OCTOBER 25, 2012 10367
MINUTES OF THE REGULAR MEETING OF THE OKLAHOMA TURNPIKE AUTHORITY, HELD OCTOBER 25, 2012 AT THE NEAL A. MCCALEB TRANSPORTATION BUILDING, 3500 MARTIN LUTHER KING AVENUE, OKLAHOMA CITY, OKLAHOMA.
NOTICE of the schedule of regular meetings of the Oklahoma Turnpike Authority for the calendar year 2012 having been given to the Oklahoma Secretary of State, and public notice and agenda having been posted in prominent public view at the principal office of the Oklahoma Turnpike Authority, Neal A. McCaleb Transportation Building at 3500 Martin Luther King Avenue, Oklahoma City, Oklahoma, twenty-four (24) hours prior to this meeting, excluding Saturdays, Sundays and legal holidays, all in compliance with the Oklahoma Open Meeting Act.
CALL TO ORDER: Mr. Albert C. Kelly called the meeting to order at 10:39 a.m.
ROLL CALL: PRESENT: Mr. Albert C. Kelly Mr. David A. Burrage Mr. G. Carl Gibson Mr. Kenneth Adams Mr. Kevin Hern Mr. Gene Love
ABSENT: None
INTRODUCTION OF GUESTS:
Ms. Jenny Johnson introduced the following guests: Mr. Mike Morrison, W2M Consulting, Oklahoma City; Ms. Teresa Stephens, Crafton Tull, Oklahoma City; Mr. Gillett Cobb, Jacobs, Oklahoma City; and Mr. Mike Vahabzadegan, EST, Oklahoma City.
APPROVAL OF MINUTES:
Mr. Kelly called for approval of the minutes for the Regular Authority Meeting of August 23, 2012.
It was moved by Mr. Love and seconded by Mr. Gibson that the minutes be approved as presented.
The motion carried by the following vote: YES: Burrage, Gibson, Adams, Hern, Love, Kelly
EMPLOYEE RECOGNITION AND OTHER AWARDS
There were no employee recognitions for the month of October. October 25, 2012 10368 Page 2.
Mr. Kelly asked Mr. Tim Stewart to give a brief review of the sticker tag transition efforts. Mr. Stewart stated that OTA began in March 2011 replacing the old allegro hard case PIKEPASS units with the new sticker tag technology. The new PIKEPASSes would provide a long life because they are without battery. The old tags have batteries that expire and the technology is no longer supported. The new technology will improve the reads and improve our System long term as well as open up opportunities for interoperability with other states. We currently have 590,323 active accounts and 1,364,145 active tags associated with those accounts. To date we have transitioned 84.5% of the accounts to the new technology. We have about 16% of the new conversions to complete. Half of those 16% are regular, ongoing users of our System. We need those customers to contact us because effective November 5, 2012, OTA will begin issuance of the final notice to all customers that have yet to respond. We have issued four notices prior to this fifth notice. We have made phone calls, placed ads in the paper, and have had numerous news stories written about the conversion. Thirty days after that final notice is issued, we will begin turning those old tags off. If you have your license plate registered with the account and we video image your vehicle, you will be charged the cash toll rate until you get converted to the new technology. If you do not have your license plate recorded with OTA and you violate the PIKEPASS lanes, we will send you a violation notice. If you are a customer, and you contact us concerning that notice, we will reconcile that violation, charge you the toll rate and then convert you to the new technology. We encourage all our customers that have missed our previous notices not to wait, but to go ahead and convert their accounts to the new technology.
Mr. Kelly asked how many tags were outstanding that had not been converted. Mr. Stewart stated that there were 91,000 accounts not converted. Some of those accounts were extremely infrequent users and about half were more regular users. Mr. Hern asked how many accounts had been converted. Mr. Stewart stated 498,715 accounts.
NEW BUSINESS:
AUDIT AND BUDGET ITEM(S)
TAB 1 9882. Consider, take action and vote for the approval or disapproval of the proposed Preliminary Annual Budget for the Oklahoma Turnpike System for the Calendar Year 2013 in the amount of $73,153,203 for operations and maintenance of the turnpike system. Also a $89,368,948 Capital Budget for 2013 is incorporated.
