HomeMy WebLinkAbout20092804.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR EXTRAORDINARY MAINTENANCE AND
EXTRAORDINARY SNOW REMOVAL AND AUTHORIZE CHAIR TO SIGN
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, the Board has been presented with an Agreement for Extraordinary
Maintenance and Extraordinary Snow Removal among the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, on behalf of the Department of
Public Works, the United States Department of Transportation, Federal Highway Administration -
Colorado Division, and the United States Department of the Air Force, Warren Air Force Base,
Cheyenne, Wyoming, commencing January 1, 2009, and ending December 31, 2013, with further
terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of
which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for Extraordinary Maintenance and Extraordinary Snow
Removal among the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, the United States
Department of Transportation, Federal Highway Administration - Colorado Division, and the United
States Department of the Air Force, Warren Air Force Base, Cheyenne, Wyoming, be, and hereby
is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 26th day of October, A.D., 2009, nunc pro tunc January 1, 2009.
ATTEST: vv;14"w",fiyLl
Weld County Clerk to the
BY:
Deputy Clerk tQ the Board
J1 (Sean P. Conway
A� /
A$ f7f2 arl3�r 62 ( h .c/1/4
JJ
BOARD OF cOUNTY COMMISSIONERS
WELD Cq TY, COLORADO
Iliam F. Garcia, Chair
1 X' aou v
Dougl s Radem=cher, Pro-Tem
County'ttorney
Date of signature: ii
tiara Kirkmeyer
k C4
David E. Long
op.. etA)Cook-(G)
2009-2804
EG0060
4.
AGREEMENT FOR EXTRAORDINARY MAINTENANCE AND
EXTRAORDINARY SNOW REMOVAL
Maintenance & Operation Program
Transporter Erector Routes
Weld County, Colorado
September 1, 2009
This agreement is made and entered into by and between Weld County, Colorado (herein
referred to as the "County"); the United States Department of Transportation, Federal
Highway Administration — Colorado Division (FHWA); and the U.S. Department of the
Air Force, Warren Air Force Base, Cheyenne, Wyoming (USAF).
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 Military Traffic Management Command (MTMC) has certified that it is
important to the national defense to provide for extraordinary maintenance and
extraordinary 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 maintenance and extraordinary snow removal (EM/ESR)
out of funds transferred to FHWA by the U.S. Department of the Air Force (USAF);
Whereas, the County is willing to cooperate in the interest of national defense by
performing the extraordinary snow removal (ESR) and extraordinary maintenance (EM)
work herein specified, under conditions what will result in neither a loss nor a gain to the
County.
NOW THEREFORE, the parties hereby agree as follows:
1. GENERAL:
As used herein, unless the contract indicates otherwise:
A. "Defense Access Roads" (DAR) are County -owned roads located in Weld County,
Colorado that service missile sites.
B. "Extraordinary Snow Removal" (ESR) is snow removal over and above that
ordinarily performed by the County for the class of roads involved. ESR allows for snow
removal at facility driveway entrances and defense access roads leading up to the first
security gate of the facility. Snow removal on County roads is normally the
responsibility of local County agencies and under normal circumstances the USAF has
the flexibility to reschedule its activities allowing these agencies to provide snow removal
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service according to their regular schedules and priorities. In some instances, the USAF
may need a road open prior to the County's scheduled snow removal and in other
instances the County may not normally plow roads where sites are located if other means
of access is available to local inhabitants. Therefore, the ESR program was established.
The ESR program is essential to National Defense Readiness by providing site access
during equipment and personnel emergencies. The ESR program only applies to for
roads not in the State highway system. During extreme weather, the USAF personnel
will evaluate options available including rescheduling and using special vehicles prior to
requesting ESR.
C. "Extraordinary Maintenance" (EM) is repair work that is over and above the
normal maintenance required to accommodate County traffic when determined necessary
and requested by the USAF or FHWA on behalf of the USAF. EM will only be utilized
on:
(i) Primary Transporter / Erector routes when a Priority 11 or 22 exist; and
(ii) Only when an alternate route to the missile Site (MS) is unavailable.
An authorized agent of the USAF, or the FHWA on behalf of the USAF, will notify the
County to repair the identified DAR defects. As dictated by existing roadway conditions,
County priorities, manpower, availability of resources, statutory limitations, and the
priority of the Air Force Emergency, the County will complete the EM work as rapidly as
practicable or notify the USAF otherwise.
