AGENDA ITEM 10-B ACTION ITEM TO: CHAIRMAN COVINGTON AND THE VRE OPERATIONS BOARD FROM: DALE ZEHNER DATE: APRIL 20, 2012 RE: AUTHORIZATION TO APPROVE THE THIRD YEAR OF THE OPERATING AND MAINTENANCE SERVICES CONTRACT RECOMMENDATION: The VRE Operations Board is being asked to recommend that the Commissions authorize the Chief Executive Officer to modify the contract with Keolis Rail Services Virginia, LLC for operating and maintenance services by approving up to amount will be provided via blue sheet at the Board meeting, for a total contract value not to exceed amount will be provided via blue sheet at the Board meeting, for the third year of operations, through June 30, 2013, and to make other administrative contract amendments described below. BACKGROUND: On October 16, 2009, the VRE Operations Board approved a contract with Keolis Rail Services Virginia for VRE operating and maintenance services and mobilization in the amount of $18,459,348 for the first contract year, through June 30, 2011. A contract amendment was approved on December 17, 2010 to add $2,085,000 to the contract value for a total amount not to exceed $20,544,348, to reflect service enhancements, higher than anticipated insurance costs, items added during negotiations, contingency funds, and to remove the requirement that Keolis indemnify VRE for all liability claims arising from the contract service with a value of up to $5,000,000. On May 20, 2011, the second contract year was authorized in the amount of $17,954,527. Authorization is now being sought in the amount of, amount will be provided via blue sheet at the Board meeting, for the third contract year. This amount is within the approved budget for FY 2013 and reflects a 3.5% increase to fixed cost services, based on the increase to the CPI for a 12 month period, as required by the contract. No change to the level of service is proposed. The contract is also being modified to reflect administrative changes proposed by VRE staff, including a scope change to include maintenance of the new warehouse at Crossroads Yard, an update to contract procedures to specify staff level representatives, the replacement of staff names with position titles, and an amendment to the invoice requirements for maintenance of equipment. All changes will be reviewed and approved by VRE Counsel before execution. FISCAL IMPACT: Funding for the third year of the commuter rail operating and maintenance services contract is included in the FY 2013 operating budget. 2 TO: FROM: DATE: RE: CHAIRMAN COVINGTON AND THE VRE OPERATIONS BOARD DALE ZEHNER APRIL 20, 2012 AUTHORIZATION TO APPROVE THE THIRD YEAR OF THE OPERATING AND MAINTENANCE SERVICES CONTRACT RESOLUTION 10B-04-2012 OF THE VIRGINIA RAILWAY EXPRESS OPERATIONS BOARD WHEREAS, on October 16, 2009, the VRE Operations Board approved a contract with Keolis Rail Services Virginia for VRE operating and maintenance services and mobilization in the amount of $18,459,348 for the first contract year, through June 30, 2011; and, WHEREAS, a contract amendment was approved on December 17, 2010 to add $2,085,000 to the contract value to reflect service enhancements, higher than anticipated insurance costs, items added during negotiations, contingency funds, and to remove the requirement that Keolis indemnify VRE for all liability claims arising from the contract service with a value of up to $5,000,000; and, WHEREAS, on May 20, 2011, the Operations Board approved the second contract year, through June 30, 2012, in the amount of $17,954,527 for a total contract value not to exceed $38,498,875; and, WHEREAS, authorization is now being sought to approve the third contract year as well as administrative contract amendments proposed by VRE staff. NOW, THEREFORE, BE IT RESOLVED THAT, the VRE Operations Board recommends that the Commissions authorize the Chief Executive Officer to modify the contract with Keolis Rail Services Virginia, LLC for operating and maintenance services by approving up to amount will be provided via blue sheet at the Board meeting, for a total contract value not to exceed amount will be provided via blue sheet at the Board meeting, for the third year of operations through June 30, 2013; and, BE IT FURTHER RESOLVED THAT, the VRE Operations Board recommends that the Commissions authorize the Chief Executive Officer to make the administrative contract changes discussed in the memo and as approved by VRE Counsel. 3