HomeMy WebLinkAbout790374.tiff RESOLUTION
RE: ACCEPTANCE OF REVISED AGREEMENT WITH U. S. DEPARTMENT OF
TRANSPORTATION AND AUTHORIZING CHAIRMAN TO SIGN LETTER OF
NOTIFICATION.
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, on the 10th day of May, 1976 a Resolution was
passed regarding an agreement between Weld County, Colorado and
the U. S. Department of Transportation for extraordinary main-
tenance on defense roads serving Minuteman Missile Sites in Weld
County, and
WHEREAS, said agreement should now be revised to update
sections 5 (c) and 6 and to provide a new section 3 and also to
update the list of Weld County personnel authorized to receive
requests from the government, and
WHEREAS, said revisions and updated list shall read as
follows :
Section 5 (c)
"An hourly rental cost of equipment used in
the work based on rates not to exceed those
established in the latest edition of the
'Construction Equipment Rental Rate Schedule'
published by the State Department of Highways,
Division of Highways, State of Colorado. Rental
of public-owned equipment is not to include
taxes, licensing and interest percentages
included in the single shift rates in this
schedule. Second shift rental rates eliminates
these items and shall be used for publicly-
owned equipment. "
Section 6
"Weld County shall submit a semiannual certi-
fied statement of the actual costs incurred
in performaing extraordinary maintenance and
snow removal operations on these defense access
roads. Documentation of actual costs shall be
recorded and maintained by Weld County and are
to be retained and made available for inspec-
tion and audit by FHWA for a period of three
years after our payment of your final billing
for each fiscal year. Documentation of equip-
ment used should include its rated size in
the same units as given in the Construction
Equipment Rental Rate Manual. No additional
reimbursement will be made for attachments to
the prime piece of equipment. "
<_'6; ,,
7 90,37
Section 3
"Provide sand truck escorts for transporter -
erector and payload transport vehicle move-
ments, when authorized by an authorized agent
representing the F.E. Warren Air Force Base,
for winter movement, when it has been estab-
lished that icy conditions prevail or have
been predicted to prevail at the time of the
scheduled movement. Use of sand truck escorts
will be limited to only those extraordinary
movements authorized by F.E. Warren Air
Force Base. "
Updated List of Weld County Personnel
NAME OFFICE HOME
Mr. Norman Carlson 356-4000 587-4205
Commissioner Ext. 200
Mr. Wayne Smyth 356-4000 353-2282
County Engineer Ext. 421
Mr. Jim King 356-4000 356-6254
Operation Division Manager Ext. 421
Mr. Dave Becker 356-4000 356-0177
Head, Maintenance Section Ext. 355
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the aforementioned re-
visisons to sections 5 (c) and 6 and a new section 3 in the agree-
ment with the U. S. Department of Transportation for extraordinary
maintenance on defense roads serving Minuteman Missile Sites in
Weld County and the updated list of Weld County Personnel author-
ized to receive requests from the government be, and hereby are,
approved.
BE IT FURTHER RESOLVED that the Chairman of the Board of
County Commissioners be, and hereby is, authorized to sign the
letter of notification.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 19th day of
November, A.D. , 1979.
{. 0 BOARD OF COUNTY COMMISSIONERS
y�
ATTEST: r E,11,t,c>_ ..n prl,'. /.4t1/2, D COUNTY COLORADO
fP
Weld County Clerk and Recorder (Aye)
• k to the Boa • Norman Carlson, Chairman
B ., > f - (Aye)
D:puty County"erk Lydi�S Dunbar rl� c� i ( Y )
A' • ''�VED AS TO FORM:
No27/ 1, 7/ (Aye)
c /'
C. W. Kirby
a�a D p
County Attorney v� • /oaf (Aye)
L and L. Roe
�Gli ��7/7,t4;Ye)
DATE PRESENTED: NOVEMBER 2,6, 1979 e K. S e nmark
AGREEMENT WITH WELD COUNTY, COLORADO
FOR EXTRAORDINARY MAINTENANCE AND SNOW REMOVAL ON
DEFENSE ACCESS ROADS SERVING MINUTEMAN
MISSILE SITES IN COLORADO
•
•
AGREEMENT FOR EXTRAORDINARY MAINTENANCE
AND SNOW REMOVAL ON DEFENSE ACCESS ROADS
SERVING THE WARREN AIR FORCE BASE MINUTE-
MAN MISSILE SITES IN COLORADO
LOCATIONS IN WELD COUNTY •
This AGREEMENT is made and entered into by and between Weld County,
State of Colorado, hereinafter referred to as Weld County, and the
United States Department of Transportation, Federal Highway Admin-
istration, hereinafter referred to as FHWA. Previous agreement
dated June 30, 1976, is hereby superseded.
