August 29, 2013 254 These are the minutes of the regular meeting of the Texas Transportation Commission held on August 29, 2013, Austin, Texas. The meeting was called to order at 9:00 am by Chairman Houghton with the following commissioners present: Texas Transportation Commission: Ted Houghton Fred Underwood *Jeff Austin III Jeff Moseley Victor Vandergriff Chairman Commissioner Commissioner Commissioner Commissioner *Commissioner Austin left at 11:10 am. Administrative Staff: Phil Wilson, Executive Director Jeff Graham, General Counsel Rose Guajardo Walker, Chief Clerk Kristen Webb, Assistant Chief Clerk Registration sheets listing others in attendance are on file with the Texas Department of Transportation Assistant Chief Clerk. A public notice of this meeting containing all items on the proposed agenda was filed in the Office of the Secretary of State at 4:04 p.m. on August 21, 2013, as required by Chapter 551, of the Government Code, referred to as The Open Meetings Act. ITEM 1. Safety Briefing This item was presented by Deputy Executive Director John Barton. ITEM 2. Approval of Minutes of the July 25, 2013, meeting of the Texas Transportation Commission Commissioner Austin made a motion, which was seconded, and the commission approved the following minute order by a vote of 5 0. ITEM 3. Resolution a. Recognize Carolyn Icard, Executive Assistant to the Commission, for her 27 years of service to the department This item was presented by Executive Director Phil Wilson. The commission also received comments from Carolyn Icard.
August 29, 2013 255 b. Recognize Herbert Bickley, P.E., Abilene District Engineer, for his 30 years of service to the department This item was presented by Executive Director Phil Wilson. The commission also received comments Herbert Bickley. A resolution was presented to Mirabel P. Chavez for her 31 years of service to the department. The commission also received comments from 35W Coalition President Russell Laughlin. A resolution was read from the 35W Coalition. ITEM 4. Advisory Committees Appointments a. Appoint members to the Border Trade Advisory Committee (MO) Commissioner Underwood made a motion, which was seconded, and the commission approved the following minute order by a vote of 5 0. This item was presented by Federal Affairs Division Director Coby Chase. 113662 Transportation Code, Section 201.114(b), requires the Texas Transportation FED Commission (commission) to appoint members to the Border Trade Advisory Committee (committee) to assist the commission in defining and developing a strategy and making recommendations for addressing the highest priority border trade transportation challenges. The Texas Department of Transportation s (department) administrative rules governing advisory committees, Title 43, Texas Administrative Code, Section 1.84, provide that the committee members serve staggered three-year terms. The commission has determined that the individuals or positions listed below fulfill the statutory requirements to serve as members of the committee and shall serve the terms specified: Terms expiring August 31, 2016 Julia Araujo Director of Operations, B&M Bridge, Brownsville & Matamoros Bridge Company, or designee Rigo Villarreal, Superintendent, McAllen-Hidalgo & Anzalduas International Bridges, or designee Ed Drusina, Commissioner, International Boundary and Water Commission, Lake Falcon Dam Crossing, Lake Amistad Dam Crossing, Fort Hancock-El Porvenir Bridge, Fabens-Caseta Bridge, Bridge of the Americas, or designee Pete Sepulveda,Jr., County Administrator, Cameron County, Veterans International Bridge at Los Tomates, Free Trade Bridge at Los Indios, Gateway International Bridge, or designee Michael O Toole Bridge Division, Project Development Section Director, TxDOT, Presidio Bridge, or designee Sam F. Vale, President, Starr-Camargo Bridge Company, Rio Grande City- Camargo Bridge, or designee Julie Ramirez, Bridge Manager, B&P Bridge Company of Weslaco, Progreso International Bridge
August 29, 2013 256 Eddie Romero, Bridge Director, City of El Paso, Ysleta-Zaragoza Bridge, Good Neighbor Bridge, Paso del Norte Bridge, or designee Juan Guerra, Bridge Director, City of Pharr Pharr-Reynosa International Bridge on the Rise, or designee Ivan Jaime, Director of Border Policies and Community Affairs, Union Pacific Railroad, or designee Rolando Pablos, CEO Borderplex Alliance, El Paso, or designee. IT IS THEREFORE ORDERED by the commission that the individuals or positions named above are appointed to the Border Trade Advisory Committee for the terms specified. b. Appoint members to the Aviation Advisory Committee (MO) Commissioner Austin made a motion, which was seconded, and the commission approved the following minute order by a vote of 5 0. This item was presented by Aviation Division Director Dave Fulton. The commission also received comments from Michael Schnell. 113663 Transportation Code 21.003, requires the Texas Transportation Commission AVN (commission) to appoint a six-member Aviation Advisory Committee (committee) to advise the commission and the Texas Department of Transportation (department) on aviation matters. Transportation Code 21.003, further provides that each member of the committee must have five years of successful experience as an aircraft pilot, an aircraft facilities manager or a fixed-base operator. The department s administrative rules governing advisory committees (Title 43, TAC, 1.80-1.85) provide that committee members serve three-year terms. The terms of two members expire on August 31, 2013; therefore, it is necessary for the commission to reappoint one member and appoint a new member for terms to expire on August 31, 2016. The commission has determined that the individuals listed below fulfill the statutory requirements to serve as members of the committee: Peter Huff Michael Schnell McKinney, Texas Spearman, Texas IT IS THEREFORE ORDERED by the commission that the individuals identified above are hereby appointed for three-year terms as members of the Aviation Advisory Committee with terms effective September 1, 2013, and expiring on August 31, 2016. c. Create the I-20 East Texas Corridor Advisory Committee and designate the entities that may appoint members to the committee (MO) Commissioner Austin made a motion, which was seconded, and the commission approved the following minute order by a vote of 5 0. This item was presented by Director of Planning Marc Williams.
