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MARYLAND TRANSPORTATION AUTHORITY

AUTHORITY MEETING

WEDNESDAY, APRIL 23, 2008

MEMBER CONFERENCE ROOM - POINT BREEZE

OPEN SESSION

MEMBERS IN ATIENDANCE: John D. Porcari, Chairman

P. Jack BassoRev. Dr. William C. Calhoun, Sr.

Mary B. HalseyLouise P. Hoblitz.ell

Richard C. Mike Lewin

Isaac H. Marks, Sr., EsquireMichael J. Whitson (via telephone)

Walter E.Woodford, Jr., P.E.

STAFF IN ATTENDANCE: Ron Freeland, Executive Secretary

Lt Colonel Gary BetzingGreg Brown

Randy BrownDavid Chapin

Sandra Clifford, Esquire

Donna Dean

Joyce DiepoldKeith Duerting

Deb Donohue, Esquire

Doug Hutcheson

Geoffrey KolbergDaniel F. McMullen, IIIGail Moran

Ma~orie NesbittDennis Simpson

Cheryl Sparks

Chris ThompsonSam TriandosAlison Williams

Melissa Williams

OTHERS IN A.TTENDANCE: Preston Davis, Alpha Corporation

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OPEN SESSION

APRIL 23,2008

PAGE 2

Chairman Porcari called the meeting of the Maryland Transportation

Authority to order at 9:02 a.m.

The Chairman, members and staff welcomed Mary B. Halsey, the newest

Authority member to the meeting. Ms. Halsey has been appointed to serve the

remainder of a four-year term until 2011.

At 9:03 a.m., motion was made by Mr. Basso and seconded byMs. Hoblitzell, with unanimous approval of the members, to move into Closed

Session pursuant to Section 10-508 (a) of the State Government Article of the

Annotated Code of Maryland to: (1) discuss (ii) a personnel matter that affectsone or more specific individuals (Greg Bauer; compensation matters); (6) to

consider the marketing of public securities (TIFIA update); (7) to consult with

counsel to obtain legal advice (Daisy Concrete, Inc. of Maryland v. Maryland

Transportation Authority et al.); (8) to consult with staff, consultants, or other

individuals about pending or potential litigation (Daisy Concrete, Inc. of Maryland

v. Maryland Transportation Authority, et aLl; (10) to discuss public security,

because the Authority detennined that public discussion would constitute a risk to

the public or to public security, including: (i) the deployment of fire and police

services and staff (security and police update); (14) before a contract is awarded

or bids are opened, discuss a matter directly related to a negotiation strategy

because public discussion or disclosure would impact the Authority's ability to

participate in the competitive bidding or proposal process (Daisy Concrete, Inc. of

Maryland v, Maryland Transportation Authority et al.).

(At 9:20 a.m., Rev. Dr. Calhoun arrived at the meeting).

ACTIONS TAKEN DURING CLOSED SESSION

The following actions were taken during closed session:

• Line of Duty Death

Upon motion by Ms. Hoblitzell and seconded by Mr. Woodford, members

unanimously approved the Authority's participation in applying the provisions of

HB 725 - State Retirement and Pension System - Line of Duty Death Benefitsstatute to the family of Gregory Bauer, the Authority's maintenance worker whowas killed on the job April 8, 2008, the Chairman specifically concurring.

• Daisy Concrete, Inc. v. Maryland Transportation Authority et al.

Upon motion by Rev. Dr. Calhoun and seconded by Ms. Hoblitzelt,members unanimously delegated authority to the Executive Secretary tonegotiate and finalize a settlement with Daisy Concrete on Contract No. KH 271-

000-002R for improvements to the 1-95/MD 24 Interchange.

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OPEN SESSION

APRIL 23, 2008

PAGE 3

At 9:50 a.m., motion was made by Rev. Dr. Calhoun, seconded by Mr.Marks and unanimously approved, to move to Open Session.

RATIFICATION OF ACTIONS TAKEN DURING CLOSED SESSION

Upon motion by Mr. Woodford and seconded by Ms. Hoblitzell, members

unanimously ratified the above-recorded actions taken in Closed Session.

A moment of silence was held by the Chairman and members to honor

Authority Maintenance Worker Gregory Bauer, who was killed on the job.

APPROVAL OF OPEN AND CLOSED SESSION MINUTES

Upon motion by Mr. Whitson and seconded by Mr. Marks, members

unanimously approved the Open and Closed Session minutes of the March 26,

2008 Authority meeting.

APPROVAL - CONTRACT NO.1 0732389 - FINANCIAL AUDIT SERVICES

Ms. Joyce Diepold advised that member approval is needed to award theAuthority's Financial Audit Services contract. Approval from the Board of Public

Works is also needed. Mr. Marks served on the evaluation panel andrecommended the award.

Upon motion by Mr. Basso and seconded by Rev. Dr. Calhoun, members

unanimously awarded Contract No. 10732389 to Clifton Gunderson, LLP in theamount of $500,000 for a term of five years.

