AGENDA. TEXAS TRANSPORTATION COMMISSION 125 East 11 th Street Austin, Texas. THURSDAY March 29, 2018

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1 INTERNET ADDRESS: 9:00 A.M. CONVENE MEETING AGENDA TEXAS TRANSPORTATION COMMISSION 125 East 11 th Street Austin, Texas THURSDAY March 29, Safety Briefing Staff will provide general safety instruction. 2. Consider the approval of the Minutes of the February 21, 2018, workshop meeting and the February 22, 2018, regular meeting of the Texas Transportation Commission 3. 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. Construction of Highways and Other Transportation Facilities (see attached itemized list) (MO) b. Highway Maintenance (see attached itemized list) (MO) 4. Advisory Committee Appointment Consider the appointment of a member to the Port Authority Advisory Committee (MO) Created by state law, the purpose of the Port Authority Advisory Committee is to offer advice and recommendations that will provide the commission and the department with a broad perspective regarding maritime ports and transportation-related matters to be considered in formulating department policies concerning the Texas maritime port system. 5. Public Transportation Various Counties - Consider the award of federal 5311 Formula Grants for Rural Areas Program funds for FY 2018 (MO) (Presentation) The awards identified in this minute order reflect the anticipated allocation of federal grant funds from the Federal Transit Administration (FTA) 5311 Formula Grants for Rural Areas Program to rural public transportation providers. The awards are contingent upon publication of FTA apportionments in the Federal Register. Page 1

2 6. Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: a. Proposed Adoption Chapter 27 - Toll Projects Amendments to 27.81, Free Use of Turnpike Project by Military Vehicles, 27.82, Toll Operations, and 27.83, Contracts to Operate Department Toll Projects (Operation of Department Toll Projects) (MO) The proposed amendments are necessary for more effective management of department toll projects. The amendments delete outdated references to operational elements that are no longer in use and clarify current procedures. The amendments also provide that customer account fees and administrative fees may be waived or dismissed in accordance with operational policies. Additionally, the amendments specify the requirements that apply to the procurement of contracts to operate department toll projects. b. Final Adoption Chapter 7 - Rail Facilities Repeal of Subchapter E, Rail Fixed Guideway System State Safety Oversight Program, ; and New Subchapter E, Rail Fixed Guideway System State Safety Oversight Program, 7.80, Purpose, 7.81, Definitions, 7.82, System Safety Program Plan, 7.83, Hazard Management Process, 7.84, New State Rail Transit Agency Responsibilities, 7.85, Modifications to a System Safety Program Plan, 7.86, Rail Transit Agency s Annual Review, 7.87, Department System Safety Program Plan Audit, 7.88, Accident Notification, 7.89, Accident Investigations, 7.90, Corrective Action Plan, 7.91, Administrative Actions by the Department, 7.92, Administrative Review, 7.93, Escalation of Enforcement Action, 7.94, Emergency Order to Address Imminent Public Safety Concerns, 7.95, Admissibility; Use of Information (MO) To implement Senate Bill 1523, 85th Legislature, Regular Session, 2017, the department is replacing its current rules regarding the oversight of a local rail transit agency s rail fixed guideway system. The new rules provide for a new administrative review process, new accident and hazard reporting requirements, and make changes to the audit review process. These amendments are also necessary to bring the state into compliance with new Federal Transit Administration requirements. 7. Financial Assistance for Port Access Projects Various Counties - Consider approval of participation by the state in the form of grants for the payment of a portion of the costs of constructing port access public roadway projects for the Ports of Beaumont, Port Arthur, Palacios, Harlingen, Victoria, Houston, and Corpus Christi (see attached itemized list) (MO) This minute order will authorize the department to participate in the form of grants to pay a portion of the costs of construction of certain local government highway projects that provide access to ports but are not on the state highway system. Rider 45 in the General Appropriations Act, 85th Legislature, Regular Session, 2017, authorizes $20,000,000 in each fiscal year of the biennium from any available source of revenue and/or balances in the Texas Mobility Fund No. 365 for public roadway projects selected by the Port Authority Advisory Committee and approved by the Texas Transportation Commission to improve connectivity to Texas ports. Page 2

