Agenda Item 8-A Action Item To: Chairman Smedberg and the VRE Operations Board From: Doug Allen Date: December 20, 2013 Re: Approval of 2014 VRE Officers ________________________________________________________________ Recommendation: The VRE Operations Board is being asked to approve the nominees for the 2014 VRE Officers as recommended by the Nominating Committee. The nominees are as follows: Chairman: Vice Chairman: Secretary: Treasurer: Paul Milde (PRTC) John Cook (NVTC) Gary Skinner (PRTC) Paul Smedberg (NVTC) Installation of the 2014 VRE Officers shall take place at the January 17, 2014 VRE Operations Board Meeting. Background: According to the VRE Bylaws, each of the Commissions shall provide two officers from among its Operations Board Members. The offices of Chairman and Vice Chairman shall not be held at the same time by members representing the same jurisdiction or the same appointing Commission and the office of Chairman shall be rotated each year between the two Commissions. Due to Mr. Zimmerman’s departure from public office in 2014, Mr. Smedberg has agreed to serve as both Immediate Past Chairman and Treasurer. Virginia Railway Express Operations Board Resolution 8A-12-2013 Approval of 2014 VRE Officers WHEREAS, the VRE Bylaws provides for the annual election of Officers to serve as Chairman, Vice Chairman, Secretary and Treasurer, and WHEREAS, the Office of Chairman shall be rotated each year between the two Commissions, and WHEREAS, the Chairman appointed a Nomination Committee and that Committee has made its recommendation of 2014 VRE Officers to the Operations Board. NOW, THEREFORE, BE IT RESOLVED THAT, The VRE Operations Board has approved the election of Paul Milde as Chairman, John Cook as Vice Chairman, Gary Skinner as Secretary and Paul Smedberg as Treasurer and Immediate Past Chairman to serve as the 2014 VRE Officers to be installed at the January 17, 2014 Operations Board Meeting. Approved this 20th day of December 2013 ______________________________ Paul Smedberg Chairman ____________________________ John Cook Secretary 2 Agenda Item 8-B Action Item To: Chairman Smedberg and the VRE Operations Board From: Doug Allen Date: December 20, 2013 Re: Referral of the Revised FY 2014 and Recommended FY 2015 VRE Operating and Capital Budgets to the Commissions and Localities Recommendation: The VRE Operations Board is being asked to adopt the revised FY 2014 VRE Operating and Capital Budget and the recommended FY 2015 VRE Operating and Capital Budget, and refer them to the Commissions for their consideration and subsequent referral to the jurisdictions for their formal review and adoption. Background: In accordance with the VRE Master Agreement, which outlines the process for annual budget approval, the preliminary FY 2015 VRE Operating and Capital Budget was initially prepared for review at the August VRE Operations Board meeting, and subsequently considered at the September meeting. Since that time, it has been discussed at numerous meetings of the Operations Board, the Capital Committee and the CAO Task Force. The CAO Task Force met on December 12th to present their final recommendations and discuss VRE responses to those recommendations. Discussion: The FY 2015 budget totals $128 million. The major assumptions are as follows: Jurisdictional subsidy of $16,428,800; no increase compared to the FY 2014 level No fare increase and a projected average daily ridership of 19,200 passengers, which results in a total of $36.6M in fare revenue Addition of a Fredericksburg line train in October 2014 Opening of the Spotsylvania station and 1,500 car parking facility in October 2014 Federal 5307 and 5337 (State of Good Repair) funding equal to the amount received in FY 2014 Tiered capital matching funds from the State of the non-federal share for new projects State operating funds of $10.3 million, which is equivalent to the FY 2014 funding level Fuel estimated at $3.50/gallon for a total cost of $5.9 million, including the additional Fredericksburg line train Grant funding from all sources for track access costs at 82%; similar to the level provided in FY 2014 Addition of two FTE employees to the equipment operations department to replace consultants currently overseeing contract employees at VRE maintenance facilities – proposal is cost neutral. The multi-year CIP includes both programmed and unprogrammed projects. The programmed projects include those that are funded through federal formula grants received annually by VRE; through already allocated funds from other programs, such as CMAQ or NVTA; or through other expected sources. The unprogrammed projects are those that are pending a discretionary allocation by a funding authority or for which a funding source has not yet been identified. The programmed capital projects for FY 2015, including required local match, are outlined below. Funding sources are FTA formula funds, unless otherwise indicated. Positive train control (PTC) - $2.0M (final phase) Rolling stock – Non-NVTA - $11.0M (state and local funding only) Rolling stock – system funds $2.2M Maintenance facility – $17.1M Equipment storage - $5.3M Alexandria station/platform - $.4M Project development - $2.0M (capital reserve) Capital reserve contribution - $3.0 (local funds only) Facilities infrastructure - $1.0M Lorton platform improvements - $2.0M (CMAQ) Rippon platform improvements - $350k (CMAQ) The unprogrammed capital projects for FY 2015 include the proposed submission to NVTA for FY 2014 unallocated funds and FY 2015 and FY 2016 funds. Slaters Lane crossover and signals: $7.0M Rippon platform expansion: $15.0M Manassas Park station parking expansion: $19.0M Crystal City platform expansion study: $2.0M Franconia Springfield platform expansion: $5.0M The FY 2015 budget exceeds the prior year budget by $36.2M. Material expenditure line item changes are noted below; adjustments are in comparison to the FY 2014 adopted budget. Capital costs increased by $36.5M, primarily as the result of additional 5337 (State of Good Repair) federal funding Equipment maintenance increased by $1.2M to reflect the addition of the Fredericksburg line train leased equipment and fuel Keolis contract costs are budgeted at a net increase of $1.2M to reflect a 3.5% increase in accordance with the contract requirements plus costs for the Fredericksburg line train Access fee costs increased by $1.2M to reflect an estimated increase to the AAR index for the first quarter of calendar 2012 for Amtrak, the contractual increase of 4% for CSX and NS, and the additional Fredericksburg line train Debt service costs decreased by $6.9M to reflect the retirement of the 1998 bonds. Bonds were funded with state and local match, with no federal participation. In the event the Operations Board chooses to rebid the operations and maintenance contract prior to the