9:00 A.M. CONVENE MEETING
Safety Briefing Staff will provide general safety instruction.
Resolution Resolution to extend sympathy to the relatives of Cesar "Alex" Martinez, an employee of the Amarillo District, who died while performing his duties with the Texas Department of Transportation
Consider the approval of the Minutes of the July 26, 2018, regular meeting of the Texas Transportation Commission
Acknowledgment of Service Recognize by resolution Larry D. Tegtmeyer, P.E., Wichita Falls District Engineer, for 34 years of service to the department
Recognize by resolution Gregg A. Freeby, P.E., Bridge Division Director, 31 years of service to the department
Recognize by resolution Christopher D. Caron, P.E., Corpus Christi District Engineer, for 30 years of service to the department
Contracts Consider the award or rejection of contracts for highway construction and maintenance, and construction and rehabilitation of buildings (Presentation) These proposed minute orders contain information concerning the receipt of bids for highway improvement contracts. The department may reschedule receipt of bids for those projects where the commission rejects all bids. Those bids accepted by the commission will result in conditional contract awards to the low bidders. Contract award conditions may involve securing funding from other sources, the contractor's ability to satisfy federal DBE subcontracting requirements, or other requirements as outlined in the project bid proposal. Construction of Highways and Other Transportation Facilities (see attached itemized list) (MO)
Highway Maintenance (see attached itemized list) (MO)
Construction and Rehabilitation of Buildings (see attached itemized list) (MO)
Unified Transportation Program (UTP) Consider the approval of the 2019 UTP (MO) (Presentation) The UTP is a 10-year statewide plan for transportation project development. The Project Selection Process (PSP) is approved annually and describes the funding categories and process for selecting transportation projects. This minute order approves the 2019 UTP for fiscal years 2019-2028 as well as the PSP for the 2019 UTP.
Statewide Transportation Improvement Program (STIP) Various Counties - Consider the approval of the Fiscal Year 2019-2022 STIP (MO) Federal law requires each state to prepare a four-year program of surface transportation projects. The STIP is developed in cooperation with metropolitan planning organizations and with input from local entities and the public. The STIP is constrained to the anticipated federal, state, local, and private sector funds that will be available for the time period.
Financial Management Consider the adoption of the Fiscal Year 2019 Budget (MO) (Presentation) This minute order adopts the department’s annual budget as prescribed by the General Appropriations Act.
Legislative Appropriations Request (LAR) Consider the adoption of the Texas Department of Transportation's Fiscal Year 2020-2021 Legislative Appropriations Request (MO) (Presentation) Every two years the department is required to submit a Legislative Appropriations Request (LAR) for the upcoming biennium to be considered by the Texas Legislature. The proposed LAR describes the level of funding, method of finance, and FTEs associated with the department's strategies for the fiscal year 2020-2021 biennium. State law requires the department to deliver the LAR to the commission in an open meeting not later than the 30th day before the date the department submits the LAR to the Legislative Budget Board and the Governor’s Office of Budget and Planning.
Aviation Various Counties - Consider the award of federal non-primary entitlement grant funding, and federal and state grant funding for airport improvement projects at various locations (MO) Federal law authorizes the award of federal non-primary entitlement grant funding and federal state apportionment grant funding to preserve and improve the state's general aviation system. State law authorizes the award of state grant funding for capital improvement projects.
Various Counties - Consider the approval of the Routine Airport Maintenance Program (MO) State law authorizes the award of state funding for routine airport maintenance projects.
Various Counties - Consider the approval of the Aviation Capital Improvement Program (MO) (Presentation) The Texas Department of Transportation is required to prepare and update annually a three-year aviation facilities capital improvement program.
Public Transportation Galveston County - Consider the award of federal Section 5339 and Section 5311 grant funds to Gulf Coast Center (MO) Gulf Coast Center has accepted responsibility as the rural transit district for Galveston County. The awards identified in this minute order reflect the allocation of funds originally awarded to Galveston County Rural Transit District under prior actions of the commission to Gulf Coast Center.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Proposed Adoption Chapter 15 - Financing and Construction of Transportation Projects Amendments to §15.182, Eligibility, §15.188, Application Procedure, and §15.192, Payment of Money (County Transportation Infrastructure Fund Grant Program) (MO) In accordance with Senate Bill 1305, 85th Legislature, Regular Session, 2017, the proposed amendments eliminate references to county transportation energy reinvestment zones and related advisory boards.
