9:00 A.M. CONVENE MEETING
Safety Briefing Staff will provide general safety instruction.
Additional Item
Resolution recognizing recently retired State Representative Joseph C. Pickett, in honor of his decades of service and support of Texas transportation
I-69 Alliance - Polk County Judge Sydney Murphy
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.
Consider the approval of the Minutes of the December 13, 2018, regular meeting of the Texas Transportation Commission
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. a. Highway Improvement and Other Transportation Facilities (see attached itemized list) (MO)
Routine Maintenance (see attached itemized list) (MO)
Construction and Rehabilitation of Buildings (see attached itemized list) (MO)
Discussion Item Development of 2020 Unified Transportation Program (UTP) planning targets (Presentation) The UTP is a 10-year statewide plan for transportation project development. The purpose of this presentation is to facilitate a discussion of the 2020 UTP planning targets and investment strategy. The outcome will be a guidance document to be distributed to department districts, metropolitan planning organizations, and other planning partners for the development of the 2020 UTP.
US 183N Travis and Williamson Counties - Consider (i) authorizing the Central Texas Regional Mobility Authority (CTRMA) to use state-owned right of way to develop, construct, and operate two tolled managed lanes in each direction and related facilities along US 183 from SH 45 North/RM 620 to Loop 1 in Travis and Williamson Counties (the Managed Lanes Improvements); (ii) approving the connection of the Managed Lanes Improvements with a segment of the state highway system; (iii) authorizing CTRMA to develop, design, and construct as an improvement to the state highway system a fourth non-tolled general purpose lane in each direction and other non-tolled improvements to US 183 (the US 183 Improvements) along the same corridor; (iv) authorizing the department to reimburse the costs of the non-tolled US 183 Improvements with 100% federal funds while ensuring no funds from state funding, including sources commonly known as Proposition 1 and Proposition 7, are utilized, subject to public involvement and an update to the Unified Transportation Program allocating funds for the US 183 Improvements; (v) authorizing the executive director to enter into agreements and take all actions necessary to carry out the provisions of the minute order, while ensuring that funding from sources commonly known as Proposition 1 or Proposition 7 will not be used on either the Managed Lanes Improvements or the US 183 Improvements; and (vi) rescinding Minute Order 115078 adopted by the Texas Transportation Commission on October 26, 2017 (MO) (Presentation) This minute order will provide commission authorization for CTRMA to construct both its tolled Managed Lanes Improvements and the department’s non-tolled US 183 Improvements together as the 183 North Mobility Project under a single design-build construction contract. The minute order will authorize the department to reimburse the costs of the non-tolled US 183 Improvements with 100% federal funds, subject to required public involvement and an update to the UTP allocating funding for those improvements. No state funds, including funds from sources commonly known as Proposition 1 or Proposition 7, will be used for either the CTRMA’s Managed Lane Improvements or the department’s non-tolled US 183 Improvements. This minute order also rescinds Minute Order 115078, adopted by the commission on October 26, 2017, which would not have prohibited state funds from being used on the US 183 Improvements.
Transportation Planning (Presentation) Various Counties - Concurrence with the Regional Transportation Council of the North Central Texas Council of Governments' funding of construction and other project development costs of projects to be advanced through the use of payments received from the North Texas Tollway Authority in accordance with the SH 121 Toll Project Agreement (MO) The department has established a separate fund to account for and track projects and project costs funded with the SH 121 payments. This minute order authorizes the funding of additional project costs. The project costs to be funded were selected through a cooperative process with the Regional Transportation Council.
Various Counties - Concurrence with the Regional Transportation Council of the North Central Texas Council of Governments' funding of construction and other project development costs of projects to be advanced through the use of payments received from the North Texas Tollway Authority in accordance with the SH 161 Toll Project Agreement (MO) The department has established a separate fund to account for and track projects and project costs funded with the SH 161 payments. This minute order authorizes the funding of additional project costs. The project costs to be funded were selected through a cooperative process with the Regional Transportation Council.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Proposed Adoption Chapter 9 - Contract and Grant Management Amendments to §9.34, Comprehensive Process (MO) The department proposes amendments to Texas Administrative Code Title 43, Subchapter C, §9.34 related to Comprehensive Process. These amendments modify administrative qualification requirements for professional services contracts by establishing the requirements for bonus and incentive compensation to be allowed. The amendments also establish a process for the department to review and approve labor rates for use in negotiations for a 12-month period and clarify that this information will not be provided to negotiators before selection. Additionally, the amendments permit the department to extend the use of an approved indirect cost rate for an additional 90 days beyond the expiration date, if the department has received a provider’s annual administrative qualifications information prior to the expiration date. Finally, the amendments clarify that the indirect cost rate in effect at the time negotiations commence is the rate that will be utilized.