RECITALS
WHEREAS, pursuant to the provisions of Section 210 of Title 23,
United States Code, and authority delegated by the Secretary of
Transportation, FHWA is authorized to provide for the maintenance
of Defense Access Roads;
WHEREAS, the Commander, Military Traffic Management and Terminal
Service, acting pursuant to authority delegated by the Secretary
of Defense, has certified that it is important to the National
Defense to provide for extraordinary maintenance and snow removal
under the conditions herein set forth on the Defense Access Roads
hereinafter described, and has requested that FHWA take appropriate
action to provide for such extraordinary snow removal and maintenance
out of funds transferred to FHWA by the Department of the Air Force;
WHEREAS, Weld County is willing to cooperate in the interest of
National Defense by performing the extraordinary maintenance and
• snow removal work herein specified under conditions that will result
in neither a profit nor a loss to that County;
NOW, THEREFORE, the parties hereby agree as follows:
1 . As used herein, unless the context indicates otherwise;
a. The term "Defense Access Roads" means those public highways
shown on the attached map that are located in Weld County.
These designated roads as shown on the attached map are
described as follows :
2
Access road numbers 1 through 10, 12 through 23, and
27 and 28, located between R56W to R6OW and T7N to
T12N at the Nebraska State line,
b. The terms and conditions describing this work are as follows:
(1 ) Extraordinary maintenance is that work performed by
Weld County when notified by an appropriate Air Force
official as listed in the appendix to this agreement, of
conditions that require attention in order that access
to the sites shall remain unimpeded. Weld County will
be expected to complete the requested work within a
matter of three (3) days from the time of notification
by the Air Force. It is anticipated that Weld County's
normal maintenance of these public roads, including
an annual blading, keeping culverts open, and so on,
should provide adequate access for the Air Force needs
except in unusual circumstances such as flooding or
excessive frost actions.
(2) Extraordinary snow removal means that Weld County, upon
notification of appropriate agents of the United States
Air Force, shall react within two (2) hours to commence
• the placing of snow removal equipment in a condition to
remove snow from these hereinbefore designated access
roads, and shall then endeavor to the best of its ability
to remove snow and snowdrifts as rapidly as possible
from those access roads to control centers and launch
sites designated by the Air Force. Within a period of
twenty-four (24) hours from the time of the notification,
denial of access to launch control centers and to inopera-
tive launching sites will become operationally unaccept-
able to the National Defense. The clearing of snow
and snowdrifts from access roads to other launch facilities
will then be undertaken on the priority given by Air Force
agents at the time the County was notified. It is agreed
that after any snowstorm Weld County will undertake normal
snowplowing operations on these access roads if no notifica-
tion is given by the Air Force that an extraordinary snow
removal effort is required.
(3) Provide sand truck escorts for transporter - erector and
payload transport vehicle movements, when authorized by
an authorized agent representing the F.E. Warren Air Force
. Base, for winter movement, when it has been established
. that icy conditions prevail or have been predicted to pre-
vail at the time of the scheduled movement. Use of sand
truck escorts will be limited to only those extraordinary
movements authorized by F.E. Warren Air Force Base.
3
(4) Weld County agrees to perform the extraordinary maintenance
and snow removal as herein described on the defense access
roads designated in this agreement, when notified by an
authorized agent representing Warren Air Force Base, Cheyenne,
Wyoming, as listed in the appendix to this agreement. Author-
ized personnel to be contacted in Weld County for the extra-
ordinary work are also listed in the appendix to this agree-
ment. These listings may be revised at any time by either
the Air Force or the County if written notice is sent to the
other party and to FHWA.
(5) Weld County will be reimbursed by FHWA with funds provided by
the United States Air Force for actual costs of operators,
labor, equipment, and materials incurred in the performance
of extraordinary maintenance and snow removal on the defense
access roads designated in this agreement, when performed in
accordance with the terms stated herein. "Actual costs" means
the costs incurred by the County for:
(a) The costs of operators and labor to include wages for both
straight time and overtime, and for fringe benefits nor-
mally paid, such as contributions to the retirement system,
insurance programs, and annual and sick leave benefits;
(b) The invoice costs of any materials incorporated into the
maintenance and snow removal task;
(c) An hourly rental cost of equipment used in the work based
on rates not to exceed those established in the latest
edition of the "Construction Equipment Rental Rate Sche-
dule" published by the State Department of Highways, Divi-
sion of Highways State of Colorado. Rental of public-
owned equipment is not to include taxes, licensing and
interest percentages included in the single shift rates
in this schedule. Second shift rental rates eliminates
these items and shall be used for oublicly-owned equip-
ment.
(6) Weld County shall submit a semiannual certified statement of
the actual costs incurred in performing extraordinary mainte-
nance and snow removal operations on these defense access
roads. Documentation of actual costs shall be recorded and
maintained by Weld County and are to be retained and made
available for inspection and audit by FHWA for a period of
three years after our payment of your final billing for each
fiscal year. Documentation of equipment used should include
4
its rated size in the same units as given in the Construction
Equipment Rental Rate Manual . No additional reimbursement
will be made for attachments to the prime piece of equipment.