Final Adoption Chapter 2 - Environmental Review of Transportation Projects Amendments to §§2.5, 2.7, 2.14 (General Provisions), §§2.43, 2.45, 2.49 (Environmental Review Process for Highway Projects), §§2.81, 2.83-2.85 (Requirements for Classes of Projects), §2.101, §2.103, and §§2.105-2.110 (Public Participation); Repeal of §2.12 (General Provisions), §2.104 (Public Participation), and §2.131 (Requirements for Specific Types of Projects and Programs); New §2.104 (Public Participation); and Withdrawal of Proposed Amendments to §2.102 (MO) These changes implement Senate Bill 312, Section 21, 85th Legislature, Regular Session, 2017, requiring a hearing for projects that substantially change the layout or function of a connecting roadway or an existing facility, including the addition of managed lanes, high-occupancy vehicle lanes, bicycle lanes, bus lanes, and transit lanes. They also add clarity, correct inconsistencies, eliminate unnecessary rule language, more accurately implement statutory requirements, and generally further streamline and improve the environmental review process.
Chapter 9 - Contract and Grant Management Amendments to §§9.300-9.302, 9.305, 9.314, 9.316, 9.325, and 9.330, Small Business Enterprise (SBE) Program (MO) The amendments are necessary to implement recommendations from the Texas Sunset Advisory Commission that required the department to evaluate the Small Business Enterprise program, and will allow the department to continue providing meaningful contracting opportunities for small businesses. The amendments also include minor technical corrections to various provisions.
Promulgation of Administrative Rules (continued) Final Adoption (continued) Chapter 9 - Contract and Grant Management Amendments to §9.2, Contract Claim Procedure, §9.12, Qualification of Bidders, §9.13, Notice of Letting and Issuance of Bid Forms, §9.15, Acceptance, Rejection, and Reading of Bids, and §9.17, Award of Contract; New §9.22, Liquidated Damages, §9.23, Evaluation and Monitoring of Contract Performance, §9.24, Performance Review Committee and Actions, §9.25, Appeal of Remedial Action, and §9.26, Inclusion of Contract Remedies in Contracts; Repeal of §§9.101-9.115 (MO) (Presentation) These rules implement the requirements of Senate Bill 312, 85th Legislature, Regular Session, 2017, (Transportation Code §223.012). Additionally, minor changes are made to update existing rules to reflect current department practices.
Chapter 10 - Ethical Conduct by Entities Doing Business with the Department Amendments to §§10.1, 10.2, 10.5, and 10.7 (General Provisions); §§10.101 and 10.102 (Required Conduct by Entities Doing Business with the Department); and §§10.251 - 10.254, 10.256, and 10.257 (Sanctions for Ethical Violations by Other Entities); Repeal of §§10.151 - 10.160 (Score Reduction for Ethical Violations by Architectural, Engineering, and Surveying Service Providers); §§10.201 - 10.206 (Removal of Precertification of Architectural, Engineering, and Surveying Service Providers for Ethical Violations); and §10.255, Application of Sanction (MO) To implement the requirements of Senate Bill 312, 85th Legislature, Regular Session, 2017, the department is reorganizing its rules governing contractor performance and required ethical conduct by entities doing business with the department. Amendments establish one department-wide process for sanctioning an entity doing business with the department for a violation of required ethical conduct and revise the required conduct for entities doing business with the department to align with conduct requirements in other chapters of department rules and with contractor business ethics and conduct requirements for federal contracts.
