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Home My WebLink About20020895.tiff RESOLUTION RE: APPROVE AGREEMENT FOR EXTRAORDINARY MAINTENANCE AND SNOW REMOVAL OF DEFENSE ACCESS ROADS SERVING THE WARREN AIR FORCE BASE MINUTE-MAN MISSILE SITES IN COLORADO LOCATIONS IN WELD COUNTY AND AUTHORIZE CHAIR TO SIGN - UNITED STATES DEPARTMENT OF TRANSPORTATION 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 a Agreement for Extraordinary Maintenance and Snow Removal of Defense Access Roads Serving the Warren Air Force Base Minute-Man Missile Sites in Colorado Locations in Weld County between 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, and United States Department of Transportation, Federal Highway Administration, commencing November 1, 2001, and ending October 31, 2006, 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 Snow Removal of Defense Access Roads Serving the Warren Air Force Base Minute-Man Missile Sites in Colorado Locations in Weld County between 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, and United States Department of Transportation, Federal Highway Administration be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. 2002-0895 d e " Au)/ tied/Ay/dm, EG0046 AGREEMENT FOR EXTRAORDINARY MAINTENANCE AND SNOW REMOVAL OF DEFENSE ACCESS ROADS SERVING THE WARREN AIR FORCE BASE MINUTE-MAN MISSILE SITES PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of April, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELD COUNTY C LORADO � !P .� ATTEST: ( �,len d, Chair ,.\ Weld County Clerk to the : :: .r� ` `David E. %ng, Pro-Tem I Deputy Clerk to the Board� ,it i M. J. Geile APPROVED AS TO - •R : / EXCUSED illiam H. Jerke unty Attorn 1 k abed D. asden Date of signature: yl3 2002-0895 EG0046 MEMORANDUM (7--- f to :I" TO: Clerk to the Board DATE: April 1, 2002 FROM: Jeff Jerome, Operations Division Manage CSUBJECT: Agenda Item COLORADO Please place the following item on the Board's next agenda: Extraordinary Maintenance and Snow Removal Agreement with U.S. Department of Transportation for the defense access roads serving the Minuteman Missile Sites. The appropriate documentation is attached. Enclosures pc: Frank B. Hempen, Jr., Director of Public Works/County Engineer U.S. Department of Transportation file M:\WITILESTrancte\AGENDA-4ARC.wpd 2002-0895 U.S. Department Colorado Federal Aid Division Of Transportation 555 Zang Street, Room 250 Federal Highway Lakewood, CO 80228-1040 Administration March 15, 2002 Mr. Jeff Jerome Operations Manager Weld County Public Works Department 1111 H Street P. O. Box 758 Greeley, CO 80632 Dear Mr. Jerome: SUBJECT: Extraordinary Maintenance and Snow Removal Agreements The Extraordinary Maintenance (EM) and Snow Removal (ESR) agreement between Weld County and U.S. Department of Transportation, Federal Highway Administration expired on October 31, 2001. Therefore, we need you to work with your commissioners to update the attached agreement so that we can reinstate it from November 1, 2001 to October 31, 2006. This agreement outlines the responsibility hierarchy and billing/reimbursement process for services on the Defense Access Road System. We need to reestablish this agreement as soon as possible to ensure continuation of the programs. Please submit your finalized agreement by April 18, 2002. If you have any questions, please contact Ms. Charmaine Farrar, of this office, at(303) 969- 6730, Ext. 374. Sincerely yours, ',William . Jones Division Administrator Enclosure cc: Mr. Chad Wright, Road Foreman, Logan County Road and Bridge Mr. Thomas E. Norton, Executive Director, CDOT Attn: Mr. Ed Fink, Staff Maintenance Superintendent, CDOT Mr. Roco Mancusso, FE Warren AFB, 90`h CES/CEM (w/enclosure) Mr. Larry Smith, CFLHD Division Engineer Attn: Mr. Bert McCauley, Project Manager, Project Development, CFLHD U.S. Department Colorado Federal Aid Division of Transportation 555 Zang Street, Room 250 Federal Highway Lakewood, Colorado 80228 Administration May 29, 2002 Mr. Jeff Jerome Re: Extraordinary Maintenance Operations Manager and Snow Removal Agreement Weld County Public Works Department 1111 H Street P.O. Box 758 Greeley, CO 80632 Dear Mr. Jerome: Enclosed is the signed Extraordinary Maintenance (EM) and Snow Removal (ESR) agreement between Weld County and the U.S. Department of Transportation, Federal Highway Administration. This agreement will be valid from November 1, 2001, through October 31, 2006. At this time, we have not received a signed agreement from the Colorado Department of Transportation. However, when we do receive the final agreement, we will forward it to you under separate cover. The agreement outlines the responsibility hierarchy and billing/reimbursement process for services on the Defense Access Road System. If you have any questions,please contact Ms. Charmaine Farrar, of this office, at(303) 969-6730, ext. 374. Sincerely yours, Olf4,7frueze0;1 I'VleVeg° William C. Jones Division Administrator Enclosure cc Mr. Thomas E. Norton, Executive Director, CDOT, Attn: Mr. Ed Fink (w/enclosure) Mr. Roco Mancusso, F.E. Warren MB, WY (w/enclosure) Mr. Larry Smith, Division Engineer, CFLHD, FHWA, Attn: Mr. Bert McCauley AGREEMENT FOR EXTRAORDINARY MAINTENANCE AND SNOW REMOVAL OF 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 Administration hereinafter referred to as FHWA. Previous agreements are 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 Command (MTMC), 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 results 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: Access road numbers 1 through 10, 12 through 23, and 27 and 28, located between R56W to