M Metro MINUTES Thursday, March 28, 2024 10:00 AM Board of Directors - Regular Board Meeting DIRECTORS PRESENT: Karen Bass, Chair Janice Hahn, Vice Chair Fernando Dutra, 2nd Vice Chair James Butts Jacquelyn Dupont-Walker Lindsey Horvath Paul Krekorian Ara J. Najarian Tim Sandoval* Hilda Solis Katy Yaroslavsky Gloria Roberts, non-voting member Stephanie Wiggins, Chief Executive Officer *Attended virtually under AB2449 CALLED TO ORDER: 10:11 A.M. 1 ROLL CALL 1. APPROVED Consent Calendar Items: 2.7.8.9.10.13.14.16.77,18,19,20.23.25. Consent Calendar items were approved by one motion unless held by a Director for discussion 8.2.28.0.30.31.,23. 34, and 37. and/or separate action. **Item required 2/3 vote of the full board. JH FD KB JB JDW LH PK HJM AJN TS HS KY KRB Y Y A Y Y Y Y A Y Y Y Y Y *Voting Deviations: Item 7 - the following Director voted no: LH Item 18 - the following Director was conflicted: KRB Item 20 - the following Directors were conflicted: LH and KRB Item 23 - the following Directors were conflicted: KY and KRB Item 25-1 the following Directors were conflicted: LH, KY, and KRB Item 27 - the following Director was conflicted: HS Item 30 - the following Director was conflicted: KRB Item 32 - the following Directors were conflicted: KY and KRB Item 34 - the following Director was conflicted: KRB Item 37 - the following Director was conflicted: KRB 2. SUBJECT: MINUTES February 22, 2024. 2024-0197 APPROVED ON CONSENT CALENDAR Minutes of the Regular Board Meeting held 3. SUBJECT: REMARKS BY THE CHAIR RECEIVED remarks by the Chair. 2024-0199 JH FD KB JB JDW LH PK HJM AJN TS HS KY KRB P P A P P P P A P P P P P KB= K. Barger KRB = K.R. Bass JB=J. Butts JDW: = J. Dupont Walker FD=F.Dutra JH=. J.Hahn LH=L. Horvath PK=P. Krekorian HJM= H.J. Mitchell KY=K. Yaroslavsky AJN= A.J. Najarian TS=T. Sandoval HS = H. Solis LEGEND: Y=YES,N=NO, C=CONFLICT, ABS - ABSTAIN, A= ABSENT, A/C =A ABSENTICONFLICT, P: = PRESENT 2 4. SUBJECT: REPORT BY THE CHIEF EXECUTIVE OFFICER RECEIVED report by the Chief Executive Officer. 2024-0200 JH FD KB JB JDW LH PK HJM AJN TS HS KY KRB P A A P P P P A A A P A 2023-0756 P 7. SUBJECT: TWENTY-EIGHT BY '28 PROJECT LIST APPROVED ON CONSENT CALENDAR: A. RECEIVING AND FILING the Twenty-Eight by '28 progress report, and; B. APPROVING revisions to the Twenty-Eight by '28 project list. 8. SUBJECT: WORKERS' COMPENSATION MEDICAL BILL REVIEW 2024-0047 SERVICES AUTHORIZED ON CONSENT CALENDAR the Chief Executive Officer to execute Modification No. 2 to Contract No. PS61721000 with Lien On Me, Inc. for workers' compensation medical bill review services in the amount of $242,303, increasing the not-to-exceed amount of the four-year base term from $2,834,674 to $3,076,977, and exercise the first two-year option in the amount of $2,083,248, revising the total contract amount from $3,076,977 to $5,160,225 and extending the period of performance from July 1, 2024, to 9. SUBJECT: LICENSE AGREEMENT WITH THE COUNTY OF LOS June 30, 2026. 2024-0164 ANGELES FOR TEMPORARY DEPARTMENT OF PUBLIC HEALTH FACILITIES AUTHORIZED ON CONSENT CALENDAR the Chief Executive Officer (CEO) or their designee, to execute a 33-month license agreement commencing on April 1, 2024, with the County of Los Angeles ("County") for a portion of real property located on parcels numbered (APN)2350-013-920. and 2350-013-922 ("Property") at a rate of $24,485 per month for a total license amount of $808,005 ("License"). 10. SUBJECT: INVESTMENT POLICY APPROVED ON CONSENT CALENDAR: A. ADOPTING the Investment Policy; 2024-0081 B. the Financial Institutions Resolution authorizing financial institutions to honor signatures of LACMTA Officials; and (continued on next page) 3 (Item 10 - continued from previous page) C. DELEGATING to the Treasurer or his/her designees, the authority to invest funds for a one-year period, pursuant to California Government Code ("Code") Section 53607. 