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RFEI I-270 PPP Final [31kb]

Maryland’s I-270 Multi-Modal Corridor
Request for Expressions of Interest
RFEI-I-270-2006

Public-Private Partnership for Improvements to Maryland’s I-270 Multi-Modal Corridor Including the Finance, Design, Construction, Operation and Maintenance of Transit Facilities and Managed Highway Lanes to Ease Congestion

Request For Expressions of Interest

I) General Information

A) Background

The Governor’s Vision. The Governor has provided his Vision for a More Mobile Maryland. That vision includes transit and roadway solutions that can provide reliable travel conditions and help ease the burden of congestion in the State’s most heavily traveled corridors. To carry out that vision, Maryland’s transportation agencies have embarked on project planning and feasibility studies to advance many needed projects across the State, including provision of expanded transit facilities and services and the development of an Express Toll Lanes (ETL) network that will provide guaranteed minimum levels of service and reliable trip conditions along several of the state’s most congested corridors.

The Maryland State Highway Administration (SHA), the Maryland Transit Administration (MTA), and the Maryland Transportation Authority (the Authority) are soliciting expressions of interest in developing and entering into a public-private partnership (PPP or P3) to finance, design, construct, operate and maintain transit and managed-lane highway facilities serving the I-270 multi-modal corridor in Maryland (see corridor definition in subsection B below).

Currently, highways in the State are owned and operated by the SHA, the Authority, and local governments. The SHA owns, operates and maintains all major US and state highways in the State including those serving the I-270 multi-modal corridor. State law empowers the Authority to establish all tolls in the State. The Authority owns, operates and maintains all existing toll facilities in the State. Therefore, any initiative involving toll collection in the Corridor will require a cooperative effort between the two agencies. The MTA provides and supports accessible transit networks throughout Maryland, and transit services in the corridor would be sponsored and coordinated by the MTA.

These State agencies seek expressions of interest in partnering to deliver all or a portion of the desired improvements in the I-270 multi-modal corridor. Based on the level and form of interest received, the State contemplates solicitation for a public-private partnership for all or some combination of the following: finance, design, construct, operate and maintain these improvements.

Of particular interest to the State are the following issues:

1. The merit of using a P3 to implement transit improvements and managed lanes along all or selected segments of the Corridor. Public transit vehicles are envisioned to use the managed lanes in addition to operating on a separate transitway. The purpose of the managed lanes is to provide designated free-flowing traffic lanes along congested routes.
2. The feasibility of and strategy for using a P3 on a multi-modal set of projects where the farebox and toll recovery may not fully cover the project capital costs.
3. The feasibility of expecting a private partner to make a significant financial contribution to project development, construction, operation, and maintenance through equity participation, value capture, or other means.
4. The degree of consensus among potential partners regarding the most attractive framework for undertaking a P3 approach to Corridor development.

B) Potential Project

For purposes of this Request/RFEI, the I-270 multi-modal corridor consists of Interstate Highway I-270 from its interchange with I-70 on the north to its interchange with I-495 (the Capital Beltway) on the south, including an adjacent Transitway, the I-270 West Spur, and the western segment of the I-495 Capital Beltway to the Virginia State Line at the American Legion Bridge. The I-270 multi-modal corridor is made up of several distinct sub-segments, including:

1. The Corridor Cities Transitway, supporting bus or light rail service along or near I-270 from the Shady Grove Metrorail Station northward to just south of Clarksburg (approximately 14 miles)
2. I-270, between its interchange with I-70 on the north and the I-370 interchange in Gaithersburg (approximately 23 miles)
3. I-270, from the I-370 interchange south along its West Spur to I-495 the Capital Beltway (approximately 8.5 miles)
4. I-495, the Capital Beltway, from the I-270 West Spur interchange across the American Legion Bridge to the Virginia State line (approximately 4 miles)

Respondents should be aware that Federal-aid highway funds have been used in the construction of existing highway facilities on the I-270 multi-modal corridor, including Interstate Maintenance funds used on most of I-270 and CMAQ funds used on the West Spur of I-270 only.