August 29, 2013 257 113664 Title 43, Texas Administrative Code, 1.86 provides that the Texas TPP Transportation Commission (commission) may create an advisory committee to assist the Texas Department of Transportation (department) in the transportation planning process for any corridor. The purpose of an advisory committee is to facilitate and achieve support and consensus from affected communities, governmental entities, and other interested parties in the planning of transportation improvements in the corridor for which it is created and in the establishment of development plans for that corridor. An advisory committee's advice and recommendations will provide the department with an enhanced understanding of public, business, and private concerns about the corridor for which it is created, facilitating the department's communications and project development objectives and resulting in greater cooperation between the department and all affected parties during project planning and development. An advisory committee may be composed of members of the following groups as deemed appropriate by the commission: affected property owners and owners of business establishments; technical experts; representatives of local governmental entities; members of the general public; economic development officials; chambers of commerce officials; members of the environmental community; department staff; and professional consultants representing the department. The department has recommended the creation of the I-20 East Texas Corridor Advisory Committee (committee) to advise the department on the transportation planning process for the corridor located between the city of Dallas and the Texas/Louisiana state line. The entities identified in Exhibit A have been selected to participate on the committee because they represent a geographic distribution across the corridor area and reflect a diverse cross-section of the widely varying stakeholder groups needed to help the department identify and reach consensus on corridor needs and potential transportation solutions. IT IS THEREFORE ORDERED by the commission that the I-20 East Texas Corridor Advisory Committee is created and each entity identified in Exhibit A will appoint a representative of the entity to serve as a member of the committee. IT IS FURTHER ORDERED that changes to committee membership are delegated to the department s executive director or designee. The Chair took up item 9b. ITEM 9. Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: b. Proposed Adoption (1) Chapter 1 - Management (MO) Amendments to 1.82, 1.85-1.87 (Advisory Committees) Commissioner Moseley made a motion, which was seconded, and the
August 29, 2013 258 commission approved the following minute order by a vote of 5 0. This item was presented by General Counsel Jeff Graham. 113665 The Texas Transportation Commission (commission) finds it necessary to OGC propose amendments to 1.82, and 1.85-1.87, relating to advisory committees, to be codified under Title 43, Texas Administrative Code, Part 1. The preamble and the proposed amendments, attached to this minute order as Exhibits A and B, are incorporated by reference as though set forth verbatim in this minute order, except that they are subject to technical corrections and revisions, approved by the general counsel, necessary for compliance with state or federal law or for acceptance by the Secretary of State for filing and publication in the Texas Register. IT IS THEREFORE ORDERED by the commission that the amendments to 1.82, and 1.85-1.87 are proposed for adoption and are authorized for publication in the Texas Register for the purpose of receiving public comments. The executive director is directed to take the necessary steps to implement the actions as ordered in this minute order, pursuant to the requirements of the Administrative Procedure Act, Government Code, Chapter 2001. Note: Exhibits A and B are on file with the assistant chief clerk. (2) Chapter 15 - Financing and Construction of Transportation Projects (MO) New 15.180-15.196, New Subchapter O, County Transportation Infrastructure Fund Grant Program Commissioner Moseley made a motion, which was seconded, and the commission approved the following minute order by a vote of 5 0. This item was presented by Design Division Director Mark Marek. 113666 The Texas Transportation Commission (commission) finds it necessary to DES propose new 15.180-15.196, new Subchapter O, County Transportation Infrastructure Fund Grant Program, relating to the financing and construction of transportation projects to be codified under Title 43, Texas Administrative Code, Part 1. The preamble and the proposed new sections, attached to this minute order as Exhibits A and B, are incorporated by reference as though set forth verbatim in this minute order, except that they are subject to technical corrections and revisions, approved by the general counsel, necessary for compliance with state or federal law or for acceptance by the Secretary of State for filing and publication in the Texas Register. IT IS THEREFORE ORDERED by the commission that new 15.180-15.196 are proposed for adoption and are authorized for publication in the Texas Register for the purpose of receiving public comments. The executive director is directed to take the necessary steps to implement the actions as ordered in this minute order, pursuant to the requirements of the Administrative Procedure Act, Government Code, Chapter 2001. Note: Exhibits A and B are on file with the assistant chief clerk. (3) Chapter 25 - Traffic Operations (MO)
