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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) 225-1361 FAX : (512) 225-1400 email: dtoner@dot.state.tx.us. Teri J. Morgan SR/WA, R/W-RAC
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Donald C. Toner Jr., SR/WA Right of Way Administrator Texas Department of Transportation Central Texas Turnpike Project Austin District Phone: (512) 225-1361 FAX : (512) 225-1400 email: dtoner@dot.state.tx.us
Teri J. MorganSR/WA, R/W-RAC EDA ROW / Utility Manager HDR Engineering Phone: (512) 225-1366 FAX : (512) 225-1400 email: t.morgan@HDRInc.com
Central Texas Turnpike Project Construction ROW • SH 130 $1.4 bill $389 mill • Loop 1/SH 45N $1.2 bill $145 mill • SH 45 SE $154 mill $40 mill
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 State Highway 45/Loop 1 ROW Status
SH 45 Right of Way StatusMay 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 StatusMay 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
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
1 2 3 4 5 6 SH 130 Segments • 6 Segments • 91 Miles • 4-Lane divided, Controlled- • Access Turnpike • 103’ Median • Discontinuous 2-Lane • Frontage Roads • 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 Nov. 2004 Mar. 2004 Feb. 2005 Apr. 2005 • Parcels 410 408 407 408 • Surveys Completed 276 359 364 364 • Appraisals Approved 197 321 334 346 • Offers Made 153 310 329 343 • Offers Accepted 68 126 150 162 • Condemnation Packages Approved 50 215 235 251 • Parcels Acquired 39 163 199 230 • Possession & Use Agreements 12 23 46 44 • Parcels available for Construction 51 186 245 274
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