Mr. Adams presented this item stating that it was reviewed by the Audit and Budget Committee and staff recommended approval as presented. Mr. Adams commended Ms. Wendy Smith and her staff on a job well done. Mr. Kelly also noted that the final version of the budget would be brought back in November for approval.
It was moved by Mr. Adams and seconded by Mr. Gibson that the Authority approve the preliminary budget as presented.
The motion carried by the following vote: YES: Burrage, Gibson, Adams, Hern, Love, Kelly October 25, 2012 10369 Page 3.
FINANCE COMMITTEE ITEM(S)
Item 9883. CONSENT DOCKET – Consider and vote for approval or disapproval of all or any portion of the Finance Consent Docket as follows:
TAB 2 A. Consider, take action and vote for the approval or disapproval of the Payment Register for the periods of August 1, 2012 to and including August 31, 2012, and September 1, 2012 to and including September 30, 2012.
TAB 3 B. Consider, take action and vote for the approval or disapproval of a request to authorize the Director to negotiate Lease Agreement extensions for the Eufaula and Antlers Service Plazas on the Indian Nation Turnpike.
TAB 4 C. Consider, take action and vote for the approval or disapproval of a request to authorize the Director to enter into an Agreement with the Oklahoma Tourism and Recreation Department to provide kiosks and related maintenance and support at the OTA Service Plazas.
Mr. Hern presented the Consent Docket stating that these items were reviewed by the Finance Committee and staff recommended approval as presented.
It was moved by Mr. Hern and seconded by Mr. Gibson the Authority approve the Consent Docket as presented.
The motion carried by the following vote: YES: Burrage, Gibson, Adams, Hern, Love, Kelly ______
FINANCE COMMITTEE ITEM(S) FOR SEPARATE VOTE
TAB 5 9884. Consider, take action and vote for the approval or disapproval of Addendum No. 5A to the Contract between TransCore, LP and the Oklahoma Turnpike Authority for Electronic Toll Collection Maintenance Services for a five-year period at an annual cost of $3,400,000.
Mr. Hern presented this item stating that it was reviewed by the Finance Committee and staff recommended approval as presented.
It was moved by Mr. Hern and seconded by Mr. Gibson that the Authority approve this item as presented.
The motion carried by the following vote: YES: Burrage, Gibson, Adams, Hern, Love, Kelly
October 25, 2012 10370 Page 4.
ENGINEERING AND CONSTRUCTION COMMITTEE ITEM(S)
TAB 6 9885. Change Order(s)/Supplemental Agreement(s):
Project No. Contractor Amount Time
1. CKT-2121, S.A. #2 Sherwood $368,858.72 0 Days Pavement and Bridge Construction Widening Creek Turnpike
2. C-MC-19, C.O. #1 Dobson Brothers ($48,773.35) 0 Days Pavement Rehab From MP 40.5 – 47.0 Cimarron Turnpike
3. SP-49, C.O. #1 Markwell Paving $4,725.00 0 Days Pavement Rehab To Complex Roadway and OTA Parking Lot
4. T-MC-108, C.O. #1 AC Owen $55,290.00 0 Days New OTA Maintenance Construction Facility off SH–66 Near Wellston Turner Turnpike
Mr. Love presented this item stating that it was reviewed by the Engineering and Construction Committee and staff recommended approval as presented.
It was moved by Mr. Love and seconded by Mr. Burrage that the Authority approve this item as presented.
The motion carried by the following vote: YES: Burrage, Gibson, Adams, Hern, Love, Kelly
TAB 7 9886. Consider, take action and vote for the approval or disapproval of Contract Modifications to the following Engineering Design Services Contract(s):
Project No. Consultant Amount Fund
1. WR-MC-116 Beck Design NTE $32,000.00 General Modification No. 5 Renovation of Vinita Service Plaza Will Rogers Turnpike October 25, 2012 10371 Page 5.
Project No. Consultant Amount Fund
2. CKT-2121 SAIC NTE $108,000.00 Construction Modification No. 3 Pavement and Bridge Widening Creek Turnpike
Mr. Love presented this item stating that it was reviewed by the Engineering and Construction Committee and staff recommended approval as presented.
It was moved by Mr. Love and seconded by Mr. Adams that the Authority approve this item as presented.