13. SUBJECT: DIGITAL BILLBOARD DEVELOPMENT AGREEMENT WITH 2023-0300 THE CITY OF EL MONTE APPROVED ON CONSENT CALENDAR: A. AUTHORIZING the Chief Executive Officer, or their designee, to execute a 30-year development agreement with the City of El Monte ("City") and AlIVision ("AV") to construct, own, and operate a digital billboard on Metro property adjacent to Division 9 at 3449 Santa Anita B. CONSIDERING, in accordance with the California Environmental Quality Act (CEQA), the environmental effects of the Project as shown in the Mitigated Negative Declaration ("MND") prepared by the City of El Monte; C.A ADOPTING, in accordance with CEQA, the four mitigation measures incorporated in the MND to reduce the impacts of the Project to a less D. FINDING, in accordance with CEQA, that the four mitigation measures would avoid or mitigate the effects of the Project to a point where no significant effect on the environment would occur, and there is no substantial evidence that the Project, as mitigated, would have a E. AUTHORIZING the Chief Executive Officer to file a Notice of Determination with the Los Angeles County Clerk and the State of Avenue, El Monte ("Project"); than significant level; significant effect on the environment; and California Clearinghouse. 14. SUBJECT: 2025 FEDERAL TRANSPORTATION IMPROVEMENT 2024-0029 PROGRAM ADOPTED ON CONSENT CALENDAR the resolution for the 2025 Los Angeles County Transportation Improvement Program. 15. SUBJECT: JOINT DEVELOPMENT BENCH AND EXCLUSIVE 2023-0751 NEGOTIATION AGREEMENT APPROVED TO BIFURCATE AS AMENDED: JH FD KB JB JDW LH PK HJM AJN TS HS KY KRB Y Y (continued on next page) A Y Y Y Y A Y Y Y Y Y 4 (Item 15-continued from previous page) APPROVED: A. the creation of a bench of qualified developers eligible to respond to Requests for Proposals (RFP) for the joint development of the "10K Sites" to be in effect for three years, with the option to extend for two additional one-year periods for up to five years total; JH FD KB JB JDW LH PK HJM AJN TS HS KY KRB C Y A/C Y * name drawn to vote under Rule of Necessity Y Y* Y A/C Y Y C C C B. the Summary of Key Terms and Conditions for 10K Sites' Exclusive Negotiation Agreements (ENAS); and JH FD KB JB JDW LH PK HJM AJN TS HS KY KRB Y Y A Y Y Y Y A Y Y Y Y Y C.D DELEGATING authority to the Chief Executive Officer, or their designee, to execute the ENAS following a competitive RFP process for the joint development of the 10K Sites. JH FD KB JB JDW LH PK HJM AJN TS HS KY KRB DUPONT-WALKER AMENDMENT: Report back on the ENA template to clearly communicate participation with community-Dased organizations (CBOs), allowing for community development-Dased organizations (CDBOs) to work directly with Metro as the prime or sub-prime contractor. This would allow for CBO/CDBO participation, not exclusive of the Joint Development Bench. Include engagement with general contractors and subcontractors for the inclusion of Small Business Enterprise, Disadvantaged Business Enterprise, Disabled Veterans Business Enterprise, and Minority Women Business Enterprise. Y Y A Y Y Y Y A Y Y Y Y Y DUTRA AMENDMENT: Directed the CEO to improve the contract language for RFPS and to work with the cities to help streamline the entitlement process and work with the developers to streamline the capital stack. 5 16. SUBJECT: CESAR E. CHAVEZ AND FICKETT JOINT DEVELOPMENT 2024-0035 APPROVED ON CONSENT CALENDAR: A. AUTHORIZING the Chief Executive Officer, or designee, to execute and enter into a joint development agreement ("JDA"), ground lease ("Ground Lease"), and other related documents with Chavez Fickett, L.P. ("Developer"), an affiliate of Abode Communities, for the construction and operation of a mixed-use, affordable housing project ("Project") on approximately 68,100 square feet (1.56-acres) of Metro-owned property located at the corner of Cesar E. Chavez Avenue and Fickett Street in Boyle Heights ("Site") in accordance with the B. AUTHORIZING a discount to the appraised fair market rental value for