C) Purpose of this request

This solicitation seeks expressions of interest from private firms and groups of firms toward partnering with Maryland transportation agencies to determine the following:

1. Interest in private sector participation in P3s to provide more effective transit and highway services in the I-270 multi-modal corridor;
2. Interest and perspective on the activities within the project planning and development process in which a partnership with the private sector appears most appropriate (e.g., finance, planning, design, construction, operation and maintenance);
3. The manner in which the P3 partner would prefer to interact with the current SHA, MTA and Authority project development processes (e.g., contribute to alternatives under study or await final environmental clearances);
4. The specific distribution of project risks and responsibilities between the public agencies and the private sector partner that would be of highest interest;
5. The financing approach or approaches that the P3 partner would use and potential return hurdles that would need to be met to attract interest;
6. The obstacles to engaging a P3 partner for development of the I-270 multi-modal corridor that may deter respondent interest.

The responses to this RFEI will be used to assist the Maryland agencies in building public sector consensus and making decisions regarding potential solicitation of a partner to advance corridor improvements. In the event that satisfactory expressions of interest for this project are received, the State contemplates initiating a procurement to select a private partner (or team of partners) to undertake I-270 multi-modal corridor development.

The procurement process contemplated would use Maryland’s competitive sealed proposals (best-value) procurement method and a two-phase selection process, including a Request for Qualifications (RFQ) and a more detailed Request for Proposals (RFP) if and when issued.

Maryland’s transportation agencies will require P3 partners who demonstrate consistency with the State’s goals regarding use of Maryland-based labor and MBE participation.

D) Disclaimer

The issuing agencies do not intend to award a contract on the basis of this solicitation or to otherwise pay for the expressions of interest solicited. Although the terms "proposal" and "offeror" are used in this Request for Expressions of Interest (RFEI), responses are for agency information only. Responses will not be treated as a proposal to provide services. Submission of a Response will in no way effect eligibility to respond to future solicitations for the potential development of a P3 for transit and highway facilities design, construction, finance, maintenance or operations on the I-270 multi-modal corridor.

 

II) Corridor Status and Information

i) Status of Project Planning and Studies

Maryland transportation agency study efforts are at various stages for these transit services and “value-priced” managed lanes in the I-270 Multi-Modal Corridor.

The I-270/US 15 Multi-Modal Corridor Study is a jointly-sponsored effort by the MTA and SHA to investigate options to address congestion, increase mobility and improve safety conditions from Shady Grove Road to US15/Biggs Ford Road intersection in Frederick County (approximately 30 miles). The Project Team completed the Draft Environmental Impact Statement (DEIS) in 2002, which described five alternates combining transit and highway improvements and their environmental implications.

The transit portion of the study consists of the Corridor Cities Transitway (CCT), which extends from the Shady Grove Metro Station to the COMSAT facility just south of Clarksburg, and is designed for a Bus Rapid Transit (BRT) or Light Rail Transit (LRT) mode. Much of the right-of-way for the CCT is under public control or has otherwise been preserved. The highway improvements under consideration in the DEIS included interchange upgrades and addition of general-purpose lanes (GPL) and High Occupancy Vehicles (HOV) lanes. In 2004, the Maryland Statewide Express Toll Lanes (ETL) Network Initiative introduced a different alternative for the study; changing the proposed HOV into barrier-separated ETL. The variable-priced lanes would serve automobile, truck and bus traffic using barrier-free tolling. The ETL alternatives will be presented in the Environmental Assessment (EA) Document, which is currently being prepared. The impacts for these new alternatives will be documented in the EA and will be incorporated in the Final Environmental Impact Statement (FEIS).

The West Side Mobility Study, part of the Capital Beltway Study, looks at lane continuity and traffic operations along the Beltway and sections of I-270. The project team is developing and analyzing preliminary concepts but only as a feasibility study; therefore no NEPA study is currently being conducted. For the purposes of this RFEI, the relevance of the Capital Beltway Study is limited to the segments of I-495 from the American Legion Bridge, along the I-270 West Spur, and along I-270 to the I-370 interchange.

I-270 ETL Feasibility Study focuses on potential ETL implementation on both spurs of the I-270 split from I-495 all the way north to I-370, connecting with the I-270/US 15 Multi-Modal Corridor Study. The West Spur of I-270 and I-270 from the split to I-370 fall under both feasibility studies. As a feasibility study, the project is not currently scoped to develop detailed designs or to conduct the NEPA study.

ii) Availability of Summary Information

To assist the Offerors in responding to potential project, the State will make available certain prior information including the DEIS for the I-270/US 15 Multi-Modal Corridor Study project. Information on this Corridor’s set of projects will be posted on the MDOT website under a project-specific link at www.i-270corridorp3.com. Information on other agency projects as well as recent traffic data and information on the Maryland transportation system can be found at the following agency websites.

