AGENDA. 2:10 p.m. Approval of the Minutes from March 2018 Meeting Att. 1

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1 American Public Transportation Association Business Member Board of Governors Meeting Sunday, June 10, 2018, 2:00 5:00PM Hyatt Regency Denver at the Colorado Convention Center, Denver, CO Mineral Hall B & C AGENDA 2:00 p.m. Welcome and introductions (Jeff Wharton) 2:10 p.m. Approval of the Minutes from March 2018 Meeting Att. 1 Anti-trust statement (Hugh Harrison) The cardinal rule in keeping an association s operations within anti-trust laws is that there should be no agreements express or implied which restrain the member s freedom to make independent decisions in matters that affect competition. Each member must be completely independent to set prices, establish production and sales levels, choose the markets in which he or she will operate and select his or her customers and suppliers. 2:15 p.m. Comments/Remarks from Nat Ford, Chair, APTA 2:25 p.m. Comments/Remarks from Paul Skoutelas, President and CEO, APTA 2:35 p.m. Report of the Chair Jeff Wharton, Chair, APTA BMBG 2:45 p.m. Legislative Update Ward McCarragher, Vice President Government Affairs, APTA 2:55 p.m. Business Member Fly-In Recap Ray Melleady, Chair, Business Member Legislative Committee 3:05 p.m. Business Member Committee Reports: 3:35 p.m. New Business Business Development Committee (Coleman) Att. 2 Workforce Development Committee (Loehr) Att. 3 Legislative Committee (Melleady) Att. 4 Procurement Committee (Cornell) Att. 5 Programs Committee (Kellen) Att. 6 Small Business Committee (Bustamante) Att. 7 Business Member Activity Fund Budget FY18 Update (Rogers) Att. 8

2 4:00 p.m. Adjourn 2018 Business Member Board of Governors Meetings: 1. APTA Annual Meeting, Sunday, September 23, Nashville, TN All Business members are invited to attend and participate in BMBG meetings

3 Business Member Board of Governors Meeting Minutes March 18, 2018 I. Call to order Chair Jeff Wharton called to order the regular meeting of the Business Member Board of Governors at 2:45pm on March 18, 2018 at the Grand Hyatt Washington DC in Washington, DC. II. Introductions Attendees were: Michael Allegra, John Barberis, Natalie Cornell, Frank DiGiacomo, Gerald Francis, Huelon Harrison, Tony Kellen, Mark Magaldi, III, Jack Martinson, Ray Melleady, Joe Policarpio, Janet Rogers, Richard Simonetta, Jim Srygley, William Thomsen, Emmanuelle Toussaint, David Turney, Jeff Wharton, Charles Wochele, Alan Wulkan, Buddy Coleman, Bill Umbenhauer, Joe Gibson, Jim LaRusch, Kim Green, Pat Scully, Karen Dhanie, Paul Chilkotowsky, John Bartosiewicz, Michael Loehr, Raquel Olivier, Chris Felix, Robert Peskin, Lindy Norris, Eugene de Ribeaux, Jennifer Kalczuk, Janna Starcic, Neil Tamppari, Jill Massonne, Dale Hill, Michael Hennessy, Dana Nifosi, Lou Quaglia, Tom Wagner, Steve Cruz, John Somers, John Fink, Leah Harnack, Nat Ford, Paul Skoutelas. III. Approval of minutes from last meeting Chair Jeff Wharton called for a motion to approve the previous meeting s minutes. A motion was made, seconded, and was voted on unanimously. IV. Agenda items a) The anti-trust statement was read aloud. b) APTA Chair Nat Ford delivered remarks. c) APTA President and CEO Paul Skoutelas delivered remarks. d) Jeff Wharton delivered the BMBG Chair s report. e) FTA Acting Administrator Jane Williams delivered remarks. f) APTA Senior Legislative Representative Mara Stark-Alcala delivered a legislative update.

4 V. New business VI. Adjournment g) Buddy Coleman summarized the report of activities for the Business Member Business Development Committee. h) Mike Loehr summarized the report of activities for the Business Member Workforce Development Committee. i) Ray Melleady summarized the report of activities for the Business Member Legislative Committee. j) Natalie Cornell summarized the report of activities for the Business Member Procurement Committee. k) Tony Kellen summarized the report of activities for the Business Member Programs Committee. l) Eve Williams summarized the report of activities for the Business Member Small Business Committee. m) Janet Rogers updated on the committee on current activity in the FY18 Business Member Activity Fund budget. Chair Jeff Wharton called for a motion to approve the FY19 Business Member Activity Fund budget. A motion was made, seconded, and was voted on unanimously. n) The committee discussed the implications of the Trump administration s steel and aluminum tariffs to China. a) Pat Scully gave an update on the composition of the 2018 BMBG Nominating Committee. Chair Jeff Wharton adjourned the meeting at 4:11pm on March 18, Minutes prepared and submitted by APTA staff advisor Adam Martin.