the Site of 67% or $6,900,000 under the Ground Lease as set forth in the Summary of Key Terms and Conditions for the Ground Lease; and C.F FINDING that the Project is exempt from the California Environmental Quality Act ("CEQA"), consistent with the environmental studies and reports, pursuant to Sections 21080(b)(9) and 21084 of the California Public Resources Code and Section 15332 (In-Fill Development Projects) of the CEQA Guidelines; and authorizing the Chief Executive Officer to file a Notice of Exemption for the Project consistent with said exemption. Summary of Key Terms and Conditions; 17. SUBJECT: APPROVAL OF CMAQSTBG/CRP PROJECT 2024-0070 PRIORITIZATION AND FUNDING RECOMMENDATIONS AUTHORIZED ON CONSENT CALENDAR the Chief Executive Officer (CEO) or their designee to submit to SCAG the project prioritization and funding recommendations for Los Angeles County for CMAQISTBG/CRP funding. 18. SUBJECT: METRO BUSINESS INTERRUPTION FUND (BIF) 2023-0768 APPROVED ON CONSENT CALENDAR: A. AUTHORIZING the Chief Executive Officer to award a firm fixed price Contract No. PS109347-2000 to Pacific Coast Regional Small Business Development Corporation (PCR) to serve as the fund administrator for Metro's Business Interruption Fund (BIF) in the amount of $5,168,773 for the three-year base term, with two, one-year options in the amounts of $1,699,722 and $1,761,758 respectively, for a total amount of $8,630,253, subject to the resolution of any properly submitted protest(s), if any; and (continued on next page) 6 (Item 18 C continued from previous page) B. RECEIVING AND FILING the status update on Motion 17 which directed Metro staff to provide a program update that considers, but is not limited to, resources necessary to maintain a permanent Business Interruption Fund and culturally competent outreach and inclusive technical assistance to adequately support affected businesses. 19. SUBJECT: DISPARITY STUDY 2024-0109 APPROVED ON CONSENT CALENDAR: A. RECEIVING AND FILING the Final 2023 Disparity Study Report; and B. AUTHORIZING the Chief Executive Officer (CEO) to develop a three-year pilot Micro Small Business Program and certification designation. 20. SUBJECT: NORTH HOLLYWOOD TO PASADENA BUS RAPID 2023-0746 TRANSIT PROJECT - PROGRAM MANAGEMENT SUPPORT SERVICES AUTHORIZED ON CONSENT CALENDAR the Chief Executive Officer to: A. AWARD task order-based Contract No. AE10769700000 for Program Management Support Services (PMSS) to Ramos Consulting Services, Inc., in the amount of $38,699,165 for a five-year base period and $7,603,641 for two, one-year options for a total of seven years at a maximum contract value of $46,302,806 subject to resolution of B. EXECUTE individual Contract Modifications within the CEO's Board protest(s), if any; and approved authority. 21. SUBJECT: 2023 CONSTRUCTION MARKET ANALYSIS 2024-0009 APPROVED: A. RECEIVING AND FILING status report on the 2023 Construction Market Analysis; and B. MOTION by Director Krekorian that the Board direct the Chief Executive Officer to implement the goals contained in the Construction Market Analysis and to report back quarterly on how to make achieving the goals more successful as well as adopting meaningful measures to facilitate and expand certification of SBES/DBEs and increase utilization by general contractors to achieve goals. JH FD KB JB JDW LH PK HJM AJN TS HS KY KRB Y Y A Y Y Y Y A 7 A Y Y Y Y 23. SUBJECT: LONG-TERM ADVERTISING - CULVER CITY STATION 2024-0090 APPROVED ON CONSENT CALENDAR a long-term advertising purchase, up to 12 months, at Culver City Station from Max (formerly HBO), generating $616,000 estimated net revenue for Metro. This is not a title sponsorship and will not affect Culver City Station's title nor the adjacent private property's title, Ivy Station. 