Response: The Department
will not be holding separate
meetings to discuss the Project. |
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10/1/2013
Number 2: FDOT Responses to RFP
Questions For Leasing of FDOT Rights-of-Way For Toll Facility: |
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1. |
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Please
confirm whether it is FDOT’s
understanding that the project will
be subject to federal or state
environmental review (including
NEPA). Also, please confirm that, to
the extent a NEPA approval is
needed, the Department intends to
carry out its responsibilities as
lead state agency under NEPA in
connection with this project, with
the support of the applicable
Proposer as authorized under
applicable law and as negotiated
under the Lease Agreement. |
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Response: Assuming the
project is privately funded, NEPA
approval may still be required since
this project is tied to I-75. It
will depend on the proposed
interchange
configuration/connections. The
Department is unable to make a
determination until we receive more
detailed information on a proposed
concept. If NEPA approval is
required, only the Department or the
County is the acceptable entity to
submit the environmental document. |
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2. |
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Based on
Addendum No. 1, we understand that
the environmental review process for
the project has not commenced. If
the project is subject to the
typical environmental review
process, we note that such process
would most likely not be completed
until well after 90 calendar days
from the date of award of the
project and Proposers would not be
able to obtain financing for the
project without the environmental
review process being substantially
completed. As such, it is unlikely
that Proposers will be able to
commit to a fixed term and fixed
lease payments in the Lease
Agreement within such 90-day period.
Could the Department please clarify
its approach to the contractual
structure contemplated for the
project in light of the foregoing?
Response: The
Department intends to enter into a
lease agreement within 90 days
subsequent to award of the project,
regardless of whether environmental
review is required. |
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3. |
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Please
clarify what “lease terms” FDOT
expects the Proposer to include. Is
FDOT looking for a term sheet of
terms and conditions that the
Proposer would expect to be included
in the Lease Agreement (in addition
to those outlined in Section 1.16)?
Response: Yes, the
Department expects proposers to
provide their expected terms and
conditions, including but not
limited to, the term of the
agreement, lease payment structure,
any required conditions by the
proposers, and those items in
Section 1.16. Proposed terms will be
considered in evaluation of
proposals, but will not be binding
on the Department unless
incorporated in a written lease
executed by the selected proposer
and the Department.
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4. |
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Section
1.13.2(b)(2)(a) and (b) require
Proposers to identify in their
proposals the proposed consideration
they will provide to FDOT for the
lease of the rights-of-way and the
proposed term of the Lease
Agreement, respectively. However,
the RFP states elsewhere that the
lease payments and Lease Agreement
term will be negotiated as part of
the Lease Agreement (See Sections
1.1, 1.2 and 1.13.2(b)(1)). As such,
it is unclear what FDOT would like
Proposers to include in their
proposals in respect of these two
requirements.
With respect to proposed lease
payments, please clarify whether
FDOT is looking for Proposers to
include hard numbers (such as a
table detailing the actual lease
payments expected to be made to FDOT
over the term of the lease) or is a
more general explanation of the
Proposer’s approach to determining
and structuring such lease payments
acceptable?
Similarly, with respect to the term
of the lease, please clarify whether
FDOT is looking for Proposers to
include a set lease term or is a
more general explanation of the
Proposer’s approach to determining
the lease term acceptable?
Response: The
Department expects proposers to
provide their proposed lease
payments and lease term. |
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5. |
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Section
1.13.2(b)(1) states that “the
Proposer shall demonstrate its
ability to meet the financial
requirements of the allowed use of
the rights-of-way including the
lease payments that will be
negotiated as part of the Lease
Agreement”.
As noted above, given that it will
be difficult for Proposers to
provide set numbers in respect of
lease payments at this stage and
that we understand that lease
payments are subject to negotiation
after award of the project in any
event (as per Sections 1.2 and
1.13.2(b)(1)), please confirm our
understanding that the Department is
not expecting actual numbers in
response to this requirement, but
rather a description of the
Proposer’s approach and experience
in structuring and developing
privately-financed toll road
projects.
Response: The
Department expects proposers to
provide their proposed lease
payments and approach and experience
in structuring and developing
privately financed toll road
projects. |
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6. |
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Section
1.11.1 requires that Proposers
represent that they “understand and
accept the terms and conditions to
be met and the character, quality
and scope of services to be
provided”.
Given the very limited nature of the
information available in respect of
the project, the lack of definition
of the project and the fact that the
“terms and conditions to be met”
will be negotiated as part of the
Lease Agreement, it is impossible
for Proposers to make this
representation. As such, we
respectfully request that the
Department delete the first sentence
of Section 1.11.1 or specify in
detail what is meant by the terms
and conditions to be met and the
character, quality and scope of
services to be provided.
Response: The
Department expects proposers to
represent their understanding only
to the terms and conditions that are
contained in the RFP. |
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7. |
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Clarification to RFP
Section 1.16 paragraph.(e) Should
read as follows
"(e) Should construction on the toll
road not commence within three (3)
years from the execution of the
Lease Agreement or not be completed
within ten (10) years from the
execution of the Lease Agreement,
the Department may unilaterally
terminate its’ Lease Agreement.
Additionally, once the toll facility
is completed and open to the public,
should the Proposer fail to operate
and maintain the toll facility for a
period longer than twelve (12)
consecutive months, the Department
may unilaterally terminate its’
Lease Agreement."
Does the 3year and 10 year periods
run consecutively or succinctly?
Response: The
time periods run from the date of
execution, so they run concurrently. |
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Questions
regarding the RFP must be directed
to
row.lease@dot.state.fl.us. |
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