optional renewal date of July 1, 2015, $2M is included for mobilization funding. This cost is funded with one-time funds from the prior year surplus. The budget also includes a six-year financial forecast for the period FY 2014 through FY 2020. A six-year forecast was prepared that includes no fare increase in FY 2015 and a 5% fare increase in FY 2016, FY 2018 and FY 2020. In order to assist the Operations Board review, the following information is attached: A comparison of projected fuel tax revenue compared to the VRE subsidy amount for FY 2014 and FY 2015 Actual operating and capital reserve levels at the end of FY 2013 and as projected for FY 2014 and FY 2015 FY 2014 Amended Budget The FY 2014 budget has been revised to reflect current projections for revenue and expenses. The major changes are as follows: Additional state operating funds in the amount of $3.3M Additional state access fee funding in the amount of $238k Capital projects increased by $18.8M due to additional federal funding; primarily 5337 (State of Good Repair) funds. Projects include: o Replacement railcars: $8.1M o Expansion railcars: $1.9M o Equipment storage: $3.4M o Maintenance facility: $5.4M Capital projects increased by $30.5M due to NVTA funding for the following projects: o Expansion railcars: $19.8M o Lorton – second platform: $7.9M o Alexandria pedestrian tunnel: $1.3M o Gainesville-Haymarket study: $1.5M Operating costs were increased by a net amount of $712k, including the following : o Rolling Stock repairs and maintenance increased by $600k for carryover enhancement projects from FY 2013 o Planning consulting costs were increased by $138k for carryover projects from FY 2013 o Safety and Security costs increased by $45k for Broad Run station foliage removal in accordance with the recommendation of the Threat and Vulnerability Assessment $1.23M was contributed to the capital reserve Full supporting budget documents will be provided early in the week of December 16. Virginia Railway Express Operations Board Resolution 8B-12-2013 Referral of the Revised FY 2014 and Recommended FY 2015 VRE Operating and Capital Budgets to the Commissions and Localities WHEREAS, the VRE Master Agreement requires that the Commissions be presented with a fiscal year budget for their consideration at their respective January meetings prior to the commencement of the subject fiscal year; and, WHEREAS, the VRE Chief Executive Officer has provided the VRE Operations Board with the FY 2015 Operating and Capital Budget within the guidelines developed in concert with the jurisdictional chief administrative officers; and, WHEREAS, VRE staff recommends a budget built on an average daily ridership of 19,200 and 34 trains. NOW, THEREFORE, BE IT RESOLVED THAT, the VRE Operations Board does hereby recommend that the Commissions adopt the revised FY 2014 and recommended FY 2015 VRE Operating and Capital Budgets and forward the FY 2015 budget to the local jurisdictions for inclusion in their budgets and appropriations in accordance with the Master Agreement; and, BE IT FURTHER RESOLVED THAT, the VRE Operations Board recommends that the Commissions authorize the Executive Directors of both PRTC and NVTC to submit to the Transportation Planning Board of the National Capital Region and to the Federal Transit Administration or other federal agencies, the appropriate Transit Improvement Program and grant applications for FY 2014 and FY 2015; and, BE IT FURTHER RESOLVED THAT, the VRE Operations Board recommends that the Commissions authorize the Executive Director of NVTC to submit to the Commonwealth the approved budget as part of the FY 2015 state aid grant applications; and, BE IT FURTHER RESOLVED THAT, the VRE Operations Board recommends that the Commissions authorize the Chief Executive Officer of VRE to submit appropriate projects to the Northern Virginia Transportation Authority or other funding authorities on behalf of the Commissions. Approved this 20th day of December 2013. _______________________________ Paul Smedberg Chairman ____________________________ John Cook Secretary FY14 Jurisdiction Prince William County Manassas Manassas Park Stafford Spotsylvania Fredericksburg Total Projected Fuel Tax 15,247,882 1,430,666 941,227 5,186,886 4,361,503 1,792,673 28,960,837 VRE Subsidy 5,748,203 757,804 574,709 2,529,281 1,313,600 427,728 11,351,325 Net 9,499,679 672,862 366,518 2,657,605 3,047,903 1,364,945 17,609,512 Proposed VRE Subsidy 5,485,333 686,944 401,762 2,689,391 1,401,382 581,244 11,246,056 Net 9,750,681 742,608 538,733 2,493,458 2,956,726 1,210,037 17,692,243 FY15 Jurisdiction Prince William County Manassas Manassas Park Stafford Spotsylvania Fredericksburg Total Projected Fuel Tax 15,236,014 1,429,552 940,495 5,182,849 4,358,108 1,791,281 28,938,299 Note: Does not include subsidies for other transit agencies, such as PRTC and Fredericksburg Regional Transit 12/13/13 R:\Executive\Board Kits\2013 Board Kits\December 2013\FY15 Budget\[Fuel Tax vs Subsidy 12-12-13.xlsx]Sheet1 VRE Reserve Funds - Actual and Estimated Description Amount Percent of Ongoing Expenses Operating Reserve FY 2013 Actual FY 2014 Amended Budget FY 2015 Proposed Budget 14,871,873 15,483,242 16,037,775 18.1% 17.1% 19.7% Unallocated Capital Reserve FY 2013 Actual FY 2014 Amended Budget FY 2015 Proposed Budget 3,374,046 7,606,221 8,606,221 12/13/13 R:\Executive\Board Kits\2013 Board Kits\December 2013\FY15 Budget\[VRE Reserves FY13 - FY15.xlsx]Summary VRE Reserves FY13 - FY15 Agenda Item 8-C Action Item To: Chairman Smedberg and the VRE Operations Board From: Doug Allen Date: December 20, 2013 Re: Approval of a Scope of Services and Recommend Action that the Commissions Issue a Request for Proposals (RFP) for Management Audit Services Recommendation: The VRE Operations Board is being asked to approve the attached scope of services and recommend the Commissions issue a Request for Proposals (RFP) to procure Management Audit Services. Background: At their respective October 3, 2013 Commission meetings, the Northern Virginia Transportation Commission and Potomac and the Rappahannock Transportation Commission passed resolutions creating the Joint Audit Committee and directing that committee to develop a scope of work and plan of execution for a VRE management audit for the Commissions’ review and approval. The Joint Audit Committee met on November 15, 2013 to discuss the proposed purpose of the audit as well as develop a scope of work. It was established that a management audit is desired because audits of this sort are a healthy practice for organizations to ensure optimal operational and procedural efficiency. The scope of work for the RFP includes: reviewing Governance documents, recently completed audits and conducting interviews to gain a comprehensive understanding of the various issues; reviewing the APA report and providing