AGENDA ITEM 10-B INFORMATION ITEM TO: CHAIRMAN COVINGTON AND THE VRE OPERATIONS BOARD FROM: DOUG ALLEN DATE: NOVEMBER 16, 2012 RE: KEOLIS MID-CONTRACT ASSESSMENT At the September 21, 2012 Operations Board meeting, a request was made for an analysis of the Keolis contract as the midpoint of the contract is approaching. For the purpose of this effort, information is first provided on the 2009 proposal process, followed by the history of the contract award and amendment. The analysis then applies amendment costs to the Keolis and Amtrak base proposals when appropriate to allow for comparison. 2009 Proposal Element Keolis Base proposal for ongoing services (train $16,255,529 operations, management, etc) Mobilization $1,703,819 Costs Applied to All Contracts Incentives (applied by VRE to all proposals) $400,000 Off-site Materials (applied by VRE to all $100,000 proposals) TOTAL $18,459,348 Amtrak $17,225,284 $2,231,265 $400,000 $100,000 $19,956,549 Because the other proposers (Bombardier and Connex) submitted costs much higher than both Keolis and Amtrak, detailed information is just provided for Keolis and Amtrak. Comparison of Keolis and Amtrak Proposals $25,000,000 $20,000,000 Off-Site Materials $15,000,000 Incentives Mobilization $10,000,000 Base Bid $5,000,000 $Keolis Amtrak In October 2009, the Operations Board elected to award the contract to Keolis in the amount of $18,459,348, without any contingency, allowance for items added during original negotiations, or already planned service enhancements. The Operations Board instead asked staff to prepare a separate amendment, detailed below, that was acted on independently in December 2010. Contract Award and Amendments Following the original award, annual contract renewals for each year of service were made in accordance with the contract in May 2011 and April 2012. Date 10/16/09 12/17/10 05/20/11 04/20/12 Term Contract Year 1- FY2011 December 2010 Amendment Contract Year 2 - FY 2012 Contract Year 3 – FY 2013 Value $18,459,348 $1,585,000 $17,154,527 $18,008,591 There has been only one contract amendment outside of the annual renewals since the original contract award in 2009. This amendment was made in December of 2010 and, as shown below, primarily addressed changes that came out of the original negotiation and service enhancements that would have applied to any contract operator. The changes that came out of the original negotiation were discussed with the Operations Board in October 2009 but, at the Board’s request, action was deferred until December 2010. 2 December 2010 Amendment Scope Change Cost Reason Keolis Specific Amendments Crew layover facilities $160,000 Keolis proposed a layover facility that VRE felt was too far from the coach yard, which was a concern with DC traffic. VRE requested another location and after negotiations agreed to a price increase of $160,000 to cover additional costs. Additional mobilization $275,000 Based on industry standards, Keolis costs assumed that 70% of the previous contract operator’s employees would move to the new service. In reality, only one employee moved, increasing mobilization costs associated with training. This was a onetime cost. VRE Requested Amendments Express train $675,000 Added an express train and turn back train. Amtrak costs would have been comparable, although not identical. Liability premium $325,000 FY 2011 saw higher than anticipated costs liability premium costs. Amtrak and Keolis assumed the same estimated cost for liability insurance. As such, it can be assumed that this cost increase would have impacted either operator. Note VRE pays the premium regardless of the provider. Locomotive repairs $325,000 At the time, VRE was operating old locomotives at the end of their useful life and awaiting delivery of the 20 new locomotives. Major failures began occurring and additional mechanical teams were brought in to maintain on-time performance. Given the circumstances and age of the equipment, it can be assumed that this cost increase would have impacted any operator Incentive ($175,000) VRE assumed $400,000 for incentives and actuals were $225,000. TOTAL $1,585,000 3 It is important to note that as part of the Board action on this amendment in December 2010, an additional $500,000 was approved for contingency to cover additional equipment maintenance capital needs such as warranty work or higher than expected incentive payments. The contingency was not used in FY 2011, allowing the contract year to be completed well under the Board authorized amount. Comparison of Adjusted Keolis and Amtrak Proposals – Post December 2010 Amendment $25,000,000 December 2010 Amendment VRE $20,000,000 December 2010 Amendment Keolis $15,000,000 Off-Site Materials $10,000,000 Incentives Mobilization $5,000,000 Base Bid $Keolis Amtrak Several of the amendment components (i.e. additional service) would have been applicable to any service provider. As such, these costs were added to both proposals for comparison purposes. After adjusting for these amendments, the Keolis contract was still approximately $1M less than the Amtrak proposal. 