ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of September 20, 2014

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1 ARLIGTO COUTY, VIRGIIA County Board Agenda Item Meeting of eptember 20, 2014 DATE: eptember 8, 2014 UBJECT: Memorandum of Agreement between the County Board of Arlington County, Virginia, and the Army ational Guard for Construction, Maintenance and Operation of a HAWK Traffic ignal at Property Located at 111 outh George Mason Drive in Arlington County, Virginia (RPC# ). C. M. RECOMMEDATIO: 1. Approve the Memorandum of Agreement, attached hereto as Exhibit 1, from the Army ational Guard to the County Board of Arlington County, Virginia, for the construction, maintenance and operation of a HAWK traffic signal on portions of the property located at 111 outh George Mason Drive in Arlington County, Virginia; and 2. Authorize the County Manager, or her designee, to accept, on behalf of the County Board, the attached Memorandum of Agreement, subject to approval as to form of the Memorandum of Agreement by the County Attorney. 3. Appropriate the funds from Army ational Guard ( ) to the Department of Environmental ervices traffic signal program ( ). IUE: This is a request for the County Board to approve, and authorize acceptance on behalf of the Board, of the attached Memorandum of Agreement, which commits the Army ational Guard to provide $240,000 for the construction of a HAWK signal at its main entrance onto outh George Mason Drive. There are no issues related to this Agenda Item. UMMARY: This is a request for the County Board s approval of, and acceptance of, a Memorandum of Agreement for the construction, and installation, and funding of a HAWK signal on federally owned property at 111 outh George Mason Drive in Arlington County, Virginia. BACKGROUD: The attached Memorandum of Agreement specifies the obligations and responsibilities of the Army ational Guard and the County Board for the funding, construction, County Manager: ##### County Attorney: ***** 49. taff: Troy C. Harris, DE, Real Estate pecialist

2 and installation of a High-intensity Activated cross Walk signal HAWK signal for pedestrian access to the main entrance at 111 outh George Mason Drive (also known as The ational Guard Readiness Center, Arlington Hall tation). This signal would be constructed on federally owned property, within a County easement, and would provide for safe pedestrian crossings of George Mason Drive at the entrance of the Arlington Hall facility. Under the terms of the Memorandum of Agreement, the Army ational Guard would provide $240,000 for the construction and installation of the HAWK signal. DICUIO: In accordance with the attached Memorandum of Agreement, the Army ational Guard will pay $240,000 to Arlington County for the construction and installation of a HAWK signal. The construction will begin upon receipt of the $240,000 from the Army ational Guard, and the County s acceptance of a 50 year easement from the United tates. The easement will be the subject of a future Board item. The HAWK signal construction was originally to be installed as part of the construction proposed for the Department of Environmental ervices project entitled. George Mason Drive Between Arlington Blvd. & Columbia Pike. However, negotiations with the Army ational Guard for installation of the HAWK signal extended beyond the period required for completion of the construction of that project. Therefore, authorization for installation of the HAWK signal is now being requested by the Army ational Guard through the County Board s approval of the attached Memorandum of Agreement, and the County Board s acceptance, in the future, of a 50- year easement for the HAWK signal, from the United tates. The Army ational Guard has advised County staff that, in order to avoid loss of funding, the Memorandum of Agreement is needed by eptember 30. FICAL IMPACT: The total HAWK signal project cost is $300,000. Under the terms of the Memorandum of Agreement, the Army ational Guard will pay $240,000 (80% of the total costs of construction) and the County will pay $60,000 (20% of the total). Funds for the County s portion of the construction costs are available from the Decal Fee Program (PAYG account: DC04)

