City of Fairfax, Virginia City Council Regular Meeting

Transcription

1 City of Fairfax, Virginia City Council Regular Meeting Agenda Item # City Council Meeting 7c 9/26/2017 TO: Honorable Mayor and Members of City Council FROM: Robert Sisson, City Manager SUBJECT: Consideration of a resolution authorizing the city manager to sign the Memorandum of Agreement with VDOT for Incident Management and Traffic Operations Support for Transform 66 ISSUE(S): Whether to approve a resolution authorizing the City Manager to sign the Memorandum of Agreement with VDOT for Incident Management and Traffic Operations Support for Transform 66 SUMMARY: As part of the I-66 Outside the Beltway Project ( Transform 66 ), the Virginia Department of Transportation has developed a Transportation Management Plan (TMP) to help mitigate some of the traffic impacts that will arise from the construction. As part of the TMP, VDOT has agreed to compensate impacted jurisdictions such as the City of Fairfax for additional expenditures related to incident management activities. These activities will involve both police and traffic engineering personnel for supplemental traffic enforcement and traffic management. The City will be eligible to request reimbursement from VDOT for up to $830,000 over the period of the project for any costs incurred due to the Transform 66 construction. FISCAL IMPACT: The aggregate not-to-exceed amount under this Agreement is $830,000. In addition, each fiscal year during the Period of Construction will have its own notto-exceed amount applicable only to that fiscal year, which will be stated in Exhibit B. Exhibit B will be updated by the Parties each fiscal year during the Period of Construction to reflect the not-to-exceed amount applicable to the upcoming fiscal year. RECOMMENDATION: Approve the Resolution ALTERNATIVE COURSE OF ACTION: Do not approve the Resolution RESPONSIBLE STAFF/ POC: Wendy Block Sanford, Transportation Director and Carl Pardiny, Police Chief COORDINATION: City Attorney, Public Works, Finance ATTACHMENTS: Draft MOU, Proposed Resolution, Sample Motion

2 MEMORANDUM OF AGREEMENT AMONG THE VIRGINIA STATE POLICE, THE CITY OF FAIRFAX AND THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR INCIDENT MANAGEMENT AND TRAFFIC OPERATIONS SUPPORT FOR TRANSFORM 66 TMP THIS AGREEMENT, (the Agreement ) is dated, 2017, and is among the Virginia Department of Transportation ( VDOT ), the Virginia Department of State Police ( VSP ), and the City of Fairfax (the CITY ), a municipal corporation and political subdivision of the Commonwealth (collectively the Parties ). RECITALS WHEREAS, VDOT is undertaking significant construction projects collectively referred to as Transform 66 to improve and expand Interstate 66; and WHEREAS, VDOT has developed a unified Transportation Management Plan (the TMP ) in accordance with requirements of the Federal Highway Administration ( FHWA ) to mitigate traffics impacts arising from Transform 66 construction; and WHEREAS, FHWA approved the TMP on August 2, 2016; and WHEREAS, it is anticipated the period of construction (the Period of Construction ) impacting traffic will begin about January 2018 and end by July 2022; and WHEREAS, in the Interstate 66 corridor, the Transform 66 construction would likely impact the arterials in close proximity to Interstate 66 and local neighborhood streets feeding these arterials; and WHEREAS, TMP Strategies include local traffic operational improvements such as enhanced monitoring and enforcement, temporary traffic calming measures, spot roadway improvements, and traffic signal modifications; and WHEREAS, VDOT has agreed with VSP to provide additional support and resources during the Period of Construction; and WHEREAS, the CITY has authority under Va. Code to enter into agreements for cooperation in the furnishing of police services with the VSP. Page 1 of 11

3 AGREEMENT NOW, THEREFORE, subject to the Terms and Conditions and Scope of Work in Exhibit A, the Parties agree that: 1. During the Period of Construction the CITY, through its police department ( FCPD ), will provide traffic management services to facilitate incident management activities and abate traffic impacts in the CITY arising from Transform 66 construction. 2. VDOT will reimburse the CITY for these and other traffic management services in accordance with Exhibit A. Total reimbursements to the CITY under this Agreement shall not exceed $830, To request reimbursement from VDOT, the CITY shall submit to VDOT s Project Manager monthly progress reports, each of which must include an invoice for costs incurred in the form attached hereto as Exhibit B. VDOT will pay the CITY within thirty (30) days of each properly submitted invoice. VDOT, in its sole discretion, will determine whether activities invoiced by the CITY are properly reimbursable under this Agreement. 4. The aggregate not-to-exceed amount under this Agreement is $830,000. In addition, each fiscal year during the Period of Construction will have its own not-to-exceed amount applicable only to that fiscal year, which will be stated in Exhibit B. Exhibit B will be updated by the Parties each fiscal year during the Period of Construction to reflect the not-to-exceed amount applicable to the upcoming fiscal year. 5. The CITY shall provide any available data requested by VDOT or its General Engineering Consultant to evaluate Incident Management and Traffic Operations Strategies, within and adjacent to any construction zones in the CITY, which construction zones arise from the Transform 66 construction. 6. The CITY, VSP, and VDOT expressly acknowledge that entering into this Agreement is not a commitment, either stated or implied, to continue the Agreement beyond the Period of Construction. 7. Either the CITY or VDOT may terminate this Agreement at any time by providing written notice to the other of intent to terminate. Termination will be effective thirty days after receipt of such notice and the Parties will have no further obligations hereunder. 8. The TMP is incorporated fully into this Agreement by reference as though fully set forth herein. Capitalized terms not defined herein shall have the meanings set forth in the TMP. [SIGNATURE PAGES TO FOLLOW] Page 2 of 11

