Transportation Code, 201.206, authorizes the Texas Department of Transportation VARIOUS Counties MINUTE ORDER Page 1 of 1 VARIOUS s Number Passed Submitted and reviewed by: Recommended by: Minute Date V 114544 fl1i pir%tor, Contracts Purchasing Executive Director L.zu? the donations identified on the attached Exhibit A. IT IS THEREFORE ORDERED by the commission that it acknowledges the acceptance of compliance with the provisions of 43 TAC 1.500-1.506, Government Code, Chapter 575, Transportation Code, 201.206, and Transportation Code, 223.049. The executive director found that the donations identified on the attached Exhibit A were in $500 or more must be acknowledged by order of the commission not later than the 90th day after the not influence or reasonably appear to influence the department in the performance of its duties. which relate to the department s acceptance of donations. Section 1.503 authorizes the executive director to approve acceptance of donations to the department and requires that donations valued at The Texas Transportation Commission (commission) has adopted 43 TAC 1.500-1.506, date the donation is accepted by the department. It further prohibits acceptance of a gift or donation when the donor is subject to department regulation or oversight or when the donor is interested in or likely to become interested in any contract, purchase, payment, or claim with or against the department, except as provided by that section. It also provides that the executive director may approve the acceptance of a donation, notwithstanding the foregoing proscriptions in the rules, if the executive director detenmines that acceptance would provide a significant public benefit and would Transportation Code, 223.049 authorizes the department to contract with an owner of land highway right of way that is directly related to improving access to or from the owner s land. adjacent to a highway that is part of the state highway system to construct an improvement on the a party to a contested case before the agency until the 30th day after the date the decision in the case $500 or more by majority vote at an open meeting, not later than the 90th day after the date the (department) to accept a donation in any form, including realty, personalty, money, materials, and services, for the purpose of carrying out its functions and duties. Government Code, Chapter 575, requires the governing board of a state agency to acknowledge the acceptance of a donation valued at donation is accepted. It also prohibits a state agency from accepting a donation from a person who is becomes final. TEXAS TRANSPORTATION COMMISSION
EXHIBIT A DONATIONS NO. DONOR D/D/O COUNTY DESCRIPTION 1 Aptris Administration 2 Circuit of the Americas, LLC 3 Colonial Crossing Company, Ltd. Austin Waco Travis Bell The donor is donating the class registration fee for Darran Anderson, Director of Strategy and Innovation, to attend the one day ITIL Executive Overview Course in Austin on March 1, 2016. The fixed value of the donation is $1,000. The donor is donating funds sufficient to cover 1) the State's costs to fabricate and install two directional signs for the Circuit of the Americas on SH 71 at Kellam Road in Austin, Travis County, 2) the State's oversight for design and coordination, and 3) the State's contractor's mobilization related to the installation. The estimated value of the donation is $4,750. The donor is donating the design and construction of a left turn lane into the proposed Colonial Parkway (Colonial Crossing Apartment Complex) in Belton, Bell County, Texas. The left turn will be for traffic traveling west on FM 93 approximately 600' east of Loop 121. The turn lane will be approximately 225' long with an additional taper of approximately 175'. To accommodate the additional pavement width required to stripe the proposed left turn lane, additional asphalt pavement will be constructed on the south side of the roadway (outside the existing eastbound shoulder). The proposed pavement will vary from 4' to 12' wide, 4' of which is a replacement of the outer 4' of existing pavement. Reshaping of the roadside ditch on the south side of FM 93 is also included in the project scope, as is all permanent pavement markings and raised pavement markers required to delineate the left turn lane. All design and construction work will be provided by the donor, its consultant or its contractor. The estimated value of the donation is $127,726. $1,000 2/29/16 $4,750 2/29/16 $127,726 2/29/16 March 31, 2016 Commission Meeting Page 1 Exhibit A - Donations
