Texas Turnpike Authority Division

2009 AASHTO Right of Way & Utilities Committee Conference Wednesday – April 22, 2009

Public-Private Partnerships Comprehensive Development Agreements Request for Proposals & Scope of Service Documents

Donald C. Toner Jr., SR/WA Director – Turnpike Right of Way Texas Turnpike Authority Division Texas Department of Transportation 125 E. 11 th Street Austin, Texas Office: (512) Fax: (512)

TxDOT’s PLAN 1.Reduce Congestion 2.Enhance Safety 3.Expand Economic Opportunity 4.Improve Air Quality 5.Increase the Value of Transportation Assets

Four Strategies: Use all financial options to build transportation projects. Empower local and regional leaders to solve local and regional transportation problems Increase competitive pressure to drive down the cost of transportation projects Demand consumer-driven decisions that respond to traditional market forces

Transportation Project 1.Develop 2.Design 3.Construct 4.Finance 5.Operate 6.Maintain

Global companies bring resources to the state to help Texas travelers realize the future of safer, smoother, and more efficient transportation sooner. The private sector plays a major role in developing Texas’ transportation system

CDA Methodology 1.Comprehensive Development Agreement (CDA) is a tool TxDOT uses to enable private investments in the Texas transportation system. 2.CDAs provide competitive selection process for developing regional projects. 3.A public-private partnership opens the door to accelerated financing, design, construction, operations and/or maintenance of a project.

Request for Proposals

The Private-Sector is provided the opportunity to earn TxDOT Business through a competitive selection process.

Private Companies Submit Their Qualifications 1.Describe their technical and engineering experience 2.Provide a conceptual strategy explaining how the project could be completed 3.Submit a Financial Plan

RFP Detailed Process 1.Authorization by the Texas Transportation Commission to issues request for proposals and qualifications. 2.TxDOT issues request for proposals and qualifications 3.Deadline to submit proposals and qualifications 4.TxDOT evaluation and short list teams

5.Authorization by the Texas Transportation Commission to issue request for detailed proposals 6.TxDOT issues Request for Proposal 7.Deadline to submit Detailed Proposals 8.TxDOT Evaluation 9.Selection of best-value proposal. 10.RFP Addendums RFP Detailed Process

RFP - Series of Addendums 1.Cover Letter 2.Instructions to Proposers 3.Book 1 - Comprehensive Development Agreement 4. Book 2 – Project Specific 5. Book 3 – Technical Provisions

The Programmatic Approach Concessions & Design-Build Book 1 Terms and Conditions Book 2 Project Specific requirements Book 3 Programmatic requirements and Library of Required Standards Reference Information Documents (RID) All Books together make up the CDA Contract Documents

Review & Evaluation 1.Pass/Fail Analysis  Separation of Financial Information from Qualifications 2.Evaluation Committee  Level of Expertise –Intentional Misrepresentation of “Specifications” or “Scope” –Specialized Skill –Time/Dedication 3.System to record each lessoned learned  Benefit from the pain and agony of the lesson that you just learned or “experienced”

CDA Evaluation Process Proposals Received A – Technical B - Price Proposals Received A – Technical B - Price Technical Pass/Fail Reviews Pricing Alternatives Analysis Technical Subcommittee Review of Technical Proposals Pricing Committee Review of Cost Proposals Technical Evaluation Committee Reviews Director of TTA Division Combines Cost and Tech. For Final Scoring

CDAs delegate risk to the parties best able to manage it: –Assign to Owner –Assign to Developer –Share –Concessions differ from D/B Risk Allocation

Risk Allocation & Contracting Risk Shifting Inherent in CDAs “Traditional” Contracts 1.Owner bears risk of constructability and efficiency of design 2.Designers not accountable for cost 3.Owner responsible for QA/QC CDAs 1.Developer bears risk of constructability and efficiency of design 2.Developer accountable for cost 3.Developer responsible for QA/QC *

Right of Way Risk Allocation and Risk Shifting in CDAs “Traditional” Contracts 1.Owner bears risk of Right of way Acquisition 2.Owner responsible for moving utilities CDAs 1.Developer bears risk of right of way acquisition and schedule 2.Developer responsible utility adjustment and coordination *

Risk Allocation & Contracting Allocating Other Risks  Who can best control the risk?  Who can best manage the risk?  Are contractors willing to assume the risk?  How much will it cost?  Differing site conditions  Force majeure  Hazardous materials  Paleo/archaeo/bio  Permits  Railroads  Right of way  Utility relocations

Confidentiality Conflict of Interest Ethics Proprietary Information

PERFECT Writing the PERFECT Document? -There is no such thing.

BETTER Writing a BETTER document? -There is the possibility.

Carefully recording lessons learned Managing amendments to the contract Preventing precedent setting procedures

Scope of Service Documents

Protecting State Interest Develop a procurement contract that addresses the unique nature of the partnership while at the same time protecting the State's interest.

Scope of Service Document 1.Establishes the business agreement made between a Government Entity and Private Sector 2.Provides project justification derived by the States’ strategic objectives and plans. 3.Describes the opportunity to be benefited or obtained by the transportation project 4.Becomes the basis for evaluating future benefits to both parties involved 5.Set expectations with the Developer and Project Team

What Should Be Identified in a Scope of Service Document 1.Cost and Schedule 2.Definitions (also Define quantifiable criteria) 3.Quality Measures 4.Work required and necessary for completion of the project 5.Work that falls outside the Scope

Consideration to: 1.Transparency 2.Complicated Issues 3.Dedication to Project 4.Required Approvals 5.Ethics and Conflict of Interest

PPPs & CDAs are Not Solutions for Every Problem

Texas Turnpike Authority Division