Design-Build Contract Hidalgo County - I-2/I-69C Interchange Project - Consider authorizing the department to issue a request for proposals for the design, development, construction, and potential maintenance of the I-2/I-69C Interchange Project as a non-tolled project, which provides for improvements to the I-2/I-69C interchange and operational improvements to I-2 and I-69C in McAllen, Pharr, and San Juan (the I-2/I-69C Interchange Project); and consider approving stipulated amounts as payment for the work product of unsuccessful proposers (MO) (Presentation) On May 24, 2018, in Minute Order 115221, the commission authorized the department to issue a request for qualifications for the design, development, construction, and potential maintenance of the I-2/I-69C Interchange Project. This minute order continues the procurement process by authorizing the issuance of a request for proposals for the project, and approves stipulated amounts for the payment of work product of responsive, unsuccessful proposers.
Toll Projects Various Counties - Consider issuing an order prohibiting the operation of certain motor vehicles on Texas Department of Transportation toll projects (MO) Transportation Code, Section 372.110, authorizes the commission to issue an order prohibiting the operation of a motor vehicle on a department toll project if the registered owner of the vehicle has been finally determined to be a habitual violator, subject to certain notice requirements. A person commits an offense if the person operates a motor vehicle on a toll project in violation of the order. Subsequent offenses may result in impoundment of the vehicle.
Audit Plan Consider the approval of the Internal Audit Work Plan and the Compliance Work Plan for Fiscal Year 2019 and determine whether adequate resources have been dedicated to the internal audit and the compliance programs (MO) (Presentation) State law requires the internal auditor to create an annual audit plan that is prepared using risk assessment techniques and that identifies the individual audits to be conducted during the year. The audit plan must be approved by the commission. In addition, the commission must review the resources dedicated to the internal audit program and determine if adequate resources exist to ensure that risks identified in the annual risk assessment are covered in a reasonable timeframe. The Compliance Division has developed a work plan of external audits for fiscal year 2019. This compliance work plan was developed to implement Transportation Code, Chapter 201, Subchapter F-1, and is designed with engagements and activities focused on preventing and detecting serious breaches of department policy, fraud, waste, and abuse of office.
Eminent Domain Proceedings Various Counties - Consider the authorization of the filing of condemnation proceedings to acquire real property by eminent domain for non-controlled and controlled access highways (see attached itemized list) (MO) Commission findings, determinations, and authorizations for the state, by motion made in accordance with Senate Bill 18 (82nd Legislature), to acquire by eminent domain, upon the payment of adequate and just compensation, various ownership interests in specific parcels of real property that are needed to develop or improve both non-controlled and controlled access state highways, to include requesting the state attorney general to bring and pursue condemnation suits relating to those specific parcels of real property described in the attached itemized list.
Routine Minute Orders and Reports (continued) e. Designation of Access Control (1) Denton County - SH 114 westbound frontage road approximately 0.6 miles east of FM 156 - Consider the designation of one location on the frontage road at which access will be permitted to the abutting property (MO) The designation of one 32-foot break in the control of access line will allow the abutting landowner one location for access, permitting access to and from the frontage road. The district has determined that access may be permitted at the designated location. (2) Tarrant County - I-35W and US 287, north of the I-35W/US 287 interchange and south of the North Tarrant Parkway - Consider the designation of seven locations on the frontage roads at which access will be permitted to the abutting property (MO) The designation of three 50-foot breaks on US 287 and two 100-foot and two 50-foot breaks on I-35W in the control of access lines will allow the abutting landowner to open seven proposed driveway locations for access, permitting access to and from the frontage roads. The district has determined that access may be permitted at the designated locations. f. Audit Subcommittee Charter Consider the approval of updates to the Audit Subcommittee Charter (MO) g. Speed Zones Various Counties - Consider the establishment or alteration of regulatory and construction speed zones on various sections of highways in the state (MO) This minute order establishes or alters regulatory and construction speed zones on various sections of highways in the state.
Item 18 - Executive Session, Open Comment, & Adjourn
Executive Session Pursuant to Government Code, Chapter 551 Section 551.071 - Consultation with and advice from legal counsel regarding any item on this agenda, pending or contemplated litigation, or other legal matters. OPEN COMMENT PERIOD - At the conclusion of all other agenda items, the commission will allow an open comment period, not to exceed one hour, to receive public comment on any other matter that is under the jurisdiction of the department. No action will be taken. Each speaker will be allowed a maximum of three minutes. Speakers must be signed up prior to the beginning of the open comment period. ADJOURN
9:00 A.M. CONVENE MEETING
Safety Briefing Staff will provide general safety instruction.