At 9:55 a.m. motion was made by Ms. Hoblitzell, seconded by Mr.

Woodford and unanimously approved, to return to Closed Session, pursuant toSection 10-508(a) of the State Government Article of the Annotated Code of

Maryland to: (8) consult with staff, consultants, or other individuals about pendingor potential litigation (certain AlE contracts).

No actions were taken during Closed Session.

At 10:04 a.m., motion was made by Rev. Dr. Calhoun, seconded by Mr.Whitson and unanimously approved to return to Open Session.

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OPEN SESSION

APRIL 23, 2008

PAGE 4

APPROVAL - CONTRACT NO. AE-769-000-00216 - EXTRA WORK

AUTHORIZA liON

Mr. Kolberg requested approval of an Extra Work Authorization to perform

a hands-on inspection of all bridges to satisfy a federal directive and to advance

the overall inspection program. This item was reviewed and recommended for

approval by the Capital Committee. Upon motion by Mr. Woodford and

seconded by Ms. Hoblitzell, members unanimously approved the Extra Work

Authorization for Contract No. AE-769-000-002/6 - Annual Facilities Inspections

contract in the amount of $8,212,288. to the joint venture of Whitney Bailey Cox

and Magnai, LLC/Rummel, Klepper and Kahl, LLP.

APPROVAL - CONTRACT NO. AE-728-000-00216 - COMPREHENSIVEPROJECT PLANNING AND TRAFFIC ENGINEERING SERIES

Mr. Kolberg presented this agenda item for member approval which has

been reviewed and recommended for approval by the Capital Committee.

Johnson, Mirimam and Thompson submitted a revised proposal to perform

additional environmental services to support the Section 200 Project Planning

Study. Additional tasks will exceed the original $6 million contract limit.

Upon motion by Mr. Woodford, and seconded by Rev. Dr. Calhoun,members unanimously approved the increase to the upset limit for Contract No.

AE-728-000-002l6 - Task No. 17 - Section 200 Preliminary Engineering by the

amount of $625,000 for a total amount not to exceed $6,625,000 to Johnson,Mirimam and Thompson. Approval from the Board of Public Works is also

necessary.

APPROVAL - CONTRACT NO. AE-732-000-002l6 - COMPREHENSIVEPROJECT PLANNING AND TRAFFIC ENGINEERING SERVICES

Mr. Kolberg advised that approval is needed to increase the upset limit for

Contract No. AE-732-000-002/6 - Task No. 15 - Nice Bridge ImprovementProject and Task No. 24 - Section 200 Preliminary Engineering from $4 million to$4,944,968.99. The joint venture of Whitman Requardt and AssociateslMcCormick, Taylor and Associates submitted revised proposals to performadditional environmental services to support the Nice Bridge ImprovementProject and additional preliminary engineering services associated with theSection 200 Project Planning Study. The contract has been reviewed and

recommended for approval by the Capital Committee.

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OPEN SESSION

APRIL 23, 2008

PAGE 5

Upon motion by Mr. Woodford, and seconded by Rev. Dr. Calhoun,

members unanimously approved the increase to the upset limit by the amount of$944,968.99, for a total amount not to exceed $4,944,968.99 for Contract No.

AE-732-000-002l6 - Task No. 15 - Nice Bridge Improvement Project and TaskNo. 24 - Section 200 Preliminary Engineering to Section 200 Preliminary

Engineering to the joint venture of Whitman Requardt and AssociateslMcCormick, Taylor and Associates. Approval from the Board of Public Works is

also necessary.

APPROVAL - CONTRACT NO. MA-549-000-006 - MOTA ELECTRONIC TOLLSYSTEM REPLACEMENT AND OPERA liON WORK

Mr. Kolberg advised that member approval is needed to increase theExecutive Secretary's delegated authority for approval of extra work for Contract

MA-549-000-006 to $48,807,804.11 (25.984%) for 11 sets of additional stop-incenter equipment. Migration to the Next Generation System occurred during

April 11 - 14, 2008 and is almost complete.

Upon motion by Mr. Woodford and seconded by Mr. Marks, members

unanimously approved increasing the Executive Secretary's delegated authority

to $48,807,804.11 (25.984%) for Contract No. MA-549-000-006. The Authority's

Finance Committee will track traffic volume and revenue statistics.

APPROVAL - CONTRACT NO. LB - 628-000-002 - 5Kv FEEDER

REPLACEMENT AT BAY BRIDGE

Mr. Kolberg advised members that approval is needed to increase theExecutive Secretary's delegated authority for this contract, to approve extra work

in the amount of $904,264 (19.89%).

Upon motion by Mr. Woodford and seconded by Rev. Dr. Calhoun,

members unanimously approved increasing the Executive Secretary's delegatedauthority for Contract No. LB-628-000-002 - 5KV Feeder Replacement at theBay Bridge to $904,264 (19.89%).

