Central Texas Turnpike Project

Donald C. Toner Jr., SR/WA Right of Way Administrator Texas Department of Transportation Central Texas Turnpike Project Austin District Phone: (512) FAX : (512)

Teri J. Morgan SR/WA, R/W-RAC EDA ROW / Utility Manager HDR Engineering Phone: (512) FAX : (512)

Central Texas Turnpike Project ConstructionROW SH 130 $1.4 bill$389 mill Loop 1/SH 45N$1.2 bill $145 mill SH 45 SE $154 mill $40 mill

SH 45 North & Loop 1

State Highway 45/Loop 1 ROW Status Design: – –All Design Activities are Complete Right-of-Way: – –All 259 Parcels are Available for Construction Utility Relocations – –51 of the 55 adjustments required have been completed with no delays to construction

SH 45 Right of Way Status May 12, 2005 Total number of parcels acquired in sections 3 thru 9 –224 –100% of total parcels available for construction Total number of parcels that had Special Commissioners Hearings – 46 – 20.5% of total parcels acquired Total number of parcels pending Mediation or Jury Trial – 13 Total amount expended for ROW Acquisition including monies deposited for the award of Special Commissioners – $76,300,000

Loop 1 Right of Way Status May 12, 2005 Total number of parcels acquired in sections 1 & 2 –35 –100% of total parcels available for construction Total number of parcels that had Special Commissioners Hearings –11 –31.5% of total parcels acquired Total number of parcels pending Mediation or Jury Trial –2 Total amount expended for ROW Acquisition including monies deposited for the award of Special Commissioners –$49,800,000

SH 45 North Looking West from IH-35

SH 45 North Looking East toward IH-35

Loop 1 Looking North toward the “T”

Loop 1 At the “T” looking West

Overview of the SH 130 EDA Procurement Process

EDA / CDA gives TxDOT authority to: Enter into an agreement with a private entity to construct, maintain, repair, operate, extend or expand a turnpike Negotiate professional and consulting services Negotiate terms of financing

Key Benefits of EDA / CDA Approach Fixes price early in design phase Guarantees completion date Single point of responsibility Defines important project risks Life cycle cost efficiency Captures private sector innovation Streamlines project administration Enhances cost control and risk management

Selection Process Best Value Concept was Utilized Price Comprised 85% of the Total Score Cost were Converted to Present Value Technical Committees Evaluated the Various Aspects of the Proposals Schedule Advantages were Converted to Price for Purposes of the Evaluation (Similar to A+B Methodology) ATCs were Encouraged and Savings were Included in Base Price

EDA / CDA Components Design Right of Way Acquisition Utility Adjustment Construction Maintenance and/or Operation (TxDOT Option) Finance (Participation in Project)

Risk Allocation ROW –Developer bears risk of first 300 Days of delays due to condemnation; TxDOT risk thereafter Utilities –Unidentified utilities - $50, 000 “Deductible” Governmental Approvals –Threatened and Endangered Species – TxDOT Bears the Risk of New Listings

SH 130 Guaranteed Completion Not-Later-Than Construction Phasing Incentives –Segments 1 & 4$10 K/day –Segments 2 & 3$7.5 K/day Disincentives –Segment 1$50 K/day –Segments 2 – 4$35 K/day

SH 130 Project Status April 2005

SH 130 Segments Segments 6 Segments 91 Miles 91 Miles 4-Lane divided, Controlled- 4-Lane divided, Controlled- Access Turnpike Access Turnpike 103’ Median 103’ Median Discontinuous 2-Lane Discontinuous 2-Lane Frontage Roads Frontage Roads 8 Major Interchanges 8 Major Interchanges

SH 130 NTP1 Issued July 8, 2002 NTP2 Issued January 4, 2003 NTP3 Issues December 30, 2004 Construction began on October 3, 2003 NTPs Issued for $999 Million Change orders for 52.5 Million (5%) LSI has earned 34% of contract amount and used 46% of contract time Contractor: Lone Star Infrastructure, JV

SH 130 – ROW Summary SH 130 – ROW Summary Parcels Surveys Completed Appraisals Approved Offers Made Offers Accepted Condemnation Packages Approved Parcels Acquired Possession & Use Agreements Parcels available for Construction Mar. 2004Nov Feb Apr. 2005

Innovative Ideas for Expediting ROW Acquisition SH 130

General Locating the Developer’s ROW staff and TxDOT within the same facility Direct communication Acquisition workshops held with the Developer Identification of specialized staffing needed and continually adjust staff levels as necessary Checklist developed by TxDOT and the Developer’s ROW Staff Priority Parcels identified by the Developer Title Commitments are ordered during design phase

General (Continued) Appraisers are gathering preliminary data during design phase Early survey and appraisal reviews Appraisal, Offer letter, Deed, Survey, ESA are approved together in one package TxDOT is contractually obligated to a 10 day review of Acquisition package Deficiencies are resolved within the 10 day review time if possible Title Reports can be 90 days old when the acquisition package is submitted for approval

Negotiation Final offer letters are sent out 21 days after the initial offer Administrative Settlements are approved or rejected within 10 days from receipt Utilization of Possession and Use Agreements Developer may obtain a Possession and Use Agreement with the Property Owner

Payments Payment packages approved within 5 days from receipt Warrants received within 2 to 3 weeks from request Allow the Developer to make payments and then be reimbursed by TxDOT (pre-approved on a case by case basis only) Simultaneous processing of documents and warrants. The warrant is not released for closing until all documents are completed and approved by TxDOT

Payments (Continued) A title update is done the day of closing and the Agent reviews the updated report at closing before the check is released to the property owner. Early processing of all required documents. (Concurrent activities)

Eminent Domain Additional Commissioner’s Hearing sites have been identified and utilized. Request from TxDOT to the courts to appoint more Special Commissioners Prepare the Eminent Domain package in advance. Continue curative work concurrently with Eminent Domain activities.

TxDOT ROW Management Minimal TxDOT Right of Way Staff (Consultant services made up a majority of Right of Way Staff ) ROW Costs Component $ 300+ million Fast Tract Projects - Limited time for ROW and Utility adjustments

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