3 8. State Infrastructure Bank Lubbock County - City of Lubbock - Consider final approval of a request from the City of Lubbock for a State Infrastructure Bank loan in the amount of up to $7,250,000 for a contribution to the department to pay the costs of right-of-way acquisition and utility relocation necessary for the State Loop 88 state highway improvement project (MO) The SIB loan will be secured by a pledge of ad valorem taxes. The loan will be used to pay the costs associated with right-of-way acquisition and utility relocation necessary for the State Loop 88 state highway improvement project on existing FM 1585 from US 62/82 at Wolfforth to US 87 for a total length of approximately 12 miles. 9. Central Texas Turnpike System Consider determining that the toll booths and automated coin machines previously purchased for the Central Texas Turnpike System (CTTS) are no longer used or useful in the operation of the CTTS or in the generation of revenues, so that they may be sold as surplus property (MO) This minute order provides the commission s determination that the toll booths and automated coin machines purchased for Loop 1, SH 45N, and SH 130 are no longer used or useful in the operation of the CTTS or in the generation of revenues. This determination is required for the sale of any CTTS surplus property with a value in excess of $1 million, under Section 713 of the Indenture of Trust for the commission s CTTS revenue bonds. 10. 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 (82 nd 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. 11. Routine Minute Orders and Reports a. Donations to the Department (1) Various Districts - Consider the acknowledgment of donations made to the department to include: (a) donations in any form, including realty, personalty, money, materials, or services, which are made to the department for the purpose of carrying out its functions and duties; and (b) donations from landowners, with land adjacent to a highway that is part of the state highway system, to construct an improvement on the highway right-of-way that is directly related to improving access to or from the owner s land (see attached itemized list) (MO) (2) Highway Sponsorship Donations Acknowledgment - Consider the acknowledgement of donations made to the department under the Sponsorship Acknowledgement Program. The donations under this program provide funding for highway related services and facilities at the Travel Information Centers and Service Rest Areas. The donors are acknowledged with a sign located on the right of way near the facility or service sponsored. (see attached itemized list) (MO) Page 3

4 11. 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) Dallas County - SL 354 in Dallas - Consider the removal from the system, transfer of control, jurisdiction, and maintenance, and transfer of right of way to the City of Dallas (MO) The district has determined that the highway is no longer needed as part of the state highway system. The City of Dallas (city) has agreed to assume control, jurisdiction, and maintenance, and the roadway will remain in use for public road purposes. The property may be transferred to the city without cost, with the provision that it reverts to the state if it ceases to be used for public road purposes (2) Titus County - FM 127 in Mount Pleasant - Consider the removal from the system, transfer of control, jurisdiction, and maintenance, and transfer of right of way to the City of Mount Pleasant (MO) The district has determined that a segment of the highway is no longer needed as part of the state highway system. The City of Mount Pleasant (city) has agreed to assume control, jurisdiction, and maintenance. The cost of the state s future maintenance exceeds the value, and the property may be transferred to the city without cost. c. Report 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. d. Designation of Access Control (1) Reeves County - City of Pecos - I-20, N. Arizona Street - Consider the designation of one location on the north I-20 frontage road at which access will be permitted for a proposed street (MO) The designation of one 120-foot break in the control-of-access line will allow the abutting landowner (City of Pecos) to open an intersection for a proposed street to access to and from the north frontage road of I-20. The district has determined that access may be permitted at the designated location (2) Williamson County - FM 1460, in Georgetown - Consider the designation of one location on FM 1460 at which access will be permitted to the abutting properties (MO) The designation of one foot break in the control-of-access line to allow the abutting landowners to open one proposed driveway location for access to and from FM The district has determined that access may be permitted at the designated location. 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. Page 4

5 12. Executive Session Pursuant to Government Code, Chapter 551 Section 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 * * * NOTE: Enumerated agenda items are assigned numbers for ease of reference only, and will not necessarily be considered by the commission in that particular order. Items identified with (MO) for minute order are those upon which the commission is considering an action. Persons with special needs or disabilities who plan to attend this meeting and require auxiliary aids or services are requested to contact Robin Carter at (512) at least three working days prior to the meeting so that appropriate arrangements can be made. Atención. Si desea recibir asistencia gratuita para traducir esta información, llame al Page 5