August 29, 2013 259 Amendments to 25.27, Variable Speed Limits (Procedures for Establishing Speed Zones) Commissioner Austin made a motion, which was seconded, and the commission approved the following minute order by a vote of 5 0. This item was presented by Traffic Operations Division Director Carol Rawson. 113667 The Texas Transportation Commission (commission) finds it necessary to TRF propose new 25.27, Variable Speed Limits, relating to procedures for establishing speed zones to be codified under Title 43, Texas Administrative Code, Part 1. The preamble and the proposed new section, attached to this minute order as Exhibits A and B, are incorporated by reference as though set forth verbatim in this minute order, except that they are subject to technical corrections and revisions, approved by the general counsel, necessary for compliance with state or federal law or for acceptance by the Secretary of State for filing and publication in the Texas Register. IT IS THEREFORE ORDERED by the commission that new 25.27 is proposed for adoption and is authorized for publication in the Texas Register for the purpose of receiving public comments. The executive director is directed to take the necessary steps to implement the actions as ordered in this minute order, pursuant to the requirements of the Administrative Procedure Act, Government Code, Chapter 2001. Note: Exhibits A and B are on file with the assistant chief clerk. (4) Chapter 25 - Traffic Operations (MO) Amendments to 25.975, Crash Record Statistical Analysis, and 25.977 Reporting by Investigating Officers (Crash Records Information System) Commissioner Underwood made a motion, which was seconded, and the commission approved the following minute order by a vote of 5 0. This item was presented by Traffic Operations Division Director Carol Rawson. 113668 The Texas Transportation Commission (commission) finds it necessary to TRF propose amendments to 25.975, Crash Record Statistical Analysis, and 25.977, Reporting by Investigating Officers, relating to the crash records information system, to be codified under Title 43, Texas Administrative Code, Part 1. The preamble and the proposed amendments, attached to this minute order as Exhibits A and B, are incorporated by reference as though set forth verbatim in this minute order, except that they are subject to technical corrections and revisions, approved by the general counsel, necessary for compliance with state or federal law or for acceptance by the Secretary of State for filing and publication in the Texas Register. IT IS THEREFORE ORDERED by the commission that the amendments to 25.975 and 25.977 are proposed for adoption and are authorized for publication in the Texas Register for the purpose of receiving public comments.
August 29, 2013 260 The executive director is directed to take the necessary steps to implement the actions as ordered in this minute order, pursuant to the requirements of the Administrative Procedure Act, Government Code, Chapter 2001. Note: Exhibits A and B are on file with the assistant chief clerk. ITEM 5. Discussion a. Update on staff recommendations to address the safety challenges in the areas of the state with growing energy exploration and production This item was presented by Deputy Executive Director John Barton. The commission also received comments from TxDOT State Legislative Affairs Office Director Jerry Haddican, state Representative Joe Pickett, state Representative Geanie Morrison, state Representative Charles Doc Anderson, state Representative Joe Deshotel, Dimmit County Commissioner Mike Uriegas, Peggy Schulze Van Cleve of La Salle and Dimmit Counties, Holly Van Cleve Fries of La Salle and Dimmit Counties, Obie Ehlert of La Salle County, Durell J. Johnson of La Salle County, Pamela Fitzsimons Howard with San Predro Ranch and County Judges and Commissioners Association of Texas General Counsel Jim Allison. b. Report on the status of a comprehensive plan to engage stakeholders and municipalities regarding the possible delegation of responsibility of certain state highways in municipalities This item was presented by Deputy Executive Director John Barton. The commission also received comments from TxDOT General Counsel Jeff Graham, TxDOT State Legislative Affairs Office Director Jerry Haddican, County Judges and Commissioners Association of Texas General Counsel Jim Allison, City of Midland Mayor Wes Perry, Dallas County Judge Clay Jenkins, City of Port Arthur Mayor Deloris Prince, City of Port Arthur City Manager Floyd Johnson, City of Fort Worth Mayor Betsy Price, City of Arlington Mayor Pro Tem Kathryn Wileman, City of San Antonio Director of Intergovernmental Relations Jeff Coyle, City of San Antonio Interim Director of Public Works Anthony Chukwudolue, City of Denton Mayor Pro Tem Pete Kamp, Victoria County Judge Don Pozzi, City of Amarillo Paul Harpole, Randall County Judge Ernie Houdashell, Midland County Commissioner Robin Donnelly, City of Odessa Mayor David Turner, MOTRAN Chairman J.D. Faircloth, City of Waco City Manager Larry Groth, City of Mesquite Mayor John Monaco, City of Tyler City Manager Mark McDaniel, City of San Angelo Director of Operations Shane Kelton, Parker County Judge Mark Riley, Texas Conference of Urban Counties Executive Director Donald Lee and North Central Texas Council of Governments Director of Transportation Michael Morris, The commission stood in recess at 1:20 p.m. and reconvened at 1:27 p.m. c. Presentation on activities of the Texas Technology Task Force (Report)
August 29, 2013 261 This item was presented by Research and Technology Implementation Office Director Shannon Crum. The commission also received comments from University of Texas at Austin Professor C. Michael Walton, David Ferdman with the Texas Technology Task Force, North Central Texas Council of Governments Director of Transportation Michael Morris and economist John Hokenyos. d. Update on the SH 288 Toll Lanes Project in Harris County from US 59 to the Harris/Brazoria County Line and the procurement effort This item was deferred. ITEM 6. Aviation a. Approve the Aviation Capital Improvement Program (MO) Commissioner Underwood made a motion, which was seconded, and the commission approved the following minute order by a vote of 4 0. This item was presented by Aviation Division Director Dave Fulton. 