MassDOT Service Plazas - Responses to Proposer Questions 3.11.25.pdf

Proposer Questions and Answers Dates Received: February 14 through March 3, 2025

Question Number

Date Submitted

RFP

Reference

Proposer Question MassDOT Response

93 02/14/25 Supplier Diversity Program Finacial Commitment Requirement 1.6.2

Is the SDP requirement over the life of the contract (rent)? How does MassDOT define "contract sales" as referenced in Section 1.6.2? Does it include revenue generated from all aspects of Service Plaza operations (e.g., retail, food service, EV charging) or only specific categories of work or services directly tied to the contract? Does the Supplier Diversity Program apply to the work completed in connection with construction and revitalization program?

See Addendum Number 3.

94 02/14/25 Attachment B, B3.2 (E)

"Description (with client names) of value of contracts awarded within the past year or currently under construction or expected to be under construction within 12 months"

Can you provide examples of the types of contracts that MassDOT considers relevant for this list (e.g., construction, maintenance, operations, or service agreements)? Is there a minimum dollar value or scale for the contracts to be included on the list? For instance, should we only include contracts exceeding a certain value (e.g., $1M or $10M)?

Proposers should include any contract, or programs of contracts, over $10 million in total value which includes services similar to those outlined in the Lease and Concessions Agreement. Contracts that may impact the credit profile of the Proposer should be included and noted as such.

A clarifying change will be made in a future addendum.

MassDOT Bid No. BD-25-1030-CP01-CP01-107836 Service Plaza Operator 1

Responses to Proposer Questions Questions received: 2/14/25 - 3/3/25

Responses issed: March 11, 2025

Question Number

Date Submitted

RFP

Reference

Proposer Question MassDOT Response

95 02/14/25 Attachment B, B3.2 (F)

A list of the top ten clients by value, the contract values, start and end dates, thebonding capacity that is being utilized for these contracts (and for all current work), and the total bonding capacity to be added.

Can you provide examples of the types of contracts that MassDOT considers relevant for this list (e.g., construction, maintenance, operations, or service agreements)? Is there a minimum dollar value or scale for the contracts to be included on the list? For instance, should we only include contracts exceeding a certain value (e.g., $1M or $10M)?

Proposers should include any contract over $10 million in total value which includes services similar to those outlined in the Lease and Concessions Agreement. If a Proposer does not have ten contracts over $10 million, please include a list of the top ten clients by value regardless of contract size.

A clarifying change will be made in a future addendum.

96 02/14/25 Lease & Concession Agreement Section 21

To the extent required by applicable existing lease agreements, will MassDOT require the current operators to perform environmental audits of any existing environmental conditions (each an “Environmental Audit”) at each Service Plaza and provide such Environmental Audits to the selected Operator prior to the execution of the Contract Documents and the applicable Group 1 or Group 2 Transition Period (as such terms are defined in the Transition Agreement)?

See response to question number 78.

MassDOT Bid No. BD-25-1030-CP01-CP01-107836 Service Plaza Operator 2

Responses to Proposer Questions

Question Number

Date Submitted

RFP

Reference

Proposer Question MassDOT Response

97 02/14/25 Lease & Concession Agreement Section 9

Will any Environmental Audits be prepared by a qualified third-party environmental professional reasonably acceptable to MassDOT, and will such qualified third-party environmental professional be required to allow the selected Operator to rely on such Environmental Audits?

Please see foregoing responses to questions 17, 21, 39, and 78. Most of the current leases require the current tenants to perform environmental audits. See , e.g., Section 18.11 of the lease between Massachusetts Turnpike Authority and Gulf Oil Limited Partnership. Such audits are not required for the Newton, Lexington, or Plymouth Service Plazas.

MassDOT expects to make the completed reports available to Proposers in the RIDs, but does not expect to require the preparer of the environmental audits to allow the selected Operator to rely on those reports.

98 02/14/25 Lease & Concession Agreement Section 9

Will the current operators be required to remove and dispose of the Underground Storage Tank systems at any of Service Plazas under their applicable leases?