The motion carried by the following vote: YES: Burrage, Gibson, Adams, Hern, Love, Kelly
TAB 8 9887. Consider, take action and vote for the approval or disapproval of the following Construction Contract Award(s):
Project No. Low Bidder Amount Fund
1. MU-MC-35 Manhattan Road $2,528,604.50 Construction Rehabilitation of and Bridge Bridge No. 37.14 L&R Over Hancock Road Near MP 37.0 Muskogee Turnpike
2. MU-MC-39 Manhattan Road $1,413,927.50 Construction Reconstruction of and Bridge Bridge No. 3.73 Near MP 3.73 Muskogee Turnpike
3. T-ER-009 PbX Corporation $177,862.50 General Emergency Bridge Repair Bridge Nos. 57.0 and 77.6 Near MP 192.4 and 213.0 Turner Turnpike October 25, 2012 10372 Page 6.
Mr. Love presented this item stating that it was reviewed by the Engineering and Construction Committee and staff recommended approval as presented.
It was moved by Mr. Love and seconded by Mr. Burrage that the Authority approve this item as presented.
The motion carried by the following vote: YES: Burrage, Gibson, Adams, Hern, Love, Kelly
TAB 9 9888. Consider, take action and vote for the approval or disapproval of a request to reject all bids and rebid the following contract:
Project No.
1. T-MC-98A Reconstruction of Bridge No. 28.0 Near MP 163.5 Turner Turnpike
Mr. Love presented this item stating that it was reviewed by the Engineering and Construction Committee and staff recommended approval to reject all bids and rebid as presented.
It was moved by Mr. Love and seconded by Mr. Burrage that the Authority approve to reject all bids and rebid this project.
Mr. Hern asked if there were any known reasons as to why this bid was so high. Mr. Love stated, no. Mr. Gibson asked if there were any imminent safety issues if this project was rebid. Mr. Love stated no.
The motion carried by the following vote: YES: Burrage, Gibson, Adams, Hern, Love, Kelly
TAB 10 9889. Consider, take action and vote to ratify actions of the Director to award the emergency construction contract T-ER-010 on September 25, 2012.
Project No. Low Bidder Amount Fund
1. T-ER-010 Gibson & Associates $476,012.53 General Emergency Bridge Repair Bridge No. 11.2 Near MP 146.0 Turner Turnpike
Mr. Love presented this item stating that it was reviewed by the Engineering and Construction Committee and staff recommended approval as presented. October 25, 2012 10373 Page 7.
It was moved by Mr. Love and seconded by Mr. Burrage that the Authority ratify this item as presented.
Mr. Kelly asked about restitution. Mr. Love stated that OTA usually gets restitution from these types of accidents. Mr. Stewart stated that there was a claims process we go through with the driver’s insurance company. Mr. Kelly asked what final amount would be recovered for this claim. Mr. Stewart stated that we would recover the initial $476,012.53, plus the cost of design as well as any incurred administrative expense we already had with the temporary traffic control and maintenance efforts to restore traffic at that site.
The motion carried by the following vote: YES: Burrage, Gibson, Adams, Hern, Love, Kelly
TAB 11 9890. Consider, take action and vote for the approval or disapproval to authorize the Director to execute a partial release of easement with the City of Jenks for property along the Creek Turnpike (part of SE ¼ of Section 24, Township 18 North, Range 12 East, Tulsa County).
Mr. Love presented this item stating that it was reviewed by the Engineering and Construction Committee and staff recommended approval as presented.
It was moved by Mr. Love and seconded by Mr. Hern that the Authority approve this item as presented.
The motion carried by the following vote: YES: Burrage, Gibson, Adams, Hern, Love ABSTAIN: Kelly
TAB 12 9891. Consider, take action and vote for the approval or disapproval of the following Purchase Request for equipment with CNG capabilities – Maintenance Division:
Contractor Description Amount Fund
1. John Vance Motors (40) ¾ Ton Dodge Crew Cabs $1,204,000.00 General
Mr. Love presented this item stating that it was reviewed by the Engineering and Construction Committee and staff recommended approval as presented.
It was moved by Mr. Love and seconded by Mr. Burrage that the Authority approve this item as presented.
Mr. Gary Ridley commented that ODOT was purchasing 160 CNG vehicles with the 40 that OTA was purchasing. This was part of Governor Fallin’s initiative for alternative fuel. The Governor is working with 22 other states to begin replacing their fleets with CNG capable vehicles.