5 Business Member Board of Governors Summary Report Attachment 2 Business Member Business Development Committee Committee Work Program updates 1) International Speaker Support Program - Continue to work with APTA staff to identify opportunities for international speakers for upcoming Conferences 2018 Bus and Rail Conferences We have confirmed Bernard Kaufmann from UNIFE, the association of the European Rail Supply Industry to speak at the rail conference on bestvalue procurement practices 2) Increase U.S. Presence at International Public Transportation Events - Dates for the Canada Study Mission are July 22-27, 2018 Montreal, Ottawa, Toronto, Vancouver. - Continuing to promote and support U.S. companies at international trade shows and study missions 3) Update Annual Investment Brochure - The Business Case for Infrastructure Investment complete and printed - The brochures were distributed to business members and used for hill visits at the legislative conference and the business members fly in. - Sent out a survey monkey survey to the Biz Dev committee on the topics suggested - Most popular topic chosen was Private Investment in Transit fallowed by Autonomous Vehicle 4) Increase Business Member Participation in the APTA Sustainability Program - Roll out of new APTA Sustainability Commitment for Business Members/Non- Operators.

6 - There are currently 63 business or non-operator member signatories, including 4 Gold signatories (Amtrak, IMPulse NC LLC, TRC Companies, and Visual Marking Systems, Inc.), 5 Silver signatories (CDM Smith, HDR, Louis Berger, SYSTRA Consulting, Inc., and WSP), and 3 Bronze signatories (Stacy and Witbeck, Inc. and Wendel) - The 2018 Sustainability and Multimodal Planning Workshop will be held in Vancouver, Canada from July 29 August 1

7 2018 TARGETED EVENTS MARCH Biennial Intelligent Urban Transport Systems Conference and Exhibition - Karlsruhe, Germany APRIL APTA Safety Workshop for ALAMYS members Santiago, Chile Brian Alberts and Polly Hanson to participate TBD Biennial CUTA-APTA senior staff exchange - Washington DC MAY UIC High Speed Rail World Congress - Ankara, Turkey TBD Annual ALAMYS Technical Meetings - Madrid, Spain Narayana Sundaram to participate Annual International Transport Forum s Summit on Transport Safety and Security - Leipzig, Germany JUNE Biennial European Mobility Exhibition - Paris, France APTA staff plus APTA chair budgeted to attend 13 CUTA Summit on new mobility paradigms Vancouver, BC APTA Chair budgeted to participate September Biennial Innotrans Rail Expo Berlin, Germany APTA staff plus APTA chair budgeted to attend

8 Business Member Board of Governors Summary Report Attachment 3 Business Member Workforce Development Committee Committee Work Program updates 1) Youth Summit APTA considering skipping 2019 summit. Further information will be provided as it is developed. 2) Passenger Railroad Engineering Education Symposium (prees) - Actions to Date: Looking at a Mid West or central location, specifically Chicago. Narayana Sundaram is reaching out to Metra about hosting. He has made contact with CEO James Derwinski. Mark M. would like to see maintenance tracks added. Anticipated Actions 2019 kick off meeting during the legislative conference to kick start organization. prees sub-committee chair will start planning and organization for the next prees this quarter. Committee meeting at the Rail Conference scheduled for Sunday June 10 th 10 AM to 11 AM. Other Committee Issues and Updates Rotation of Chairman.

9 Business Member Board of Governors Summary Report Attachment 4 Committee Work Program updates Committee Work Program updates Business Members Legislative Committee 1) Advocate for industry investment needs - The BMBG fly-in was held on Thursday, May 17 on Capitol Hill. Thirty-four BMBG members visited Washington and met with 50 members of Congress and key congressional staff. The APTA delegation advocated for public transit funding and explained why the administration s proposed cuts would threaten economic development, productivity, and job growth in communities across the country. A specific connection was made between public transit funding and private sector jobs using our transit footprint tool. - Ward McCarragher, Vice President, Government Affairs, kicked off the meeting with an overview of advocacy 101 and outlined key speaking points for all business members to convey during their meetings. Paul Skoutelas, President & CEO, and Rep. Sam Graves (R-MO), chair of the Subcommittee on Highways and Transit, House Transportation and Infrastructure Committee, hosted a kick-off discussion on the role of the Federal Government in funding transportation infrastructure. We concluded our day with a reception a local restaurant on Capitol Hill Anticipated Actions: - Continue efforts to encourage Business Member advocacy outreach, such as local facility site visits and district-based outreach, aimed as continuing to build relationships with more Members of Congress and especially new members of congress post mid-terms.

