Wednesday, October 17, Texas A&M University College Station, Texas

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1 Wednesday, October 17, 2012 Texas A&M University College Station, Texas

2 Presented by Dieter Billek, P.E. Interim Section Director, Strategic Projects Division Texas Department of Transportation

3 Legislative Authority Design-Build Versus CDAs Similarities and Differences Project Examples Horseshoe Project LBJ Managed Lanes IH 35E Managed Lanes

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5 Senate Bill 1420 was signed in June of 2011; now incorporated in Texas Transportation Code Chapter 223 TxDOT may enter into a comprehensive development agreement only for all or part of: SH 99 (Grand Parkway) IH 35E from IH 635 to US 380 North Tarrant Express Segments 2E, 3A, 3B, 3C, 4 SH 183 from SH 161 to IH 35E SH 249 from Spring Cypress Rd to FM 1774 SH 288 in Brazoria County and Harris County US 290 from IH 610 to SH 99 Authority to enter into a CDA for these Projects (except for SH 99 Grand Parkway) expires August 31, 2015

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7 TxDOT (or a Regional Mobility Authority) may also enter into a comprehensive development agreement for all or part of : Loop 1 (MoPac) from FM 734 to Cesar Chavez Street US 183 (Bergstrom Expressway) from Springdale Rd to Patton Avenue Outer Parkway from US 77/83 to FM 1847 and South Padre Island Second Access Causeway from SH 100 To Park Road 100 Authority to enter into a CDA for these Projects expires August 31, 2015

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9 TxDOT may use the design-build method for the design, construction, expansion, extension, related capital maintenance, rehabilitation, alteration, or repair of a highway project. The design-build method is contracting with a single entity to provide both design and construction services. A Design-Build contract under these provisions may not grant a private entity: A leasehold interest in the highway project, or The right to operate the project or retain toll revenue The project must have estimated construction costs of $50 million or more TxDOT may enter into up to 3 design-build contracts per fiscal year

10 Senate Bill 1420 requires a committee to be established for certain TxDOT toll projects: Toll projects in which a private entity has a financial interest in the project s performance; and Regional, city or county funding will be used to pay project costs, or city or county property will be used as project ROW Committee is comprised of one representative from each entity: TxDOT, local RMA, local MPO, and a county or municipality that provided funds or ROW for the project Committee will determine: Allocation of revenue risk Method of financing for the project Tolling structure and methodology (if no regional tolling policy has been established)

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12 Design-Build CDA Design-Build CDA Concession Financial Characteristics Financing Public Entity Public Entity Private Entity Bid Development and Pricing Developer focused on shorter asset life and lowering up-front costs Developer focused on shorter asset life and lowering up-front costs Developer focused on lowering whole asset life cycle costs

13 Design-Build CDA Design-Build CDA Concession Legislative Requirements Level of Design at Final RFP 30% schematic design No minimum design required No minimum design required Stipend Minimum 0.25% of contract amount No minimum required No minimum required SB 1420 Committee Not required Required (for certain toll projects)

14 Design-Build CDA Design-Build CDA Concession General Approach Some standards are performance-based More standards are performance-based Standards are mostly performance-based Traffic and Revenue Risk Allocation TxDOT retains TxDOT retains Developer retains Maintenance Term Three 5-year options Three 5-year options Up to 52-years less Construction Period

15 Design-Build CDA Design-Build CDA Concession Operations Responsibility TxDOT retains TxDOT retains Developer retains Maintenance Responsibility TxDOT retains, may require Developer to provide capital maintenance TxDOT retains, may require Developer to provide capital maintenance Developer retains, is more project-wide Warranty Period Set period of time following Final Acceptance Set period of time following Final Acceptance Developer has comprehensive performance specifications for all assets for concession term

16 CDA PPP Projects North Tarrant Express Segments 3A & 3B SH 183 Managed Lanes CDA DB Projects SH 99 Grand Parkway IH 35E Managed Lanes Project CDA Authority Granted SH 288 Harris County SH 249 Project Design-Build Projects Dallas Horseshoe Project US 77 Upgrade Loop 1604 Western Expansion NEARLY $7 BILLION

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18 16.5 mile project Full concession First CDA signed in Dallas County Construction began January 18, 2011 Anticipated substantial completion by early 2016

19 28.1 mile project Design-Build with three 5-year maintenance options Final RFP issued July 13, 2012 Proposal due date November 12, 2012 Award anticipated January 2013

20 Replace I-30/I-35 bridges over Trinity River and connecting roadways where I-30/I-35 converge Design-Build with three 5-year maintenance options Final RFP issued July 3, Technical Proposals received September 25, 2012, and Price Proposals received October 8, 2012 Final contract execution/award anticipated January 2013 Contains 100% design element for Margaret McDermott Bridges

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