COMMISSIONERS' COURT AGENDA RE VEST ~' 3aalD/. l~/ PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Commissioner Williams MEETING DATE: March 22, 2010 OFFICE: Precinct Two TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action to identify eligible Kerr County projects for presentation and consideration by TxDOT at subsequent meetings of Alamo Regional Rural Planning Organization (ARRPO). EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON(S) ADDRESSING COURT: Commissioners Williams ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted' in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays 5:00 P.M. previous Tuesday. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. AGENDA BACKUP STATEMENT At the last meeting of the Alamo Regional Rural Planning Organization (ARRPO) participating counties were requested to provide projects for discussion and future consideration by TxDOT at the March 31, 2010 meeting. Projects that area eligible for consideration are: Safety projects Bridge Structure replacement or rehabilitation projects (on or off-system) Preventative maintenance or rehab projects (seal coating) Road widening projects Storm water-related projects And High $$ "Pass Through" projects. See letter from Mario Medina, TxDOT District Engineer. Texas Department of Transportation P.O. BOX 29928 • SAN ANTONIO, TEXAS 78229-0928 • (210) 615-1110 March 10, 2010 The Honorable William A. Williams Kerr County Commissioner, Pct. 2 Kerr County Courthouse 700 E. Main Kerrville TX 78028 Dear Commissioner Williams; On February. 25, 2010, the Texas Transportation Commission approved a program call for pass-through financing projects. The department has a statutory' requirement to execute a specific dollar level of agreements for pass-through, projects in FY 2010. The Commission can approve no more than $300 million in' total reimbursements for projects selected in the pass-through financing program., Attached is a letter announcing the program call with an attached draft Texans... Register Notice that will. be published on March 12, 2010. The deadline for the' submission of pass-through financing applications is 3:00 p.m. on May 11, 2010. If you have projects identified that meet the program call requirements and would' like to submit aPass-Through, please contact Eric Ingamells at 210-615-5819. As always, thank you for your interest in our transportation system. Sincerely, Mario G. Medina, P.E. District Engineer An Equal Opportunity Employer Texas De;~a-artmer~t of Tran~~c~rtat~an DEWITT C, GREEK STATE HIGHWAY BLDG. • 125 E. 11TH STREET • AUSTIN, TEXAS 78701.2483 • (512) 463-8585 March 8, 2010 Pass-Through Finance Program 2010 Program Gall To All Interested Parties: The purpose of this letter is to announce the Texas Department of Transportation's'' {department) 2010 Program Call for accepting proposals for highway projects to be', developed under the Pass-Through Finance Program. Pass-through financing is a tool' the Texas State Legislature created (see Transportation Code §222.104) to stretch the' already limited transportation funds dedicated to highways by allowing local entities to' .fund upfront casts for constructing a state highway project. The department then' '.reimburses a portion of the project cost to the community overtime by paying amounts' based on the number of vehicles that drive on the new highway. Projects must be on the state highway system prior to submission of the proposal to be eligible for development under this program. ', As you may be aware, this program was implemented in 2004, but in December 2007,..,. all available funds for the program had been committed and the cash flow forecast would not support the repayment of costs for additional pass-through projects. On January 29, 2009, by Minute Order 111669, the Texas Transportation Commission (commission) adopted revised rules codified as Title 43, Texas Administrative Code §§5.51-5.60 (rules), that prescribe the policies and procedures governing the department's implementation of the program under Section 222.104{b) Transportation Code. On February 25, 2010, the commission approved a call for submission of projects under this program by Minute Order 112156. Unfortunately, the funding for this program call is very limited. Depending on the pass-through proposals received and then negotiated, the commission could allocate no more than $300 million among the pass-through proposals selected under this program call. The program call to solicit and accept proposal submissions for pass-through finance projects will be published in the Texas Register on March 12, 2010 with the call to begin on the same date. The deadline for the submission of pass-through financing proposals is 3:00 p.m. on May 11, 2010. The department will accept proposals from both public and private entities that are submitted in accordance with the terms of the notice in the Texas Register, Minute Order 112156, and the rules. Enclosed is a draft copy of the notice to be published in the Texas Register. "fHc T yX:~S P;,1'd REDUCE