SH 130 (Seg 5 & 6) - executed agreements
SH 130 (Seg. 5 & 6)
Authorizations and approvals
The Texas Transportation Commission (TTC) authorized TxDOT to enter into an agreement with Cintra Zachry, LP in Minute Order 110567 on June 29, 2006. The TTC approved the department to execute a facility concession agreement (FCA) for the financing, development, design, construction, operation, and maintenance of the SH 130 Segments 5 and 6 facility, from the southern terminus of Segment 4 of SH 130 to I-10 near Seguin.
Executed documents
The SH 130 Facility Concession Agreement (FCA) was executed on March 22, 2007 between TxDOT and the SH 130 Concession Company. Under the agreement, the developer designed, constructed, and operates and maintains the toll road for a 50 year term. The developer has also financed the project, while TxDOT oversaw all right-of-way (ROW) acquisition procedures. The State of Texas is the titleholder to all of the ROW acquired for this project.
| Executed documents |
| Facility Concession Agreement (FCA), included the following sections: |
| Exhibit 1 - Abbreviations and Definitions |
| Exhibit 2 - Developer's Schematic and Proposal Commitments |
| Exhibit 3 - Form of Lease |
| Exhibit 4 - Toll Regulation |
| Exhibit 5 - Facility Plan of Finance |
| Exhibit 6 - N/A |
| Exhibit 7 - Compensation Terms |
| Exhibit 8 - Federal Requirements |
| Exhibit 9 - Milestone Schedule |
| Exhibit 10 - Facility Baseline Schedule |
| Exhibit 11 - Hazardous Materials Risk Allocation Terms |
| Exhibit 12 - Form of Direct Agreement |
| Exhibit 13 - Handback Reqs, Reserve Elements, and Reserve Mechanism |
| Exhibit 14 - Terms for TxDOT Toll Collection and Enforcement |
| Exhibit 15 - Developer's DBE Performance Plan |
| Exhibit 16 - Developer Job Traiing/Small Business Mentoring Plan |
| Exhibit 17 - Competing Facilities Provisions |
| Exhibit 18 - Required Capacity Improvments and Facility Extensionas |
| Exhibit 19 - Insurance Coverage Requirements |
| Exhibit 20 - Non-compliance Pionts Systems, Liquidated Damages |
| Exhibit 21 - Disputes Board Agremment |
| Exhibit 22 - Terms for Termination Compensation |
| Exhibit 23 - Sales Tax Reimbursement Provisions |
| Exhibit 24 - Initial Designation of Authorized Representatives |
| Exhibit 25 - Master Lockbox, Custodial Account Agreement and Joinder Agreement |
| Technical Requirements |
| Technical Documents |
| Documents |
| Executed FCA Amendments, including the following: |
| Amendment 1 - Horizontal Control Reqs and Design Exceptions |
| Amendment 2 - FCA Book 2 Table 11.3-1 |
| Amendment 3 - Administrative Settlements |
| Amendment 4 - FCA Book 2 Attachment 1, Table A1-4 |
| Amendment 5 - FCA Article 9 |
| Amendment 6 - Change Order 3 |
| Amendment 7 - Amendment to FCA Technical Requirements Section 21.5 |
| Amendment 8 - FCA Exhibit 4 and Technical Requirements |
| Amendment 9 - Corrections to FCA Technical Requirements Attachment 10 |
| Amendment 10 - Amendment to FCA Tech Requirements |
| Amendment 11 - Incorporate Exhibit A into the FCA Documents |
| Amendment 12 - Amendment to FCA Exhibit 14, Attachment 3 |
| Amendment 13 - Amendment to FCA Technical Requirements, Attachment 3 |
| Amendment 14 - Amendment to FCA Technical Requirements, Attachment 3 |
| Amendment 15 - Amendment to FCA Technical Requirements |
| Amendment 16 - Amendment to FCA 2 Technical Requirements |
| Amendment 17 - Toll Revenue Reporting |
| Amendment 18 - FCA Section 10.12 Regarding Uniforms |
| Amendment 19 - Asset Condition Scoring Process |
| Amendment 20 - Developer Monthly Rpt, Breaches/Failures, and Non-Compliance Points |
| Amendment 21 – FCA Revisions and Joint Stipulation from Bankruptcy Proceedings |
| Amendment 22 – Developer’s Annual Reporting Concerning Renewal Work |
| Amendment 23 – Miscellaneous Corrections to FCA and Technical Requirements |