Rule Review Consider the re-adoption of Title 43, Texas Administrative Code, Chapter 10, Ethical Conduct by Entities Doing Business with the Department, and Chapter 16, Planning and Development of Transportation Projects, in accordance with Government Code, §2001.039 (MO) State law requires a state agency to review each of its rules every four years. After the review, the agency must readopt the rule, readopt the rule with amendments, or repeal the rule. The department reviews its rules on a rotating basis.
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 a. Donations to the Department Various Districts - Consider the acknowledgment of donations with a value of $500 or more, including donations of money, materials, services, or real property, that are made to the department for the purpose of assisting the department in carrying out its functions and duties or for improving access to or from a highway on the state highway system (see attached itemized list) (MO) State statutes require the commission to acknowledge the acceptance of a gift to the department that is valued at $500 or more. By the adoption of this minute order, the commission acknowledges the receipt and acceptance of the property specified in the minute order. 10. Routine Minute Orders and Reports (continued) b. Real Estate Dispositions The commission must approve the sales, transfers, and exchanges of state rights of way and other real properties that are no longer needed for a state highway purpose. It must also approve, accept, and acknowledge donations to the state of real property that is valued at $500 or more. (1) Lamar County - SL 286, .54 miles east of FM 195 in Paris - Consider rescinding and replacing Minute Order 115358, dated October 25, 2018, to correct exhibits (MO) The legal description in Exhibit A to Minute Order 115358 was incorrect. This minute order rescinds and replaces Minute Order 115358 to include the correct exhibits. (2) Tarrant County - I-30 and Riverside Drive in Fort Worth - Consider the sale of right of way to an abutting landowner (MO) The district has determined that the land is no longer needed for highway purposes. An abutting landowner has requested to purchase the land, and it may be sold to the requester. (3) Tarrant County - SH 183 and Fuller in Euless - Consider the sale of right of way to the City of Euless (MO) The district has determined that the land is no longer needed for highway purposes. The City of Euless (city) has requested to purchase the land, and it may be sold to the city. (4) Williamson County - SL 332, a bypass of State Highway 29 in Liberty Hill - Consider the removal from the system and transfer of control, jurisdiction, and maintenance, and quitclaim of right of way to the City of Liberty Hill (MO) The district has determined that a segment of the highway is no longer needed as part of the highway system. The City of Liberty Hill (city) has agreed to assume control, jurisdiction, and maintenance. The right of way may be quitclaimed to the city. c. Reports (1) Compliance Division report State law requires the commission to establish a compliance program, which must include a Compliance Division to oversee the program. The Compliance Division is responsible for acting to prevent and detect serious breaches of department policy, fraud, waste, and abuse of office, including any acts of criminal conduct within the department. The Compliance Division is required to provide a monthly report to the commission regarding investigations and a summary of information relating to trends and recommendations. (2) Letting Allocation Status report Quarterly status report on the FY 2018 letting allocation, the actual allocation utilized through the current month, and proposed remaining highway maintenance and construction contract letting for the fiscal year (Report) This report will provide the current overall allocation status, by district and metropolitan planning organization, of the FY 2018 letting allocation and will also provide the anticipated effect on the letting allocation of remaining proposed highway maintenance and construction letting. (3) Quarterly report on FY 2018 State Highway Fund 6 cash status (Report) This report updates the commission on the year-to-date cash balance and activity of Fund 6. The report will include original projections and actual revenues/inflows and expenditures/outflows on a cash basis. Routine Minute Orders and Reports (continued) c. Reports (continued) (4) Texas Department of Transportation Annual Financial Report (With Independent Auditor’s Report) for the Fiscal Year Ended August 31, 2018 (Report) State law requires that a state agency prepare an annual financial report regarding the agency’s use of appropriated money during the preceding fiscal year. In addition, the department is required to have an independent certified public accountant audit the department's books and accounts for each toll project or system at least annually, and is required to submit an agency report to the Sunset Advisory Commission, in certain years, that includes a financial audit conducted by an independent certified public accountant. d. Finance (1) Quarterly Investment Report Consider the acceptance of the Quarterly Investment Report (MO) This minute order recognizes the presentation and commission’s acceptance of the quarterly investment report for the investment of funds held by the Bank of