113669 Pursuant to Transportation Code, 21.108-21.111 and Title 43, Texas AVN Administrative Code, 30.209, the Texas Department of Transportation (department) prepares an Aviation Facilities Development Program identifying the aviation facility requirements, locations, timing, eligibility for funding, and the investment necessary for a statewide system of airports that will provide for the state s air transportation needs. There continues to be a need for the construction, rehabilitation and upgrading of the state airport system. As an element of the Aviation Facility Development Program, the department is required to prepare and update a multiyear Aviation Capital Improvement Program (CIP) at least annually. In July, the draft FY 2014-2016 Aviation CIP was submitted to the sponsors of airports included in the Texas airport system for review. The Texas Aviation Advisory Committee recommended approval of the FY 2014-2016 CIP at its August meeting. Comments received have been evaluated and, when appropriate, have been addressed in the CIP. IT IS THEREFORE ORDERED by the commission that the attached FY 2014-2016 Capital Improvement Program (Exhibit A) is hereby adopted and the executive director is authorized to proceed with the development of the airport facilities included in the Capital Improvement Program. b. Various Counties - Award federal and state grant funding for airport improvement projects at various locations (MO) Commissioner Underwood made a motion, which was seconded, and the
August 29, 2013 262 commission approved the following minute order by a vote of 4 0. This item was presented by Aviation Division Director Dave Fulton. 113670 The Texas Department of Transportation (department) is authorized under the AVN Federal Airport and Airway Improvement Act and the state Aviation Facilities Development and Financial Assistance Act to award federal and state funding for capital improvement projects and to assist in the development and establishment of airports in the state of Texas. The airports listed in Exhibit A are currently in need of improvements to preserve the airports or to meet standards. The department recommends the award of federal and state grant funds for the improvements. On Thursday, July 18, 2013, and Monday, July 29, 2013 public hearings were held. No comments were received. IT IS THEREFORE ORDERED by the Texas Transportation Commission that the executive director, or the director s designee, is authorized to enter into any necessary agreements to fund, through the Aviation Facilities Grant Program, the projects described in Exhibit A at an estimated cost of $7,177,971. c. Various Counties - Approve the Routine Airport Maintenance Program (MO) Commissioner Underwood made a motion, which was seconded, and the commission approved the following minute order by a vote of 4 0. This item was presented by Aviation Division Director Dave Fulton. 113671 The Texas Department of Transportation (department) is authorized under AVN Texas Transportation Code, Chapter 21 and Chapter 22, to assist in the development and maintenance of airports in the state. The Routine Airport Maintenance Program (RAMP) provides financial assistance for publicly owned or operated general aviation, reliever and non-hub commercial service airports included in the Texas Airport System Plan. Due to the success of this program, the department requests continuation of the program by providing funds for airport maintenance and small capital improvements on a 50-50 basis up to a maximum of $50,000 in state funds for Fiscal Year 2014. A public hearing regarding the funding of RAMP was held on July 18, 2013, and no comments were received. IT IS THEREFORE ORDERED by the commission that the airports listed in Exhibit A be awarded grants in accordance with RAMP and that the executive director, or the director s designee, is authorized to enter into any necessary grant agreements with the appropriate local government agencies necessary to carry out the directives of this minute order. ITEM 7. Public Transportation
August 29, 2013 263 a. Various Counties - Award federal and state funds for public transportation planning projects (MO) Commissioner Underwood made a motion, which was seconded, and the commission approved the following minute order by a vote of 4 0. This item was presented by Public Transportation Division Director Eric Gleason. 113672 The Texas Transportation Commission (commission) takes special note of its PTN designation by the governor as the administering agency for the Federal Transit Administration (FTA) grant program, Rural Transportation Assistance Program (RTAP) (49 U.S.C. 5311(b)(3)), in a letter dated October 4, 2005, and further acknowledges that federal program regulations require the Texas Department of Transportation (department) to ensure that these grant funds are distributed fairly and equitably within the state. The commission desires to award federal RTAP and state funds to support regional transportation planning activities and projects. Transportation Code, Chapter 455 assigns a broad spectrum of public transportation roles and missions to the department. Transportation Code, Chapter 456 authorizes the commission to administer funds appropriated for public transportation. IT IS THEREFORE ORDERED by the commission that the executive director or the director s designee is authorized to distribute funds as described in Exhibit A, submit the necessary state application to the FTA, and enter into the necessary contracts in accordance with the priorities established in this minute order. b. Parker, Palo Pinto and Val Verde Counties - Award federal 5310, Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities grant program funds, to Public Transit Services and City of Del Rio (MO) Commissioner Underwood made a motion, which was seconded, and the commission approved the following minute order by a vote of 4 0. This item was presented by Public Transportation Division Director Eric Gleason. 113673 The Texas Transportation Commission (commission) takes special note of its PTN designation by the governor as the administering agency for the Federal Transit Administration (FTA) grant program, Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities (49 U.S.C. 5310), in a letter dated October 4, 2005; and further acknowledges that federal program regulations require the Texas Department of Transportation (department) to ensure that grant funds are distributed fairly and equitably within the state. Public Transit Services and the City of Del Rio have requested financial assistance to continue existing transit services to the senior and disabled populations in their respective areas.