4 VIRGINIA DEPARTMENT OF TRANSPORTATION, an agency of the Commonwealth of Virginia By: Charles A. Kilpatrick, P.E. Commissioner of Highways Date: [MEMORANDUM OF AGREEMENT AMONG THE VIRGINIA STATE POLICE, THE CITY OF FAIRFAX, AND THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR INCIDENT MANAGEMENT AND TRAFFIC OPERATIONS SUPPORT FOR TRANSFORM 66 TMP SIGNATURE PAGE] Page 3 of 11

5 VIRGINIA DEPARTMENT OF STATE POLICE, an agency of the Commonwealth of Virginia By: W. Steven Flaherty Superintendent Date: [MEMORANDUM OF AGREEMENT AMONG THE VIRGINIA STATE POLICE, THE CITY OF FAIRFAX, AND THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR INCIDENT MANAGEMENT AND TRAFFIC OPERATIONS SUPPORT FOR TRANSFORM 66 TMP SIGNATURE PAGE] Page 4 of 11

6 CITY OF FAIRFAX By: Name: Title: Date: [MEMORANDUM OF AGREEMENT AMONG THE VIRGINIA STATE POLICE, THE CITY OF FAIRFAX, AND THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR INCIDENT MANAGEMENT AND TRAFFIC OPERATIONS SUPPORT FOR TRANSFORM 66 TMP SIGNATURE PAGE] Page 5 of 11

7 EXHIBIT A City of Fairfax Supplemental Incident Management and Traffic Operations Support Terms and Conditions: Scope of Work FY17-18 (July 1, 2017 June 30, 2018) VDOT will establish working groups, including VSP personnel, to monitor the CITY s performance under this Agreement. VDOT must agree in writing in advance to any activities undertaken by the CITY to implement TMP Strategies for those activities to be eligible for reimbursement. All such activities shall include specific performance measures (which will be agreed by the Parties periodically as part of the working groups, and which may be modified by agreement of the Parties as part of the working groups) that will allow the Parties to track and monitor the effectiveness of the actions. VDOT will request, and VSP will provide, VSP s input regarding the suitability of any such performance measures for CITY activities. The CITY must verify impact mitigation using the traffic monitoring program utilized within the TMP. This will allow VDOT to assess whether the impacts are related to Transform 66 and are appropriate for reimbursement under this Agreement. VDOT will continue to assess the effectiveness of approved activities undertaken to implement TMP Strategies even after they are implemented. VDOT reserves the right to discontinue or modify any such activities in light of the assessments. The CITY will provide VDOT with information regarding the current staffing for patrols and other police and traffic management services provided in areas impacted by Transform 66 construction. Reimbursement will be made only for activities that are in addition to or in excess of those activities normally undertaken by the CITY. A schedule of reimbursable hourly rates for CITY personnel is attached hereto as Exhibit C and incorporated herein by reference. Reimbursable hourly rates for personnel are firm for fiscal year and may be adjusted once each subsequent fiscal year by written amendment to Exhibit C, agreed by the CITY and VDOT. Page 6 of 11

8 SCOPE: Task 1 Scope: Supplemental Enforcement & Traffic Management: The CITY will provide staffing to support VDOT-approved coverage or enforcement, including increased ability to respond to speeding and other moving violations on local neighborhood roads resulting from the Transform 66 construction spillover effects, as well as the ability to respond to accidents or other traffic incidents, all with the goal of reducing the risk that minor disruptions to traffic will become major problems due to the increased local traffic volume caused by the Transform 66 construction. The number of CFPD officers and CITY staff required and the hours of coverage will vary depending on the phase of construction. The VDOT Project Manager or designee, and the [CITY s representative or designee] shall meet as needed to assess the projected impacts of the various phases of Transform 66 construction and agree on the coverage in advance to meet the project needs and provide CITY adequate time to mobilize staff and coordinate its activities. The CITY will work continuously with VDOT Northern Virginia District Office staff and consultants to implement and monitor the supplemental TMP coverage that is the subject of this Agreement. This includes regular project update meetings, including participation in the VDOT working groups, and reporting of performance measures. All CITY activities shall be subject to ongoing review and monitoring by both VDOT and the VSP through the working groups to determine the continuing efficacy and appropriateness of the activities. The CITY will promote the Commonwealth of Virginia's "Move-It Program" which states that in the event of a non-injury accident it is not necessary to wait for law enforcement before moving the vehicles involved. If the vehicles can be driven, the drivers shall move their vehicles to a safe location (e.g., the shoulder). In accordance with Exhibit B, the CITY will monitor, report, and invoice on a monthly basis the following costs and tracking information, as well as any additional specific metrics agreed to by the Parties in the future for an activity: Monthly cost for patrols and administration Number of shifts covered Total hours worked and hourly rates Number of VDOT requests supported Total incident assists Total Budget for FY17-18 Not to exceed $35,640 Page 7 of 11