CONGESTION • ENNANGE SAFETY • EXPAND ECONOMIC OPPORTUNITY • IMPROVE AIR QUALITY INCREASE THE VRLUE OF OUR TRANSPORTATION RSSETS Ar, Equ~i Opportunity Employe; To All interested Parties -2- March 8, 2010 Information regarding the proposal application guidelines for pass-through financing of highway projects is available electronically on a department website at', http:llwww.txdot.gov/businessfc~overnments/pass finance.htm, and at your local district'. office. Information about local district office locations and phone numbers is also available at the website. Applicants considering the submission of proposals should specifically review the Application Guidelines for Pass-Through Financing of'' Highway Projects located under "More Information" at the above website. Please call your local district office if you have any questions. Your interest in the' pass-through finance program, is appreciated. Sincerely, ~ / G7' ''i~~~~` ./` Mark A. Marek, P.E. Director, Design Division Enclosure PASS-THROUGH TOLL FINANCE PROGRAM CALL - 2010 In accordance with Minute Order 112156 approved by the Texas Transportation Commission (commission) on February 25, 2010, and pursuant to Transportation Code, §222.104(b), and Title 43, Texas Administrative Code (43 TAC), Chapter 5, Subchapter E, the Texas Department of Transportation (department) issues this 2010 Program Call for highway prof ects to be developed on the state highway system under apass-through toll agreement. Pursuant to 43 TAC §5.54, the commission determined that (i) monies available that can be allocated among all proposals selected under this program call will be limited to an estimated total of $300 million in Category 12 funds, and (ii) only the following category of project costs described in 43 TAC §5.53(x)(11) will be considered as eligible for reimbursement under this program call: construction cost, exclusive of construction engineering cost, and in the case of a pass-through toll project submitted as a design-build prof ect, the construction cost, exclusive of construction: engineering costs must be broken out separately as one component of tha total projecf'cost. The cost categories of design, development (including enviroiunental clearance, right of way acquisition, utility adjustment, contingencies), financing, maintenance, and.. operation are specifically excluded. The department will accept proposals from both public and private entities that are submitted in accordance with the terms of this notice, Minute Order 112156, and 43 TAC Chapter 5, Subchapter E. The due date for acceptance of proposals is 3:00 p.m., Tuesday, May 11, 2010. The submission must be an electronic copy of the proposal in Adobe PDF format on a labeled compact disk, along with ole hard copy, addressed to John Barton, P.E., Assistant Executive Director for Engineering Operations, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701. An additional electronic copy of the proposal, along with one,hard copy, should be addressed to the local District Office where the proposed projecbwill be located. The addresses of the district offices are a~ ailable on the department's intemet website www.txd.ot.~ov. The department will evaluate the submitted proposals using the items of criteria set forth in 43 TAC. §5.55 and present its ai~alyaes to the commission. Based on the staff s analysis and the commission's evaluation of the proposals, the commission may select the proposals that provide the best value to the state and direct the department staff to attempt to negotiate the financial terns of a potential pass-through toll agreement with the selected public entity proposers, and will solicit competitive proposals under 43 TAC §5.56 for the selected private entity proposers. In the event that an alternative funding source or a significant increase in Category 12 funding becomes available for use in the program prior to August 31, 2010, or any extended date, the commission may authorize an additional deadline period for submitting proposals to be in compliance with conditions specific to the new period, in accordance with the requirements of 43 TAC §5.54. Provided further, that in the event a critical transportation need arises which can be addressed with apass-through toll agreement, or an alternative funding source becomes available for a specific transportation project, the commission may, at any time and irrespective of the limitations set forth in this program call, authorize acceptance of an individual proposal for development of apass-through toll project to meet that need or utilize those funds, provided that the proposal otherwise complies with 43 TAC Chapter 5, Subchapter E. Information regarding the proposal application guidelines for pass-through toll financing of highway projects will be available electronically on the department's website, wwtiv txdot.Qov/business/ and at the following address: Texas Department of Transportation, Attn: Mark A. Marek, P.E., 118 East Riverside Drive, Building 118, Austin, Texas 78704, (512)416-2576, on or after March 12, 2010.