August 29, 2013 264 Title 43, Texas Administrative Code 31.31 establishes a process by which projects may be evaluated and funds distributed. The commission finds that the projects identified in Exhibit A are eligible for funding and awards a total of $71,010 in federal 5310 program funds. Transportation Code, Chapter 455 assigns a broad spectrum of public transportation roles and missions to the department. Transportation Code, Chapter 456 authorizes the commission to administer funds appropriated for public transportation. IT IS THEREFORE ORDERED by the commission that the executive director or the director s designee is directed to proceed with the awards as identified in Exhibit A, notify the entities in writing, and enter into the necessary contracts. c. Various Counties - Award transportation development credits to various transit agencies for public transportation projects (MO) Commissioner Moseley made a motion, which was seconded, and the commission approved the following minute order by a vote of 4 0. This item was presented by Public Transportation Division Director Eric Gleason. The commission also received comments from Houston Galveston Area Council Metropolitan Planning Organization Director Alan C. Clark. 113674 The Texas Transportation Commission (commission) desires to award PTN 3,818,655 Transportation Development Credits (TDC) to various transit providers to be used as local match for federally funded capital and operating projects. Title 43, Texas Administrative Code (TAC), 5.111 allows any MPO to transfer TDC allocated to it under 5.105 of the subchapter to the commission. The Houston- Galveston Area Council (H-GAC) has requested the transfer of 3,158,845 previously allocated TDC back to the commission to award to transit projects as identified by H- GAC s Transportation Policy Committee as critical and time sensitive. The commission recognizes that state and federal law permits the substitution of TDC as the required non-federal match for projects. Title 43, Texas Administrative Code (TAC), 5.109 establishes a process by which TDC may be awarded at the discretion of the commission. In making this award, the commission has considered the potential of the projects to expand the availability of funding for public transportation projects and finds that the projects meet the established program goals set forth in 43 TAC 5.102 to maximize the use of available federal funds, particularly in situations in which federal funds otherwise would be unused because of the inability to provide the non-federal share; and to support public transit. Transportation Code, Chapter 455 assigns a broad spectrum of public transportation roles and missions to the Texas Department of Transportation. Transportation Code, Chapter 456 authorizes the commission to administer funds appropriated for public transportation.
August 29, 2013 265 IT IS THEREFORE ORDERED by the commission that the executive director or the directors designee is directed to proceed with the awards as described in Exhibit A, and enter into the necessary contracts in accordance with the priorities established in this minute order. ITEM 8. Unified Transportation Program (UTP) Approve the 2014 UTP (MO) Commissioner Moseley made a motion, which was seconded, and the commission approved the following minute order by a vote of 3 0. Commissioner Vandergriff abstained from voting on this item. This item was presented by Director of Planning Marc Williams. The commission also received comments from Montgomery County Commissioner, Precinct 2, Craig Doyal. 113675 Transportation Code, 201.991 provides that the Texas Department of TPP Transportation (department) shall develop a Unified Transportation Program (UTP) covering a period of 10 years to guide the development of and authorize construction of transportation projects. Transportation Code, 201.602 requires the Texas Transportation Commission (commission) to annually conduct a public hearing on its highway project selection process and the relative importance of the various criteria on which the commission bases its project selection decisions. Transportation Code, 222.034 requires the commission to distribute federal aid transportation funds to various parts of the state for a funding cycle through the selection of highway projects in a manner that is consistent with federal formulas that determine the amount of federal aid the state of Texas receives, unless the commission issues a minute order or ruling identifying the variance and providing a particular justification for the variance. The commission has adopted rules located in Title 43, Texas Administrative Code, Chapter 16, governing the planning and development of transportation projects, which include guidance regarding public involvement related to the project selection process and the development of the UTP. These rules also require the commission to adopt the UTP not later than August 31 of each year. The department conducted a public meeting across the state via WebEx on July 18, 2013, and a public hearing on August 6, 2013, to receive comments and testimony concerning the development of the 2014 UTP and the project selection process. The 2014 UTP, which is attached as Exhibit A, authorizes funding for each of the twelve funding categories established by the rules and outlines the various project selection methods and usual funding participation. The 2014 UTP lists the projects that the department intends to develop and let during the 10-year period (with the exception of projects in category 1 preventative maintenance and rehabilitation), and references for each listed project the funding category to which it is assigned. If a funding category is an allocation program, the listing is for informational purposes only and contains those projects reasonably expected to be selected for development or letting during the applicable period. Projects listed that have been authorized by previous legislative
August 29, 2013 266 action or prior actions of the commission are still approved and their inclusion in the UTP in no way modifies that prior approval. The remaining funding levels and projects listed for aviation, public transportation, rail, and state waterways and coastal waters are authorized by separate minute orders and this UTP does not supersede those prior actions. The 2014 UTP also contains an individual evaluation of each federal aid apportionment program, including particular justification for any variance from the federal aid formula and the proposed distribution of the transportation funds through the UTP. IT IS THEREFORE ORDERED by the commission that the 2014 UTP, including the project selection process, as shown in Exhibit A, is hereby approved and supersedes the previously-approved 2013 UTP for fiscal years 2014-2022. IT IS FURTHER ORDERED that the information contained in the 2014 UTP shall serve as the commission s identification and justification of variances, as required by Transportation Code, 222.034. IT IS FURTHER ORDERED that the executive director is hereby authorized to develop the projects listed in the UTP to the level of authority indicated to include any necessary agreements, right of way acquisitions, utility adjustments, and relocation assistance, subject to the policies of the department and all applicable federal and state laws governing the acquisition of real property. IT IS FURTHER ORDERED that pursuant to Transportation Code, 222.052, the commission may accept financial contributions from political subdivisions of the state for development of projects in the 2014 UTP. ITEM 9. Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: a. Final Adoption (1) Chapter 4 - Employment Practices (MO) Commissioner Underwood made a motion, which was seconded, and the commission approved the following minute order by a vote of 4 0. This item was presented by Chief Procurement and Deputy Administrative Officer Lauren Garduno. 113676 The Texas Transportation Commission (commission) finds it necessary to adopt ADM the repeal of 4.60-4.63 and new 4.61, Tuition Assistance Program, to be codified under Title 43, Texas Administrative Code, Part 1. The preamble and the adopted repeals and new sections, attached to this minute order as Exhibits A - C, are incorporated by reference as though set forth verbatim in this minute order, except that they are subject to technical corrections and revisions, approved by the General Counsel, necessary for compliance with state or federal law or for acceptance by the Secretary of State for filing and publication in the Texas Register.