6 TEXAS TRANSPORTATION COMMISSION AGENDA Attached Lists March 29, 2018 Construction of Highways and Other Transportation Facilities State Let (a) County Highway Controlling Dist. Name Number Project No. ABL NOLAN IH 20 NH 2018(584) ABL TAYLOR FM 126 STP 2018(586) ABL TAYLOR SH 351 C ABL TAYLOR VA NH 2018(587) ATL BOWIE FM 991 STP 2018(645)HES ATL BOWIE US 67 STP 2018(644)HESG ATL CASS SH 77 STP 2018(648)HES ATL TITUS US 271 STP 2018(646) AUS TRAVIS VA STP 2018(597) BMT CHAMBERS IH 10 STP 2018(754)MM BMT HARDIN FM 92 STP 2018(655)HESG BMT LIBERTY SH 321 C BMT TYLER FM 2992 STP 2018(759)HES BWD COMANCHE SH 36 C BRY WALKER IH 45 C CRP SAN PATRICIO US 77 NH 2018(632) DAL COLLIN FM 2755 STP 2018(581) DAL COLLIN US 75 NH 2018(576) DAL DALLAS IH 35E NH 2018(582) DAL DALLAS IH 35E NH 2018(578) DAL DENTON FM 455 CC DAL DENTON FM 720 C DAL ROCKWALL SH 66 NH 2018(575) ELP EL PASO SL 375 C FTW ERATH SH 108 STP 2018(571) FTW PALO PINTO CR BR 2007(456) FTW TARRANT FM 1187 NH 2018(572) Page 6

7 Construction of Highways and Other Transportation Facilities State Let (a) County Highway Controlling Dist. Name Number Project No. FTW TARRANT FM 1938 NH 2018(573) FTW TARRANT SH 360 NH 2018(574) HOU BRAZORIA FM 523 STP 2018(663)HES HOU BRAZORIA SH 332 NH 2018(666) HOU GALVESTON FM 3436 C HOU GALVESTON IH 45 NH 2018(664) HOU HARRIS SH 35 NH 2018(659) HOU MONTGOMERY FM 2854 STP 1702(640)MM LRD WEBB IH 35 NH 2018(729) LBB CROSBY US 62 C LBB LAMB SL 430 STP 2018(603) LBB LUBBOCK VA STP 2018(796) LFK ANGELINA FM 841 BR 2018(614) LFK POLK US 59 NH 2018(613) LFK SHELBY US 96 NH 2018(795) ODA ECTOR BI 20-E NH 2018(618) ODA ECTOR VA STP 2018(620) ODA ECTOR VA STP 2018(621) ODA REEVES SH 302 STP 2018(622) PAR GRAYSON SH 289 STP 2018(609) PAR RED RIVER US 271 STP 2018(610)HES PHR CAMERON FM 511 NH 2018(643) PHR CAMERON SH 48 STP 2018(636)MM PHR HIDALGO IH 2 BR 2018(635) SJT REAGAN US 67 STP 2018(602) SAT KENDALL IH 10 C SAT MEDINA FM 462 STP 2018(596) SAT UVALDE US 90 NH 2018(592) TYL SMITH CR BR 1602(655) TYL SMITH FM 346 BR 2018(611) TYL SMITH US 69 NH 1702(418) Page 7