24.1.SUBJECT: BUILDING A COHESIVE APPROACH TO LOS ANGELES'S 2024-0206 LEGISLATIVE ADVOCACY FOR THE 2028 MOBILITY CONCEPT PLAN MOTION APPROVED Motion by Directors Solis, Bass, Hahn, Horvath, Najarian, and Yaroslavsky that the Board direct the Chief Executive Officer to: A. Develop a framework for and establish a Legislative Advocacy Working Group for the 2028 Games that includes, but is not limited to, the members of the Games Mobility Executives and the County ofl Los Angeles, to develop and implement a cohesive state and federal legislative advocacy plan to advance Metro's 2028 Mobility Concept Plan. B. Report Back in 90 days with: 1. A proposed framework, recommended working group members, and recommendations on strengthening advocacy coordination with the LA County legislative delegation and other key Games delivery 2. A progress update on a regional convening of local jurisdiction stakeholders and LA28 on broader transportation and infrastructure project coordination needed for the 2028 Games. partners; and JH FD KB JB JDW LH PK HJM AJN TS HS KY KRB 25. SUBJECT: CONSULTANT SUPPORT SERVICES FOR NEW HR5000 2023-0494 Y Y A Y Y Y Y A A Y Y Y Y HEAVY RAIL VEHICLE (HRV) PROCUREMENT AUTHORIZED ON CONSENT CALENDAR the Chief Executive Officer to: A. AWARD Contract No. PS11758001 with Hatch Associates Consultants, Inc. for Element A, Consultant for Heavy Rail Vehicle Acquisition, Technical Support Services, in the not-to-exceed amount of $23,072,507.51, for a period of 87 months from issuance of a Notice to Proceed, subject to the resolution of any protest(s), if any; (continued on next page) 8 (Item 25 - continued from previous page) B. AWARD Contract No. PS11758002with AtkinsRealis USA Inc. for Element B, Consultant for Heavy Rail Vehicle Acquisition, Program Management Support Services, in the not-to-exceed amount of $11,263,545.59, for a period of 87 months from issuance of a Notice to Proceed, subject to the resolution of any protest(s), if any; and C.A APPROVE a combined Life of Project (LOP) budget of $47,530,870.10, which includes the cost of the two professional services contracts of $34,336,053.10, Metro administration cost of $8,873,829, and Contract Modification Authority of $4,320,988. 26. SUBJECT: FLEET SCHEDULE SOFTWARE UPGRADE 2023-0765 APPROVED ON CONSENT CALENDAR BY TWO-THIRDS VOTE OF THE BOARD: A. AUTHORIZING the Chief Executive Officer to award a non-competitive 36-month firm fixed price Contract No. PS108917000 to Giro, Inc./LE Groupe En Informatique Et Recherche Operatioannelle (Giro, Inc.)for the HASTUS v2024 fleet schedule software upgrade and optional software enhancements in the amount of $3,445,049; and B. FINDING that there is only a single source of procurement for the item(s) set forth in recommendation A above and that the purchase is for the sole purpose of duplicating or replacing supply, equipment, or material already in use, as defined under Public Utilities Code Section 130237. 27. SUBJECT: CONTRACT MODIFICATION WITH TOW INDUSTRIES 2024-0018 AUTHORIZED ON CONSENT CALENDAR the Chief Executive Officer to execute Modification No. 1 to Contract No. DR81105000 with Baatz Enterprises Inc. DBA Tow Industries, to increase the contract value by $733,836.74 from $3,922,757.26t0 28. SUBJECT: SPRING TENSION ASSEMBLY UNITS FOR C LINE OCS 2024-0032 AUTHORIZED ON CONSENT CALENDAR the Chief Executive Officer to award a firm fixed price contract, Contract No. MA105918000, to Mac Products, Inc. for 232 Spring Tension Assembly units and onsite installation support for the C Line OCS System Overhaul Project for a firm fixed price of $3,121,820.86, inclusive of sales tax, subject to the resolution of any properly submitted protest(s), if $4,656,594.00, inclusive of sales tax. SYSTEM OVERHAUL PROJECT any. 9 29. SUBJECT: CONTACT WIRES FOR C LINE OVERHEAD CATENARY 2024-0033 AUTHORIZED ON CONSENT CALENDAR the Chief Executive Officer to award Contract No. DR119508, to Global Electric, for 96,839 linear feet of contact wire to support the C Line OCS Replacement Project for a firm fixed price of $1,052,646.22, inclusive of sales tax, subject to resolution of any