an assessment of key points and recommended actions; reviewing internal controls and recommending procedural improvements and further exploring various issues in more detail as becomes necessary. To ensure independence, the Commissions will procure the services and award the contract. Fiscal Impact: Funding is provided for in the FY 2014 Operating Budget 2 Virginia Railway Express Operations Board Resolution 8C-12-2013 Approval of a Scope of Services and Recommend Action that the Commissions Issue a Request for Proposals (RFP) for Management Audit Services WHEREAS, in the course of establishing a VRE Joint Audit Committee, the commissions expressed a desire for a VRE management audit to be undertaken, overseen by the VRE Joint Audit Committee; and WHEREAS, the VRE Joint Audit Committee has shaped the scope of the prospective management audit to examine VRE’s current practices and the practices of other, comparable organizations to assess whether changes for the betterment of the organization are warranted; and WHEREAS, the VRE Joint Audit Committee is recommending to the VRE Operations Board that the VRE Operations Board endorse the scope of this audit as presented and forward it to the Commissions with a recommendation that the Commissions authorize the commencement of a competitive procurement to contract for outside assistance for the conduct of the management audit; and NOW, THEREFORE, BE IT RESOLVED THAT, the VRE Operations Board hereby endorses the management audit scope of services as presented and recommends that the Commissions authorize the commencement of a competitive procurement to contract for outside assistance for the conduct of the management audit. Approved this 20th day of December 2013 ______________________________ Paul Smedberg Chairman ____________________________ John Cook Secretary 3 Scope of Services for the VRE Management Audit Introduction The Virginia Railway Express (VRE) is a service jointly owned by two transportation commissions: the Northern Virginia Transportation Commission (NVTC) and the Potomac and Rappahannock Transportation Commission (PRTC). Launched in 1992, the service has evolved from a startup project to the tenth largest commuter rail system in the country, currently transporting some 20,000 riders per day. To oversee the service, the commissions created an Operations Board (“the VRE Operations Board”) at the outset, consisting of appointees of the commissions’ member jurisdictions who are also members of one or the other parent commission. The commissions also delegated specified decisionmaking authority to the VRE Operations Board and, in the intervening twenty years, the VRE Operations Board has been delegated greater decision-making authority on an incremental basis. VRE is an out-sourced service – all train operations and maintenance is contracted out (presently to Keolis), and VRE trains operate on freight-owned trackage maintained by the freight railroads, dispatched by one of the two freight railroads (the CSXT Corporation). Contract management, customer service, service planning, engineering management, procurement, and specified other functions are performed by in-house staff, some of whom are dedicated to VRE service singularly while others are shared staff resources performing functions on behalf of VRE and other, commissionsponsored services / initiatives. In-house staffing levels have increased modestly over time, and some shifts have been made to increase staffing dedicated to VRE singularly as the scale of the operation has grown. The VRE service has also had a chief executive who reports to the VRE Operations Board since its inception, an at-will and contract employee. Because VRE is a service jointly owned by the two commissions, not a legal entity, the commissions are the signatories to VRE-related contracts, and the commissions serve as grant applicants for VRE-related operating and capital grants – NVTC for state-sponsored grants and PRTC for federallysponsored grants. As a recipient of both federal and state grants, the commissions and its VRE service has been the subject of customary grant compliance (and triennial) audits, and financial audits are done annually. To date, however, there has not been a management audit, so the present undertaking is a first-time venture. The firm retained to conduct this management audit will be expected to review the most recent round of customary, completed audits, and a recently completed audit conducted by the Commonwealth of Virginia’s Auditor of Public Accounts (which focused on VRE’s governance structure), “mining” these audits for insights about the VRE operation and practices. The management audit will be overseen by a newly established VRE Joint Audit Committee (“the Committee”), a creation of the two commissions that is answerable to the two commissions. The Committee was established with the explicit intent of presiding over all the VRE-related audits, and recommending actions that audit results might indicate are warranted. In establishing the Committee, the commissions also explicitly directed that the Committee oversee this first-time, management audit. Accordingly, the Committee has been directly involved in fashioning the scope of services, which envisions interviews with members of the Committee as another important source of insight about the VRE operation and practices. A management audit is desired by the commissions because audits of this sort are a healthy practice for organizations to take stock of their current practices and the practices of other, comparable organizations to assess whether changes for the betterment of the organization are warranted and, if so, what form those changes might take. It is not motivated by a belief that anything is “broken”. And the commissions believe a management audit is timely now because the VRE operation has, in the course of its first twenty years, evolved from a startup project to the tenth largest commuter rail system in the country, during which time changes in practices have been made incrementally without a systematic examination of the operation in its entirety. Because the management audit is not being instigated by anything perceived to be “broken”, the scope of services does not explicitly target subjects for management audit attention. Instead, the scope of services delineates a set of initial tasks that can be characterized as information gathering efforts necessary to fashion a set of initial findings, which will set the stage for determinations about specific subject areas warranting more in-depth work. Informed by the management consultant’s findings, the Committee will make recommendations to the commissions, and the commissions themselves will determine what more work is to be done. Because the scope of services is defined as described, proposers are being asked