The repairs will be made to the extent needed to permit USAF vehicle access to the MS,
as determined in Priority 1 or 2. EM repairs may include, but are not limited to, damaged
surfaces, soft spots, culvert or bridge shoring, radius enhancements, etc. EM is not
intended, nor will it be used for, major repair construction.
D. "Force Account" means the direct performance of County highway construction
work by the County by use of labor, equipment, materials, and supplies furnished by
them and used under their direct control. Force account can include work contracted by
the County with private parties as agreed in the SOW. The County shall comply with
Title VI of the Civil Rights Act of 1964, as amended by 49 CFR 21.
E. "Setup Fixed Costs" are costs the County incurs for equipment setup and
mobilization and routine snow removal from County roads and missile site access roads.
USAF Priority 1: a) Maintenance required to repair equipment essential for safe operation of the weapon
system; b) Maintenance after an incident or malfunction to prevent further damage to the weapon system,
avoid injury to personnel, or render the weapon system safe; c) To enable security forces to clear and re -
secure / guard LFs displaying both outer and inner zone alarms that will not reset. 05
2 Priority 2: a) Maintenance required to place LFs or MAFs on alert or return to alert; b)Maintenance
required to retain or return communication system off -alert or impaired sorties to alert or unimpaired status;
c) Maintenance required to retain or return sorties to EWO status. Reference: Space Command Regulations
I-23-10
This is independent of activities reimbursed under the provisions set forth in paragraph
"2D"
2. TERMS OF AGREEMENT
A. EM/ESR REQUESTS. When EM/ESR on a DAR is necessary, an authorized agent
of the USAF will formally request the service usually during normal working hours.
However, weekend, evening, and late night requests may sometimes be necessary.
For such situations, the County will provide a central dispatch number and / or point of
contact for after-hours calls. Should an after-hours call be received, the County may elect
to perform the requested EM/ESR during non -duty hours. The overtime expense for non -
duty hours incurred by the County shall be acknowledged by the USAF as necessary to
the performance of the immediate need for the success of the mission.
The USAF will furnish a list of authorized agents annually to the County. The USAF
will notify the County of any changes to the list of authorized agents. The County will
also be supplied with telephone numbers for the Air Force Base Administration and the
representative FHWA. See attachment "A."
In the event of an emergency requiring a missile movement and it becomes necessary to
initiate the movement before Weld County can respond to the Air Force's request for
snow removal, by virtue of this statement, the Air Force shall be County authorized to
provide its own equipment and manpower to plow Weld County defense access roads and
sander/plow escort as needed for the success of the mission.
Weld County agrees that in routine (non -emergency) convoy situations FE Warren will
provide a sander/plow escort as needed in front of convoys. This typically happens in the
winter months when snow and ice are present. No notification to the County is required.
B. COUNTY RESPONSE TO ESR REQUESTS. The County will respond to all ESR
requests by scheduling snow removal operations within twenty-four hours, with the intent
of performing the snow removal within 24 hours after notification. Recognition by the
parties to this agreement, limitations due to weather conditions, County priorities,
manpower, equipment availability, resources, and priority level of the Air Force
Emergency, the County will respond in a timely manner and clear the designated defense
access roads (or notify the USAF otherwise.) As soon as possible after the DAR has
been cleared, the County will notify the USAF snow desk by telephone at 307-773-2049
or 307-773-3948.
C. REQUEST FOR EM SERVICES. A request for EM services issued by the
authorized agent of the USAF shall include a "scope of work" (SOW), a written
description of the repair to be accomplished and a dollar limit "not to exceed". Both
parties acknowledging the level of effort necessary to fulfill the request prior to
mobilization shall pen initials on the SOW. The parties can readily make amendments to
the SOW upon agreement. The County will record all necessary information and track
services performed to accomplish the SOW as a `force account' effort. The term force
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account shall mean the direct performance of County highway construction work by the
County by use of labor, equipment, materials, and supplies furnished by them and used
under their direct control. Force account can include work contracted by the County with
private parties as agreed in the SOW. The County shall comply with Title VI of the Civil
Rights Act of 1964, as amended by 49 CFR 21.
D. REIMBURSEMENT TO COUNTY. For ESR and EM done by the County at the
request of the USAF or FHWA on behalf of the USAF, the County will be reimbursed for
the force account bill and associated documentation. Documentation shall include
justification of rates, all costs including, but not limited to, labor (including equipment
operator), supervision, equipment, material and delivery, labor additives, overhead,
depreciation, fuel, subcontracts, rentals, operation & maintenance, and insurance.