Please see foregoing responses to questions 17, 21, 39, and 78. The applicable leases do not require the current tenants to remove underground storage tanks unless such removal is otherwise required by law.

MassDOT Bid No. BD-25-1030-CP01-CP01-107836 Service Plaza Operator 3

Responses to Proposer Questions

Question Number

Date Submitted

RFP

Reference

Proposer Question MassDOT Response

99 02/14/25 Lease & Concession Agreement, Scope of Services, Section C

Will MADOT allow incoming operators to perform, at their sole cost and expense, tightness tests of all storage tanks and lines, testing and/or inspections of secondary containment, functional testing and/or inspections of the vapor recovery (Stage I) systems and hydrostatic testing of the spill containment devices (including without limitation under dispenser containment) at each applicable Service Plaza prior to the execution of the Contract Documents?

Article II, Section 2, of the Transition Agreement governs the rights and responsibilities of MassDOT and the Operator with respect to access to the Service Plazas, including on-site investigations. The existing leases with the current tenants require cooperation with any new tenant (in this case, the Operator) during the last year of the current tenancies, and to allow MassDOT access to the property for purposes of inspections.

MassDOT expects these provisions to govern the right of the Operator to perform testing on service plaza facilities during the Transition Period.

100 02/14/25 Attachment B, B7.0

Can any of the space from the Park & Ride lots in Plymouth and Barnstable be relinquished? Can a portion of the existing Park & Ride spaces at Barnstable Service Plaza be relocated to other areas within the current property lines in order to increase Service Plaza limits?

Use of any adjacent property will be subject to MassDOT approval during the Master Revitalization Plan and/or Plaza Management Plan processes. In any event, the equal amount of commuter park and ride spaces must be maintained.

MassDOT Bid No. BD-25-1030-CP01-CP01-107836 Service Plaza Operator 4

Responses to Proposer Questions

Question Number

Date Submitted

RFP

Reference

Proposer Question MassDOT Response

101 02/14/25 Lease & Concession Agreement, Scope of Services, Section 14

Do the EZ Pass Customer Service Centers at Lee, Ludlow, and Natick Service Plazas, the RMV Service Center at Natick Service Plaza, the MassDOT Call Center at Charlton East Service Plaza, and the Utility Company Building at Lee West Service Plaza contribute to Common Area Maintenance (CAM) charges at these locations? Who is responsible for maintenance within these EZ Pass/RMV/MassDOT Service Centers and Call Centers? Is it possible to relocate the Secondary Utility Company Building at Lee West Service Plaza, either onsite or offsite?

The EZ Pass and Registry of Motor Vehicles (RMV) locations will not contribute to common area maintenance costs at the locations where they are located. MassDOT will provide its own cleaning and trash removal services at the EZ Pass and RMV locations.

The “Utility Company Building” and its use at the Lee westbound Service Plaza is separate and distinct from the overall operations of the Service Plaza. The Utility Company Building is subject to existing agreements between MassDOT and a third party. To the extent the Operator seeks to relocate this Utility Building at its own expense, MassDOT will review this proposed change under the Plaza Management Plan review process.

Additionally, to the extent the Operator seeks to relocate this Utility Company Building, the Operator will be solely responsible for seeking and obtaining the utility provider’s approval to do so.

MassDOT Bid No. BD-25-1030-CP01-CP01-107836 Service Plaza Operator 5

Responses to Proposer Questions

Question Number

Date Submitted

RFP

Reference

Proposer Question MassDOT Response

102 02/14/25 Attachment B, B7.0

Are there any known restrictions on clearing additional wooded portions of any of the Service Plazas(within the current property lines)?

While there are no known restrictions pertaining to the clearing of unimproved wooded portions of the Service Plazas.

When considering any modification to any wooded portions of the Service Plazas, the Operator should consider the potential adverse impact(s) such changes could have to existing abutters or MassDOT operations. The Operator should propose mitigating actions that could be undertaken to offset adverse impacts associated with clearing wooded areas. When reviewing and approving any proposed changes to a wooded area under the Plaza Management Plan process, MassDOT will be sensitive to potential abutter related impacts, if any.