August 29, 2013 267 IT IS THEREFORE ORDERED by the commission that the repeal of 4.60-4.63 and new 4.61 are adopted and are authorized for filing with the Office of the Secretary of State. The executive director is directed to take the necessary steps to implement the actions as ordered in this minute order, pursuant to the requirements of the Administrative Procedure Act, Government Code, Chapter 2001. Note: A - C are on file with the assistant chief clerk. (2) Chapter 28 - Oversize and Overweight Vehicles and Loads (MO) New 28.60, Purpose, 28.61, Definition, and 28.62, District's Powers and Duties, 28.63, Permit Eligibility, 28.64, Permit Issuance Requirements and Procedures, 28.65, Permit Weight Limits for Axles, 28.66, Movement Requirements and Restrictions, and 28.67, Records (New Subchapter F, Port Freeport Permits) Commissioner Moseley made a motion, which was seconded, and the commission approved the following minute order by a vote of 4 0. This item was presented by Maintenance Division Director Howard Holland. 113677 The Texas Transportation Commission (commission) finds it necessary to adopt MNT new 28.60-28.67 relating to Port Freeport Permits to be codified under Title 43, Texas Administrative Code, Part 1. The preamble and the adopted new sections, attached to this minute order as Exhibits A and B, are incorporated by reference as though set forth verbatim in this minute order, except that they are subject to technical corrections and revisions, approved by the general counsel, necessary for compliance with state or federal law or for acceptance by the Secretary of State for filing and publication in the Texas Register. IT IS THEREFORE ORDERED by the commission that new 28.60-28.67 are adopted and are authorized for filing with the Office of the Secretary of State. The executive director is directed to take the necessary steps to implement the actions as ordered in this minute order, pursuant to the requirements of the Administrative Procedure Act, Government Code, Chapter 2001. Note: Exhibits A and B are on file with the assistant chief clerk. ITEM 10. Office of Compliance and Ethics Office of Compliance and Ethics Report This item was presented by Office of Compliance and Ethics Director Suzanne Latimer. ITEM 11. Audit Plan Approve the Audit Plan for Fiscal Year 2014 and determine whether adequate resources have been dedicated to the internal audit program (MO) Commissioner Vandergriff made a motion, which was seconded, and the
August 29, 2013 268 commission approved the following minute order by a vote of 4 0. This item was presented by Chief Audit Executive Benito Ybarra. 113678 The Texas Internal Auditing Act, Government Code, Chapter 2102, requires the AUD 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 state agency s governing board. In addition, the governing board must periodically 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 adequately covered within a reasonable time frame. The Audit Office developed an Audit Plan for Fiscal Year (FY) 2014, which is set forth in Exhibit A. This audit plan was prepared by completing a risk assessment of the department s functions; obtaining input from the Office of Compliance and Ethics, Federal Highway Administration, members of the department s administration and management team, and the Texas Transportation Commission (Commission). This audit plan identifies the audits to be conducted and the resources available to the Audit Office for FY 2014. The Audit Office considers its resources for FY 2014 to be adequate to address the risks that warrant audit coverage. The Audit Plan for FY 2014 is being presented to the Commission for approval and a determination that adequate resources exist to ensure that the risks identified are adequately covered. IT IS THEREFORE ORDERED by the commission that the Audit Plan for FY 2014, as shown in Exhibit A, is hereby approved. FURTHER, the commission finds that adequate resources have been dedicated to the internal audit program in order to ensure that the risks identified in the annual risk assessment are covered within a reasonable time frame. ITEM 12. Design-Build Agreements Bexar County - Approve the selection of the proposer who submitted the best value proposal to design and construct the Loop 1604 Project, providing for the expansion of a non-tolled expressway from SH 16 (Bandera Road) to FM 471 (Culebra Road), and, at the department s option to design and construct portions of Loop 1604 further south at SH 151, and authorize the executive director of the department to execute a Design-Build contract with the selected proposer (MO) Commissioner Moseley made a motion, which was seconded, and the commission approved the following minute order by a vote of 4 0. This item was presented by Strategic Projects Division Director Ed Pensock. 113679 Transportation Code, Chapter 223, Subchapter F, prescribes the process by SPD which the Texas Department of Transportation (department) may enter into a designbuild contract with a private entity that provides for the design, construction, expansion, extension, related capital maintenance, rehabilitation, alteration, or repair of a highway project. Transportation Code, 223.242 authorizes the department to enter into, in each
