DESIGN BUILD LA 318 INTERCHANGE FUTURE I-49 SOUTH

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1 DESIGN BUILD LA 318 INTERCHANGE FUTURE I-49 SOUTH Post Office Box Baton Rouge, LA Timothy Nickel, P.E. Senior Project Manager (225)

2 1. First DOTD Design Build Project to include right of way acquisition as part of the scope. 2. First DOTD Design Build Project to award a project with an ATC that requires Environmental Supplement.

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10 ATC

11 Authority/Legal Basis 1.Laws 1. Title 23 U.S.C. 112(b)(3) provides the FHWAs statutory requirements for the design-build project delivery method. 2.Regulations 1. Title 23 C.F.R. Part 636 provides the FHWAs regulatory policy for the design-build project delivery method.

12 (3) Design-build contracting. (B) Limitation on final design. Final design under a design-build contract referred to in subparagraph (A) shall not commence before compliance with section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).

13 (4) Proceed with the award of a design-build contract prior to the conclusion of the NEPA process; (6) Allow a design-builder to proceed with final design and construction for any projects, or portions thereof, for which the NEPA process has been completed.(b) If the contracting agency proceeds to award a design-build contract prior to the conclusion of the NEPA process, then:(1) The contracting agency may permit the design-builder to proceed with preliminary design of the NEPA process (contract hold points or another method of issuing multistep approvals must be used);

14 (6) The design-builder must not prepare the NEPA document or have any decision making responsibility with respect to the NEPA process; (7) Any consultants who prepare the NEPA document must be selected by and subject to the exclusive direction and control of the contracting agency; (8) The design-builder may be requested to provide information about the project and possible mitigation actions, and its work product may be considered in the NEPA analysis and included in the record;

15 FHWA LA Division s position and interpretation of 23 CFR (b) was all environmental work must be directly performed by DOTD. All environmental documentation, studies, surveys, assessments or evaluations for reevaluation purposes or environmental monitoring, and public involvement efforts are to be completed by the DOTD.

16 As per 23 CFR (b)(8) DOTD is allowed to obtain information about the project from the Design-builder. The Design-builder can provide technical information (related to engineering, design requirements, design impacts, and mitigation issues related to design), to be considered as part of the preparation of the reevaluation documents. DOTD has options to use internal personnel or consultant services (selected and subject to the exclusive direction and control by DOTD) to gather, prepare and develop the environmental reevaluation.

17 As far as the authorization of funds, since the reevaluation of the NEPA process has not been completed, federal funds can only be authorized for: 1) preliminary design and such additional activities to complete the NEPA process, and/or 2) final design and construction for those portions of the project not affected by the reevaluation. Title 23 C.F.R (8)(d)

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19 The Design Builder is responsible for all real estate services. DOTD will pay the vouchers for the acquisition. This shifts the risk, primarily time, of the acquisition process to the Contractor.

20 LA DOTD Deliverable Review Times LA DOTD Required Review LA DOTD Review Maximum Number of Time Submittals per Week ( Business Days) Property Survey Submittal Review 10 1 Joint Plan Review 20 1 Final Right-of-Way Map Review 10 1 Acquisition Plan Review 10 1 Title Research Report Review Title Update Review 5 10 Relocation Plan Approval 10 1 Appraisal Plan Review 10 1 Appraisal Review Just Compensation Review 3 10 Counter Offer Review 3 10 Voucher Review/Approval/Payment 10 10

21 Early acquisition was approved by FHWA for portions of the project not deviating from the existing approved alternative in the NEPA document.

22 Estimate for Design Build contract was about $60 million Awarded Contract amount is $55.7 million And reduced ROW area by about 20%. Contract Time reduced by 351 days. Contract NTP June 29, 2015 Contract Time 749 days Contract Completion July 17, 2017

23 THANK YOU! Questions or Comments? Timothy Nickel, P.E. (225) Post Office Box Baton Rouge, LA