New York Mellon, as trustee, under the Central Texas Turnpike System master trust indenture; funds for the pre-paid TxTag account held by the Bank of New York Mellon, acting as custodian; and funds related to obligations issued for the IH 35E Project under a Trust Agreement by and between Amegy Bank, a Division of ZB, National Association, as trustee, and the department. (2) Consider the acceptance of the audited financial statements of the Texas Mobility Fund as required by the governing master resolution (MO) The master resolution governing the issuance of Texas Mobility Fund (TMF) bonds requires the preparation of an audited financial report of the TMF for each fiscal year. Audited financial statements have been prepared for FY 2018. (3) Travis and Williamson Counties - Consider the acceptance of the audited financial statements of the Central Texas Turnpike System (CTTS), as required by the CTTS Indenture of Trust (MO) The Indenture of Trust as supplemented by the Amended and Restated Seventh Supplemental Indenture of Trust that prescribes the terms for bonds and obligations issued to finance CTTS, a toll project comprised of the SH 130, Segments 1-4, SH 45N, SH 45SE, and Loop 1 project elements, requires the preparation of a financial report of the results of operation of the system for each fiscal year. Audited financial statements meeting the requirements of the Indenture have been prepared for FY 2018. (4) Travis and Williamson Counties - Consider the acceptance of the Quarterly Report of Actual Traffic and Toll Revenue for the Central Texas Turnpike System (MO) Report of actual traffic and revenue for the Central Texas Turnpike System as of November 30, 2018. e. 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 11- 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.
Additional Item
Resolution recognizing recently retired State Representative Joseph C. Pickett, in honor of his decades of service and support of Texas transportation
I-69 Alliance - Polk County Judge Sydney Murphy
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.
Consider the approval of the Minutes of the December 13, 2018, regular meeting of the Texas Transportation Commission
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. a. Highway Improvement and Other Transportation Facilities (see attached itemized list) (MO)
Routine Maintenance (see attached itemized list) (MO)
Construction and Rehabilitation of Buildings (see attached itemized list) (MO)
Discussion Item Development of 2020 Unified Transportation Program (UTP) planning targets (Presentation) The UTP is a 10-year statewide plan for transportation project development. The purpose of this presentation is to facilitate a discussion of the 2020 UTP planning targets and investment strategy. The outcome will be a guidance document to be distributed to department districts, metropolitan planning organizations, and other planning partners for the development of the 2020 UTP.
US 183N Travis and Williamson Counties - Consider (i) authorizing the Central Texas Regional Mobility Authority (CTRMA) to use state-owned right of way to develop, construct, and operate two tolled managed lanes in each direction and related facilities along US 183 from SH 45 North/RM 620 to Loop 1 in Travis and Williamson Counties (the Managed Lanes Improvements); (ii) approving the connection of the Managed Lanes Improvements with a segment of the state highway system; (iii) authorizing CTRMA to develop, design, and construct as an improvement to the state highway system a fourth non-tolled general purpose lane in each direction and other non-tolled improvements to US 183 (the US 183 Improvements) along the same corridor; (iv) authorizing the department to reimburse the costs of the non-tolled US 183 Improvements with 100% federal funds while ensuring no funds from state funding, including sources commonly known as Proposition 1 and Proposition 7, are utilized, subject to public involvement and an update to the Unified Transportation Program allocating funds for the US 183 Improvements; (v) authorizing the executive director to enter into agreements and take all actions necessary to carry out the provisions of the minute order, while ensuring that funding from sources commonly known as Proposition 1 or Proposition 7 will not be used on either the Managed Lanes Improvements or the US 183 Improvements; and (vi) rescinding Minute Order 115078 adopted by the Texas Transportation Commission on October 26, 2017 (MO) (Presentation) This minute order will provide commission authorization for CTRMA to construct both its tolled Managed Lanes Improvements and the department’s non-tolled US 183 Improvements together as the 183 North Mobility Project under a single design-build construction contract. The minute order will authorize the department to reimburse the costs of the non-tolled US 183 Improvements with 100% federal funds, subject to required public involvement and an update to the UTP allocating funding for those improvements. No state funds, including funds from sources commonly known as Proposition 1 or Proposition 7, will be used for either the CTRMA’s Managed Lane Improvements or the department’s non-tolled US 183 Improvements. This minute order also rescinds Minute Order 115078, adopted by the commission on October 26, 2017, which would not have prohibited state funds from being used on the US 183 Improvements.