Resolution Resolution to extend sympathy to the relatives of Cesar "Alex" Martinez, an employee of the Amarillo District, who died while performing his duties with the Texas Department of Transportation
Consider the approval of the Minutes of the July 26, 2018, regular meeting of the Texas Transportation Commission
Acknowledgment of Service Recognize by resolution Larry D. Tegtmeyer, P.E., Wichita Falls District Engineer, for 34 years of service to the department
Recognize by resolution Gregg A. Freeby, P.E., Bridge Division Director, 31 years of service to the department
Recognize by resolution Christopher D. Caron, P.E., Corpus Christi District Engineer, for 30 years of service to the department
Contracts Consider the award or rejection of contracts for highway construction and maintenance, and construction and rehabilitation of buildings (Presentation) These proposed minute orders contain information concerning the receipt of bids for highway improvement contracts. The department may reschedule receipt of bids for those projects where the commission rejects all bids. Those bids accepted by the commission will result in conditional contract awards to the low bidders. Contract award conditions may involve securing funding from other sources, the contractor's ability to satisfy federal DBE subcontracting requirements, or other requirements as outlined in the project bid proposal. Construction of Highways and Other Transportation Facilities (see attached itemized list) (MO)
Highway Maintenance (see attached itemized list) (MO)
Construction and Rehabilitation of Buildings (see attached itemized list) (MO)
Unified Transportation Program (UTP) Consider the approval of the 2019 UTP (MO) (Presentation) The UTP is a 10-year statewide plan for transportation project development. The Project Selection Process (PSP) is approved annually and describes the funding categories and process for selecting transportation projects. This minute order approves the 2019 UTP for fiscal years 2019-2028 as well as the PSP for the 2019 UTP.
Statewide Transportation Improvement Program (STIP) Various Counties - Consider the approval of the Fiscal Year 2019-2022 STIP (MO) Federal law requires each state to prepare a four-year program of surface transportation projects. The STIP is developed in cooperation with metropolitan planning organizations and with input from local entities and the public. The STIP is constrained to the anticipated federal, state, local, and private sector funds that will be available for the time period.
Financial Management Consider the adoption of the Fiscal Year 2019 Budget (MO) (Presentation) This minute order adopts the department’s annual budget as prescribed by the General Appropriations Act.
Legislative Appropriations Request (LAR) Consider the adoption of the Texas Department of Transportation's Fiscal Year 2020-2021 Legislative Appropriations Request (MO) (Presentation) Every two years the department is required to submit a Legislative Appropriations Request (LAR) for the upcoming biennium to be considered by the Texas Legislature. The proposed LAR describes the level of funding, method of finance, and FTEs associated with the department's strategies for the fiscal year 2020-2021 biennium. State law requires the department to deliver the LAR to the commission in an open meeting not later than the 30th day before the date the department submits the LAR to the Legislative Budget Board and the Governor’s Office of Budget and Planning.
Aviation Various Counties - Consider the award of federal non-primary entitlement grant funding, and federal and state grant funding for airport improvement projects at various locations (MO) Federal law authorizes the award of federal non-primary entitlement grant funding and federal state apportionment grant funding to preserve and improve the state's general aviation system. State law authorizes the award of state grant funding for capital improvement projects.
Various Counties - Consider the approval of the Routine Airport Maintenance Program (MO) State law authorizes the award of state funding for routine airport maintenance projects.
Various Counties - Consider the approval of the Aviation Capital Improvement Program (MO) (Presentation) The Texas Department of Transportation is required to prepare and update annually a three-year aviation facilities capital improvement program.
Public Transportation Galveston County - Consider the award of federal Section 5339 and Section 5311 grant funds to Gulf Coast Center (MO) Gulf Coast Center has accepted responsibility as the rural transit district for Galveston County. The awards identified in this minute order reflect the allocation of funds originally awarded to Galveston County Rural Transit District under prior actions of the commission to Gulf Coast Center.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Proposed Adoption Chapter 15 - Financing and Construction of Transportation Projects Amendments to §15.182, Eligibility, §15.188, Application Procedure, and §15.192, Payment of Money (County Transportation Infrastructure Fund Grant Program) (MO) In accordance with Senate Bill 1305, 85th Legislature, Regular Session, 2017, the proposed amendments eliminate references to county transportation energy reinvestment zones and related advisory boards.