(7) This agreement shall be subject to renegotiation or termina-
tion annually at the end of each fiscal year (September 30) ,
upon the request of any of the parties hereto. The agree-
ment shall immediately terminate upon notification to all
parties concerned that Federal funds are no longer available.
This agreement shall expire on September 30, 1981 , without
the request of either party. An extension of the maintenance
activities beyond that time will require a new executed agree-
ment.
(8) It is further agreed that, with respect to any Federal acti-
vities and Federal property within the affected area, noth-
ing contained herein shall be construed as holding Weld
County liable for any personal damage or personal liability
injury to any person or thing while removing snow or snow-
drifts from the hereinbefore described defense access roads.
(9) It is further agreed that, except for any willful breach of
this agreement by Weld County, FHWA shall hold harmless Weld
• County from any and all claims by its agents, contractors,
or subcontractors, or any persons by FHWA, employed or under
agreement with said FHWA, by reason of any failure of Weld
County to fulfill this agreement.
IN WITNESS WHEREOF, the parties hereto have executed this agreement effec-
tive as of October 31 , 1979.
BOARD OF COUNTY COMMISSIONERS U.S. DEPARTMENT OF TRANSPORTATION
WELD COUNTY, COLORADO FEDERAL HIGHWAY ADMINISTRATION
Chairman
Divis on Administrator
16-14'1Ai
Member
•
_le, _ ti��f -- ATTEST:
•
Memb4^
Member C unty 1erk kirkz7Member G -
•
In accordance with the agreement for extraordinary maintenance and snow
removal the following is a list of personnel in Weld County authorized
to receive requests for extraordinary maintenance and snow removal for
access roads to Minuteman sites in Weld County:
NAME OFFICE HOME •
Mr. Norman Carlson 356-4000 587-4205
Commissioner Ext. 200
Mr. Wayne Smyth 356-4000 353-2282
County Engineer Ext. 421
Mr. Jim King 356-4000 356-6254
Operation Division Manager Ext. 421
Mr. Dave Becker 356-4000 356-0177
Head, Maintenance Section Ext. 355
Payment of Billings
Should be made to:
•
Weld County Treasurer P.O. Box 758, Greeley, Colorado 80632
NAME ADDRESS
U.S. ..dPARTMENT OF TRANSPORTATIc.is
FEDERAL HIGHWAY ADMINISTRATION
yfi REGION EIGHT
COLORADO DIVISION
`3 d P.O. BOX 25406
,o"' DENVER FEDERAL CENTER, BLDG. 25
DENVER, COLORADO 80225
October 31 , 1979
cMNE IN REPLY REFER TO:
M.6411 Si,`tS rrc HEB-CO
lest, --y OMAD
Mr. Norman Carlson, C %1
Chairman \,(( (7;1
9Weld County Commissioners
Weld County Centennial Center ✓"'
Greeley, Colorado 80631
Dear Mr. Carlson:
Enclosed for your approval are three copies of a revised agreement
for extraordinary maintenance and snow removal on defense roads
serving Minuteman Missile Sites in Weld County. When approved,
please return two signed copies of the agreement to this office.
The agreement has been revised to update sections 5(c) and (6)
and to provide a new section (3) regarding sand truck escorts.
The sand truck escort has been requested by the Air Force for
those extraordinary vehicle movements that must be made during
icy conditions.
Would you please update the enclosed list regarding those persons
authorized to receive requests for extraordinary maintenance and
snow removal for access roads to Minuteman Sites in Weld County.
The updated list will be attached to the agreement as an appen-
dix.
Please express our appreciation to your maintenance personnel for
their fine efforts in fulfilling Weld County obligations under
these agreements.
Sincerely yours,
_Isced.ce-cal
A. J. Siccardi
Division Administrator
Enclosures
1 d
4
OFI:ICE OF BOARD OF COUNTY COMMISSIONERSvraN
t
•
WI D PHONE 1303) 356.4000 EXT. 200
� P.O. BOX 758 GREELEY. COLORADO 80631
COLORADO
U.S. Department of Transportation
Colorado Division
P.O. Box 25406
Denver Federal Center, Building 25
Denver, Colorado 80225
Attention: A.J. Siccardi
Dear Mr. Siccardi :
Reference is made to your letter of October 31 , 1979 containing the
revisions to the agreement for extraordinary maintenance on defense
roads. /
Two copies of the signed agreement and updated list of persons authorized
to receive requests from the Government are enclosed.
Your contact in this organization is Wayne Smyth, County Engineer, telephone
number (303) 356-4000, extension 421.
Since
Norman Carlson'y •
Chairman
Weld County Board of Commissioners
NC:sad
•
Enclosures
CC: County Engineer
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