For verification of completed work, the County shall submit a copy of the EM SOW, any
amendments, force account bill, and supporting documentation to:
(i) FHWA; and
(ii) Mr. Rock Hussey, USAF Missile Engineering Flight, 300 Missile Drive,
Suite 800, Building 240, F.E. Warren Air Force Base, Wyoming, 82005.
Within 20 working days, FHWA will review and determine if the billing documentation
is acceptable for further payment processing or FHWA will notify the County in writing
of the deficiencies necessary to complete the bill and resubmit for acceptance.
E. ANNUAL REIMBURSEMENT FOR SETUP FIXED COSTS. This agreement
recognizes fixed costs incurred by the County for equipment setup and mobilization
independent of activities reimbursed under the provisions set forth in paragraph "2D".
The County may request reimbursement for the amount identified in the provision below.
The agreed amount below was negotiated based on historical data. The base year is
established for Federal FY 2009 and the respective historical payment amount.
Weld County - $25,000.00
For the term of this agreement, the County will be reimbursed at the rate of the base year
amount increased by simple interest rate at 3.50% per year. The table below shall be the
amount reimbursed upon receipt of the proper billing documentation.
Weld
County
FY 2009
$25,000.00
FY 2010
$25,875.00
FY 2011
$26,780.63
FY 2012
$27,717.95
FY 2013
$28,688.08
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F. COMPLIANCE WITH ANTI -DEFICIENCY ACT. Any requirement for the payment
or obligation of funds by the FHWA pursuant to this Agreement shall be subject to the
availability of appropriated funds and the inclusion of such funds into the Department of
the Air Force's annual "program work plan". No provision herein shall be interpreted to
require any obligation or payment of funds in violation of the Anti -Deficiency Act 31
U.S.C. § 1341. In cases where payment or obligation of funds would constitute a
violation of the Anti -Deficiency Act, the dates established requiring the payment or
obligation of such funds by the FHWA shall be appropriately adjusted. It is the
expectation of the parties to this Agreement that all obligations of the FHWA arising
under this Agreement will be fully funded. The FHWA agrees to seek sufficient funding
through the United States Department of Defense budgetary process to fulfill its
obligation under this Agreement.
G. OUTSIDE EQUIPMENT RENTAL. When considered necessary, the County may
rent equipment from outside parties to perform the work provided for herein, with
advance approval from FHWA. The County will be reimbursed on the basis of their
actual cost for the operation and rental of this equipment. Including expenses incurred in
obtaining the equipment and stand-by charges. To be reimbursed, the County will need
to submit detailed records of the rental agreements, billings, man-hours, and expenses in
obtaining and utilizing the equipment. The County will be reimbursed on the basis of
their actual cost for the operation and rental of this equipment including expenses
incurred in obtaining the equipment and stand-by charges. The County shall not enter
into any contracts for any work contemplated under this agreement without prior written
authorization of the FHWA.
H. RECORDS RETENTION. Detailed records of the costs associated with ESR and EM
claims shall be retained on file by the County for a minimum of three years after the date
of final payment for each contract period. The records shall be made available for review
or audit by the FHWA upon request. The records shall include the name and number of
hours worked for each worker and whether it was straight time or overtime and the
quantity and cost of all materials used, including the basis of cost of the materials.
3. EFFECTIVE DATE AND TERMINATION. This Agreement shall run from
January 1, 2009, through December 31, 2013. This Agreement maybe extended
annually for up to three additional years by written mutual agreement. This agreement is
subject to the right of either party, at its option, may terminate this Agreement at any
anniversary date. If a party decides to terminate the Agreement, they shall notify the
other party at least 90 days prior to the anniversary date. Furthermore, at the request of
any party, this Agreement shall be renegotiated.
This Agreement represents the entire and integrated Agreement between the parties and
supersedes all prior negotiations, representations, and agreements whether written or oral.
The parties hereto release the other parties and their officers, agents, and employees from
any cause or action arising out of the negligent performance by other parties.
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A
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
by their proper officials thereunto duly authorized as of the dates below indicated.
nA
EXECUTED by the FHWA this 2 day of /lj/ye.+t.be-or, 2009.