to formulate how the tasks that are specified will be performed, furnishing estimates of person hours by skill type and budgets for same, supplemented by hourly rates for follow-on work that the commissions decide they want to undertake, where the hourly rates for the follow-on work are differentiated by skill type, level of management experience, etc.. All such follow-on work will be performed on a task order basis, with each task order negotiated by the parties. To more fully inform would-be proposers of what they would be examining during the course of the initial tasks, a listing of the recently completed audits can be found in attachment one. That listing constitutes a part of the initial fact-finding. In addition to those audits, proposers should anticipate the need to review “governance” documents related to the VRE service, because the “governance” documents are a source of further insight about current practices and why they are as they are. That said, proposers should understand that the management audit is not intended to be an assessment of governance. “Governance” documents that are to be examined are appended (attachment two), namely: The VRE Master Agreement The VRE Bylaws A document describing the delegation of authority from the commissions to the VRE Operations Board; An organization chart; and The current year VRE budget. Detailed Work Plan for the Management Audit Task 1 Interview Committee members to gain a good understanding of the various issues, perspectives, objectives. Task 2 Review organizational structure of VRE including the duties performed by employees in the VRE structure and duties performed by others. Review the Master Agreement sections related to the VRE functions and processes. This task is not an assessment of governance, but could include a review of governance structure to better assess the organizational structure and duties performed within the VRE organizational structure. Task 3 Review the audits that are done on a routine basis to judge what other areas might be useful to evaluate. Since audit and reporting activities consume a significant amount of staff resources, any additional audits should be considered carefully defined to target areas not already well covered. Task 4 Review the APA report and provide the Committee with an assessment of the Key Points presented in the report and recommend actions relative to each. Task 5 Internal controls are achieved by establishing a framework of processes that help ensure achievement of operational objectives as well as proper reporting and compliance. The recently completed APA report included suggestions related to internal control frameworks, specifically referencing the work done by the Committee of Sponsoring Organizations (COSO) in this regard. Following the review of VRE’s internal structure and relationship of the Operations Board and Commissions, the consultant should assess and recommend enhancements to internal control processes. Follow-on Tasks There will likely be other issues the commissions will want to explore in more detail. The consultant will be available to undertake a reasonable number of these additional topics. Procurement Approach This is a competitive procurement and individuals or firms with the following characteristics are encouraged to propose: 1. Expertise and experience with public management audits and more particularly experience with public transportation or rail and multi-jurisdictionally-sponsored services. 2. Excellent listening skills and demonstrated adaptability to allow the “flow” of the work once it begins to shape the conduct of the ensuing work. This is not a “cookie cutter” engagement and we don’t want a formulaic approach. 3. Well acquainted with the industry and industry experts, who can advise on possible peer review candidates if the management audit findings indicate that peer reviews would add value, and help us arrange for their engagement. 4. Possess intimacy with public transportation governance practices (especially with rail and multijurisdictionally-sponsored services), and an appreciation for knowledge and know-how required to function effectively in a board capacity. Proposers are to submit proposals by no later than noon on ___(date)___ , conforming in terms of required content with the proposal specifications appended here as attachment three. Proposals will be evaluated by a senior management team employing the following initial evaluation criteria, leading to a short listing of proposers that are in the competitive range based on the initial evaluation: 1. Project manager’s experience 20% 2. Proposal team’s experience 20% 3. Proposal team’s approach 20% 4. Cost for specified tasks 20% 5. Hourly rates for follow-on work 10% Note that the criteria for the initial evaluation totals 90%; the remaining 10% is reserved for the final evaluation, which will be done after interviews of the short-listed firms conducted by the same senior management team in conjunction with the Committee. A “selection” recommendation will be made to the VRE Operations Board, which will be asked to concur in the recommendation and advance it to the commissions for authorization to award. The procurement schedule as now envisioned is appended here as attachment four. Attachment One Recent Audits Scheduled • Audit of financial statements - includes consideration of internal control over financial reporting, and A-133 single audit of compliance with federal requirements (portion conducted at VRE). Done annually. • VDRPT audit – compliance with broad range of state requirements, including following grant instructions and requirements, record-keeping, documentation, and policies and procedures. Every three years • FTA triennial review - compliance with broad range of federal requirements, including financial and administrative capacity; maintenance of assets and asset records; procurement methods, policies and recordkeeping; adhering to ADA, EEO and Title VI rules; safety and security plans and programs. Every three years. • FRA review of yards – maintenance and storage of equipment, operating rules and procedures, etc. Every three years. • APTA Security (on behalf of the FRA) – threat and vulnerability assessment. Every three years. Unscheduled • FTA – Financial Management Oversight review – conducted to review railcar purchases and other aspects of PRTC/VRE financial management. FY 2010 • FTA – ARRA review – specific focus on the use of Recovery Act funds (several years ago) • DHS desk audits – specific focus on the use of FEMA/Homeland Security grants. • APA governance review. • DRPT special review – early 2012 • Compensation study – FY 2013 Audit Matrix x x Compensation study Planned Management Audit DRPT Special Review FRA Spot Inspection FTA - ARRA FTA -Financial Management Oversight APTA Security Unscheduled FRA Triennial