8 Construction of Highways and Other Transportation Facilities State Let (a) County Highway Controlling Dist. Name Number Project No. TYL VAN ZANDT CR BR 1602(651) TYL VAN ZANDT FM 16 STP 2018(612) WAC BELL SH 195 NH 2018(411) WAC LIMESTONE FM 342 STP 2018(591)HES WAC MCLENNAN FM 933 STP 2018(589)HES WAC MCLENNAN SH 6 NH 2018(588) WFS WICHITA VA STP 2018(583) YKM DEWITT FM 240 STP 2018(606) YKM GONZALES US 90 STP 2018(604) YKM LAVACA US 77A STP 2018(605)HES YKM MATAGORDA FM 521 STP 2018(607) YKM VICTORIA CR BR 2018(876) Highway Maintenance State Let (b) County Highway Controlling Dist. Name Number Project No. BMT CHAMBERS FM 2354 RMC BMT CHAMBERS IH 10 BPM BMT JEFFERSON IH 10 RMC BMT JEFFERSON IH 10 RMC DAL DALLAS IH 20 RMC DAL DALLAS US 80 RMC DAL DENTON IH 35 RMC DAL DENTON IH 35 RMC DAL NAVARRO SH 31 RMC ELP EL PASO IH 10 BPM FTW PARKER IH 20 RMC HOU FORT BEND SH 6 RMC HOU GALVESTON SH 146 RMC HOU HARRIS IH 10 RMC HOU HARRIS IH 45 RMC HOU HARRIS IH 610 RMC HOU HARRIS SH 249 RMC Page 8

9 Highway Maintenance State Let (b) County Highway Controlling Dist. Name Number Project No. HOU MONTGOMERY IH 45 RMC HOU MONTGOMERY IH 45 RMC LRD ZAVALA FM 2691 RMC ODA ECTOR IH 20 RMC ODA TERRELL US 90 BPM PHR HIDALGO FM 1015 BPM SAT BEXAR SH 16 BPM WFS YOUNG US 380 RMC YKM FAYETTE IH 10 RMC YKM VICTORIA US 59 RMC Financial Assistance for Port Access Projects State Grant Port Project Description Participation Recipient Beaumont Construct bridge on Carroll $5,087,464 Port of Beaumont Street to eliminate an at-grade Navigation District of rail crossing. Jefferson County, Texas Port Arthur Improve Houston Street port $834,554 Port of Port Arthur entrance and 4 th Street rail Navigation District of crossing. Jefferson County Port Arthur Improve Lakeshore Road port $810,450 Port of Port Arthur Project 2 entrance to develop turnaround Navigation District of for freight and passenger vehicles. Jefferson County Palacios Construct an extension of $1,283,355 Matagorda County Richman Road to connect to Navigation District Highway 35. #1, Port of Palacios Page 9

10 Financial Assistance for Port Access Projects State Grant Port Project Description Participation Recipient Harlingen Strengthen Port Road and $7,847,611 Port of Harlingen Cemetery Road, and expand the Authority intersection of FM 106 and Port Road. Install queuing areas for idling trucks along the shoulders of FM 106, Cemetery Road, and Port Road. Victoria Widen McCoy Road; rehabilitate $1,870,212 Victoria County and widen Bayer Road. Houston Expand Port Road from four to $9,675,000 Harris County six lanes. Corpus Improve intersections along Joe $2,233,458 Port of Corpus Christi Christi Fulton International Trade Authority Corridor. Corpus Construct a dedicated truck $1,931,108 Port of Corpus Christi Christi queuing lane on Joe Fulton Authority Project 2 International Trade Corridor. Palacios Rehabilitate East and West $756,700 Matagorda County Project 2 Holsworth Road, Treacy Road, Navigation District Friery Drive, 11 th Street and #1, Port of Palacios Shipyard Road. Eminent Domain Controlled Access County Highway Exhibit ROW CSJ No. Parcel Austin IH 10 Q OAS Cameron IH 69E R Cameron IH 69E S Collin SH 121 I ,18E Collin SH 121 V ,21E Collin SH 121 U Collin SH 121 T Dallas IH 635 B Dallas IH 635 A Dallas IH 635 G Dallas IH 635 N Dallas IH 635 L Dallas IH 635 O Page 10

11 Eminent Domain Controlled Access County Highway Exhibit ROW CSJ No. Parcel Dallas IH 635 E Dallas IH 635 J Dallas IH 635 K Dallas IH 635 C Dallas IH 635 H Dallas IH 635 F ,30E Dallas IH 635 P Ellis US 77 M AC Harris FM 2100 X Tarrant SH 360 D Wharton US 59 W Eminent Domain Non-Controlled Access County Highway Exhibit ROW CSJ No. Parcel Angelina US Collin SH Collin SH Collin SH Collin SH Collin SH Collin SH Collin SH Collin SH Collin SH Collin SH Collin SH Collin SH Collin SH Collin SH ,14E Collin SH ,15E Collin SH Collin SH Collin SH Collin SH E Collin SH Collin SH Collin SH Collin SH ,27E Collin SH Collin SH Collin SH Collin SH Page 11