9 Task 2 Supplemental Traffic Operations Management Staffing: VDOT shall provide supplemental funding to the CITY for the provision of traffic operations activities, including intersection operations, assignment of staff to monitor speeds and travel through residential neighborhoods, and monitoring or reprogramming traffic signal activity in highly impacted areas of the local roadway network. The number of CITY employees and hours of coverage may vary depending on the phase of construction. The VDOT 1-66 Outside the Beltway Project Manager, the VDOT NRO director and the CITY Manager or designee shall agree on the coverage in advance to meet the project needs and provide CITY adequate time to mobilize staff and coordinate its activities. The CITY and TMP will agree on specific metrics to measure and assess the effectiveness of the activities undertaken and to measure the actual reimbursable expenses incurred by the CITY above its usual costs. CITY will work continuously with VDOT Northern Region Operations staff and I-66 project consultants on the implementation and monitoring of the supplemental TMP coverage. This includes regular project update meetings and reporting of performance measures. In accordance with Exhibit B, the CITY will monitor, report, and invoice on a monthly basis the following costs and tracking information, as well as any additional specific metrics agreed to by the Parties in the future for an activity: Monthly cost for supplemental traffic operations staff Total hours reimbursed and hourly rate Dates and times of shifts covered, including duties Number of VDOT requests supported Period of Performance July 1, 2017 June 30, 2018 Total Budget Not to exceed $125,000 Page 8 of 11

10 EXHIBIT B City of Fairfax: I-66 TMP Supplemental Congestion Management and Safety Enforcement INVOICE and Documentation Requirements FY17-18: Total funding: Not to exceed $35,640 CITY OF FAIRFAX PD Support - UPC TMP Agreement Task 1 Task 1 Description 1 Overtime reimbursement for supplemental police coverage and traffic management support. Maximum Cost $32,400 2 Administrative support & reporting $3,240 Contract Total $35,640 This Invoice (date) Approx. % Amount Complete Due Amount Paid Prior Invoices Tracking Information This Invoice ( Date ) Hours worked. Number of shifts Number of VDOT requests supported Total incident assists TOTAL Page 9 of 11

11 CITY OF FAIRFAX Supplemental traffic operations staffing -- UPC TMP Agreement Task 2 FY 2018: Total funding: Not to exceed $125,000 Task 2 Description 1 Maximum Cost Overtime reimbursement for traffic operations management $125,000 Contract Total $125,000 This Invoice (date) Approx. % Amount Complete Due Amount Paid Prior Invoices Performance Measures This Invoice ( Date ) Hours worked Number of shifts Hourly rate TOTAL Page 10 of 11

12 Exhibit C [add table of hourly rates when available] Page 11 of 11

13 RESOLUTION NO. Resolution Authorizing the City Manager to Sign the Memorandum of Agreement with VDOT for Incident Management and Traffic Operations Support for Transform 66 WHEREAS, VDOT is undertaking significant construction projects collectively referred to as Transform 66 to improve and expand Interstate 66; and WHEREAS, VDOT has developed a unified Transportation Management Plan (the TMP ) in accordance with requirements of the Federal Highway Administration ( FHWA ) to mitigate traffics impacts arising from Transform 66 construction; and WHEREAS, FHWA approved the TMP on August 2, 2016; and WHEREAS, it is anticipated the period of construction (the Period of Construction ) impacting traffic will begin about January 2018 and end by July 2022; and WHEREAS, in the Interstate 66 corridor, the Transform 66 construction would likely impact the arterials in close proximity to Interstate 66 and local neighborhood streets feeding these arterials; and WHEREAS, TMP Strategies include local traffic operational improvements such as enhanced monitoring and enforcement, temporary traffic calming measures, spot roadway improvements, and traffic signal modifications; and WHEREAS, VDOT has agreed with VSP to provide additional support and resources during the Period of Construction; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax, Virginia that the City Manager is hereby authorized to sign the Memorandum of Agreement with VDOT for Incident Management and Traffic Operations Support for Transform 66 Introduced: Adopted: ATTEST: Mayor Vote: City Clerk Councilman DeMarco Councilman Greenfield Councilmember Miller Councilmember Passey Councilmember Schmidt Councilman Stehle

14 SAMPLE MOTION I MOVE TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE FOLLOWING MEMORANDUM OF AGREEMENT AMONG THE VIRGINIA STATE POLICE, THE CITY OF FAIRFAX AND THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR INCIDENT MANAGEMENT AND TRAFFIC OPERATIONS SUPPORT FOR TRANSFORM 66 TMP PROVIDED THAT THE AGREEMENT AND ANY AMENDMENTS ARE ACCEPTABLE TO THE CITY MANAGER AND APPROVED AS TO FORM BY THE CITY ATTORNEY.