Transportation Planning (Presentation) Various Counties - Concurrence with the Regional Transportation Council of the North Central Texas Council of Governments' funding of construction and other project development costs of projects to be advanced through the use of payments received from the North Texas Tollway Authority in accordance with the SH 121 Toll Project Agreement (MO) The department has established a separate fund to account for and track projects and project costs funded with the SH 121 payments. This minute order authorizes the funding of additional project costs. The project costs to be funded were selected through a cooperative process with the Regional Transportation Council.
Various Counties - Concurrence with the Regional Transportation Council of the North Central Texas Council of Governments' funding of construction and other project development costs of projects to be advanced through the use of payments received from the North Texas Tollway Authority in accordance with the SH 161 Toll Project Agreement (MO) The department has established a separate fund to account for and track projects and project costs funded with the SH 161 payments. This minute order authorizes the funding of additional project costs. The project costs to be funded were selected through a cooperative process with the Regional Transportation Council.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Proposed Adoption Chapter 9 - Contract and Grant Management Amendments to §9.34, Comprehensive Process (MO) The department proposes amendments to Texas Administrative Code Title 43, Subchapter C, §9.34 related to Comprehensive Process. These amendments modify administrative qualification requirements for professional services contracts by establishing the requirements for bonus and incentive compensation to be allowed. The amendments also establish a process for the department to review and approve labor rates for use in negotiations for a 12-month period and clarify that this information will not be provided to negotiators before selection. Additionally, the amendments permit the department to extend the use of an approved indirect cost rate for an additional 90 days beyond the expiration date, if the department has received a provider’s annual administrative qualifications information prior to the expiration date. Finally, the amendments clarify that the indirect cost rate in effect at the time negotiations commence is the rate that will be utilized.
Rule Review Consider the re-adoption of Title 43, Texas Administrative Code, Chapter 10, Ethical Conduct by Entities Doing Business with the Department, and Chapter 16, Planning and Development of Transportation Projects, in accordance with Government Code, §2001.039 (MO) State law requires a state agency to review each of its rules every four years. After the review, the agency must readopt the rule, readopt the rule with amendments, or repeal the rule. The department reviews its rules on a rotating basis.