12 Eminent Domain Non-Controlled Access County Highway Exhibit ROW CSJ No. Parcel Collin SH Collin SH Collin SH Collin SH Collin SH Collin SH ,37E Collin SH E Collin FM Collin FM Collin FM Collin FM Collin FM Collin FM Collin FM Collin FM Collin FM Crane US ,12E Dallas SH Dallas SH Dallas SH Dallas SH Dallas SH Dallas SH Dallas SH Dallas SH Dallas SH Dallas SH Dallas SH Dallas SH Denton FM Denton FM Denton FM Denton FM Denton FM Eastland US Gregg FM Grimes SH Grimes SH Grimes SH Grimes SH Harris US Harris SH Harris FM Page 12

13 Eminent Domain Non-Controlled Access County Highway Exhibit ROW CSJ No. Parcel Henderson SH E Henderson SH E Lubbock FM Lubbock FM B Lubbock FM Navarro SH Navarro SH Navarro SH Navarro SH Navarro SH Navarro SH Navarro SH Navarro SH Navarro SH Rockwall FM X Tarrant SH Donations to the Department - 11.a.(1) Donor Dist County Donation Description Black Mountain ODA Winkler Design, construction and construction Sand LLC engineering inspections (CEI) of highway improvements to include addition of acceleration and deceleration lanes, additional travel and passing lanes, and turning lanes along SH 302 to access the El Dorado Commercial Plant in Winkler County. Black Mountain ODA Winkler Design, construction and construction Sand LLC engineering inspections (CEI) of highway improvements to include addition of acceleration and deceleration lanes, additional travel and passing lanes, and turning lanes along SH 302 to access the Vest Commercial Plant in Winkler County. Butte Land SAT Guadalupe Design and construction of a right turn lane Partners LLC at the intersection of a new subdivision street intersecting SH 46 in Seguin. CREDTX, LLC HOU Harris Design and construction of a deceleration lane from northbound frontage of W Beltway 8 south into the donor's development located in Houston. Page 13

14 Donations to the Department - 11.a.(1) Donor Dist County Donation Description Holdsworth Center AUS Travis Design and an amount sufficient to cover for Excellence in Educational Leadership, LLC the state s costs to construct pavement widening and drainage improvements on a section of RM 2222 to accommodate an east bound right turn deceleration lane, east bound acceleration lane, and west bound left turn lane in Austin. KB Home Lone SAT Bexar Design and construction of a traffic signal on Star Inc. SH 211 and Lambda Drive in San Antonio. KB Home Lone SAT Comal Design and construction of left and right turn Star Inc. lanes and traffic signal at the intersection of FM 1863 and Wiley Road in Bulverde. Kensinger Properties HOU Harris Design and construction of a left turn lane Limited from eastbound FM 1960 into donor's development in Houston. Oaks Subdivision, SAT Wilson Design and construction of a left turn lane L.L.C. at the intersection of US 87 and proposed Cibolo Ridge Drive in La Vernia. Occidental LBB Gaines Fixed amount to cover the state's cost to Permian Ltd. construct a two-way left turn lane on SH 214 north of Denver City. SMG TRV N/A In-kind donation of food, beverages, and admission and transportation for the 63rd Annual Texas Travel Counselors Conference being hosted by TxDOT, April 15-19, 2018 in El Paso. Woodmere HOU Fort Bend Design and construction of the expansion Development Co., Ltd. of FM 521 to include a southbound left turn deceleration lane and a northbound right turn deceleration lane from FM 521 into the donor's development in Rosharon. Page 14

15 Donations to the Department - 11.a.(2) Donor DDO County Donation Description GEICO via contracted TRV Various GEICO sponsorship of Safe sponsorship program Phone Zone areas at various administrator Zoom Safety Rest Areas and Travel Information Systems Information Centers Page 15

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