The motion carried by the following vote: YES: Burrage, Gibson, Adams, Hern, Love, Kelly October 25, 2012 10374 Page 8.
REPORTS:
Item #1. Operating Results
Ms. Wendy Smith stated that the Operations Report had been distributed by the Controller’s Division. She reported that reviewing August and September revenues together, they were actually up slightly. We were outpacing budgeted projections by 1% because of the mild winter. Although revenues were flat for August and September, she and the Traffic Engineer agree that was due to gas prices continuing to spike up. Gas prices spiked up to a peak on September 13th and have drastically reduced since then. She expected to see good travel in October, November and December. As shown in the Operations Report, revenue fund operating expenses for the month were 8.9% less than 2012 annualized operating.
Item #2. Consulting Engineer Report
Mr. Jimmy Sparks of SAIC presented the Consulting Engineer Report for the month of September 2012. Concerning the Trust Required Services, Mr. Sparks stated that SAIC had submitted the Annual Report to OTA on September 28, 2012. The Report contained all inspection findings and recommended improvements to the System. SAIC will also establish the Reserve Maintenance Requirements for the OTA. He reported that they have already begun bridge inspections for the 2013 reports. Culvert inspections for the 2013 reports will begin in November.
SAIC reported on emergency damage to Bridge 11.2 at the Luther Interchange on the Turner Turnpike. The impact damage was located in the eastbound direction near mid-span. The main damage was to the outside beam and diaphragms damaged and the center median pier. The damage required the southbound lane on Hogback Road to be closed. SAIC prepared emergency repair plans on this bridge and construction had started.
The capital plan project summary was provided in the Consulting Engineer’s monthly report.
Mr. Hern commented about the number of structurally deficient bridges remaining in Oklahoma. He stated from the report that there were three on our System. Of those three, two were under construction. Mr. Sparks concurred and also commented that on fracture critical bridges, they had just replaced the deck truss bridge at the Missouri state line and have taken that one off the list.
Item #3. Highway Patrol Report
Major Rusty Rhoades presented the OHP Report. For the month of September 2012, Troopers made 10,915 violator contacts and assisted 1,530 motorists. There were 92 motor vehicle collisions investigated in September. There were three fatalities reported, one on the Creek Turnpike and two on the Turner Turnpike. Nine criminal drug interdictions were also reported for the month. Major Rhoades stated that the information for aircraft and toll enforcement was provided in the monthly report.
Mr. Love asked about the staffing levels of the troopers. Major Rhoades led a general discussion of the current status and future plans for manning the turnpike.
October 25, 2012 10375 Page 9.
Item #4. Director’s Report
Commenting on Major Rhoades report, Mr. Ridley stated it was incumbent on all of us as citizens of the State to ensure that we had a competent, well paid, well-trained state police system in place. It is also important how you compensate the men and women that have to wear a gun to do their job effectively. It is imperative that the compensation we supply the troopers as a State Government is extremely competitive with other law enforcement agencies of the state. Hopefully some things can be done this legislative session that can enhance that issue.
He also stated that our agency was not any different. Periodically, an agency or company needs to look at its staffing levels, their organizational structure, its management, and how it compensates their employees. We need to be in a position where we can attract the best and the brightest and retain those people after we train them. In doing that, you have to look at what the market condition is out there. He stated that he did not believe that state government should drive the market as far as wages were concerned. We need to be conscious of what the market is and be somewhere in the 80% range of the market. There is security as a state employee with the benefits provided, such as insurance, vacation time, sick leave time, holiday leave, and retirement. We would be remiss if we did not periodically look at compensation. He advised the Authority Board that OTA was in the process of looking at how it was managed, how it was organized, and how it compensates its employees. He assured the Board that the preliminary budget approved earlier in the meeting would not be affected. Mr. Ridley stated that OTA has had a large turnover rate and that we needed to look at how we compensate our employees, especially those that require a certificate, an engineering degree, a CPA, or a commercial driver’s license.
ADJOURNMENT:
The meeting adjourned at 11:28 a.m. until the next scheduled meeting on November 29, 2012.
ATTEST:
______G. Carl Gibson Albert C. Kelly, Jr. Secretary/Treasurer Chairman