FTA Triennail DRPT Triennail Triennail APA Governance Areas Covered: Financial Statements Internal Controls Compliance w/Federal Requirements Compliance w/State Master Agreement Compliance w/FRA Procedures Governance Employee/Org Improvement Strategic Planning Management of Resources A-133 Single Audit Report Annual x x x x x x x x x x x x x x x Attachment two Governance Documents The VRE Master Agreement The VRE Bylaws Delegation of Authority: Board Item 8B-11-2007 The VRE Organizational Chart FY 2014 VRE Budget Agenda Item 8-D Action Item To: Chairman Smedberg and the VRE Operations Board From: Doug Allen Date: December 20, 2013 Re: Approval of Submission of VRE Project List to the NVTA for FY 2014-16 Funding Consideration Recommendation: The VRE Operations Board is being asked to recommend the Commissions approve the submission of the attached list of VRE projects to the Northern Virginia Transportation Authority (NVTA) for consideration for funding in its fiscal year (FY) 2014-2016 program. Background: The passage of House Bill (HB) 2313 requires the NVTA to fund highway projects that have been both included in TransAction 2040 and evaluated for congestion relief and emergency evacuation by VDOT according to Virginia Code §33.1-13.03:1 or mass transit capital projects that increase capacity. On July 24, 2013 NVTA approved its FY 2014 program of highway and transit projects. In addition to a list of Pay-As-You-Go projects valued at $116,058,000, a project bond package totaling $93,735,000 was also approved. The total of the PayAs-You-Go and bond lists is $209,793,000. Total revenue estimates for FY 2014 are approximately $270,000,000. Four VRE projects totaling $30,500,000 were selected for funding: fleet expansion (9 additional coaches), Lorton station platform expansion and second platform, Alexandria station pedestrian tunnel and platform improvements and Gainesville-Haymarket expansion study. On December 12, 2013 NVTA issued a Call for Projects for consideration for funding for the unallocated FY 2014 revenues as well as expected FY 2015-2016 revenues. Project submissions will be due to NVTA on January 31, 2014. The NVTA Board will determine the final project list to release for public comment at an as yet to be determined public hearing. The following VRE projects increase VRE capacity and are recommended to be forwarded to NVTA for consideration. The costs are preliminary estimates. Detailed budgets will be developed if the project is selected for funding. 1. Slaters Lane crossover and signals, $7M 2. VRE Rippon platform expansion (expand existing platform + second platform), $15.0M 3. VRE Manassas Park station parking expansion (parking structure + pedestrian connection), $19M 4. VRE Crystal City platform expansion study, $2.0M 5. VRE Franconia-Springfield platform expansion, $5.0M All of the proposed projects will expand VRE passenger-carrying capacity. VRE capacity includes seats on trains as well as station capacity (e.g., parking and platform capacity) and train storage capacity. The above projects support the VRE capacity expansion made possible with the fleet expansion funded by NVTA in its initial FY 2014 program. The Operations Board is being asked to recommend that the Commissions authorize the VRE CEO to submit the projects for funding and to execute all project agreements on behalf of the Commissions. NVTC will provide oversight for the Commissions on the reimbursement of project expenditures. Fiscal Impact: The submission of a project list has no fiscal impact. If selected for funding, the NVTA funds would allow currently identified projects to be completed or initiated on an accelerated schedule. 2 Virginia Railway Express Operations Board Resolution 8D-12-2013 Approval of Submission of VRE Project List to the NVTA for FY 2014-16 Funding Consideration WHEREAS, the passage of House Bill (HB) 2313 requires the NVTA to fund highway projects that have been both included in TransAction 2040 and evaluated for congestion relief and emergency evacuation by VDOT or mass transit capital projects that increase capacity; and, WHEREAS, as NVTA approved an initial fiscal year (FY) 2014 project list in July 2013; and, WHEREAS, NVTA has now issued a Call for Projects to agencies and jurisdictions for consideration for funding with the unallocated FY 2014 revenues as well as expected FY 2015-2016 revenues. NOW, THEREFORE, BE IT RESOLVED THAT, the VRE Operations Board recommends the Commissions approve the submission of the attached list of VRE projects to the NVTA for consideration for funding in FY 2014-2016; and, BE IT FURTHER RESOLVED THAT, the Operations Board recommends that the Commissions authorize the Chief Executive Officer of VRE to submit the approved projects for funding, to make any necessary corrections to project amounts or descriptions, and to execute all project agreements on behalf of the Commissions. Approved this 20th day of December 2013 ______________________________ Paul Smedberg Chairman _________________________ John Cook Secretary 3 VRE Capacity-Expansion Projects for Consideration for NVTA FY 2014-2016 Funding 1. Slaters Lane crossover and signals 2. VRE Rippon platform expansion 3. VRE Manassas Park station parking expansion 4. VRE Crystal City platform expansion study 5. VRE Franconia-Springfield platform expansion 4 Agenda Item 8-E Action Item To: Chairman Smedberg and the VRE Operations Board From: Doug Allen Date: December 20, 2013 Re: Authorization to Award a Contract for Banking Services and a Line of Credit Recommendation: The VRE Operations Board is being asked to authorize the Chief Executive Officer to execute a contract for banking services with (name of firm to be provided at the Operations Board meeting via bluesheet)for a base period of three years, with an option to extend for up to two additional years, with the CEO exercising the option years at his discretion. The total contract value for the five year period will be in an amount not to exceed (cost to be provided at the Operations Board meeting via bluesheet.) The contract includes a provision for a $1 million line of credit. Background: On June 21, 2013, the VRE Operations Board approved a request to issue a Request for Proposals (RFP) for banking services and a line of credit. A mailing list of eleven prospective Offerors was established for the solicitation to ensure access to adequate sources of services. On September 16, 2013, an RFP was issued and proposals were due on November 1, 2013. Four responses were received. The RFP included banking services for both VRE and PRTC to be awarded separately to one or more Offerors. The Technical Evaluation Teams from VRE and PRTC met to review and discuss the proposals and conducted interviews with the top three firms. It was determined by the VRE Team that the proposal from (name of firm to be provided