3 ATIOAL GUARD BUREAU 111 OUTH GEORGE MAO DRIVE ARLIGTO VA Exhibit 1 MEMORADUM OF AGREEMET BETWEE THE ARMY ATIOAL GUARD (ARG) AD THE COUTY BOARD of ARLIGTO COUTY, VIRGIIA (ACV) FOR CORUCTIO, OPERATIO, AD MAITEACE OF HAWK TRAFFIC IGAL TO BE LOCATED AT OUTH GEORGE MAO DRIVE AD THE MAI ETRACE OF THE ATIOAL GUARD READIE CETER, ARLIGTO HALL ATIO This is a Memorandum of Agreement (MOA) between the ARG and the ACV. When referred to collectively, the ARG and the ACV are referred to as the Parties. 1. BACKGROUD: The staff assigned to Arlington Hall tation (AH) includes a large population who access the site on foot and bicycle. They are required to cross outh George Mason Drive and the front traffic control gate/main entrance to AH during on and off peak commuting periods during the business day. This produces extreme hazards for pedestrians, bicyclist and motor vehicle operators. 2. AUTHORITIE: The ARG enters into this agreement under Title 10 United tates Code (U) ection Acquisition... "ecretary of Defense may (a)(2) Contribute to any tate such amounts as he determines necessary to expand, or convert facilities owned by it or by the United tates for use by units of two or more reserve components of the armed forces or to acquire or construct facilities for such use;" and Title 10 UC Definitions defines a state as: "(1) The term "tate" means any of the tates of the United tates, the District of Columbia, the Commonwealth of Puerto Rico, and each territory and possession of the United tates and includes any political subdivisions and military units thereof and tax supported agencies therein." 3. PURPOE: This MOA establishes the roles and responsibilities for the ARG and ACV for the construction, operation, maintenance, financial obligation and site access of a HAWK pedestrian/traffic signal to control pedestrian and vehicular traffic on and across outh George Mason Drive in the vicinity of 111 outh George Mason Drive, Arlington, VA REPOIBILITIE OF THE PARTIE: 4.1. ARG will

4 Exhibit Facilitate the establishment of a temporary easement and construction agreement to allow ACV to access AH as required to construct components and infrastructure for a HAWK pedestrian/traffic control system Facilitate the establishment of a 50 year easement to allow the ACV and its contractors to access AH to construct components and infrastructure for a HAWK pedestrian/traffic control system Provide access to ACV and its contractors to perform maintenance of the HAWK pedestrian/traffic control system Provide funding to ACV in the amount of $240,000 for the sole purpose of constructing a complete and usable HAWK pedestrian/traffic control signal system which represents the ARG share (80%) of the cost of construction Authorize, sign and deliver a fully executed 50 year easement to ACV in a form acceptable to ACV ACV will ACV will provide all design and engineering services associated with contracting and construction of the HAWK pedestrian/traffic control system ACV will provide all required land and site surveys associated with construction, installation, operation, and maintenance of the HAWK pedestrian/traffic control system ACV will provide all required contract services, management, quality control/assurance and close out associated with construction and maintenance of the HAWK pedestrian/traffic control system ACV will pay for all costs associated with the operation, maintenance, repair, replacement and/or upgrade of any part, component or entire system of the HAWK pedestrian/traffic control system ACV will have no obligations under this MOA, until a 50 year easement is executed by both parties and recorded ARG and ACV will both chedule and conduct such meetings as necessary prior to the start of construction; during the work to install the HAWK pedestrian/traffic control system; and during normal operations and maintenance of the system to review and coordinate the schedule of work. The purpose of the meetings is to insure that impacts on the entrance and traffic into the ARG installation are kept to a minimum.