Final Adoption Chapter 2 - Environmental Review of Transportation Projects Amendments to §§2.5, 2.7, 2.14 (General Provisions), §§2.43, 2.45, 2.49 (Environmental Review Process for Highway Projects), §§2.81, 2.83-2.85 (Requirements for Classes of Projects), §2.101, §2.103, and §§2.105-2.110 (Public Participation); Repeal of §2.12 (General Provisions), §2.104 (Public Participation), and §2.131 (Requirements for Specific Types of Projects and Programs); New §2.104 (Public Participation); and Withdrawal of Proposed Amendments to §2.102 (MO) These changes implement Senate Bill 312, Section 21, 85th Legislature, Regular Session, 2017, requiring a hearing for projects that substantially change the layout or function of a connecting roadway or an existing facility, including the addition of managed lanes, high-occupancy vehicle lanes, bicycle lanes, bus lanes, and transit lanes. They also add clarity, correct inconsistencies, eliminate unnecessary rule language, more accurately implement statutory requirements, and generally further streamline and improve the environmental review process.
Chapter 9 - Contract and Grant Management Amendments to §§9.300-9.302, 9.305, 9.314, 9.316, 9.325, and 9.330, Small Business Enterprise (SBE) Program (MO) The amendments are necessary to implement recommendations from the Texas Sunset Advisory Commission that required the department to evaluate the Small Business Enterprise program, and will allow the department to continue providing meaningful contracting opportunities for small businesses. The amendments also include minor technical corrections to various provisions.
Promulgation of Administrative Rules (continued) Final Adoption (continued) Chapter 9 - Contract and Grant Management Amendments to §9.2, Contract Claim Procedure, §9.12, Qualification of Bidders, §9.13, Notice of Letting and Issuance of Bid Forms, §9.15, Acceptance, Rejection, and Reading of Bids, and §9.17, Award of Contract; New §9.22, Liquidated Damages, §9.23, Evaluation and Monitoring of Contract Performance, §9.24, Performance Review Committee and Actions, §9.25, Appeal of Remedial Action, and §9.26, Inclusion of Contract Remedies in Contracts; Repeal of §§9.101-9.115 (MO) (Presentation) These rules implement the requirements of Senate Bill 312, 85th Legislature, Regular Session, 2017, (Transportation Code §223.012). Additionally, minor changes are made to update existing rules to reflect current department practices.
Chapter 10 - Ethical Conduct by Entities Doing Business with the Department Amendments to §§10.1, 10.2, 10.5, and 10.7 (General Provisions); §§10.101 and 10.102 (Required Conduct by Entities Doing Business with the Department); and §§10.251 - 10.254, 10.256, and 10.257 (Sanctions for Ethical Violations by Other Entities); Repeal of §§10.151 - 10.160 (Score Reduction for Ethical Violations by Architectural, Engineering, and Surveying Service Providers); §§10.201 - 10.206 (Removal of Precertification of Architectural, Engineering, and Surveying Service Providers for Ethical Violations); and §10.255, Application of Sanction (MO) To implement the requirements of Senate Bill 312, 85th Legislature, Regular Session, 2017, the department is reorganizing its rules governing contractor performance and required ethical conduct by entities doing business with the department. Amendments establish one department-wide process for sanctioning an entity doing business with the department for a violation of required ethical conduct and revise the required conduct for entities doing business with the department to align with conduct requirements in other chapters of department rules and with contractor business ethics and conduct requirements for federal contracts.