at the Operations Board meeting via bluesheet) was technically compliant and provided the best combination of services and price, in accordance with the qualifications established in the RFP. In March 2009, VRE awarded a contract to SunTrust Bank for banking services and the provision of a $1 million line of credit. The last extension of this contract will expire at the end of March 2014. SunTrust did not submit a proposal in response to the current solicitation. The new contract will be for a three year base year and two option years, with the VRE CEO exercising the option years at his discretion. This authorization allows the transition to begin to the new provider of banking services and to extend the current contractual arrangement with SunTrust for up to an additional three months, if needed, to assure a seamless transition for all services. As the procurement was structured to provide separate contracts for VRE and PRTC, this action awards a contract to VRE only and seeks Commission approval for the CEO to execute this contract and sign all associated documents. Fiscal Impact: Fees for banking services are paid either as a deduction from interest earnings or debited directly from VRE’s operating account. Funds are allocated in the FY 2014 annual budget based upon estimated costs. Funding for future years will be included in each proposed annual budget. 2 Virginia Railway Express Operations Board Resolution 8E-12-2013 Authorization to Award a Contract for Banking Services and a Line of Credit WHEREAS, on June 21, 2013, the VRE Operations Board authorized VRE staff to solicit proposals for banking services; and, WHEREAS, four proposals were received and the proposal from (name of firm to be provided at the Operations Board meeting via bluesheet) was deemed the most advantageous. NOW, THEREFORE, BE IT RESOLVED THAT, the VRE Operations Board recommends that the Commissions authorize the Chief Executive Officer to enter into a contract for banking services and the provision of a $1M line of credit with (name of firm to be provided at the Operations Board meeting via bluesheet) for a period of three years, with an option to extend for up to two additional years for an amount not to exceed (cost to be provided at the Operations Board meeting via bluesheet) over the five year period; and, BE IT FURTHER RESOLVED THAT, the VRE Operations Board recommends that the Commissions authorize the Chief Executive Officer to sign any associated banking documents; and, BE IT FURTHER RESOLVED THAT, the following be designated as authorized signatories for VRE’s accounts: Chief Executive Officer Chief Operating Officer/Deputy CEO Chief Financial Officer Approved this 20th day of December 2013 ______________________________ Paul Smedberg Chairman ____________________________ John Cook Secretary 3 Agenda Item 8-F Action Item To: Chairman Smedberg and the VRE Operations Board From: Doug Allen Date: December 20, 2013 Re: Authorization to Award a GEC VI Task Order for Design and Construction Management Services for the Alexandria King Street Pedestrian Tunnel Project Recommendation: The VRE Operations Board is being asked to authorize the Chief Executive Officer to award a GEC VI Task Order to Gannett Fleming for Design and Construction Management Services for the Alexandria King Street Tunnel Project in an amount of $1,728,151, plus a 5% contingency of $86,408, for a total amount not to exceed $1,814,559. Background: In September of 2008, the Washington Metropolitan Area Transit Authority (WMATA) completed a pedestrian circulation analysis that identified general options to improve pedestrian traffic around the VRE/Amtrak and Metrorail King Street stations. One opportunity identified was the construction of a new tunnel from the VRE/Amtrak station directly to the Metrorail station. This project would improve ADA access, eliminate the at-grade track crossing, and upgrade the eastern VRE/Amtrak platform. Railroad capacity and operational flexibility would also be improved by allowing passenger trains to use the eastern tracks. VRE, Amtrak, WMATA, and the City of Alexandria all supported the project and VRE subsequently sought and received project funding from the Virginia Department of Transportation (VDOT) for design and construction of the project. Funding was approved via the Federal Highway Administration (FHWA) Rail Crossing and Rail Safety program, which is administered through VDOT. VRE also sought and received funding through NVTA. On May of 2012, the Operations Board approved the issuance of a task order that would complete a feasibility study and make recommendations regarding final design. The feasibility study was completed in January 2013. Since this time, VRE requested proposals from the GEC VI Contractors for final design and construction management. VRE received two proposals and the evaluation team determined Gannett Fleming provided the best overall approach to the design and construction management process. The proposals were submitted to VDOT for their evaluation and approval. VRE is now ready to award a Task Order for the design and construction management work to support issuing a solicitation for project construction which is the next major milestone. Project Budget: The current VRE project budget is estimated at $11,099,860. As the design efforts progress, specifically the tunneling method and coordination of all construction activity required, VRE will refine the estimated costs. Fiscal Impact: Funds for the project are included in VRE’s Capital Improvement Program. Grant funds are provided by VDOT through the Federal Highway Administration (FHWA) Rail Crossing and Rail Safety program. Funding is also provided by NVTA. No local match is required. As such, $8,721,865 is being provided by VDOT and $1,300,000 is being provided by NVTA for a total of $10,021,865. Additional funds will be secured, if required, prior to commencement of project construction. No VRE funds are being allocated for this project at this time. 2 Virginia Railway Express Operations Board Resolution 8F-12-2013 Authorization to Award a GEC VI Task Order for Design and Construction Management Services for the Alexandria King Street Pedestrian Tunnel Project WHEREAS, VRE sought and received funding from the Virginia Department of Transportation and Northern Virginia Transportation Authority for design and construction of the King Street Station pedestrian tunnel project; and, WHEREAS, the project will improve ADA access, eliminate the at-grade track crossing, upgrade the eastern VRE/Amtrak platform, and improve capacity and operational flexibility; and, WHEREAS, on May 18, 2012, the Operations Board approved the issuance of a task order for a feasibility study and the study was completed in January of 2013; and, WHEREAS, authorization is now being sought to award a Task