AGENDA. TEXAS TRANSPORTATION COMMISSION 125 East 11 th Street Austin, Texas. THURSDAY December 13, 2018

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1 AGENDA INTERNET ADDRESS: TEXAS TRANSPORTATION COMMISSION 125 East 11 th Street Austin, Texas 9:00 A.M. CONVENE MEETING THURSDAY December 13, Safety Briefing Staff will provide general safety instruction. 2. Consider the approval of the Minutes of the November 15, 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. Highway Improvement and Other Transportation Facilities (see attached itemized list) (MO) b. Routine Maintenance (see attached itemized list) (MO) c. Construction and Rehabilitation of Buildings (see attached itemized list) (MO) 4. 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. Page 1

2 5. Public Transportation a. Various Counties - Consider the award of federal 5339 and 5311 funds to various rural transit districts for fleet replacement (MO) The awards identified in this minute order reflect the allocation of funding to various rural transit districts for the replacement of fleet. The department was successful in receiving federal discretionary 5339(b) funds for the purpose of replacing fleet beyond its useful life and beyond 130% of recommended service miles. The department is also contributing additional 5311 funds to the project to ensure a state of good repair through b. Various Counties - Consider the award of federal 5311(b)(3) Rural Transit Assistance Program funds to Southwest Area Regional Transit District (MO) The award identified in this minute order reflects the allocation of federal 5311(b)(3) funds to support a regional roadeo event to assist the driver training program in evaluating driver performance. 6. Design-Build Contract Travis County - Consider authorizing the department to issue a request for proposals to develop, design, and construct 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 approving stipulated amounts as payment for the work product of unsuccessful proposers (MO) (Presentation) On September 27, 2018, by Minute Order , the commission authorized the department to issue a request for qualifications to develop, design, construct and potentially maintain the Oak Hill Parkway Project. This minute order continues the procurement process by authorizing the issuance of a request for proposals for the project and approves stipulated amounts for the payment of work product of responsive, unsuccessful proposers. Page 2

3 7. Financial Assistance for Projects Pursuant to Minute Order , approved by the Texas Transportation Commission on June 29, 2017, and a Design-Build Agreement executed October 3, 2017, and in consideration of the contractor s reliance on the contract and continuous progress on the Texas Department of Transportation s project to extend SH 249 from FM 1774 in Pinehurst, Texas in Montgomery County to FM 1774 in Todd Mission, Texas in Grimes County (Segment 1), and from FM 1774 in Todd Mission, Texas to SH 105 near Navasota, Texas in Grimes County (Segment 2), consider approving a Master Trust Agreement and Supplemental Agreements authorizing the issuance of one or more series of SH 249 System Toll Revenue Bonds to finance a portion of the cost of Segment 1 of the project, including design, right-of-way, construction, and financing costs, approving the documents relating to such bonds and designating department officials to take all actions necessary to deliver the bonds; and consider adopting investment strategies for funds to be held under the trust indenture for the bonds; and consider establishing initial toll rates and approving a toll rate escalation policy for the SH 249 System, which will be comprised of Segment 1 of the project (MO) The SH 249 System will be comprised of Segment 1 of a highway project to extend SH 249 to include an up to four-lane divided, controlled access toll road with intermittent two-lane, non-tolled, one way frontage roads in each direction, from FM 1774 in Pinehurst, Texas to FM 1774 in Todd Mission, Texas. Pursuant to Minute Order and in consideration of the contractor s reliance on the contract and continuous progress on Segments 1 and 2 of the department s project under the Design-Build Agreement, this minute order authorizes the chief financial officer and other designated department officials to issue one or more series of SH 249 System Toll Revenue Bonds to pay a portion of the cost of the project including design, right-of-way, construction, and financing costs of Segment 1 of the SH 249 Project and approves official statements, bond purchase contracts, continuing covenant agreements and other related documents as authorized by Texas Transportation Code Chapter 228 and Government Code Chapter This minute order also adopts investment strategies for funds to be held under the trust indenture for the bonds, which will be added to the investment policy. The Public Funds Investment Act requires the commission to approve by order any modifications to the investment policy and investment strategies. This minute order also adopts the initial toll rates and the toll rate escalation policy for the SH 249 System, which will become effective upon the substantial completion of the construction of Segment State Infrastructure Bank Eastland County - City of Rising Star - Consider final approval of a request from the City of Rising Star (city) for a State Infrastructure Bank loan in the amount of up to $252,388 to pay the city's contribution to the department for funding participation in the costs of acquiring right of way and relocating or adjusting utilities necessary for a nontolled state highway improvement project on US 183 within the city limits of the City of Rising Star in Eastland County, Texas (MO) The City of Rising Star will secure the loan with a pledge of utility revenues. The loan will be used to pay the city's contribution to the department for right of way acquisition and utility relocation costs necessary for a non-tolled state highway improvement project on US 183 within the city limits of the City of Rising Star. Page 3

