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Right-of-way Design-build And Alternative Contracting Peer Exchange

I. Executive Summary

On November 17, 2009, the Federal Highway Administration's (FHWA) Office of Real Estate Services sponsored a one-day peer exchange focusing on the experiences of several State Departments of Transportation (DOTs) with design-build contracting and the use of alternative contract procurement methods. The purpose of the peer exchange was threefold:

The Texas DOT (TxDOT) hosted the event at its Turnpike Office in Austin, TX. Participants consisted of: staff from FHWA Headquarters, the FHWA Texas Division Office, Colorado DOT, Florida DOT, Georgia DOT, Massachusetts DOT, Maryland State Highway Administration (SHA), Missouri DOT, Ohio DOT, South Carolina DOT, TxDOT, Utah DOT, Washington DOT, West Virginia DOT, Wisconsin DOT, the International Right of Way Association, and the United States Department of Transportation (USDOT) Volpe National Transportation Systems Center (See Appendix A for complete list of participants). Participants represented 13 State DOTs, including ROW directors, legal counsel, innovative contracting specialists, utility and railroad coordinators, and ROW project managers. Presentations on use of design-build contracts, with a ROW component, were given by the Texas, Utah, and Missouri DOTs.

The TxDOT requests for proposals and contract packages called "Book 1, Book 2, and Book 3," are online. To view Texas documents, go to http://www.txdot.gov/business/partnerships/current-cda/cda-rfp.html. Contracting requirements for North Tarrant Expressway can be found at http://www.txdot.gov/business/partnerships/current-cda/north-tarrant-express.html; and information for the Dallas/Fort Worth connector is at http://www.txdot.gov/business/partnerships/current-cda/dfw-connector.html.
The Utah DOT provided a ROW acquisition procedure that is used when developing a design-build contract with ROW as part of the contract. Their procedure is attached as Appendix D., Utah DOT Right-of-Way Procedure Part 19C: Right-of-Way Acquisition Procedures for inclusion in Design Build Request for Proposal (RFP). Missouri DOT gave an overview of the kcICON Bridge project in Kansas City.

The Washington State DOT described efforts to develop an alliance-type contract that would allow very early contractor selection and use of the contractor's knowledge (as part of the team) through-out project development. While this first effort did not result in an alliance-type contract, we are hopeful that a State DOT will try this innovative concept in the near future.

Overall observations and lessons learned:

Updated: 04/02/2013
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