9:00 A.M. CONVENE MEETING
Meeting Guidelines Staff will provide instruction and guidance on procedures for the meeting.
Consider the approval of the Minutes of the March 26, 2020, 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 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. Highway Improvement and Other Transportation Facilities (MO) (see attached itemized list)
Routine Maintenance (MO) (see attached itemized list)
Unified Transportation Program Consider the approval of updates to the 2020 Unified Transportation Program (UTP) (MO) (Presentation) The UTP is a 10-year statewide plan for transportation project development. The commission approved the 2020 UTP in August of 2019. This minute order allocates funding for the I-35 Capital Express Project in the Austin District.
Aviation Various Counties - Consider the award of federal non-primary entitlement grant funding, federal apportionment grant funding, 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 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.
Design Build Contracts Travis County - Consider approving the selection of the proposer who submitted the best value proposal, and the conditional award of a design-build contract to the selected proposer, for the design and construction of the Oak Hill Parkway Project, consisting of non-tolled improvements along US 290 from approximately the east end of Circle Drive to Loop 1, and non-tolled improvements along SH 71 from US 290 to Silvermine Drive, including the reconstruction of the US 290 and SH 71 interchange, and the addition of frontage roads and grade separations at major intersections, in Austin and southwest Travis County; and consider authorizing the executive director of the department to negotiate and execute a design-build contract with the selected proposer, subject to funding availability in excess of estimated costs (MO) (Presentation) On December 13, 2018, in Minute Order 115392, the commission authorized the department to issue a request for proposals for the design, development, and construction of the Oak Hill Parkway Project (a Texas Clear Lanes project). The department has completed its review and evaluation of proposals and is presenting its best value recommendation to the commission.
Dallas County - I-35E Phase 2 Project - Consider authorizing the department to issue a request for qualifications to design, construct, and maintain the I-35E Phase 2 Project, consisting of the full reconstruction and widening of the I-35E corridor from I-635 to the Denton County line in Dallas County, and “grandfathering” the existing two reversible toll managed lanes with no new toll lanes. The project includes the addition of one general purpose lane and one frontage road lane in each direction. The project will not include funding from either Proposition 1 or Proposition 7. (MO) (Presentation) Transportation Code § 223.242 authorizes the department to enter into, in each state fiscal biennium, up to six design-build contracts for highway projects with a construction cost estimate of $150 million or more. The I-35E Phase 2 Project is a crucial element to providing system continuity and improving safety and mobility in this corridor, which is ranked 60 on the Top 100 most congested list. This project meets the requirements for design-build delivery.
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. 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) Angelina County - SL 266 - Consider the removal from the system, transfer of jurisdiction, control, and maintenance, and quitclaim of right of way to the City of Lufkin (MO) The district has determined that a segment of right of way is no longer needed as part of the system. The City of Lufkin (city) has agreed to assume jurisdiction, control, and maintenance and has requested that the right of way be quitclaimed to the city. The right of way may be quitclaimed to the city because there is no record title to the property. b. Real Estate Dispositions (continued) (2) Angelina County - SL 266 - Consider the removal from the system, transfer of jurisdiction, control, and maintenance, and transfer of right of way to the City of Lufkin (MO) The district has determined that a segment of right of way is no longer needed as part of the system. The City of Lufkin (city) has agreed to assume jurisdiction, control, and maintenance and has requested that the right of way be transferred to the city. The right of way may be transferred to the city without cost to remain in use for public road purposes, and it will revert to the state if it ceases to be used for public road purposes. (3) Bexar County - FM 1516 and FM 3502 - Consider the removal from the system, transfer of jurisdiction, control, and maintenance, and transfer of right of way to the City of Converse (MO) The district has determined that a segment is no longer needed as part of the system. The City of Converse (city) has agreed to assume jurisdiction, control, and maintenance and has requested that the right of way be transferred to the city. The right of way may be transferred to the city without cost to remain in use for public road purposes and will revert to the state if it ceases to be used for public road purposes. (4) Chambers County - SL 207 - Consider the exchange of right of way pursuant to an exchange agreement (MO) The district has determined that the land to be conveyed by the state in the exchange is no longer needed for a state highway purpose. The governor, on the recommendation of the commission, may execute a deed exchanging an interest in real property acquired but not needed for a highway purpose as whole or partial consideration for another interest in real property needed for a state highway purpose. (5) Comanche County - US 67 - Consider the quitclaim of the state’s interest including mineral rights, if any, to comply with a reversionary clause contained in the instrument that originally conveyed the interest to the state (MO) The district has determined that the tract is no longer needed for highway purposes. The district has requested that the tract be quitclaimed to honor the reversionary clause. (6) El Paso County - SL 375, Border West Expressway - Consider the exchange of an easement as part of a transaction to acquire an easement needed for a state highway purpose (MO) The district has determined that the easement to be conveyed by the state in the exchange is no longer needed for a