5 Exhibit 1 5. PEROEL: Each Party is responsible for all costs of its personnel, including pay and benefits, support, and travel. Each Party is responsible for supervision and management of its personnel. 6. GEERAL PROVIIO: 6.1. POIT OF COTACT: The following points of contact (POC) will be used by the Parties to communicate in the implementation of this MOA. Each Party may change its point of contact upon reasonable notice to the other Party For the ARG Mr. Michael Trexler Facility Management Officer michael.p.trexler2.civ@mail.mil LTC Donald McFadden Facility Management donald.l.mcfadden.mil@mail.mil For the ACV Mr. Larry Marcus Transportation Engineering and Operations Bureau Chief Imarcus@arlingtonva.us Mr. Amit idhaye Transportation Design Engineering ection upervisor asidhaye@arlingtonva.us 6.2. CORREPODECE: All notices, demands, and requests pursuant to this MOA which may be given, or are required to be given by either party to the other, shall be either hand delivered by Federal Express or sent by United tates certified mail, return receipt requested, with proper first class postage prepaid, properly and fully addressed as follows: 6.3. If to the ARG, to Mr. Michael Trexler Army ational Guard Facility Management Officer, Room W outh George Mason Drive Arlington, VA 22204

6 Exhibit If to the ACV, to Mr. Uri Arkin Real Estate Bureau Chief Arlington County, Department of Environmental ervices 2100 Clarendon Blvd. uite 800 Arlington, VA Ms. Barbara Donnellan Arlington County Manager Arlington County, County Manager s Office 2100 Clarendon Blvd. uite 300 Arlington, VA or as may from time to time otherwise be directed by the Parties. 7. REVIEW OF AGREEMET: This MOA will be reviewed annually on or around the anniversary of its effective date for financial impacts and triennially in its entirety. 8. MODIFICATIO OF AGREEMET: This MOA may only be modified by the written agreement of the Parties, duly signed by their authorized representatives. 9. DIPUTE: Any disputes relating to this MOA will, subject to any applicable law, Executive Order, Directive, or Instruction, be resolved by consultation between the Parties or in accordance with DoDI TERMIATIO OF AGREEMET: This MOA may be terminated by either Party by giving at least 180 days written notice to the other Party. The MOA may also be terminated at any time upon the mutual written consent of the Parties TRAFERABILITY: This Agreement is not transferable except with the written consent of the Parties ETIRE AGREEMET: It is expressly understood and agreed that this MOA embodies the entire agreement between the Parties regarding the MOA s subject matter EFFECTIVE DATE: This MOA takes effect beginning on the day after the last Party signs EXPIRATIO DATE: This Agreement expires on the earlier of: the date the 50 year easement is accepted by ACV, or 9 years after the date this MOA is signed by the last party to sign the MOA.

7 Exhibit FIACIAL DETAIL AVAILABILITY OF FUD: The obligation of funds by the Parties is subject to: 1) the availability of appropriated funds pursuant to the DoD Financial Management Regulation and 2) the availability of funds appropriated by ACV BILLIG: ACV has provided ARG with an estimate of 80% of construction costs, and invoiced ARG for ARG s 80% share of the total construction costs. ACV will provide an accounting of the actual total cost of construction once it becomes available PAYMET OF BILL: The ACV paying office will forward payments, along with a copy of billed invoices, to the ARG within 30 days of the date of invoice. Bills rendered will not be subject to audit in advance of payment FIACIAL PECIFIC: ee Attachment/Appendix for all other details and information on the reimbursable support identified in paragraph 4 of this MOA ECOOMY ACT DETERMIATIO AD FIDIG: If the MOA is being entered into under 31 U..C 1535, as amended (the Economy Act), both Parties agree that the requirements listed in paragraph (a) of the Economy Act have been met. AGREED: The Army ational Guard County Board of Arlington County Virginia By: Printed ame: Title: Date: By: Printed ame: Title: Date: APPROVED A TO FORM: COUTY ATTOREY