103 02/14/25 Attachment B, B6.0 Lease & Concession Agreement, Scope of Services, Section C

Who is responsible for maintaining/supplying compressed natural gas pumps at Lexington and Newton Service Plazas? Will these pumps be required to remain post-change of control? Can they be relocated or removed in their entirety?

MassDOT is reviewing the current status of the compressed natural gas (CNG) pumps and will provide additional information in the RIDs if it becomes available.

104 02/14/25 Attachment B, B3.2

Description (with client names) of value of contracts awarded within the past year or currently under construction or expected to be under construction within 12 months.

Are these material contracts that would change our credit profile?

See response to question number 94.

MassDOT Bid No. BD-25-1030-CP01-CP01-107836 Service Plaza Operator 6

Responses to Proposer Questions

Question Number

Date Submitted

RFP

Reference

Proposer Question MassDOT Response

105 02/14/25 ITP,

Procurement Process. 2.2 Schedule

When will MassDOT release the actual form of the Lease and Concession Agreement or a revised Commercial Term Sheet?

See Addendum Number 3.

106 02/14/25 Lease & Concession Agreement, Section 2

In Section 2 (Service Plazas), MassDOT reserves the right to “modify the land and improvements at any of the Service Plazas." Would those modifications be subject to Operator’s reasonable approval to the extent they are material to the Service Plaza facilities and operations? In addition, MassDOT reserves rights “with respect to the installation and operation of EV charging stations at the service plaza in accordance with the Contract Documents.” Can MassDOT clarify what rights are contemplated to be reserved with respect to the EV charging stations?

See Addendum Number 3.

107 02/14/25 Lease & Concession Agreement, Section 12

In Section 12 (Insurance), when does MassDOT intend to disclose the insurance requirements under the Lease?

See Addendum Number 3.

MassDOT Bid No. BD-25-1030-CP01-CP01-107836 Service Plaza Operator 7

Responses to Proposer Questions

Question Number

Date Submitted

RFP

Reference

Proposer Question MassDOT Response

108 02/14/25 Lease & Concession Agreement, Section 14

In Section 14 (Service Plazas Amenities), MassDOT states that “each food service vendor shall be provided during the hours of 5:00 A.M. - 12:30A.M. 7 days a week.” Can we assume that MassDOT intends to afford flexibility on hours of operation among food service vendors in light of varied menus and offerings? Will MassDOT allow for food service vendors that are closed on Sundays?

All food service vendors must operate seven days a week, as specified in the Lease. MassDOT anticipates flexibility related to the hours on a daily basis or on a Service Plaza-by-Service Plaza basis.

109 02/14/25 Lease & Concession Agreement Section 16

In Section 16 (General Operations and Maintenance of the Service Plazas, etc.), will MassDOT be providing any further criteria for the subleasing and contracting program for the Service Plazas, or will this be left to negotiation?

See Addendum Number 3.

110 02/14/25 Lease & Concession Agreement Section 17

Will MassDOT issue operation and maintenance standards?

See Addendum Number 3.

MassDOT Bid No. BD-25-1030-CP01-CP01-107836 Service Plaza Operator 8

Responses to Proposer Questions

Question Number

Date Submitted

RFP

Reference

Proposer Question MassDOT Response

111 02/20/25 ITP, Section 2.8(A)

Section 2.8(A) of the ITP currently prohibits contact with any other Proposer or any of its team members. Given that the RFP clearly contemplates (e.g. Section B5.2 of Attachment B) contact with existing operators and/or existing subtenants or contractors (and MassDOT has provided contact information), please revise Section 2.8(A) of the ITP to include a carve out for contact with any other Proposer or any of its team members in connection with the proposed Transition Plan in accordance with the RFP.