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 a. Donations to the Department Various Districts - Consider the acknowledgment of donations with a value of $500 or more, including donations of money, materials, services, or real property, that are made to the department for the purpose of assisting the department in carrying out its functions and duties or for improving access to or from a highway on the state highway system (see attached itemized list) (MO) State statutes require the commission to acknowledge the acceptance of a gift to the department that is valued at $500 or more. By the adoption of this minute order, the commission acknowledges the receipt and acceptance of the property specified in the minute order. 10. Routine Minute Orders and Reports (continued) b. Real Estate Dispositions The commission must approve the sales, transfers, and exchanges of state rights of way and other real properties that are no longer needed for a state highway purpose. It must also approve, accept, and acknowledge donations to the state of real property that is valued at $500 or more. (1) Lamar County - SL 286, .54 miles east of FM 195 in Paris - Consider rescinding and replacing Minute Order 115358, dated October 25, 2018, to correct exhibits (MO) The legal description in Exhibit A to Minute Order 115358 was incorrect. This minute order rescinds and replaces Minute Order 115358 to include the correct exhibits. (2) Tarrant County - I-30 and Riverside Drive in Fort Worth - Consider the sale of right of way to an abutting landowner (MO) The district has determined that the land is no longer needed for highway purposes. An abutting landowner has requested to purchase the land, and it may be sold to the requester. (3) Tarrant County - SH 183 and Fuller in Euless - Consider the sale of right of way to the City of Euless (MO) The district has determined that the land is no longer needed for highway purposes. The City of Euless (city) has requested to purchase the land, and it may be sold to the city. (4) Williamson County - SL 332, a bypass of State Highway 29 in Liberty Hill - Consider the removal from the system and transfer of control, jurisdiction, and maintenance, and quitclaim of right of way to the City of Liberty Hill (MO) The district has determined that a segment of the highway is no longer needed as part of the highway system. The City of Liberty Hill (city) has agreed to assume control, jurisdiction, and maintenance. The right of way may be quitclaimed to the city. c. Reports (1) Compliance Division report State law requires the commission to establish a compliance program, which must include a Compliance Division to oversee the program. The Compliance Division is responsible for acting to prevent and detect serious breaches of department policy, fraud, waste, and abuse of office, including any acts of criminal conduct within the department. The Compliance Division is required to provide a monthly report to the commission regarding investigations and a summary of information relating to trends and recommendations. (2) Letting Allocation Status report Quarterly status report on the FY 2018 letting allocation, the actual allocation utilized through the current month, and proposed remaining highway maintenance and construction contract letting for the fiscal year (Report) This report will provide the current overall allocation status, by district and metropolitan planning organization, of the FY 2018 letting allocation and will also provide the anticipated effect on the letting allocation of remaining proposed highway maintenance and construction letting. (3) Quarterly report on FY 2018 State Highway Fund 6 cash status (Report) This report updates the commission on the year-to-date cash balance and activity of Fund 6. The report will include original projections and actual revenues/inflows and expenditures/outflows on a cash basis. Routine Minute Orders and Reports (continued) c. Reports (continued) (4) Texas Department of Transportation Annual Financial Report (With Independent Auditor’s Report) for the Fiscal Year Ended August 31, 2018 (Report) State law requires that a state agency prepare an annual financial report regarding the agency’s use of appropriated money during the preceding fiscal year. In addition, the department is required to have an independent certified public accountant audit the department's books and accounts for each toll project or system at least annually, and is required to submit an agency report to the Sunset Advisory Commission, in certain years, that includes a financial audit conducted by an independent certified public accountant. d. Finance (1) Quarterly Investment Report Consider the acceptance of the Quarterly Investment Report (MO) This minute order recognizes the presentation and commission’s acceptance of the quarterly investment report for the investment of funds held by the Bank of New York Mellon, as trustee, under the Central Texas Turnpike System master trust indenture; funds for the pre-paid TxTag account held by the Bank of New York Mellon, acting as custodian; and funds related to obligations issued for the IH 35E Project under a Trust Agreement by and between Amegy Bank, a Division of ZB, National Association, as trustee, and the department. (2) Consider the acceptance of the audited financial statements of the Texas Mobility Fund as required by the governing master resolution (MO) The master resolution governing the issuance of Texas Mobility Fund (TMF) bonds requires the preparation of an audited financial report of the TMF for each fiscal year. Audited financial statements have been prepared for FY 2018. (3) Travis and Williamson Counties - Consider the acceptance of the audited financial statements of the Central Texas Turnpike System (CTTS), as required by the CTTS Indenture of Trust (MO) The Indenture of Trust as supplemented by the Amended and Restated Seventh Supplemental Indenture of Trust that prescribes the terms for bonds and obligations issued to finance CTTS, a toll project comprised of the SH 130, Segments 1-4, SH 45N, SH 45SE, and Loop 1 project elements, requires the preparation of a financial report of the results of operation of the system for each fiscal year. Audited financial statements meeting the requirements of the Indenture have been prepared for FY 2018. (4) Travis and Williamson Counties - Consider the acceptance of the Quarterly Report of Actual Traffic and Toll Revenue for the Central Texas Turnpike System (MO) Report of actual traffic and revenue for the Central Texas Turnpike System as of November 30, 2018. e. 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 11- 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