properly submitted protest(s), if SYSTEM (OCS) REPLACEMENT any. 30. SUBJECT: CONTRACTED TRANSPORTATION SERVICES 2024-0036 AUTHORIZED ON CONSENT CALENDAR the Chief Executive Officer to execute: A. Contract Modification No. 2 to Contract No. PS76258000 with Southland Transit, Inc. to operate an additional two fixed route bus lines in the North Region of Los Angeles County, specifically Metro Bus Lines 96 and 218, in the amount of $18,701,950, increasing the total not-to-exceed five-year base term from $90,032,724 to $108,734,674; B. Contract Modification No. 2 to Contract No. PS76258001 with MV Transportation, Inc. to operate an additional two fixed route bus lines in the North Region of Los Angeles County, specifically Metro Bus Lines 177 and 603, in the amount of $39,176,545, increasing the total not-to-exceed five-year base term from $148,645,400 to $187,821,945; C.I Individual contract modifications within the Board-approved contract and modification authority. 31. SUBJECT: POWER SWEEPING SERVICES 2024-0059 AUTHORIZED ON CONSENT CALENDAR the Chief Executive Officer to award a firm fixed unit rate Contract No. OP1066318370000 to Joe's Sweeping, Inc. dba Nationwide Environmental Services, to provide systemwide power sweeping services in the not-to-exceed (NTE) amount of $7,162,050 for the three-year base period and $2,588,620 for each of the two, one-year options, for a total NTE amount of $12,339,290, effective June 1, 2024. 32. SUBJECT: ELEVATOR AND ESCALATOR MAINTENANCE SERVICES 2024-0060 AUTHORIZED ON CONSENT CALENDAR the Chief Executive Officer to: A. AWARD a firm fixed unit rate Contract No. OP1107840018370 to Mitsubishi Electric US Inc. (MEUS) to provide comprehensive preventative maintenance services, inspections, and repairs of elevators, escalators, and their associated systems and equipment throughout Metro facilities excluding the Metro Gateway Headquarters Building. The Contract not-to-exceed (NTE) amount is $142,352,031 for the five-year base period, and $57,349,950 for the one, two-year option, for a total combined NTE amount of $199,701,981, effective May 1, 2024, subject to resolution of any properly submitted protest(s), if any; (continued on next page) 10 (Item 32- - continued from previous page) B. AWARD a firm fixed unit rate Contract No. OP1107840008370 to Otis Elevator Company (Otis), to provide comprehensive preventative maintenance services, inspections, and repairs of elevators, escalators, and their associated systems and equipment within the Metro Gateway Headquarters Building, for an NTE amount of $11,890,099 for the five-year base period, and $5,063,368 for the one, two-year option, fora a total combined NTE amount of $16,953,467, effective May 1, 2024, subject to resolution of any properly submitted protest(s), if any, and; C.E EXECUTE individual contract modifications within the Board approved contract modification authority. 33. SUBJECT: FAMILY MEDICAL LEAVE ACTICALIFORNIA FAMILY 2024-0093 RIGHTS ACT PROGRAM THIRD-PARTY ADMINISTRATOR SERVICES AUTHORIZED ON CONSENT CALENDAR the Chief Executive Officer to award a firm fixed unit rate Contract No. PS112527000 to Total Administrative Services Corporation (TASC) to support the centralization of the management and administration of the Family Medical Leave Act and the California Family Rights Act (FMLA, CFRA or collectively, "FMLAICFRA"): in the not-to-exceed (NTE) amount of $1,959,320 for the four-year base term, with two, two-year options in the amount of $996,160 for each option, for a total NTÉ amount of$ $3,951,640, effective May 1, 2024, subject to resolution of any properly submitted protest, if any. 34. SUBJECT: TRANSIT AMBASSADOR PILOT PROGRAM SERVICES 2024-0022 AUTHORIZED ON CONSENT CALENDAR the Chief Executive Officer to execute Modification No. 5 to Contract No. PS88001001 with Strive Well-Being to continue to provide Transit Ambassador Pilot Program services in the amount of $7,200,000, increasing the current three-year base not-to-exceed contract value from $16,403,235 to $23,603,235. 