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OPEN SESSION

APRIL 23, 2008

PAGE 6

LEGISLATIVE UPDATE

Ms. Gail Moran provided a summary of the 2008 legislative session:

• SENATE BILL 182: MARYLAND TRANSPORT AllON AUTHORITY

• Increases the toll revenue bond indebtedness cap from the current$1.9 billion level to $3.0 billion.

• Authorizes a transfer of $211,913,000 from the General Fund over

three years: $85 million in FY 209; $63 million in FY 2010 and$63,913,000 in FY 2011.

• Mandates extensive annual reporting requirements concerning aSix-year financial forecast (revenues, bond issuances, debt service,

cash balances, money transfers from the General Fund and the

Transportation Trust Fund, GARVEE bonds, and operatingexpenses).

In addition, funding related matters linked with construction of theIntercounty Connector must be reported annually until completion of the facility's

construction. EFFECTIVE DATE: July 1, 2008

• SENATE BILL 301: PROCUREMENT - SMAL.L BUSINESS RESERVE

PROGRAM EDIBIUTY MODIFICATIONS

Adds the Authority to the list of state agencies and universities that

must participate in the Small Business Reserve Program.EFFECTIVE DATE: October 1, 2008

• SENATE BILL 4921HB 875: VEHICULAR CROSSINGS - USE

PEDESTRIANS AND BICYCLES -

AUTHORIZATION

Authorizes use of Authority vehicular crossings (tunnels andbridges) by bicycles and pedestrians when the Chairman of theAuthority so authorizes their use.EFFECTIVE DATE: October 1, 2008

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OPEN SESSION

APRIL 23, 2008PAGE 7

• SENATE BILL 1741HB 1119: MOTOR VEHICLE - TOWING AND TOWED

VEHICLES - PROCEDURES AND

E.QUIPMENT

This bill dictates the equipment and procedures that must be used

by a person pulling a trailer or any other vehicle. The driver will be

held liable for any accident caused by failure to follow these

procedures and, when such accidents result in another's death or

serious injury and there is a conviction for that injury or death, thedriver is subject to a fine of up to $1,000.

EFFECTIVE DATE: October 1, 2008

• House BILL 488: MOTOR VEHICLE ACCIDENT REPORTS - ACCESS

This bill revises policies for the distribution of motor vehicle

accident reports. Persons who are not attorneys and desire anymotor vehicle accident report for the purpose of soliciting another

person to sue or to retain a lawyer to represent them cannot obtainthe report and are subject to a fine of $1,000 or imprisonment not

exceeding one year, or both.

EFFECTIVE DATE: This is an emergency bill and took effectimmediately after its enactment on April 4, 2008.

This item was presented for information only. Preparations for the

2009 Session and the General Assembly will begin this summer.

1-95SECTION 200 PROJECT PLANNING STUDY

Ms. Melissa Williams provided a summary of the comments received atthe December 13, 2007 Public Hearing on Section 200. Based on comments

received, and the engineering and environmental analysis, staff recommends theExpress Toll Lanes (ETLs) as the preferred alternate. Capital Planning staff is

currently working on responses to citizen's comments. This item was presented

for information only.

DECLARING PROPERTY EXCESS TO THE AUTHORITY'S NEEDS ANDRECOMMENDING A DONATION

Mr. McMullen presented this agenda item for member approval. TheSecretary of the Department of Public Safety and Correctional Services hasrequested the donation of two surplus Authority dump trucks.

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OPEN SESSION

APRIL 23, 2008

PAGE 8

Upon motion by Ms. Hoblitzell and seconded by Mr. Marks, members

unanimously declared the dump trucks to be excess to the Authority's operationalneeds and recommended the donation of the trucks to the Department of Public

Safety and Correctional Services.

IBTTA ANNUAL MEETING OVERVIEW

Mr. McMullen provided a brief overview on the International Bridge Tunnel

and Turnpike Association's (lBTIA) 2008 Annual Meeting. The 2008 meeting-"The Stars Are Aligned - People, Places and Ideas" - will be hosted by the

Maryland Transportation Authority September 20 through September 24,2008 atthe Baltimore Marriott Waterfront Hotel. The IBTIA Board of Directors Meeting

will be hosted by the Chairman and members on Saturday, May 20, 2008 at 6:00p.m. at the Tremont Hotel. Technical tours for the Fort McHenry Tunnel and the

Bay Bridge will be offered to attendees .. The opening reception will be held at the

Baltimore Aquarium. Members will continue to be updated.

Ms. Sparks added that the April issue of Connections will be dedicated tothe memory of Gregory Bauer.

REPORT OF COUNSEL

Ms Donohue presented the Report of Counsel to members for theirinformation.

There being no further business, the meeting of the Maryland

Transportation Authority was adjourned, by general consensus, withoutobjection, at 11:10 a.m. upon motion by Ms. Hoblitzell and seconded by Mr.Marks.

A luncheon for outgoing member Carolyn Peoples followed the meeting.

The next meeting of the Maryland Transportation Authority will be held onWednesday, May 28, 2008 at 9:00 a.m. in the member conference room of thePoint Breeze complex.

mdta minutes 04 23 08

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