Order for final design of the pedestrian tunnel. NOW, THEREFORE, BE IT RESOLVED THAT, The VRE Operations Board is being asked to authorize the Chief Executive Officer to award a GEC VI Task Order to Gannett Fleming for Design and Construction Management Services for the Alexandria King Street Tunnel Project in an amount of $1,728,151, plus a 5% contingency of $86,408, for a total amount not to exceed $1,814,559. Approved this 20th day of December 2013 ______________________________ Paul Smedberg Chairman ____________________________ John Cook Secretary 3 Agenda Item 8-G Action Item To: Chairman Smedberg and the VRE Operations Board From: Doug Allen Date: December 20, 2013 Re: Authorization to Award a GEC VI Task Order to Provide Evaluations of VRE Facilities in Support of VRE’s Transit Asset Management Program Recommendation: The VRE Operations Board is being asked to authorize the Chief Executive Officer to award a GEC VI Task Order to STV/RWA for evaluations of VRE facilities in support of VRE’s Transit Asset Management (TAM) Program in the amount of $174,253, plus a 5% contingency of $8,713, for a total amount not to exceed $182,966. Background: VRE operates from eighteen (18) station facilities and two (2) maintenance and storage facilities. As these facilities age, it is imperative that a robust maintenance and rehabilitation strategy be evaluated and implemented to ensure these assets remain in a State of Good Repair (SGR). Not only is this in VRE’s best interest, it is a requirement for any agency that wishes to receive Federal Transit Administration (FTA) funding under the Moving Ahead for Progress in the 21st Century (MAP-21) legislation that became effective in October 2012. MAP-21 requires that agencies receiving federal funding submit an annual Transit Asset Management (TAM) Plan. Per Title 23 of the United States Code (U.S.C.), Asset Management is defined as: “…a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost.” Since 2012, VRE has focused on the evaluation and enhancement of the locomotive and passenger rail car fleet segment of the VRE Transit Asset Management (TAM) program. As such, VRE has implemented an evaluation methodology consistent with the requirements the Transit Economic Requirements Model (TERM) established by the FTA. The requirements of TERM are to ensure VRE deploys a system that evaluates transit assets physical conditions and how the assets conditions affect performance. From this, VRE determines how to improve the assets performance and management practices through maintenance and rehabilitation programs and properly plan for funding needs of these programs. VRE received two responses from GEC VI firms. Both proposals were below the estimate for this work. The proposal received from the recommended firm clearly conveyed their understanding of the scope of work and could accommodate a timely turnaround of the evaluations. This Task Order will allow VRE to have an independent evaluation and analysis of the station and maintenance and storage facilities to use as the baseline evaluation of these assets going forward and provide recommendations for maintenance cycles and rehabilitation projects. Evaluations will be conducted in accordance with the TERM guidelines set forth by the FTA and adopted by VRE. Fiscal Impact: Funding is provided for in the FY 2014 CIP for Facilities Infrastructure Renewal. The total budget for Facilities Infrastructure Renewal is $500,000 ($400K in 5337 funds, $55K in state funds and $45K in local funds). 2 Virginia Railway Express Operations Board Resolution 8G-12-2013 Authorization to Award a GEC VI Task Order to Provide Evaluations of VRE Facilities in Support of VRE’s Transit Asset Management Program WHEREAS, VRE operates from eighteen station facilities and two maintenance and storage facilities; and, WHEREAS, MAP-21 requires agencies receiving federal funding submit an annual Transit Asset Management (TAM) Plan; and, WHEREAS, VRE has focused on the evaluation and enhancement of the locomotive and passenger rail car fleet segment of the VRE Transit Asset Management program; and, WHEREAS, this Task Order will allow VRE to have an independent evaluation and analysis of the station and maintenance and storage facilities as required by VRE’s Transit Asset Management program. NOW, THEREFORE, BE IT RESOLVED THAT, The VRE Operations Board is being asked to authorize the Chief Executive Officer to award a GEC VI Task Order to STV/RWA for evaluations of VRE facilities in support of VRE’s Transit Asset Management (TAM) Program in the amount of $174,253, plus a 5% contingency of $8,713, for a total amount not to exceed $182,966. Approved this 20th day of December 2013 ______________________________ Paul Smedberg Chairman ____________________________ John Cook Secretary 3 Agenda Item 8-H Action Item To: Chairman Smedberg and the VRE Operations Board From: Doug Allen Date: December 20, 2013 Re: Authorization to Issue an Invitation for Bids (IFB) for the Purchase of Locomotive Fuel Injector Assemblies Recommendation: The VRE Operations Board is being asked to authorize the Chief Executive Officer to issue an Invitation for Bids (IFB) for the purchase of locomotive electronic fuel injector assemblies. Background: In 2011, VRE received twenty (20) new MP36PH-3C diesel engine locomotives that comply with locomotive emissions regulations as established by the Environmental Protection Agency (EPA). In order to maintain compliance, VRE must replace the electronic fuel injectors during the three (3) year maintenance cycle. Each locomotive will require replacement of sixteen (16) electronic fuel injector assemblies. The IFB will be developed for the purchase of qualified electronic unit injector (EUI) assemblies to obtain a fixed-firm unit price contract. VRE staff will return to the Operations Board with a recommendation to award a contract. Fiscal Impact: Funding is provided for in the current FY 2014 budget for locomotive maintenance. Funding for future fiscal years will be included in the proposed annual budget. Virginia Railway Express Operations Board Resolution 8H-12-2013 Authorization to Issue an Invitation for Bids (IFB) for the Purchase of Locomotive Fuel Injector Assemblies WHEREAS, VRE received twenty new locomotives in 2011; and, WHEREAS, the new locomotives were delivered in compliance with the Environmental Protection Agency (EPA) regulations for emissions reductions for locomotives; and, WHEREAS, VRE must replace the electronic fuel injectors during the 3 year maintenance cycles to maintain the locomotive engines in compliance with EPA regulations; and, WHEREAS, the electronic fuel injectors will be purchased from a qualified source. NOW, THEREFORE, BE IT RESOLVED THAT, The VRE Operations Board is being asked to authorize the Chief Executive Officer to issue an Invitation for Bids (IFB) for