ADOT, Federal Highway Administration prevail in South Mountain Freeway lawsuit

PHOENIX — Construction of the Loop 202 South Mountain Freeway is scheduled to begin in early September after the U.S. District Court in Phoenix dismissed legal challenges and ruled that the Arizona Department of Transportation and Federal Highway Administration completed all steps required to move forward.

“This is a momentous day, not only for ADOT but for our many partners – including the city of Phoenix, the Maricopa Association of Governments and the Federal Highway Administration – who helped develop the most extensive environmental review of any highway project to date in Arizona. More importantly, this is a clear victory for the region, which will benefit from a new transportation corridor and, with it, the economic development that will follow,” ADOT Director John Halikowski said. “This east-west alternative will connect people with employment, entertainment and educational centers in parts of the Phoenix metropolitan area that are projected to see considerable growth. The ruling today affirms the good work of the entire project team.”

In a ruling released Friday, Aug. 19, the judge found that plaintiffs failed to demonstrate, as claimed, that ADOT and the Federal Highway Administration didn’t meet requirements of the National Environmental Policy Act and other federal laws.

“Plaintiffs have not met their burden to show the Agencies’ actions were ‘arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law …’ or ‘without observance of procedure required by law,’” the ruling concludes.

Construction of the South Mountain Freeway will begin in early September at the I-10/Loop 202 (Santan Freeway) traffic interchange. Crews also will begin relocating native plants along the right of way for transplanting later.

The 22-mile freeway, expected to open by late 2019, will provide a long-planned direct link between the East Valley and West Valley and a much-needed alternative to Interstate 10 through downtown Phoenix. Approved by Maricopa County voters in 1985 and again in 2004 as part of a comprehensive regional transportation plan, the South Mountain Freeway will complete the Loop 202 and Loop 101 freeway system in the Valley.

In February, ADOT finalized the state’s first highway public-private partnership agreement through which the project team, Connect 202 Partners, will build the freeway at a taxpayer savings of more than $100 million and will open it to traffic three years sooner than originally projected.

The fixed $916 million contract for design and construction makes this the largest highway project in state history. The development team will be responsible for 30 years of maintenance following the completion of the project, supporting construction with innovation and built-in cost efficiencies for the long term.

With construction scheduled to begin in early September, ADOT has been conducting preliminary engineering, addressing cultural resources in the right of way, acquiring and preparing properties, and relocating utilities. ADOT received final federal clearance to move forward with the project in 2015.

The South Mountain Freeway will be constructed with four lanes in each direction – three general-use lanes and one HOV lane – and include modern features including rubberized asphalt and aesthetics reflecting the neighboring communities.

South Mountain Freeway to be constructed as public-private partnership

PHOENIX — The Arizona Department of Transportation has selected a preferred developer for the Loop 202 South Mountain Freeway, which remains on track for construction to begin in summer 2016 as the largest-ever highway project in the state.

This is the first highway public-private partnership in Arizona. While the South Mountain Freeway will not be a toll road, the public-private partnership will allow ADOT to construct the project at an accelerated pace and at a lower cost.

After an unsolicited public-private partnership proposal was submitted in 2013, ADOT sought proposals from qualified teams vying to develop the 22-mile-long freeway, which is the last piece of the Loop 202 system and a critical direct link between the West Valley and East Valley. From the five initial proposals submitted, three finalists were selected after a qualifications assessment to advance in the selection process.

Following an extensive review that included representatives from ADOT, Federal Highway Administration, Maricopa Association of Governments and city of Phoenix, Connect 202 Partners was chosen as the “best value” developer. Key members of the development team include Fluor Enterprises Inc., Granite Construction Co. and Ames Construction Inc., with Parsons Brinckerhoff Inc. as the lead designer.

All three teams participating as finalists in the process were encouraged to use innovation and develop alternative concepts to save time and money, while adhering to all environmental commitments. The goal is to create an innovative public-private partnership that will have a private developer design and construct the freeway, as well as maintain the new highway for 30 years.

This public-private partnership will reduce costs to taxpayers while accelerating construction. Typically, a project of this magnitude would be split into several smaller projects, but the South Mountain Freeway will be completed as a single project by one contracting team.

“While ADOT has successfully built and managed hundreds of miles of freeways in the Phoenix metropolitan area, following a public-private partnership path for the first time was an appropriate tool for the South Mountain Freeway,” ADOT Director John Halikowski said. “ADOT will be able to complete this much-needed project sooner as a result, while increasing the likelihood of saving taxpayer dollars.”

ADOT is expected to finalize the contract with Connect 202 Partners by mid-February. Construction is expected to take up to four years to complete.

“The South Mountain Freeway is a critical piece of the MAG freeway program,” said Scottsdale Mayor W.J. “Jim” Lane, chair of the Maricopa Association of Governments Regional Council. “The freeway has been included in the voter-approved Regional Transportation Plan since 1985 and will provide improved mobility for residents in the MAG region. The design, construction and maintenance of the freeway by a private developer is a unique and innovative approach to delivering this important project.”

The South Mountain Freeway will be constructed with four lanes in each direction – three general-use lanes and one HOV lane – and include modern features including rubberized asphalt and aesthetics designed in partnership with the community.

South Mountain Freeway Public-Private Partnership Concept Advances

‘Request for Information’ next step for public-private partnership proposal

Study area. Click on image to go to ADOT site.

Study area. Click on image to go to ADOT site.


PHOENIX – The Arizona Department of Transportation has released a Request for Information related to the proposal to construct the South Mountain Freeway as a public-private partnership, if the freeway is approved through the ongoing federal environmental process.

Those with an interest in the public-private partnership proposal are encouraged to submit responses to outlined questions to ADOT’s Office of P3 Initiatives by Feb. 25. Comments should focus on the construction of the proposed South Mountain Freeway as a public-private partnership, with an emphasis on procurement methods and structure of a public-private partnership arrangement.

The purpose of this Request for Information is to seek the industry’s perspective and feedback on specific questions, and to provide an opportunity for industry input on the overall procurement process for the proposed project. Interested organizations and individuals are encouraged to submit responses with detailed comments. The information contained in the responses to this Request for Information will help ADOT advance planning and development efforts for the project; help confirm or refine ADOT’s project procurement, financing and delivery approach; and may result in the launch of a formal Request for Proposals.

A forum for industry representatives will be held from 10 a.m. to noon Feb. 27 in the ADOT Auditorium, 206 S. 17th Ave. in Phoenix. Seating for the industry forum is limited, and reservations should be made by contacting P3Office@azdot.gov.

This Request for Information is the next step for the unsolicited public-private partnership proposal submitted to ADOT in 2013 – the first unsolicited proposal for a highway public-private partnership submitted to the agency. Under state law, ADOT is required to conduct a review of the proposal before deciding if the concept merits an open solicitation for other companies to submit competitive proposals.

The South Mountain Freeway remains a corridor under study, and this public-private partnership proposal has no impact on the ongoing environmental impact statement that is scheduled to be finalized in 2014. The environmental impact statement must be completed and acceptable to the Federal Highway Administration regardless of how the proposed project is funded or constructed.

Public-private partnerships allow a private-sector entity to participate in the delivery of a transportation project. ADOT has authority to partner with the private sector to build or improve Arizona transportation facilities.

Submissions to the Request for Information for the South Mountain Freeway and RSVPs for the industry forum can be submitted electronically to P3Office@azdot.gov.

For more information on ADOT’s public-private partnership program, or for a copy of the Request for Information, visit azdot.gov/P3.