10 2) Advocate for Business Members Policy Priorities - The committee continues to work with the APTA staff to identify and respond to Policy/Legislation/Regulation affecting Business Members. Among the issues being addressed are: Buy America and the next round of Authorization. Anticipated Actions: - Continue to work with the APTA staff to engage in the process of FAST Act Implementation and the next round of Authorization. - Continue to facilitate discussion around Buy America legislative changes, and contribute to efforts to generate additional research on the issue. 3) Serve as a sounding board for research ideas and policy questions Anticipated Actions: - The BMBG Legislative Committee will take a lead role in the development of the BMBG work plan and strategy document. The committee will continue to provide input into research plans supported by BMBG Activity Fund dollars and encourage a more robust dialogue on proposed research topics during the BMBG annual meeting prior to finalizing the BMBG annual budget. - The Committee will continue to host joint meetings with the BMBG Procurement Committee when deemed necessary due to overlapping legislative topics. 4) Committee leadership as an advocate with peers on information/data collection and general involvement - Maintenance and data collection undertaken and supported for the Industry Footprint Tool including updates as changes occur with APTA members and elected officials.

11 Anticipated Actions: - Committee will continue to market the benefits of utilizing the Industry Footprint Tool to APTA members and ensure that it is utilized to provide data to support advocacy including Hill visits and fly-ins. Other Committee Issues and Updates Along with APTA staff members, the Committee leadership has taken a lead role on the issuance of request for proposals and review of two proposals BMBG Work Plan RFP released May 1, Proposals received Evaluations taking place until June 28 Targeted State Advocacy RFP released a few weeks ago 2 Proposals received Evaluations taking place last week of June

12 Business Member Board of Governors Summary Report Attachment 5 Business Member Procurement Committee 2018 Committee Work Program updates Note: Because so many procurement issues are also legislative issues, the two committees have met jointly for the last year. This means APTA staff don t have to report on the same things twice and that members of both committees stay updated on progress (or lack thereof). We anticipate the two committees will continue to meet jointly for the short term. 1) Monitor and React to Changes to US Content Requirements - New Buy America rules have been implemented with few problems after FTA accepted business and agency members recommendation - Monitoring changes to Buy America Handbook; met with FTA over issues Anticipated Actions: - Monitor any new direction from Congress and/or the new Administration that could show up in authorizing or appropriations bills for Monitor any problems with new rules 2) Local Hire and other procurement initiatives - Two research studies underway to provide data for on-going discussions - Session at Annual Meeting moderated by Beverly Scott - Continued outreach to CEOs and Board members on how best to manage procurements that benefit the whole country s manufacturing base - Monitored any new direction from Congress and/or new Administration that could show up in authorizing or appropriations bills for none - Watched for any fallout from Trump administration cancellation of local hire requirements Anticipated Actions: - Monitor any Infrastructure bill for changes to requirements - Monitor and changes to state requirements on projects where only state funding is used (as a result of all the success in 2016 with funding referenda) - Publish results of research studies: create sessions at Rail, Bus, CEO and Board member meetings to share results; possible webinar topics 3) A&E Contract Ts & Cs and other contracting issues (risk sharing)

13 - Re-invigorated this sub-committee - Issued identified: o Indemnification Clauses: transfer of risk and responsibility to AE without any ability to accept that risk and protect the owner o Liability Insurance: Limits and types of coverage that are either not based upon a proper risk evaluation or that assign limits that are not commercially available o Capped Rated contracts: violate cost plus principles in FAR o Actual Cost Overhead requirements under capped rated contracts o assignment of project costs to overhead and erosion of limited profit margins Profit Margin targets: limiting profit allocations without the understanding of final reconciled profit amounts including consideration of payment timing, interest and risk factors in execution of the contracts o Non Brooks Act procurements for services which require A-E services - violate the essence of Brooks with federally funded contracts by using cost as a decision factor o o Retainage requirements: AE service agreement should not require retainage because the professional product is a continuous service that is owned by the agency upon delivery, and represents the standard of care provided in the profession. Retainage clauses are for construction contracts that use the retainage as leverage to obtain the final quality specified of the intended product. Slow Payment: Slow payment (more than 30 days) of invoices by owners cost A-E s many $ in interest payments which are not allowable under overhead audits, and result in reduced profitability. Most federal contracts require interest to be paid to the A-E for slow payments. Anticipated Actions: - Consider sessions at upcoming APTA conference - Possible session at the Legal Affairs conference or meeting - Adding this to the NTI procurement training course to develop training for grantees 4) Procurement Sessions at Conferences - Rail Conference sessions: o Federal Procurement Updates; o High Performance Procurement; o Rail Vehicles Cradle to Grave - Annual Meeting: o Procurement Super-Session o Procurement Integrity o Procurement: What Happened to the Good Old Ways? They are No Longer Good! o Expo: Procurement Showcases in the Show Floor