37. SUBJECT: CONTRACT MODIFICATIONS FOR RENEWABLE 2024-0026 NATURAL GAS (RNG) CONTRACTS AUTHORIZED ON CONSENT CALENDAR the Chief Executive Officer (CEO) to: A. EXECUTE Modification No. 6t to Contract No. OP73960000 with Clean Energy Renewable Fuels, LLC. to increase the contract value by $20,204,040 from $56,048,630 to $76,252,670 and extend the contract performance end date by seventeen months from July 31, 2024, to December 31, 2025, to provide renewable natural gas to five bus operating divisions; (continued on next page) 11 (Item 37 - continued from previous page) B. EXECUTE Modification No. 4 to Contract No. OP59812000A with Clean Energy Renewable Fuels to increase the 5-year base contract value by C.E EXECUTE Modification No. 3 to Contract No. OP59812000B with Shell Energy North America (US) to increase the 5-year base contract value by $4,224,175 from $10,888,120 to $15,112,295; and C.E EXECUTE Modification No. 2 to Contract No. OP59812000C with Trillium USA Company, LLC. to increase the 5-year base contract value $22,023,615 from $43,626,286 to $65,649,901; by $7,112,949 from $12,379,477 to $19,492,426. 39. SUBJECT: UNSOLICITED PROPOSALS POLICY MOTION 2024-0208 APPROVED AS AMENDED Motion by Directors Yaroslavsky, Bass, Krekorian, Najarian, and Horvath that the Board direct the Chief Executive Officer to: Report back to the Board by June 2024 with a comprehensive review of the Unsolicited Proposal Policy and recommendations for changes to the Policy A. More direct integration of Metro's core mission and priorities; B. The advancement of Metro's sustainability and equity goals; that include, but are not limited to: C. Establishment of a phased review process for Board consideration of unsolicited proposals including the establishment of a timeline review and approval process for Board consideration prior to the execution of a contract, regardless of whether Metro capital or operational funding is proposed to be utilized; D. Strengthened community-focused transparency and engagement; E. Identify work streams that could be better suited to be accomplished by F.A As status on the implementation and effectiveness of the previously developed recommendations from Metro's September 2021 Unsolicited third-parties to reduce Metro staff time; and Proposal Five Year Review. G.I The feasibility of prioritizing proposals that accelerate Metro's ability to deliver transit and mobility projects and programs for the 2028 Olympic and Paralympic Games as well as the projects included in the Measure R and Measure M Expenditure Plans. JH FD KB JB JDW LH PK HJM AJN TS HS KY KRB Y Y A Y Y Y Y A A Y Y Y Y 12 40. SUBJECT: I-605/VALLEY BOULEVARD INTERCHANGE APPROVED BY TWO-THIRDS VOTE OF THE BOARD: 2023-0772 IMPROVEMENT PROJECT RESOLUTION OF NECESSITY A. HOLDING a public hearing on the proposed Resolution of Necessity; B. ADOPTING the Resolution of Necessity authorizing the commencement ofan eminent domain action to acquire the full fee simple interest and ("Property"). JH FD KB JB JDW LH PK HJM AJN TS HS KY KRB Y Y A Y Y Y Y A A Y Y Y 2024-0210 Y 41. SUBJECT: CLOSED SESSION A. Conference with Legal Counsel - Existing Litigation - G.C. 1. Darin Stewart V. LACMTA, LASC Case No. 20STCV27522 APPROVED settlement in the amount of $750,000. 54956.9(d)(1) JH FD KB JB JDW LH PK HJM AJN TS HS KY KRB Y Y A Y Y Y Y A A A Y A Y B.C Conference with Labor Negotiator - G.C. 54957.6 Agency Designated Representative: Cristian Leiva and llyssa Employee Organizations: ATU, AFSCME, TCU, and Teamsters DeCasperis (or designees. NO REPORT. Section 54957(b)(1) C.Public Employee Performance Evaluation - Government Code Title: Chief Executive Officer, Board Clerk, General Counsel, Inspector General, Chief Ethics Officer NO REPORT. ADJOURNED AT 2:42 P.M. Prepared by: Mandy Cheung Administrative Analyst, Board Administration m Collette Langston,Board Clerk 13