Notice of Request for Information – Concepts for New, Low Carbon Emitting, Freight Transportation Facilities

The Texas Department of Transportation (TxDOT or department)is seekinginformation that may assist in the development of facilities to move freight using low carbon emitting technologies and involvingsystems that minimize negative environmental impacts. The department requests your ideas on the most efficient and credible technology and business model available to finance, develop, implement, and operate these facilities. This Request for Information (RFI) is issued solely to assist TxDOT in its planning processes and for data collection purposes. It does not constitute a Request for Qualifications (RFQ), a Request for Proposals (RFP) or other solicitation document, nor does it represent an intention to issue an RFQ or RFP in the future. This RFI does not commit TxDOT to contract for any supply or service whatsoever, nor will any response to this RFI be considered in the evaluation of any response to a solicitation document. TxDOT will not pay for any information or administrative cost incurred in response to this RFI. Responses to this RFI are due [time, date].

Background. It appears that freight traffic will greatly expand in Texas. Texas ports are expanding their capabilities to handle greater numbers of containers. The expansion and reconstruction of the Panama Canal will likely bring greater freight traffic to the state. While the existing highway and rail systems have the capacity to absorb some of the anticipated growth, there are serious concerns that they will not adequately accommodate all future traffic. In urban areas, truck traffic contributes significantly to highway congestion, leading to lost time for drivers, increased energy consumption, and increased air emissions. Also, increased truck traffic requires ever-more costly repairs of the highway system.

Concept. The department seeks new solutions for the 21st century for short and mid-haul freight movements to provide an environmentally sensitive alternative to more trucks on the roadways. The department is interested in concepts which include coordinated efforts with the major Texasport-of-entry cities, such as Houston, Laredo, Corpus Christi,and Brownsville, which would connect them to major inland-port cities such as San Antonio, Austin, and Dallas-Fort Worth, as well as major manufacturing, warehousing, and distribution centers. The department is interested in facilities that would produce fewer carbon emissions, for example electric-powered facilities connected to lower-emission, or renewable, energy sources. The department is interested in facilities which avoid impacts to existing roadways, but the department is also interested in facilities that use right of way already owned by the department to the extent such facilities could still meet the other goals described here. The department is interested in facilities that could serve additional purposes during an emergency, such as emergency response, evacuation, and military transport. Finally, the department is also interested in concepts that include a pilot project in order to test new technologies and their likelihood of commercial success.

Some possible concepts include: (1) a roadway on which specially-outfitted trucks are powered by an embedded power source; or (2) a rail facility powered by electricity. Other possible concepts may focus on moving freight between specific economic activity centers.

Information Requested. The department requests that any interested person, including public or private entities, submit conceptual information on creating new freight transportation facilities. It would be most beneficial to the department if a given concept both includesengineering ideas, and explains how the department would implement them including: (1) legal authority for the implementation of the facility, to include whether current law authorizes the facility, or that the facility would require new authorizations; (2) the sources of financing to be used, including public or private sources; (3) a conceptual business model, explaining ownership and operation of the facility, and conceptual revenue and cost estimates;and (4) development ideas, explaining how the department should develop the facility from concept through construction and operation, including the individual steps the department should take to procure the facility. The department also requests an estimate of how the facility would affect carbon emissions.

The Next Steps. The department will review any conceptual ideas that are timely submitted. If the department determines that the best concept is both feasible and will benefit freight transportation, the environment, and the state in general, then the department may pursue developing it. As the next step, all persons who are interested in developing the selected concept would be requested to submit their proposal for a transportation facility that would implement the concept, including an explanation of purpose and need, preferred routes, environmental considerations, technology, financing, construction schedules, and reductions of carbon emissions (compared to truck and rail movements). How exactly the department would develop the concept depends on the particular concept, and the law that would apply. For example, the procedure may be different if the concept envisions the state leasing right of way, envisions developing a state rail facility under Transportation Code, Chapter 91, or envisions development under a comprehensive development agreement under Transportation Code,Chapters 91 and 223.

If the concept would have the department enter into a comprehensive development agreement, the department would conduct a two-step procurement process. The department would request that interested persons submit proof of their qualifications. The persons who are selected as qualified would then submit detailed proposals to develop the selected facility in accordance with the department’s specifications. The department may pay stipends to the persons who are selected to submit detailed proposals, including stipends for proposals that meet certain thresholds for being feasible and practical. The department would select the proposal that shows the best value for the state, and enter into a development agreement with the proposer.

Confidentiality/Public Information Act. All written correspondence, exhibits, photographs, reports, other printed material, tapes, electronic disks, and other graphic and visual aids submitted to TxDOT in response to this RFI are, upon their receipt by TxDOT, the property of the State of Texas, may not be returned to the submitting parties, and are subject to the Public Information Act, Chapter 522, Texas Government Code (the “Act”). Respondents should familiarize themselves with the provisions of the Act. In no event shall the State of Texas, TxDOT, or any of their agents, representatives, consultants, directors, officers or employees be liable to a respondent for the disclosure of all or a portion of the information submitted in response to this RFI. Please be advised that the conceptual ideas will be public documents upon receipt by the department. You should not submit any trade secrets you wish to protect.

Deadline. The deadline to submit responses to this RFIis [90 days after publication in the Texas Register]. Responsesthat arrive after the deadline will not be reviewed. If the department determines that there is a concept that is feasible and practical, the department may begin in Spring 2009 with a procurement process, with the goal of entering into a development agreement by Spring 2010. Responses to this RFI should be submitted to: Mark Tomlinson, P.E., Director, Texas Turnpike Authority Division, 125 East 11th Street, Austin, Texas78701-2483.

Additional Information. You may contact Mr. Tomlinson at 512-936-0903 for additional information.

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