14 Anticipated Actions: Continue to create, identify and support procurement sessions at all major conferences.

15 FY 2018 Business Member Activity Fund Budget Approved As of May 30, 2018 FY2017 FY2017 FY2017 FY2018 FY2018 FY2018 Expenses Responsibility Codes Approved Budget Year-End Actuals Variance Approved Budget Amended Budget To Date REVENUE: Beginning Balance $ 237,136 $ 343,327 $ 272,330 $ 397,575 $ 397,575 Member Contributions $ 230,000 $ 259,084 $ 230,000 $ 230,000 $ 251,861 TOTAL REVENUE $ 467,136 $ 602,411 $ 502,330 $ 627,575 $ 649,436 COMMITTMENTS: Advocacy: Business Member Advocacy Activity Freddie Fuller ,000 50, , ,000 - Hill Visits Support Freddie Fuller ,414 21,387 Transit Ballot Measure Conference sponsorship Freddie Fuller ,000 Special Authorization Activities Freddie Fuller ,498 Education webinars/support for biz member auth activity Freddie Fuller Research: Sarah Kline Contract: International Business Models Synthesis Freddie Fuller ,000 15,000 - Report on PPP Restrictions Freddie Fuller ,000 10,000 - Private Sector Benefits of Guaranteed Funding Freddie Fuller ,000 6,125 23,875 3,781 Impact Supply Side Jobs on Local Economies Report Natalie Cornell ,000 30,000 1,093 Free Congress Report Freddie Fuller ,000 20,000 - Congressional Landscape Report Freddie Fuller ,000 20,000 - Industry Footprint Tool Maintenance Freddie Fuller ,500 20,500 18,000 18,000 8,400 3D Printing Freddie Fuller ,000 20,000 10,000 10,000 - ROI on Sustainability for Businesses Buddy Coleman ,500 13, Annual Investment Brochure Buddy Coleman ,000 5,000 3,000 10,000 10,000 1,424 53% 192,000 74, , , ,000 36,085 Programs/Events: Legislative Breakfast (Mar 2018) Raquel Olivier ,000 15,000-20,000 20,000 20,000 Bus Conference Reception (May 2018) Raquel Olivier ,000 5,000-5,000 5,000 5,000 Rail Conference Reception (June 2018) Raquel Olivier ,000 5,000-5,000 5,000 - Bus Conference Speaker Raquel Olivier ,000 10,000 10,000 10,000 - Rail Conference Speaker Raquel Olivier ,000 10,000 10,000 10,000 - Annual Meeting Speaker - Los Angeles Raquel Olivier ,000 45,502 4,498 International EXPO Raquel Olivier ,000 20,000 9,020 International Speaker Support Raquel Olivier ,000 15,000 15,000 15,000 15,000 Complimentary meeting registration raffle Raquel Olivier , ,100 2,000 2,000 - Subtotal 28% 112,000 71,402 40,598 87,000 87,000 49,020 Committee Activities Speakers at BMBG Meetings ( travel, Registration,etc.) Jeff Wharton ,000 3,000 Rail Engineering Symp. - Summer 2017 Mike Loehr ,000 60,000 30,000 30,000 33,098 Resource Room/Tech Bar - Bus and Rail Eve Williams , ,430 12,000 12,000 - Tech Bar Eve Williams ,000 3,000 SB2SB Reception Eve Williams ,000 4,000 4,000 4,000 2,810 APTA Youth Summit Contribution - Summer 2017 Jeff Wharton ,000 30,000 - Networking Breakfasts Eve Williams ,000 12,215 (3,215) 10,000 10,000 - Subtotal 14% 119,000 42,785 76,215 56,000 56,000 35,908 Other: APTF Scholarships- Jeff Wharton ,000 10,000-10,000 10,000 10,000 Chairman's Discretionary Account Jeff Wharton ,000 6,000 4,000 10,000 10,000 Conference Expenses Jeff Wharton (187) BMBG Chair and Vice Chair Travel Expense Jeff Wharton ,000 5,000 5,000 5,000 - Hurricane Harvey Relief Donation Jeff Wharton ,000 10,029 Hurricane Irma Relief Donation Jeff Wharton ,000 10,030 Hurricane Maria Relief Donation Jeff Wharton ,000 10,030 Subtotal 3% 25,000 16,187 8,813 25,000 55,000 40,089 TOTAL EXPENSE $ 448,000 $ 204,836 $ 243,164 $ 401,000 $ 431,000 $ 161,102 Errant Charges AMOUNT AVAILABLE $ 397,575 $ 488,334 Report Completion Deadlines International Business Models Synthesis Report on PPP Restrictions 4th Qtr. - FY18 4th Qtr. - FY18 Completed Private Sector Benefits of Guaranteed Funding Impact Supply Side Jobs on Local Economies Report Dec Free Congress Report June D Printing June 2018