R940-5-6. Final Review of Final Statement of Qualifications and Financial Resources, and Final Review of Technical Proposal  


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  • (1) As specified under section 72-6-303, the proposer must submit the following information:

    (a) a map indicating the location and legal description of the highway facility and all proposed interconnections with other highway facilities;

    (b) a description of the highway facility, including the conceptual design of the highway facility and a statement whether the facility will be operated and maintained as a tollway facility;

    (c) a list of the major permits and approvals required for developing or operating improvements to the highway facility from local, state or federal agencies and a projected schedule for obtaining the permits and approvals;

    (d) a description of the types of public utility facilities, if any, that will be crossed by the highway facility and a statement of the plans to accommodate the crossing;

    (e) a description of the types of public utilities used, carried, or accommodated by the highway facility and a statement of the plans to use, carry or accommodate the public utilities;

    (f) an estimate of the design and construction costs of the highway facility;

    (g) a statement setting forth the private entity's general plans for constructing, operation, and maintaining the highway facility, including:

    (i) the proposed date for development, operation, or both of the highway facility ;

    (ii) the proposed term of the lease over sovereign lakebed lands; and

    (iii) a demonstration by the private entity that the proposed plan is financially viable;

    (h) the names and addresses of the persons who may be contacted for further information concerning the highway facility application.

    (i) demonstration that the proposed highway facility is contained within the long-range highway plan prepared by the Department or by a metropolitan planning organization, including the visionary long-range highway plan.

    (j) a statement whether or how the highway facility can safely accommodate recreational fishing or other recreational activities on the highway facility.

    (2) The commission also requires the following information:

    (a) a copy of the agreement entered into by the Department and the proposer, pursuant to Section 72-6-303, demonstrating that the proposed construction plan meets engineering and design standards specified by the Department, including authorization for the Department to assure the safety of the design, construction, operation, and maintenance of the facility;

    (b) proof of a performance bond issued for the project pursuant to the provisions of Section 63G-6-505 and 507;

    (c) verification of executed steps identified in the funding and finance plan required and submitted as part of the Preliminary Review required under R940-5-5 necessary to complete proof of financial strength of the proposed plan (for example, if the funding and finance plan submitted under the Preliminary Review states that the proposer would have a letter of credit available for a portion of the funding and financing plan, and the proposer had demonstrated during the Preliminary Review that such proof is available, the Commission will likely require the letter of credit executed and delivered as part of Final Review required under this part);

    (d) final submission of information requested by the Commission under the Preliminary Review; and

    (e) any additional information required by the Commission and posted by the Commission on the Department's website necessary to determine the feasibility and financial viability of the proposal.