the purchase of locomotive electronic fuel injector assemblies. Approved this 20th day of December 2013 ______________________________ Paul Smedberg Chairman ____________________________ John Cook Secretary 2 Agenda Item 8-I Action Item To: Chairman Smedberg and the VRE Operations Board From: Doug Allen Date: December 20, 2013 Re: Discussion of the Legislative Agenda and Possible Action Background: At the November 15, 2013 VRE Operations Board Meeting the Board approved the 2014 Legislative Agenda; however, the Board also indicated that further discussion was warranted with regard to the upcoming changes to the weighted voting formula and whether pursuit of changes to the legislation should be included in an amended 2014 Legislative Agenda. A resolution is provided in case the Operations Board opts to take action. The possible amendment could read as follows: Governance Seek changes to the weighted voting legislation adopted in the 2013 General Assembly session. Fiscal Impact: There is no direct funding impact associated with adopting this agenda item. Virginia Railway Express 2014 Legislative Agenda Adopted November 15, 2013 Federal Monitor Issues Related to Positive Train Control Under the US Rail Safety Improvement Act of 2008, Congress mandated that the Federal Railroad Administration fully implement Positive Train Control (PTC) by 2015. VRE continues to work with the host railroads to ensure that our PTC implementation is coordinated with their systems and in compliance with the federally mandated deadline. VRE will monitor and respond appropriately to PTC issues as we continue to implement the mandated system. Monitor and Pursue Funding Opportunities for Corridor Improvements VRE will continue to partner and support the efforts of the Commonwealth and host railroads to facilitate funding to improve railroad capacity on both lines and at Washington Union Terminal. VRE will also continue to work with the private sector and Congress on potential public-private partnerships that could bring improvements to the Virginia Railway Express system and host railroads. Advocate for Commuter Benefits Equity VRE will continue to advocate for legislation to make commuter benefits equal to parking benefits in the Internal Revenue Code. State Seek Funding for Track Access Fees VRE operates on the host railroads’ infrastructure. The host railroads are paid fees according to long standing agreements that are periodically updated. VRE provides significant capacity within the most congested highway corridors in Virginia (I-66, I- 2 95 and I-395) and is an important partner with the Commonwealth in helping mitigate congestion in these critical highway corridors. From its inception, the Commonwealth has provided funds for these track access fees in the state budget using federal pass through funds. VRE will seek the continuation of funding from the Commonwealth for track access. If VRE is unable to receive this funding there will be significant budget ramifications. Monitor for Legislative Opportunities VRE will monitor legislation for opportunities to advance the following issues: Amend the Virginia Code to allow VRE to receive interest on the Insurance Trust Fund. While past practice allowed VRE to receive interest from these funds, the 2011 Acts of Assembly reversed this policy. The proceeds are now retained by the Commonwealth despite the fact that the Insurance Trust Fund was primarily established by and is replenished with local funds. Amend the Virginia Code to allow VRE to recoup a portion of the fines imposed on fare evasion cases. Currently, when a conductor is required to attend court, VRE must pay for their appearance in court as well as for another conductor to be on the train. Cumulatively, this puts the financial burden for prosecution on VRE while all fines are directed to the Commonwealth Literary Fund. Amend the Virginia Code to allow the Courts to increase fines for repeat offenders travelling on VRE trains without a valid ticket. Amend the Virginia Code to cap liability for commuter rail operations. The existing cap enacted in a prior session excludes third party claims. VRE will also seek exemption for both freight railroads and VRE from liability for terrorism. Amend Chapter 774 of the Virginia Code that increases the aggregate awardable liability claim a rail passenger can make per incident (as requested by the Virginia Trial Lawyers Association in 2006). Under the current Code, the threshold (now $100,000) will be amended upward each year based on the percentage change in the medical care component of the Consumer Price Index (as published by the Bureau of Labor Statistics). The first increase took place in January 2012. This policy could increase the existing $250 million liability insurance threshold imposed by the Class 1 freight railroads. VRE would advocate for the elimination of the annual index increase. 3 Virginia Railway Express Operations Board Resolution 8I-12-2013 Amendment to Approved 2014 Legislative Agenda WHEREAS, the VRE Operations Board passed a resolution opposing SB 1210 and HB 2152 in the Virginia General Assembly in at the January 18, 2013 Operations Board meeting; and WHEREAS, HB 2152 was passed by the Virginia General Assembly in February 2013 and was approved by Governor Robert McDonnell in March 2013 to take effect on July 1, 2014; and WHEREAS, the legislation provides that for each year in which the state contribution to the railway is greater than or equal to the highest contribution from an individual jurisdiction, the jurisdictional subsidy used to determine vote weight shall be recalculated to include the Commonwealth contributing an amount equal to the highest contributing jurisdiction and the vote weight shall be recalculated to provide the Chairman of the CTB or his designee the same weight as the highest contributing jurisdiction, and WHEREAS, the VRE Operations Board opposed the legislation last year because there is no commitment from the Commonwealth to pay an annual subsidy, and WHEREAS, the VRE Operations Board approved a 2014 VRE Legislative Agenda on November 15, 2013 that did not include an item seeking changes to the weighted voting legislation adopted in the 2013 Virginia General Assembly session, and WHEREAS, the VRE Operations Board, upon further discussion, seeks to amend the 2014 Legislative Agenda to include an item seeking changes to the weighted voting legislation. 4 NOW, THEREFORE, BE IT RESOLVED THAT, the VRE Operations Board recommends that the Commissions approve an amendment to the 2014 VRE Legislative Agenda seeking changes to the weighted voting legislation and authorize the Chief Executive Officer to actively pursue those changes. Approved this 20th day of December 2013. ______________________________ Paul Smedberg Chairman _____________________________ John Cook Secretary 5