FEDERAL HIGHWAY ADMINISTRATION
Div : on Administrator
United States Air Force
WARREN AFB
Chief of Missile Engineering 90 CES/CEM
COUNTY OF WELD, a political
subdivision Weld County Clerk to
the Board of the STATE OF
COLORADO:
By:1
William F. Garcia, Chairman
Board of County Commissioners
of the County of Weld
OCT 2 6 2009
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ATTACHMENT "A"
To provide a reliable track record of service calls, USAF requests that a copy of this
document be filled out and submitted to 90CES/CEM via fax 307-773-4387 or email
to rock.hussey(aiwarren.af.mil for each service request in Weld Counties This
form will be submitted with each request for payment.
Telephone numbers authorize to request ESR: 307-773-3948 or 307-773-2049
Or any one of the following persons:
Maj. Douglas P. Wise 307-773-3909 Mr. Robert H. Farwell -3600 Mr. Stuart Ziemann 224
Mr. Jeff Evans -3375 Mr. Mark Frank -2759
3 224
Mr. Rock D. Hussey -2802
1.Type of service request received.EM [ ] + attach signed Scope of Work per agreement
ESR[ ]
Date
Time
2. Requester's Name Rank and Phone #
3.Location:Missile site and # and County Rd. #
4.Date and time service was completed.
5.Comment or remarks:
Recommend Approval
Recommend Disapproval
Reason:
date _
date
0
COLORADO
June 17, 2010
PUBLIC WORKS DEPARTMENT
1111 H STREET, P.O. BOX 758
GREELEY, COLORADO 80632
WEBSITE: WWW.CO.WELD.CO.US
PHONE (970) 356-4000, EXT. 3750
FAX: (970) 304-6497
Rock Hussey
901h CES/CEM
300 Missile Drive, Suite 800 Bldg 240
F.E. Warren AFB, Wyoming 82005-2788
RE: Project GAR CO30-034 (16873) Snow Removal on Defense Access Roads
(Weld County reference No. 2009-2804)
Dear Mr. Hussey:
This letter is to request a copy of the signed Agreement for Extraordinary Maintenance and
Extraordinary Snow Removal dated September 1, 2009. This Agreement is between the United
States Department of Transportation, Federal Highway Administration — Colorado Division
(FHWA), the U. S. Department of the Air Force, Warren Air Force Base, Cheyenne, Wyoming
(USAF) and Weld County.
An original signed Agreement and the Weld County Resolution was mailed to you on December
4, 2009. Attached is a copy of the Agreement for your reference.
Please send me a copy of the signed Agreement for County records. Thank you for your
cooperation.
Respectfully,
Curtis Hall
Motor Grader Supervisor
Enclosure
pc: Tim Tuttle, CDOT, tim.tuttleadot.state.co.us
Esther Gesick, Weld County Clerk to the Board Office egesickaco.weld.co.us
Department of Transportation, Missile Site Defense Access Road file
M:\Grader Division\RockHusseyWarrenAFB-SignedAgreementRequest.DOC
Donna Bechler
From: Francie Collins
Sent: Monday, July 26, 2010 9:07 AM
To: CTB
Subject: signature on Agreement with Dept of Air Force
Attachments: Weld0001.pdf
Attached is the signed Agreement from Warren AFB, Doc # 2009-2804. We have received the
signature on the Agreement via electronically. There is no original hard copy agreement.
Francie Collins
Weld County Public Works Department
P. 0. Box 758, Greeley, Colorado 80632
970-304-6496, Ext. 3763
fcollins(dco.weld.co.us
Original Message
From: Curtis Hall
Sent: Monday, July 26, 2010 5:49 AM
To: Francie Collins
Subject: FW: signature on Agreement with Dept of Air Force
Curtis Hall
Motor Grader Supervisor
Weld County Public Works
Original Message
From: Hussey, Rock D Civ USAF AFGSC 90 CES/CEM[mailto:Rock.Hussey@warren.af.mil]
Sent: Wednesday, July 21, 2010 7:54 AM
To: Douglas.Bennett@dot.gov
Cc: Curtis Hall
Subject: RE: signature on Agreement with Dept of Air Force
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COLORADO
p‘etvr.
MEMORANDUM
TO: Clerk to the Board DATE: August 9, 2010
FROM: Francie Collins, Public Works
SUBJECT: Doc #2009-2804
Attached I an original signed Agreement (doc #2009-2804) from the U.S. Department of Air Force
Warren AFB for your records.
pc: Curtis Hall, Motor Grader Supervisor
M:\Francie\OriginalSignedAgree-W arrentAFB.doc
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