4 9. 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. 10. 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) Harris County FM 1960 in Huffman - Consider the sale of right of way to the abutting landowner (MO) The district has determined that the land is no longer needed for highway purposes. The abutting landowner has requested to purchase the land, and it may be sold to the requester. (2) Jefferson County - I-10 at Major Drive in Beaumont - Consider the sale of right of way to the abutting landowner (MO) The district has determined that the land is no longer needed for highway purposes. The abutting landowner has requested to purchase the land, and it may be sold to the requester. 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) Report on Environmental Review of Projects (Report) A report on projects processed under the procedures of Transportation Code, Chapter 201, Subchapter I-1, Environmental Review Process, enacted by the 82nd Texas Legislature. This report is required by Transportation Code (a). Page 4

5 10. Routine Minute Orders and Reports (continued) d. Highway Designation Cameron County - In the city of Brownville, consider removing a segment of FM 803 from the state highway system and designating a segment of FM 803 on a new location (MO) This minute order removes a segment of FM 803 from the state highway system from Olmito North Road southward to FM 511/SH 550, a distance of approximately 2.3 miles; and designates a segment of FM 803 on a new location from the former location of FM 803 (Olmito North Road) southwestward to I-69-E, a distance of approximately 2.0 miles. e. Designation of Access Control (1) Fort Bend County - I-69, in the City of Rosenberg - Consider the designation of six locations on the I-69 southbound frontage road at which access will be permitted to the abutting property (MO) The designation of four 30-foot breaks and one foot break in the control-of-access line will allow the abutting landowner to open five commercial driveways and one 70-foot break in the control-of-access line will allow the abutting landowner to open one roadway (proposed by the City of Rosenberg) for access to and from the I-69 southbound frontage road. The district has determined that access may be permitted at the designated locations. (2) Harris County - SH 288, in the City of Houston - Consider the designation of one location on the SH 288 southbound entrance ramp at West Orem Drive at which access will be permitted to the abutting property (MO) The designation of one foot break in the control-of-access line will allow the abutting landowner to open one commercial driveway for access to and from the SH 288 southbound entrance ramp at West Orem Drive. The district has determined that access may be permitted at the designated locations. f. 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. 11. 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 and will not necessarily be considered by the commission in that order. Agenda items with (MO) are those for 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 Page 5

6 (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 6

7 TEXAS TRANSPORTATION COMMISSION AGENDA Attached Lists December 13, 2018 Highway Improvement and Other Transportation Facilities State Let (a) County Highway Controlling Dist. Name Number Project No. ABL HOWARD BI 20-G C ABL JONES FM 1661 STP 2019(327) AMA RANDALL SL 335 NH 2019(267) ATL BOWIE US 67 NH 2019(260) ATL CAMP SH 11 STP 2019(261)HES ATL HARRISON FM 9 STP 2019(262) AUS BASTROP US 290 NH 2019(298) AUS BURNET US 183 BPM AUS TRAVIS US 290 NH 2019(297) AUS TRAVIS VA C BMT LIBERTY FM 1010 STP 2019(308)HESG BMT TYLER US 287 C BRY MILAM FM 1712 SSW CHS BRISCOE SH 256 STP 2019(316)HES CHS COLLINGSWORTH FM 338 STP 2019(315)HES CRP LIVE OAK SH 72 STP 2019(336) CRP NUECES IH 37 NH 2019(490) DAL COLLIN SH 5 STP 2019(257) DAL DALLAS IH 20 STP 2019(256)MM DAL ELLIS FM 984 STP 2019(258) DAL KAUFMAN US 175 NH 2019(255) FTW PALO PINTO SH 337 C FTW TARRANT VA C Page 7