MDOT	www.mdot.state.md.us
SHA	www.sha.state.md.us
Authority	www.mdtransportationauthority.com
MTA	www.mtamaryland.com

The DEIS for the I-270/US 15 Multi-Modal Corridor Study, supplemented by other segment data provided, contains engineering and background information that can be used to determine respondent interest in the overall I-270 multi-modal corridor as a P3 project.

 

III) Expression of Interest Requested

The Offeror shall submit a narrative responding separately to each of the questions listed below in this Section. The narrative response to all questions in this section is expected to comprise about fifteen (15) pages.

i) Questions

1. What information would your P3 team need in order to prepare a specific proposal in response to the anticipated solicitation? Should the State agencies, the respondent, or others provide that information?
2. What form and scope of partnership would be of highest interest to you as responder? How does the composition of your team influence your interests?
3. What segments and elements of the I-270 multi-modal corridor facilities development are of most interest, e.g., sub-segments of I-270, ETLs only, transit, construction, other?
4. Describe the kind or type of roles and responsibilities (such as finance or operations) in Corridor development that would be most attractive to your team within a P3. Describe the general contributions that your P3 team could be expected to make in that role and how that would benefit the public sector participants. In particular, note how your P3 Team would address the following issues: consensus building among stakeholders, customer service surveys, marketing and educational outreach, assure functionality of the facilities for auto and transit users, and encourage safety performance?
5. What financial contribution and equity participation would your team contemplate? How and to what extent would your financial plan rely on the following: (a) the dedication of Corridor ETL toll collections; (b) the dedication of Corridor transit revenues; (c) support from Maryland transportation agencies (e.g., MDOT Transportation Trust Fund, SAFETEA-LU funds, or Authority system bonding; (d) other non-toll sources; (e) a specific time span and rate of return for the partnering financial agreement? In particular, would you continue to be interested if Corridor ETL toll revenues are not expected to cover all capital costs for ETL construction and operation?
6. Is the State’s competitive sealed proposals (best-value) procurement method the most appropriate way to select private partners, or should the state consider a different approach to solicitation that would enhance your interest?
7. What other issues do you consider important to the establishment of and your participation in a successful P3 that would best meet the goals of the State?

IV) Response to the RFEI

A) Response Format

Submissions shall be prepared simply and economically and shall provide a clear description of the Offeror’s Response to the information request. Oral or facsimile submissions will not be accepted. The Offeror’s Response may be submitted in electronic format (by email or CD), but at least one (1) paper copy, which must be unbound and ready for easy reproduction, should follow within two working days of submittal of the electronic version.

The Response submitted shall include:

1. Contact information
   All submissions must include the Offerer’s contact information including vendor name, contact name and title, mailing address, phone number, and electronic mail address of the person or persons to contact for additional information.
2. Response to Questions in Section III
   The narrative response to all questions in Section III detailing Offeror’s interest.
3. Other Response Material Indicative of Interest

Offeror’s Response may include other material indicative of Offeror’s interest in partnering with the State for I-270 Corridor development, but the overall response shall not total more than twenty-five (25) pages, inclusive of response to the Section III Questions.

B) Administrative Information

1. Issuing Office Procurement Officer
   
   The sole point of contact for this RFEI is the Procurement Officer at the following Issuing Office:
Robert Gay Maryland State Highway Administration Office of Procurement & Contracts 707 N. Calvert Street, C-405, Baltimore, MD 21202 Phone: (410) 545-0430 Fax: (410) 209-5005
Email (project-specific):


2. Pre-submission Conference
   
   A pre-submission conference will be held on November 21, 2006, at 10:00 am at the Maryland Department of Transportation, Headquarters Building, 7201 Corporate Center, Hanover, Maryland, 21076. All interested Offerors are encouraged to attend the pre-submission conference to gain an optimal understanding of the RFEI. If your firm plans to attend, please notify the Procurement Officer at least 48 hours before the conference.
   