August 29, 2013 269 fiscal year, up to three design-build contracts for highway projects with a construction cost estimate of $50 million or more to the department. The Loop 1604 base scope is an approximately $80 to $90 million scope in northwest San Antonio between State Highway 16 (Bandera Road) and Farm to Market 471 (Culebra Rd). The project will include the expansion of Loop 1604 to a four lane non toll expressway section from SH 16 (Bandera Road) to FM 471 and add interchanges at Shaenfield Road, New Guilbeau Road and Braun Road with an option through the SH 151 interchange. The total Loop 1604 project, including the option, is an approximately $130 million project. On May 31, 2012, by Minute Order 113116, the Texas Transportation Commission (commission) authorized the department to issue a request for qualifications (RFQ) to develop, design, construct and potentially maintain Loop 1604 from SH 16 (Bandera Road) to south of Wiseman Boulevard in Bexar County. The department issued the RFQ on January 18, 2013, which shortened the project limits to run from SH 16 (Bandera Road) to FM 471 (Culebra Road), with an option to include the SH 151 Interchange. These project limits, including the option, are within the limits authorized by Minute Order 113116. The project includes the expansion of Loop 1604 to a four lane non-toll expressway section with overpasses at Braun Road, New Guilbeau Road, and Shaenfield Road. Thirteen proposer teams responded to the RFQ. On March 21, 2013, following the department s evaluation of those submissions, four teams were determined to be best qualified to be on the short list of proposer teams that were requested to submit detailed proposals to design and construct the project. Transportation Code 223.246 and 43 TAC 9.153(d) provide that, if authorized by the commission, the department will issue a request for proposals (RFP) from all private entities qualified for the short list. On April 25, 2013, by Minute Order 113557, the department was authorized to issue an RFP and on April 26, 2013, the department issued an RFP for the Loop 1604 Western Extension Project base scope, from SH 16 (Bandera Road) to FM 471 (Culebra Road), and the option scope, which included, in the department s sole discretion, the option to potentially design and construct portions of Loop 1604 further south through the SH 151 interchange. On July 30, 2013 proposals were received from J.D. Abrams, L.P., Williams Brothers Construction Co., Inc. and Zachry Construction Corporation. From July 31, 2013 until August 28, 2013, the department evaluated those proposals. The proposals were evaluated in the following categories: (1) Pass/Fail and Responsiveness; (2) Technical Score; and (3) Price Score. The proposals were first evaluated on the basis of certain pass/fail and responsiveness criteria set forth in the RFP. Next, the project development plans in the technical proposals were evaluated in the categories of technical solutions, project management plan (including safety and health plan), and quality management plan, using qualitative ratings of: meets minimum, fair, good, very good, and excellent. The technical proposals were assigned adjectival ratings and numerical scores for each evaluation subfactor. Points were assigned to the technical proposals based on those ratings and the weightings of the individual evaluation factors, with the sum of those points resulting in a total evaluation score, which was multiplied by a defined percentage to arrive at the Technical Score. To arrive at the Price Score, the Base Price Value was determined for each proposer,
August 29, 2013 270 which is the sum, for each proposer, of the design-build price for the base scope and the alternative technical concept price adjustments for the base scope. The lowest Base Price Value of all proposers was then divided by the Base Price Value for a particular proposer, with the result being multiplied by a defined percentage to arrive at the Base Price Score. The Option Price Value was then determined for each proposer, which is the sum, for each proposer, of the design-build price for the option scope and the alternative technical concept price adjustments for the option scope. The lowest Option Price Value of all proposers was then divided by the Option Price Value for a particular proposer, with the result being multiplied by a defined percentage to arrive at the Option Price Score. The final Price Score was determined by adding the Base Price Score and the Option Price Score. The price scores were determined without knowing which prices were submitted by which proposer. The Technical Score points assigned to the technical proposal were then added to the Price Score points to determine the total number of points received by each proposal. The responsive proposal with the highest score was determined to provide the apparent best value. The evaluation and scoring of each proposal under the Technical Score and Price Score categories, as well as the Pass/Fail review, resulted in the proposals being ranked in descending order as follows: Williams Brothers Construction Co., Inc., J.D. Abrams, L.P., and Zachry Construction Corporation. The proposal submitted by Williams Brothers Construction Co., Inc. was accordingly determined to provide the apparent best value. IT IS THEREFORE ORDERED by the commission that the determination that the proposal submitted by Williams Brothers Construction Co., Inc. provides the apparent best value to the department is approved, and the department is authorized and directed to commence and complete negotiations with Williams Brothers Construction Co., Inc. necessary to finalize the design-build contract to design and construct the Loop 1604 Western Extension Project from FM 471 (Culebra Road) to SH 16 (Bandera Road) in San Antonio and, at the department s sole option, to potentially design and construct portions of Loop 1604 further south through the SH 151 interchange, and to modify the design-build contract as necessary as a result of such negotiations. IT IS FURTHER ORDERED that the design-build contract is awarded to Williams Brothers Construction Co., Inc. subject to, and effective upon the occurrence of, all of the following: (1) the successful conclusion of negotiations; (2) the issuance of a Notice of Intent to Award by the department; and (3) the mutual execution and delivery of the design-build contract, by the executive director of the department and the proposer. ITEM 13. Toll Roads a. Dallas and Tarrant Counties - Authorize the department to issue a request for proposals for the development, financing, construction, and operation of the SH 183 Managed Lanes Project in Dallas and Tarrant Counties, comprised of SH 183 from SH 121 to I-35E, including the proposed interchanges with Loop 12, SH 114, and Spur 482, SH 114 from International Parkway to Loop 12, and Loop 12 from SH 183 to I-35E,