8 Highway Improvement and Other Transportation Facilities State Let (a) County Highway Controlling Dist. Name Number Project No. HOU HARRIS VA C HOU MONTGOMERY FM 1488 C LBB HALE IH 27 BR 2019(296) LBB SWISHER CR BR 2018(214) LFK ANGELINA SH 103 C LFK ANGELINA SH 147 STP 2019(332)HES LFK SABINE FM 1 STP 2019(330)HES LFK SABINE FM 01 BPM LRD WEBB CS STP 2019(300)HES ODA ECTOR FM 1787 C ODA MIDLAND FM 1787 C PAR HUNT SH 24 C PAR LAMAR VA C PHR HIDALGO US 83 STP 2019(275)HES SAT BEXAR US 281 NH 2019(273) SAT MCMULLEN SH 16 STP 2019(274) SAT UVALDE US 90 NH 2019(272) SJT CONCHO US 83 STP 2019(271) SJT RUNNELS US 83 STP 2019(269) TYL VAN ZANDT US 80 STP 2019(334) WAC HILL SH 22 BPM WAC MCLENNAN IH 35 NH 2019(312) WAC MCLENNAN US 84 STP 2019(311)HES YKM WHARTON CS STP 2019(264)TAPS YKM WHARTON FM 441 C YKM WHARTON FM 2765 C Page 8

9 Routine Maintenance State Let (b) County Highway Controlling Dist. Name Number Project No. ABL TAYLOR IH 20 RMC AMA GRAY US 60 RMC ATL BOWIE US 59 RMC ATL BOWIE US 59 RMC ATL HARRISON US 59 RMC ATL TITUS US 271 RMC AUS TRAVIS FM 734 RMC AUS TRAVIS IH 35 RMC AUS TRAVIS IH 35 RMC AUS WILLIAMSON SH 195 RMC AUS WILLIAMSON US 79 RMC BWD EASTLAND IH 20 RMC BWD MCCULLOCH FM 504 RMC CRP NUECES IH 37 RMC DAL COLLIN SH 78 RMC DAL DALLAS IH 35E RMC DAL DALLAS IH 20 RMC DAL DALLAS FM1382 RMC DAL DENTON IH 35 RMC DAL DENTON IH 35 RMC DAL DENTON FM 455 RMC DAL DENTON IH 35 RMC DAL DENTON IH 35W RMC DAL ELLIS US 287 RMC ELP CULBERSON IH 10 RMC ELP EL PASO IH 10 RMC ELP EL PASO IH 10 RMC ELP EL PASO IH 10 RMC Page 9

10 Routine Maintenance State Let (b) County Highway Controlling Dist. Name Number Project No. FTW JOHNSON US 67 RMC FTW TARRANT SH 114 RMC HOU FORT BEND US 59 RMC HOU FORT BEND US 59 RMC HOU GALVESTON SH 146 RMC HOU HARRIS SL 08 RMC HOU HARRIS IH 610 RMC HOU MONTGOMERY IH 45 RMC ODA MIDLAND IH 20 RMC ODA REEVES IH 20 RMC PAR HUNT US 69 RMC PAR HUNT IH 30 RMC WAC BOSQUE SH 22 RMC YKM COLORADO IH 10 RMC YKM VICTORIA US 59 RMC Construction and Rehabilitation of Buildings State Let (c) County Site Dist. Name Number Project ID ELP EL PASO FTW WISE SHQ TRAVIS Eminent Domain Controlled Access County Highway Exhibit ROW CSJ No. Parcel Angelina US 59 N C Dallas IH 635 C Grimes SH 249 H A Grimes SH 249 I B Page 10

11 Eminent Domain Controlled Access County Highway Exhibit ROW CSJ No. Parcel Grimes SH 249 J C Grimes SH 249 K A Grimes SH 249 L B Grimes SH 249 M C Harris IH 610 E X Liberty SH 99 B Liberty SH 99 O Lubbock FM 1585 D Lubbock FM 1585 A Montgomery SH 99 F Nueces US 181 G ,305AC Eminent Domain Non-Controlled Access County Highway Exhibit ROW CSJ No. Parcel Anderson US Brazoria SH Brazoria SH Brazoria SH Camp SL Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Page 11

12 Eminent Domain Non-Controlled Access County Highway Exhibit ROW CSJ No. Parcel Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Page 12

13 Eminent Domain Non-Controlled Access County Highway Exhibit ROW CSJ No. Parcel Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US ,84E Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Denton US Page 13