3. Questions and Inquiries
   
   The Procurement Officer will accept written questions from prospective Offerors regarding the RFEI. Questions must be submitted by e-mail to the Procurement Officer at his project-specific e-mail address (shown above in section B(i)). Questions will not be accepted by phone. Questions must be from Offeror’s primary or secondary contact, and must include the requestor’s name, e-mail address, and the Proposer represented.
   
   The submission deadline for written inquiries is December 5, 2006. All responses shall be in writing and will be disseminated only by posting (sequentially) on the project information website at
   
   www.i-270corridorp3.com . Responses to questions will not be mailed out. The last response will be posted not later than seven (7) days prior to the RFEI due date.
   
   Oral questions will be accepted from Offerors during the pre-submission conference. As practical and appropriate, these questions will be answered at the pre-submission conference. Any post-conference questions should be promptly submitted in writing to the Procurement Officer.
   
   Regarding questions not received in a timely manner, the Procurement Officer will decide, based on the amount of research needed to answer the question, whether an answer can be given before the proposal due date.
   
   


4. Submission Deadline
   
   To be assured of consideration, Expressions of Interest must be received by the Procurement Officer no later than 4:00 p.m. on December 19, 2006. Electronic mail submissions will be accepted. At the State’s discretion, responses to the RFEI received after that date may be considered.
   


5. Addenda and Revisions to RFEI
   
   In the event that Offerors must make an adequate interpretation of the provisions of this RFEI, or if any substantive issues require change or clarification, any addendum to the RFEI will be sent to each known Offeror. Offerors should acknowledge receipt of all addenda in the transmittal letter of their Response.
   


6. Confidential and Proprietary Information
   
   The Offeror should identify those portions of its Response that it deems to be confidential, proprietary information, or trade secrets, and should provide any justification as to why such materials, upon request, should not be disclosed by the State under the Maryland Public Information Act, Section 10-611 et seq., of the State Government Article, Annotated Code of Maryland. A blanket statement that the entire proposal is confidential is not acceptable.



7. Oral Presentations
   
   The State may seek to engage in follow-up discussions with any or all Offerors. The Procurement Officer will arrange with Offerors for the time, date and location of the discussions. Submission of a Response does not guarantee the opportunity to participate in the discussions.
   


8. Incurred Expenses
   
   The State will not be responsible for any costs incurred by Offerors related to preparing and submitting a response to this RFEI, attending oral presentations, or for any other associated costs.

C) Minority Business Enterprise Participation

The State of Maryland encourages Minority Business Enterprises (MBE) to participate in all contracts. The sponsoring Maryland transportation agencies hereby notify all Offerors that in regard to any contract entered into subsequent to this RFEI, MBEs will not be subject to discrimination on the basis of race, color, sex or national origin in consideration for an award. MBEs are encouraged to respond directly to this RFEI.

D) Glossary of Abbreviations

BRT	Bus Rapid Transit
CCT	Corridor Cities Transitway
DEIS	Draft Environmental Impact Statement
EA	Environmental Assessment
ETL	Express Toll Lanes
FEIS	Final Environmental Impact Statement
GPL	General Purpose Lanes
HOV	High-Occupancy Vehicle
LRT	Light Rail Transit
MBE	Minority Business Enterprise
MDOT	Maryland Department of Transportation
The Authority	Maryland Transportation Authority
MTA	Maryland Transit Administration
NEPA	National Environmental Policy Act
PPP or P3	Public-Private Partnership
RFEI	Request for Expression of Interest
SHA	State Highway Administration
TBD	To Be Determined

E) Anticipated Schedule of Activities

Activity	Date
RFEI Published	October 11, 2006
Pre-submission Conference	November 21, 2006
Cut-off for Questions	December 5, 2006
Deadline for Submittals	December 19, 2006
Review Team Meets	TBD
Oral Presentations	As needed
Team Makes Recommendations	TBD
RFP-Step 1 Issued	TBD
Project Study Schedules
I-270/US 15 Multi-Modal Study: Environmental Assessment	May 2007
Agency Completion of FEIS	August 2008
I-495 West Side Mobility Study: Develop Preliminary Concepts	Winter 2006/07
Receive Logical Termini	Spring/Summer 2007
I-270 from I-370 to I-495 (ETL) Complete Feasibility Study	Fall 2006
NEPA Study	TBD