Specifically, we propose the following revision –

No Proposer, or any of its team members, may communicate with another Proposer or its team members with regard to this RFP or either team’s Initial Proposal or Proposal, except that (1) contractors and subtenants that are shared between two or more Proposer teams may communicate with their respective team members so long as those Proposers establish a protocol to ensure that the shared team members will not act as a conduit of information between the teams, and (2) this prohibition does not apply to public discussions regarding the RFP at MassDOT sponsored pre-proposal meetings or site visits, and (3) existing operators and/or existing subtenants or contractors in connection with a proposed Transition Plan as contemplated by the

RFP.

It is confirmed that Proposers may contact existing tenants without violating Section 2.8(A) of the ITP. A conforming change will be made in the next addendum.

112 02/26/25 Lease Please provide us with a word version of the Lease and Concessions Agreement

A Word version of the Lease and Concessions Agreement will be posted on

COMMBUYS.

113 02/26/25 Lease - Appendix D

Please confirm that the Plaza Management Plans will be completed with selected operator - TOC currently indicates that they will be provided pre bid sumbission by MassDOT

Confirmed.

MassDOT Bid No. BD-25-1030-CP01-CP01-107836 Service Plaza Operator 9

Responses to Proposer Questions

Question Number

Date Submitted

RFP

Reference

Proposer Question MassDOT Response

114 02/26/25 Lease - 13.1(G)

Please confirm whether the requirements of the Lease and Concessions Agreement Section 13.1, and in particular 13.1(G) will apply to all employees of the Operator, Project Contractors and Subcontractors, including food services workers and janitorial staff directly employed by the Operator, for the duration of the lease term, or whether this clause refers to the revitalization period only? Specifically, are all employees required to be unionized per section 13.1(G)

Section 13.1(G) applies to all employees and the entire lease term. Section 13.1(G) does not require that all employees be unionized.

115 02/26/25 Lease - 13.1(G)

Please confirm whether all employees of potential food tenants will be subject to the provisions of the Lease and Concessions Agreement Section 13.1(G)?

See response to question number 114.

116 02/26/25 Lease - 13.1(I) Please confirm that prevailing wage requirements will only be applicable to Revitalization Works and Capital Improvements?

Section 13.1(I) applies to all “Construction Work.” See Appendix A of the Lease and Concessions Agreement for the definition of “Construction Work."

117 02/26/25 ITP Addendum 3 - B9.2

We understand that the SDP commitment is split into two secions i) the SDP spend during construction by reference to the anticipated Capital Investment, and ii) the ongoing annual SDP spend following revitalization by reference to anticipated expenditure on O&M Services for the remainder of the contract. Please confirm if our understanding is correct.

Yes. See also Addendum Number 3.

MassDOT Bid No. BD-25-1030-CP01-CP01-107836 Service Plaza Operator 10

Responses to Proposer Questions

Question Number

Date Submitted

RFP

Reference

Proposer Question MassDOT Response

118 03/03/25 ITP Lease and Concession Agreement Commercial Term Sheet. The ITP seems to provide that the Proposal is to be based on the Lease and Concession Agreement Term Sheet (including Appendix 1 – Scope of Work) as the definition remains in Section 1.1 and there continues to be about a dozen references in the ITP to the Lease and Concession Agreement Term Sheet (including cross-references).

Notwithstanding the ITP, the Table of Contents suggests that the Lease and Concession Agreement Commercial Term Sheet is being replaced and superseded by the draft of the Lease and Concession Agreement.

Please revise the ITP or the Table of Contents to resolve these discrepancies.

If the Lease and Concession Agreement is in fact intended to replace and supersede the Lease and Concession Agreement Term Sheet, please revise the ITP to include a process for submitting comments to the draft Lease and Concession Agreement.

The Lease and Concession Agreement plainly replaces and supersedes the Lease and Concession Agreement Term Sheet.

The process for submitting comments on any RFP documents, including the Lease and Concession Agreement, is governed by ITP Section 2.6.

Edits correcting the references in the ITP to the Lease and Concession Agreement Term Sheet will be corrected in a future addendum.

MassDOT Bid No. BD-25-1030-CP01-CP01-107836 Service Plaza Operator 11

Responses to Proposer Questions