Proposals Due by 3:00pm - Tuesday, September 25th, 2018
FAQ's
- Q: Do you have a Word version of the Lease that you want us to use? We would submit a clean and redlined copy to show our requested changes.
- A: A Word copy of the lease has been placed on this page - see above.
- Q: Regarding the RFP itself, is there a certain format that you want to see regarding our addressing all of the questions and providing all of the information that you have asked for in the RFP?
- A: Regarding format of the RFP submittal: Please refer to the instructions in the RFP, particularly under Sections 3.4, Sections 4.1 through 4.7.2, and Appendix Two.
- Q: Can you please clarify why the University is suggesting a 40 year lease term?
- A: The RFP has a provision that allows for an alternate term. If that is what you will propose, please let us know what you are proposing and why that would alter the 40 year term.
- Q: Respondent requests for a forty-five (45) day extension for submittal of the proposal.
- A: The submittal deadlines remains as noted in the RFP. If that changes it will be updated as referenced in the RFP.
- Q: Can you tell me if there is a Word version of the Execution of Offer document available or do we simply use the form attached to the RFP and write in the info needed?
- A: Please use the RFP forms in their current format
- Q: Section 3.8 states that all information, documentation and other materials submitted by a respondent in response to this RFP are non-confidential and subject to public disclosure. Clearly that covers the RFP submittal. But if the University subsequently asks for more information, does the response to that request also fall into the same non-confidential category? Specifically financial statements the University might request under Section 3 of Appendix Two. If the answer is that the FS will become public information and the respondent does not want its FS disclosed, is that the reason the University gives the respondent the option of electing not to provide its financial statements?
- A: Per Section 3.8, the financial statements would become subject to public disclosure under the Texas Public Information Act. In the event of a public information request, the responder can petition the AG’s office to have the financial statements withheld.
- Per Section 3 of Appendix Two, the Respondent’s proposal must state whether the Respondent will provide a copy of its financial statements for the past 2 years if requested by The University.
- Per Section 5.4.3, Criteria for Selection includes the Respondents demonstration of its capacity in terms of financial resources to construct and operate the Property for the Proposed use.
- Q: Section 8 of Appendix Two requests customer references from customers for whom respondent has developed or managed real property in the last 7 years. If the respondent builds and operates for itself, then what type of customer reference would you be looking for?
- A: If a specific requirement in the RFP is not applicable to a Respondent, the Respondent may state so in their submittal.
- Q: Section 14.e of Appendix Two says that if a respondent proposes a lease with existing improvements and no significant redevelopment, then it should base its rent quote on a “lease term of four consecutive 10-year terms.” What is meant by that?
- A: “Lease term of four consecutive 10-year terms” should be interpreted as an initial primary term of 10 years, which three successive 10-year renewal options.
- Q: Section 17 of Appendix Two says that “Respondent will provide its comments in the text of an electronic version of the sample Lease document.” Are you expecting revisions shown in “redline” or “track changes” format, or are you expecting comments that are explained in a “bubble” in the margins of the document?
- A: “Redline / track changes” is preferred, though “bubble” comments in the margins would not disqualify.
- Q: Will there be an information session?
- A: We do not currently have plans for an information session, our answers to your questions and the RFP links are available on this page.
- Q: Can you confirm the site limitations in terms of building coverage and FAR, and if there is a possibility of amending this agreement to allow for a high FAR and building coverage?
- A:We look to the respondents to perform their own due diligence with respect to zoning and entitlement questions, issues, and their associated interpretation.
- Q: Can we schedule a time to visit or call to discuss the RFP?
- A: Any questions need to be submitted per the RFP guidelines.
- Q: In Appendix Two, Basic Business Terms Proposed for the Lease, item 14, the language states that “ If a Respondent proposes a variable component of rent, then Respondent must state how it is calculated…..” yet Section 5.01, e-g and Section 5.02 of the SAMPLE Lease form provides the details and methodology for percentage rent. Please confirm if percentage rent is a requirement for this lease since item 14 (referenced above) contemplates that Respondent may propose a variable component of rent.
- A:Percentage rent is an option which Respondents may elect to include in their proposal. The details and methodology described in the sample lease would apply to any percentage rent structure.
- Q: In Appendix Two, Basic Business Terms Proposed for the Lease, item 14 a-e, please confirm if Respondent should provide a rent quote based upon one of those options (a-e), or if a separate rent quote is required for each of those options (a–e).
- A: Respondent should provide a rent quote for each option that is applicable to Respondent’s Proposal.
- Q: In our review of Appendix Four: SAMPLE Lease form, it was noted that in section 4.05. b., “no underground or other storage tanks storing hazardous substances shall be located or caused to be located by Lessee on the Premises…..”. Please clarify this provision since the 0.56 acre tract currently houses a convenience store which sells motor fuels in conjunction with its operation.
- A: The language regarding underground tanks is part of the standard lease template, but was not intended to prohibit continued use. The online FAQ page will be updated to note that an underground tank already exists on the site.