August 29, 2013 271 and approve a stipulated amount as payment for the work product of unsuccessful proposers (MO) Commissioner Vandergriff made a motion, which was seconded, and the commission approved the following minute order by a vote of 4 0. This item was presented by Strategic Projects Division Director Ed Pensock. 113680 Transportation Code, Chapter 223, Subchapter E, prescribes the process by SPD which the Texas Department of Transportation (department) may enter into a comprehensive development agreement (CDA) with a private entity that provides for the design, development, financing, construction, maintenance, repair, operation, extension, or expansion of an eligible project. Transportation Code, 223.203 prescribes requirements for a solicited proposal and requires the department to publish a request for qualifications (RFQ) in the Texas Register that includes the criteria that will be used to evaluate any received qualifications statements, the relative weight given to the criteria, and a deadline by which qualifications statements must be received. On January 31, 2013, by Minute Order 113427, the Texas Transportation Commission (commission) authorized the department to issue a RFQ for the development of State Highway 183 from SH 121 to Interstate 35E and any additional connecting facilities that are necessary for connectivity and financing purposes, subject to certain conditions which have been met. The department issued the RFQ on February 20, 2013. Transportation Code 223.201(f), as amended by SB 1730, 83rd Session 2013, authorizes the department to enter into a CDA for the development, financing, construction, and operation of the SH 183 Managed Lanes Project in Dallas and Tarrant Counties, comprised of SH 183 from SH 121 to I-35E, including the proposed interchanges with Loop 12, SH 114, and Spur 482, SH 114 from International Parkway to Loop 12, and Loop 12 from SH 183 to I-35E (SH 183 Managed Lanes Project). On June 27, 2013, by Minute Order 113619, the commission approved the department s determination to exercise its option to develop, finance, construct and operate the SH 183 Managed Lanes Project. Transportation Code, 223.203 and 43 TAC 27.4 provide that, if authorized by the commission, the department will issue a request for proposals (RFP) from all private entities qualified for the short list. The department intends to issue an RFP for the SH 183 Managed Lanes Project and request detailed proposals from the 4 shortlisted teams to develop, finance, construct, and operate the project. Transportation Code, 223.203(m) and 43 TAC 27.4(f) authorize the department to pay an unsuccessful private entity who submits a detailed proposal that is responsive to the requirements of the RFP a stipulated amount in exchange for the work product contained in that proposal. The stipulated amount must be stated in the RFP and may not exceed the value of any work product contained in the proposal that can, as determined by the department, be used by the department in the performance of its functions. Payment for this work product would allow the department to use the work
August 29, 2013 272 product for the benefit of the SH 183 Managed Lanes Project or other department projects without further payment to the unsuccessful proposer. IT IS THEREFORE ORDERED that the department is authorized and directed to issue an RFP to develop, finance, construct, and operate the SH 183 Managed Lanes Project. IT IS FURTHER ORDERED that the department is authorized to pay each proposer who submits a responsive, but unsuccessful, proposal for the SH 183 Managed Lanes Project an amount based upon the value of the work product provided in the proposal that can, as determined by the department, be used by the department in the performance of its functions, up to a maximum amount per proposer of $1,000,000. IT IS FURTHER ORDERED that payment for work product may only be paid to the extent that the work product submitted meets the minimum criteria and other conditions of payment identified by the department in the SH 183 Managed Lane Project procurement documents. Note: Exhibits A and B are on file with the assistant chief clerk. b. Various Counties - Consider the approval of a tolling services agreement with the North Texas Tollway Authority (NTTA) for the North Tarrant Express (NTE) Segments 3A and 3B Project (MO) Commissioner Moseley made a motion, which was seconded, and the commission approved the following minute order by a vote of 3 0. Commissioner Vandergriff abstained from voting. This item was presented by Strategic Projects Division Deputy Director Katie Nees. 113681 Transportation Code, 228.002 authorizes the Texas Department of SPD Transportation (department) to enter into an agreement with a public entity to permit the entity, independently or jointly with the department, to operate a department toll project. Transportation Code, 366.038 requires a regional tollway authority, including the North Texas Tollway Authority (NTTA) to provide, for reasonable compensation, tolling services for a toll project in the boundaries of the authority, regardless of whether the toll project is developed, financed, constructed, and operated under an agreement, including a comprehensive development agreement, with the authority or another entity. On June 23, 2009, the department entered into comprehensive development agreements for the design, development, financing, construction, maintenance, repair, operation, extension, and expansion of the North Tarrant Express (NTE) project. The North Tarrant Express is a multi-phased, multi-segment project dedicated to improving mobility along north Interstate 35W, northeast Interstate 820 and State Highway 121/183 Airport Freeway through a regionally supported managed lane system in Tarrant County. The I-35W portion of the project, from I-30 to SH 170 is divided into three segments. Segment 3A consists of 6.5 miles of I-35W from north of I-30 to south of I-820; and Segment 3B consists of 3.6 miles of I-35W from north of I-