state highway purpose. The governor, on the recommendation of the commission, may execute a deed exchanging an interest in real property acquired but not needed for a highway purpose as whole or partial consideration for another interest in real property needed for a state highway purpose. (7) Hood County - SH 377 - Consider an easement release to the underlying fee owner (MO) The district has determined that the easement is no longer needed for highway purposes. The easement may be released to the underlying fee owner. (8) Live Oak County - US 281 - Consider the sale of right of way to the George West Independent School District (MO) The district has determined that the land is no longer needed for highway purposes. The school district has requested to purchase the land, and it may be sold to the school district. Routine Minute Orders and Reports (continued) 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 2020 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 2020 letting allocation and will also provide the anticipated effect on the letting allocation of remaining proposed highway maintenance and construction letting. (3) Quarterly Cash Report Quarterly report on FY 2020 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. (4) Quarterly Investment Report Quarterly Investment Report for all of the funds invested at the direction of the commission (Report) Presentation of the Quarterly Investment Report for the investment of: (1) funds held by the Bank of New York Mellon, as trustee, under the Indenture of Trust securing the Central Texas Turnpike System toll revenue obligations; (2) funds for the pre-paid TxTag account held by the Bank of New York Mellon, acting as custodian; (3) funds held by Amegy Bank, a Division of ZB, National Association, as trustee, under the Trust Agreement securing the IH 35E Managed Lanes Project toll revenue obligations; and (4) funds held by U.S. Bank National Association, as trustee, under the Master Trust Agreement securing the SH 249 System toll revenue obligations. d. Finance 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 CTTS as of February 29, 2020. e. Highway Designation Madison County - In the city of Madisonville, consider designating proposed State Loop 1853 on a new location on the state highway system (MO) This minute order designates State Loop 1853 on a new location on the south side of the city of Madisonville from 0.7 miles east of FM 1452 to 0.4 miles west of FM 2346, a distance of approximately 7.3 miles. Routine Minute Orders and Reports (continued) f. Designation of Access Control Midland County - SH 349, just west of Midland - Consider the designation of one location on the east side of SH 349 at which access will be permitted to the abutting property (MO) The designation of one 80-foot break in the control-of-access line will allow the abutting landowner to open one commercial driveway for access to and from the east side of SH 349. The district has determined that access may be permitted at the designated location. 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 9 - 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
Meeting Guidelines Staff will provide instruction and guidance on procedures for the meeting.
Consider the approval of the Minutes of the March 26, 2020, 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 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. Highway Improvement and Other Transportation Facilities (MO) (see attached itemized list)
Routine Maintenance (MO) (see attached itemized list)
Unified Transportation Program Consider the approval of updates to the 2020 Unified Transportation Program (UTP) (MO) (Presentation) The UTP is a 10-year statewide plan for transportation project development. The commission approved the 2020 UTP in August of 2019. This minute order allocates funding for the I-35 Capital Express Project in the Austin District.
Aviation Various Counties - Consider the award of federal non-primary entitlement grant funding, federal apportionment grant funding, 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 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.
Design Build Contracts Travis County - Consider approving the selection of the proposer who submitted the best value proposal, and the conditional award of a design-build contract to the selected proposer, for the design and construction of the Oak Hill Parkway Project, consisting of non-tolled improvements along US 290 from approximately the east end of Circle Drive to Loop 1, and non-tolled improvements along SH 71 from US 290 to Silvermine Drive, including the reconstruction of the US 290 and SH 71 interchange, and the addition of frontage roads and grade separations at major intersections, in Austin and southwest Travis County; and consider authorizing the executive director of the department to negotiate and execute a design-build contract with the selected proposer, subject to funding availability in excess of estimated costs (MO) (Presentation) On December 13, 2018, in Minute Order 115392, the commission authorized the department to issue a request for proposals for the design, development, and construction of the Oak Hill Parkway Project (a Texas Clear Lanes project). The department has completed its review and evaluation of proposals and is presenting its best value recommendation to the commission.
Dallas County - I-35E Phase 2 Project - Consider authorizing the department to issue a request for qualifications to design, construct, and maintain the I-35E Phase 2 Project, consisting of the full reconstruction and widening of the I-35E corridor from I-635 to the Denton County line in Dallas County, and “grandfathering” the existing two reversible toll managed lanes with no new toll lanes. The project includes the addition of one general purpose lane and one frontage road lane in each direction. The project will not include funding from either Proposition 1 or Proposition 7. (MO) (Presentation) Transportation Code § 223.242 authorizes the department to enter into, in each state fiscal biennium, up to six design-build contracts for highway projects with a construction cost estimate of $150 million or more. The I-35E Phase 2 Project is a crucial element to providing system continuity and improving safety and mobility in this corridor, which is ranked 60 on the Top 100 most congested list. This project meets the requirements for design-build delivery.