14 Eminent Domain Non-Controlled Access County Highway Exhibit ROW CSJ No. Parcel Denton US Denton US Denton US Denton US Denton US Fort Bend SH ,108E Fort Bend SH Fort Bend FM Fort Bend FM Fort Bend FM Fort Bend FM Fort Bend FM Fort Bend FM Fort Bend FM Fort Bend FM Gonzales FM Gonzales FM Harris FM Harris FM Harris FM Harris FM Harris FM Harris FM Harris FM Harris FM Harris FM Harris FM Harris FM Harris FM Harris FM Harris FM Harris FM Hidalgo FM Hidalgo FM Hidalgo FM Hidalgo FM Hidalgo FM Page 14

15 Eminent Domain Non-Controlled Access County Highway Exhibit ROW CSJ No. Parcel Hidalgo FM Hidalgo FM Hunt SH Hunt SH Hunt SH ,29TE Johnson US TE Johnson US TE Lubbock FM A Lubbock FM Lubbock FM Lubbock FM Lubbock FM Lubbock FM Lubbock FM Lubbock FM Montgomery FM Montgomery FM Montgomery FM Montgomery FM Montgomery SH Donations to the Department Donor Dist County Donation Description 59 Fuel Inc HOU Montgomery Design and construction of a flashing signal from westbound US 59/Interstate 69 frontage road into the donor's development in Splendora. Community Health HOU Harris Design and construction of a left turn lane 1st Realty, LLC from southbound East Blvd. into the Hospitality First ER development in Deer Park. D.R. Horton - HOU Fort Bend Design and construction of a left turn lane Texas, Ltd. from southbound FM 2977 into the Sunset Crossing development in Rosenberg. Page 15

16 Donations to the Department Donor Dist County Donation Description HRS Operating, LLC ODA Winkler Design, construction, and construction engineering inspections of highway improvements to include the addition of acceleration lanes, deceleration lanes, improvements to surface drainage and installation of small roadside warning signs along SH 115 in Winkler County. QuikTrip Corporation AUS Williamson Design and construction of a storm water conveyance pipes for storm drainage improvements on US 183 at US 183A in Leander. SDI 59 Porter, LLC HOU Montgomery Design and construction of a hooded left turn lane with concrete median modifications from eastbound and westbound FM 1314 into the Shoppe's at Porter development in Porter. Southwestern Bell HOU Harris Funds sufficient to cover the State's cost to Telephone Company adjust manholes and ground boxes during dba AT&T Texas construction of SH 6, from Clay Road to FM 529, under CSJ in Harris County. Southwestern Public LBB Hale Fixed amount of funds for rental on a loader Service Company and material cost for the State to repair pavement on FM 37, FM 400, and FM 789 southeast of IH 27 in Hale County. Total Men s Primary AUS Travis Revenue generation through the Sponsor Care a Iron Cactus AUS Travis Revenue generation through the Sponsor a Bab s Thirty-Four LLC AUS Travis Revenue generation through the Sponsor Dba Satellite a Eat.Drink.Orbit. The Salt Lick AUS Travis Revenue generation through the Sponsor a Open Road Auto AUS Travis Revenue generation through the Sponsor Motive & Tire a Page 16

17 Donations to the Department Donor Dist County Donation Description Precision Heating & AUS Travis Revenue generation through the Sponsor Air, LLC a Sames Red Barn AUS Travis Revenue generation through the Sponsor Motors a 6 th Street Cow LLC, DAL Dallas Litter pick-up throughout a corridor on the Dba Jake s Burgers Mathur Law Offices, DAL Dallas Litter pick-up throughout a corridor on the P.C. Twisted Root Burger DAL Dallas Litter pick-up throughout a corridor on the Company Iron Cactus DAL Dallas Litter pick-up throughout a corridor on the Weatherford CE LLC FTW Parker Litter pick-up throughout a corridor on the Chicken Express Law Firm of Roger FTW Tarrant Litter pick-up throughout a corridor on the Rocky Walton, P.C. 6 th Street Cow LLC, FTW Tarrant Litter pick-up throughout a corridor on the Dba Jake s Burgers First Choice ER FTW Tarrant Litter pick-up throughout a corridor on the LandPark HOU Harris Litter pick-up throughout a corridor on the Commercial, LLC Page 17

18 Donations to the Department Donor Dist County Donation Description Iron Cactus SAT Bexar Litter pick-up throughout a corridor on the PAX Financial Group SAT Comal Litter pick-up throughout a corridor on the Page 18