4 Proposal vs. Actuals FY 2011 Actual costs for FY 2011 were $18,149,486, within the approved Board authorization, and $1,893,957 more than the base proposal submitted by Keolis. Note the comparison between the proposal and actuals is using the base proposal for ongoing services. Keolis Base Proposal Actual FY 2011 Costs Difference $16,255,529 $18,149,486 $1,893,957 A summary of major variances is provided below. Note that many of the line items are additions that were added through the December 2010 Amendment but are ongoing annual costs. Variance Mobilization costs carried over from FY 2011 Crew layover facilities Cost Keolis Specific $86,373 $160,000 Applicable to Any Provider Incentive $224,918 Express Train Notes Capital purchases related to mobilization. See note in Amendment #1 The contract includes incentives related to train service and OTP. Incentive payments were budgeted at $400,000 but not included in the base proposals, making this a negative variance. While payment of specific incentives would differ by operator, it can be assumed that any provider would receive incentives. New service - Amtrak costs would have been comparable, although not identical. $576,140 5 Equipment task order work Liability premiums $516,060 See note in Amendment #1 See note in Amendment #1 $325,000 Total: $1,888,491 FY2011 Actuals Applied to Adjusted Base Proposals $19,500,000 $19,000,000 $18,500,000 Liability Premium $18,000,000 Equipment Task Order $17,500,000 Additional Service $17,000,000 Incentive $16,500,000 Layover Facility $16,000,000 Mobilization $15,500,000 Base Bid $15,000,000 $14,500,000 Keolis Amtrak Note – the Amtrak base proposal was adjusted for costs applicable to any provider using the same costs as applied to Keolis Several of the amendment components (i.e. additional service) would have been applicable to any service provider. As such, these costs were added to both proposals for comparison purposes. After adjusting for these amendments, the Keolis contract was still approximately $725,000 less than the Amtrak proposal. FY 2012 Actual costs for FY 2012 were $17,473,794, within the approved Board authorization, and $1,218,265 more than the base proposal submitted by Keolis. A summary of major variances is provided below. Note that many of the line items are additions that were added through the Amendment but are ongoing annual costs. 6 Variance Insurance Claims Services Crew layover facilities Cost Keolis Specific $22,574 $160,000 Notes Payment made to Keolis for subcontractor work managing claims attributed to VRE or jointly between VRE and Keolis See note in Amendment #1 Applicable to Any Provider $722,047 The procurement included incentives related to train service and OTP. Incentive payments were budgeted at $400,000 but not included in the base proposals. While payment of specific incentives would differ by operator, it can be assumed that any provider would receive incentives. Service Additions from $576,140 Additional service prior years Amtrak costs would have been comparable, although not identical. Service additions (full $401,884 Additional service year of turnback train and Amtrak costs would have added cars) been comparable, although not identical. Equipment task order $35,000 Additional work on the work Legacy Gallery cars was required beyond what was expected in the original scope. Liability premiums $(900,000) Board action to remove insurance coverage from contract as expected cost savings to VRE policies were not realized Incentive 7 Contractual increase – would apply to any operator. CPI Adjustment of 1.2% $197,938 Total: $1,215,583 FY2011 Actuals Applied to Adjusted Base Proposals $25,000,000 1.2% CPI $20,000,000 Liability Premium $15,000,000 Equipment Task Order Additional Service $10,000,000 Incentive Layover Facility $5,000,000 Insurance Claims Services $- Base Bid Keolis Amtrak $(5,000,000) Note – the Amtrak base proposal was adjusted for costs applicable to any provider using the same costs as applied to Keolis. Several of the amendment components (i.e. additional service) would have been applicable to any service provider. As such, these costs were added to both proposals for comparison purposes. After adjusting for these amendments, the Keolis contract was still approximately $790,000 less than the Amtrak proposal. Given the comprehensive nature of the contract, the addition of several service enhancements that were not part of the base proposal, and the record-breaking on-time performance, VRE staff has reviewed the information in detail and is satisfied with the level of and reasons behind the variances. Customer Service In addition to the federal and state requirements for VRE to compete this contract, VRE welcomed the opportunity to write a purchase of service contract that focused on operations management and customer service. The scope of the previous contract was drafted prior to VRE beginning service and renegotiated with limited amendments for over 15 years. The scope of services governing the contract with Keolis provided better crew oversight and management of 8 interaction with the customers. As shown below, every one of the train crew performance measures increased with the new contract and Keolis operations. Measure (train crew elements only) Knowledgeable about VRE Operations Helpful Courteous Make regular station announcements Make timely delay announcements Check tickets regularly Present a professional appearance Overall Crew Performance Amtrak Keolis (2010 last year (2012 current of contract) year) 89% 90% Up 1% 88% 86% 80% 90% 89% 82% Up 2% Up 3% Up 2% 71% 76% Up 5% 73% 91% 78% 93% Up 5% Up 2% 87% 90% Up 3% 9 Difference