4 Colorado Bend II Power, LLC 5 Formosa Plastics Corporation, Texas Yoakum Yoakum 6 ILF N-T Owner, LP San Antonio 7 Kei LaFleur Traffic Operations Wharton Calhoun Comal Caldwell & Travis The donor is donating (1) the design, materials, and installation of a temporary traffic signal at the driveway of the donor's facility on SH 60 in Wharton County for use during the construction of an additional electric plant unit; (2) major maintenance (i.e., damaged components) of the traffic signal while in operation, and (3), removal of the temporary traffic signal after construction is complete. All design and construction work will be provided by the donor, its consultant or its contractor. The estimated value of the donation is $320,000. (Replaces donation previously acknowledged for Zachry Industrial, Inc. on 10/29/15 due to change in donor.) The donor is donating an amount sufficient to cover the State's direct costs to construct an additional left turn lane and two acceleration lanes and install a traffic signal on FM 1593 at SH 35 in Calhoun County to provide safe access to the donor's facility. All design and construction work will be provided by the State as part of the project under CSJ #1090-05-015. The State will let the contract for construction bids and manage and inspect the construction. The estimated value of the donation is $1,611,374. The donor is donating the design and construction of a right-turn deceleration lane on the I-35 North frontage road, approximately 1.5 miles North of FM 1103, to provide safe access to the donor's development in Schertz, Comal County. All design and construction work will be provided by the donor, its consultant or its contractor. The estimated value of the donation is $50,000. The donor is donating funds sufficient to design, fabricate, and install two memorial highway designation signs on the portion of US 183 designated as the Cpl Jason LaFleur Memorial Highway in Caldwell and Travis Counties. The design, fabrication, and installation of the signs will be performed by the State. The estimated value of the donation is $3,450. $320,000 2/29/16 $1,611,374 2/29/16 $50,000 3/1/16 $3,450 2/29/16 March 31, 2016 Commission Meeting Page 2 Exhibit A - Donations
8 Pioneer Natural Resources USA, Inc. 9 Precast/Prestressed Concrete Institute 10 Precast/Prestressed Concrete Institute 11 QuikTrip Corporation Odessa Wichita Falls Midland Cooke The donor is donating the design and construction to install an overflow structure to route water across the Hwy 80 frontage road from the existing pond at the Pioneer Office building on the north side of the Hwy 80 frontage road to the existing ditch on the south side of the Hwy 80 frontage road in Ector County, Texas. All design and construction work will be provided by the donor, its consultant or its contractor. The estimated value of the donation is $257,836, which includes payment for all State direct and indirect costs for providing engineering review of the project plans, preparation of agreements, and construction inspection. The estimated value of the State's direct and indirect costs is $5,000. The donor is donating the registration fee for Christina Gutierrez, P.E. to attend and assist Jason Tucker, P.E., with his presentation at the Precast/Prestressed Concrete Institute (PCI) 2016 National Bridge Conference and Committee Meetings and 2016 NPCA Precast Show and Committee Meetings held in Nashville, TN on March 1-5, 2016. The fixed amount of the donation is $995. The donor is donating the full costs for registration, airfare, lodging, ground transportation and meals for Jason Tucker, P.E., Precast Concrete Fabrication Engineer, to attend and present at the Precast/Prestressed Concrete Institute (PCI) 2016 National Bridge Conference and Committee Meetings and 2016 NPCA Precast Show and Committee Meetings held in Nashville, TN on March 1-5, 2016. The donor will directly pay for registration, airfare, and lodging and reimburse TxDOT for meals and ground transportation. The estimated value of the donation is $2,160.57. The donor is donating a sufficient amount of funds to cover the State's costs to relocate illumination and signal services at the US 82 and I-35 intersection in Cooke County prior to the start of construction by the donor. The State will contract for the services to be relocated and the donor will reimburse the State for these costs. The estimated value of the donation is $22,450. $257,836 2/29/16 $995 2/29/16 $2,160.57 2/29/16 $22,450 2/29/16 March 31, 2016 Commission Meeting Page 3 Exhibit A - Donations
12 San Marcos Convention and Visitor Bureau 13 Vulcan Materials, LLC Travel Brownwood Eastland The donor is donating an in-kind donation of food, beverages, and admission and transportation to area attractions for the 61st Annual Texas Travel Counselors Conference being hosted by TxDOT April 25-28, 2016 in San Marcos, Texas. The estimated value of the donation is $35,000. The donor is donating an amount sufficient to cover the State's cost to design, let, and construct new at grade railroad crossings under Project No. CC 7-4-113. The project includes new concrete planking and signals at three new railroad crossing locations on I- 20 North and South Frontage Roads and FM 570, as well as, new railroad crash-walls under I-20 in Eastland County, Texas. The estimated value of the donation is $275,895.30. $35,000 2/29/16 $275,895.30 3/9/16 March 31, 2016 Commission Meeting Page 4 Exhibit A - Donations