Design-Build Contract Hidalgo County - I-2/I-69C Interchange Project - Consider authorizing the department to issue a request for proposals for the design, development, construction, and potential maintenance of the I-2/I-69C Interchange Project as a non-tolled project, which provides for improvements to the I-2/I-69C interchange and operational improvements to I-2 and I-69C in McAllen, Pharr, and San Juan (the I-2/I-69C Interchange Project); and consider approving stipulated amounts as payment for the work product of unsuccessful proposers (MO) (Presentation) On May 24, 2018, in Minute Order 115221, the commission authorized the department to issue a request for qualifications for the design, development, construction, and potential maintenance of the I-2/I-69C Interchange Project. This minute order continues the procurement process by authorizing the issuance of a request for proposals for the project, and approves stipulated amounts for the payment of work product of responsive, unsuccessful proposers.
Toll Projects Various Counties - Consider issuing an order prohibiting the operation of certain motor vehicles on Texas Department of Transportation toll projects (MO) Transportation Code, Section 372.110, authorizes the commission to issue an order prohibiting the operation of a motor vehicle on a department toll project if the registered owner of the vehicle has been finally determined to be a habitual violator, subject to certain notice requirements. A person commits an offense if the person operates a motor vehicle on a toll project in violation of the order. Subsequent offenses may result in impoundment of the vehicle.
Audit Plan Consider the approval of the Internal Audit Work Plan and the Compliance Work Plan for Fiscal Year 2019 and determine whether adequate resources have been dedicated to the internal audit and the compliance programs (MO) (Presentation) State law requires the internal auditor to create an annual audit plan that is prepared using risk assessment techniques and that identifies the individual audits to be conducted during the year. The audit plan must be approved by the commission. In addition, the commission must review the resources dedicated to the internal audit program and determine if adequate resources exist to ensure that risks identified in the annual risk assessment are covered in a reasonable timeframe. The Compliance Division has developed a work plan of external audits for fiscal year 2019. This compliance work plan was developed to implement Transportation Code, Chapter 201, Subchapter F-1, and is designed with engagements and activities focused on preventing and detecting serious breaches of department policy, fraud, waste, and abuse of office.
Eminent Domain Proceedings Various Counties - Consider the authorization of the filing of condemnation proceedings to acquire real property by eminent domain for non-controlled and controlled access highways (see attached itemized list) (MO) Commission findings, determinations, and authorizations for the state, by motion made in accordance with Senate Bill 18 (82nd Legislature), to acquire by eminent domain, upon the payment of adequate and just compensation, various ownership interests in specific parcels of real property that are needed to develop or improve both non-controlled and controlled access state highways, to include requesting the state attorney general to bring and pursue condemnation suits relating to those specific parcels of real property described in the attached itemized list.
Routine Minute Orders and Reports (continued) e. Designation of Access Control (1) Denton County - SH 114 westbound frontage road approximately 0.6 miles east of FM 156 - Consider the designation of one location on the frontage road at which access will be permitted to the abutting property (MO) The designation of one 32-foot break in the control of access line will allow the abutting landowner one location for access, permitting access to and from the frontage road. The district has determined that access may be permitted at the designated location. (2) Tarrant County - I-35W and US 287, north of the I-35W/US 287 interchange and south of the North Tarrant Parkway - Consider the designation of seven locations on the frontage roads at which access will be permitted to the abutting property (MO) The designation of three 50-foot breaks on US 287 and two 100-foot and two 50-foot breaks on I-35W in the control of access lines will allow the abutting landowner to open seven proposed driveway locations for access, permitting access to and from the frontage roads. The district has determined that access may be permitted at the designated locations. f. Audit Subcommittee Charter Consider the approval of updates to the Audit Subcommittee Charter (MO) g. Speed Zones Various Counties - Consider the establishment or alteration of regulatory and construction speed zones on various sections of highways in the state (MO) This minute order establishes or alters regulatory and construction speed zones on various sections of highways in the state.
Item 18 - Executive Session, Open Comment, & Adjourn
Executive Session Pursuant to Government Code, Chapter 551 Section 551.071 - Consultation with and advice from legal counsel regarding any item on this agenda, pending or contemplated litigation, or other legal matters. OPEN COMMENT PERIOD - At the conclusion of all other agenda items, the commission will allow an open comment period, not to exceed one hour, to receive public comment on any other matter that is under the jurisdiction of the department. No action will be taken. Each speaker will be allowed a maximum of three minutes. Speakers must be signed up prior to the beginning of the open comment period. ADJOURN