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. 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) Angelina County - SL 266 - Consider the removal from the system, transfer of jurisdiction, control, and maintenance, and quitclaim of right of way to the City of Lufkin (MO) The district has determined that a segment of right of way is no longer needed as part of the system. The City of Lufkin (city) has agreed to assume jurisdiction, control, and maintenance and has requested that the right of way be quitclaimed to the city. The right of way may be quitclaimed to the city because there is no record title to the property. b. Real Estate Dispositions (continued) (2) Angelina County - SL 266 - Consider the removal from the system, transfer of jurisdiction, control, and maintenance, and transfer of right of way to the City of Lufkin (MO) The district has determined that a segment of right of way is no longer needed as part of the system. The City of Lufkin (city) has agreed to assume jurisdiction, control, and maintenance and has requested that the right of way be transferred to the city. The right of way may be transferred to the city without cost to remain in use for public road purposes, and it will revert to the state if it ceases to be used for public road purposes. (3) Bexar County - FM 1516 and FM 3502 - Consider the removal from the system, transfer of jurisdiction, control, and maintenance, and transfer of right of way to the City of Converse (MO) The district has determined that a segment is no longer needed as part of the system. The City of Converse (city) has agreed to assume jurisdiction, control, and maintenance and has requested that the right of way be transferred to the city. The right of way may be transferred to the city without cost to remain in use for public road purposes and will revert to the state if it ceases to be used for public road purposes. (4) Chambers County - SL 207 - Consider the exchange of right of way pursuant to an exchange agreement (MO) The district has determined that the land to be conveyed by the state in the exchange is no longer needed for a state highway purpose. The governor, on the recommendation of the commission, may execute a deed exchanging an interest in real property acquired but not needed for a highway purpose as whole or partial consideration for another interest in real property needed for a state highway purpose. (5) Comanche County - US 67 - Consider the quitclaim of the state’s interest including mineral rights, if any, to comply with a reversionary clause contained in the instrument that originally conveyed the interest to the state (MO) The district has determined that the tract is no longer needed for highway purposes. The district has requested that the tract be quitclaimed to honor the reversionary clause. (6) El Paso County - SL 375, Border West Expressway - Consider the exchange of an easement as part of a transaction to acquire an easement needed for a state highway purpose (MO) The district has determined that the easement to be conveyed by the state in the exchange is no longer needed for a state highway purpose. The governor, on the recommendation of the commission, may execute a deed exchanging an interest in real property acquired but not needed for a highway purpose as whole or partial consideration for another interest in real property needed for a state highway purpose. (7) Hood County - SH 377 - Consider an easement release to the underlying fee owner (MO) The district has determined that the easement is no longer needed for highway purposes. The easement may be released to the underlying fee owner. (8) Live Oak County - US 281 - Consider the sale of right of way to the George West Independent School District (MO) The district has determined that the land is no longer needed for highway purposes. The school district has requested to purchase the land, and it may be sold to the school district. Routine Minute Orders and Reports (continued) 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 2020 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 2020 letting allocation and will also provide the anticipated effect on the letting allocation of remaining proposed highway maintenance and construction letting. (3) Quarterly Cash Report Quarterly report on FY 2020 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. (4) Quarterly Investment Report Quarterly Investment Report for all of the funds invested at the direction of the commission (Report) Presentation of the Quarterly Investment Report for the investment of: (1) funds held by the Bank of New York Mellon, as trustee, under the Indenture of Trust securing the Central Texas Turnpike System toll revenue obligations; (2) funds for the pre-paid TxTag account held by the Bank of New York Mellon, acting as custodian; (3) funds held by Amegy Bank, a Division of ZB, National Association, as trustee, under the Trust Agreement securing the IH 35E Managed Lanes Project toll revenue obligations; and (4) funds held by U.S. Bank National Association, as trustee, under the Master Trust Agreement securing the SH 249 System toll revenue obligations. d. Finance 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 CTTS as of February 29, 2020. e. Highway Designation Madison County - In the city of Madisonville, consider designating proposed State Loop 1853 on a new location on the state highway system (MO) This minute order designates State Loop 1853 on a new location on the south side of the city of Madisonville from 0.7 miles east of FM 1452 to 0.4 miles west of FM 2346, a distance of approximately 7.3 miles. Routine Minute Orders and Reports (continued) f. Designation of Access Control Midland County - SH 349, just west of Midland - Consider the designation of one location on the east side of SH 349 at which access will be permitted to the abutting property (MO) The designation of one 80-foot break in the control-of-access line will allow the abutting landowner to open one commercial driveway for access to and from the east side of SH 349. The district has determined that access may be permitted at the designated location. 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 9 - 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