R60W and T7N to T12N at the Nebraska State line. b. The terms and conditions describing this work are as follows: 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 Page 1 of 4 LOA -4y5 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 Air Force, shall react within (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 snow drifts 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 inoperative launch sites will become operationally unacceptable 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 snow plowing operations on these access roads if no notifications is given by the Air Force that an extraordinary snow removal is required. If the County cannot under emergency conditions support the base on snow removal, then the Air Force will have the right to use Air Force snow removal equipment on County roads to access Air Force facilities. It is understood that the Air Force will remain responsible if any damage to the road is caused by this action. Furthermore, if this action is taken,the Air Force will advise the County where they are working so the County can follow-up on the work completed. 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 movements when it has been established 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. 4. Weld County agrees to perform the extraordinary maintenance and snow removal as herein described on the defense access roads designated in this agreement. Authorized personnel to be contacted in Weld County for the extraordinary work are also listed in the appendix to this agreement. 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. Page 2 of 4 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 cost 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 normally paid, such as contributions to the retirement system, insurance programs, and annual and sick leave benefits; b. The invoice cots of any materials incorporated into the maintenance, snow removal, and sanding tasks; c. An hourly rental cost for equipment used in the work based on the rates established in the latest edition of the"Construction Equipment Rental Rate Schedule" published by the State Department of Transportation, 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 rate eliminates these items and shall be used for publicly-owned equipment. 6. Weld County shall submit an annual certified statement of the actual costs incurred in performing extraordinary maintenance and snow removal operations on these defense access roads. Documentation of actual costs shall be recorded and maintained by Weld County and is to be retained and made available for inspection and audit by FHWA for a period of three years after payment of the final billing for each fiscal year. Documentation of equipment 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. 7. This agreement shall be subject to renegotiation or termination annually at the end of the fiscal year(September 30), upon the request of any of the parties hereto. The agreement shall immediately terminate upon notification to all parties concerned that Federal funds are no longer available. This agreement shall expire on October 31, 2006,without the request of either party. An extension of the maintenance activities beyond that time will require a new executed agreement. 8. It is further agreed, that with respect to any Federal activities and Federal property within the affected area,nothing contained herein shall be construed as holding Weld County liable for any personal damage or personal liability injury to any person or Page 3 of 4 thing while removing snow or snowdrifts from the hereinbefore described defense access roads. 9. FHWA expressly agrees to indemnify and save Weld County harmless from and against any and all claims, loss, damage, injury and liability resulting from, arising out of or in any way connected with the work to be performed under this agreement, including any negligence or alleged negligence on the part of any FHWA agents or employees. Furthermore,in the event that the Government is required to pay for any such claims, losses, damage, injury or liability, such payments shall not entail expenditures which exceed appropriations available at the time of the incident(s) giving rise to such claim, loss, damage, injury or liability; and nothing in this agreement shall be considered as implying that Congress will, at a later date, appropriate funds sufficient to meet any deficiencies occurring as a result of liability exceeding appropriations. IN WITNESS WHEREOF, the parties hereto have executed this agreement effective as of /}on / , 200 ' . BOARD OF COUNTY COMMISSIONERS U.S. DEPARTMENT OF WELD COUNTY, COLORADO TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION:Ain ditiA Chair Glenn Vaad 04/10/02 i vision Administrator idiaAtit l/ lerk to the Board 1861 tiv' rk to the Board p VI 1 rov As to F County Attorn y M:\W PFILES\AGREEMNI\missilesites-agr.wpd Page 4 of t,Pages M . n W � Inlitial ug)0♦ . • N.• . . • ! . !�a In ��J ry 1. cm . . I • '.' : ' swmie i 0 ill is" iii u . a • al ' �►s • • All ki i , krielLMI •. i gi .. : RAMO hill. iv ! tri IllormErs lia . tai ga: ch F- J m �i�i+3EIl�_ �"�1' • flaw ��,1�J(,r��/� ) I •n - Ilk., w7 ag w O4- , traillinallire . . 4 apt i. -_. _ _ rel_. .. O I �. �1.( it ..py'.f.f• 1 .1•1 s -} 1 .n e o •71 o~ "10 az -,-- - • d - - , .; . . • - _Alai i OZ :7: . ..__ .;.a ,lit . • tigirl.r. gal 0 _ =Mini . . , . a s y •a• ' Q _ • '' t .1 ,� PP if W j cr c= • a w J t QQ F- � it!: p _ 0 W O C0 OZ _Z _ C9 Z « L r --Y 1 -r 'R 1- p 4.... �a ' r C p;l •�,1� _. I Lys_ _ ,.�: 1 • • ✓ ei . 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