8 Exhibit 1 ATTACHMET/APPEDIX To MEMORADUM OF AGREEMET BETWEE THE ARMY ATIOAL GUARD (ARG) AD THE COUTY BOARD of ARLIGTO COUTY, VIRGIIA (ACV) FOR CORUCTIO, OPERATIO, AD MAITEACE OF HAWK TRAFFIC IGAL TO BE LOCATED AT OUTH GEORGE MAO DRIVE AD THE MAI ETRACE OF THE ATIOAL GUARD READIE CETER, ARLIGTO HALL ATIO 1. Reimbursable upport: ACV will Financial details for a reimbursable MOA 1.1 ACV will provide all design and engineering services associated with contracting and construction of the HAWK pedestrian/traffic control system. 1.2 ACV will provide all required land and site surveys associated with construction, installation, operation, and maintenance of the HAWK pedestrian/traffic control system. 1.3 ACV will provide all required contract services, management, quality control/assurance and close out associated with construction and maintenance of the HAWK pedestrian/traffic control system. 1.4 ACV will pay for all costs associated with the operation, maintenance, repair, replacement and/or upgrade of any part, component or entire system of the HAWK pedestrian/traffic control system. 2. Estimated amount of funds to be reimbursed: $240,000.00, Appropriation: FY Business Partner etwork (BP) umber (if required) upplier, Receiver _. 4. Financial Points of Contact

9 Exhibit ARG LTC Christina Mceil 111 outh George Mason Drive Arlington, VA christina.m.mcneil2.mil@mail.mil ACV Elizabeth Craig 2100 Clarendon Boulevard Arlington, VA ecraig@arlingtonva.us

10 Vicinity Map HAWK Traffic ignal 111 outh George Mason Drive RPC# TH RD HEDERO RD UPTO CT THOMA 2D RD PIEDMOT GLEBE RD OAKLAD JACKO 1 1 PL 2D ARLIGTO BLVD RD OLD GLEBE RD 1 PL 1 HAWK ignal Installation Area 5TH 6TH 2D 3RD PERHIG DR 4TH GEORGE MAO DR 7TH MOROE WAKEFIELD TAYLOR RADOLPH QUICY 9TH 8TH RD COLUMBIA PIKE 9TH RD Feet Pursuant to ection of the Code of Virginia, any determination of topography or contours, or any depiction of physical improvements, property lines or boundaries is for general information only and shall not be used for the design, modification, or construction of improvements to real property or for flood plain determination. Easements and Dedications are approximate. Aerial Photography 2013 Commonwealth of Virginia Map prepared by Arlington County GI Mapping Center Produced and eptember TH / 13TH

11 GEORGE MAO DR 2D RD TRETO Vicinity Map HAWK Traffic ignal 111 outh George Mason Drive RPC# THOMA ARLIGTO BLVD L CATHEDRAL GLEBE RD 1 RD OAKLAD 2D HAWK ignal Installation Area GEORGE 4TH TAYLOR MAO DR QUICY 7TH 6TH AFFORD Feet Pursuant to ection of the Code of Virginia, any determination of topography or contours, or any depiction of physical improvements, property lines or boundaries is for general information only and shall not be used for the design, modification, or construction of improvements to real property or for flood plain determination. Easements and Dedications are approximate. Aerial Photography 2013 Commonwealth of Virginia Map prepared by Arlington County GI Mapping Center Produced and eptember TH /

12 E TR GE EOR G H O M A L RD D 2 Vicinity Map HAWK Traffic ignal 111 outh George Mason Drive RPC# T BE LE G DR RD TO IG L R A HE T CA D BLV TO O MA AL R D RD 1 O D LA AK 2D T HAWK ignal Installation Area E RG EO G M A O T R T FO TAF 6TH DR 0 CY UI Q O AYL H 4T 7TH 350 Feet / RD Pursuant to ection of the Code of Virginia, any determination of topography or contours, or any depiction of physical improvements, property lines or boundaries is for general information only and shall not be used for the design, modification, or construction of improvements to real property or for flood plain determination. Easements and Dedications are approximate. Aerial Photography 2013 Commonwealth of Virginia Map prepared by Arlington County GI Mapping Center Produced and eptember 2014 H 8T