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Home My WebLink About970032.tiffRESOLUTION RE: APPROVE AGREEMENT FOR EXTRAORDINARY MAINTENANCE AND SNOW REMOVAL ON DEFENSE ACCESS ROADS SERVING MINUTEMAN MISSILE SITES IN COLORADO 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 Snow Removal of Defense Access Roads Serving the Warren Air Force Base Minute -Man Missile Sites in Colorado Locations in Weld County, between Weld County, Colorado, and the United States Department of Transportation, Federal Highway Administration, commencing October 1, 1996, and ending September 30, 2001, 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 Weld County, Colorado, and the United States Department of Transportation, Federal Highway Administration, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that 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 8th day of January, A.D., 1997, nunc pro tunc October 1, 1996. BOARD OF COUNTY COMMISSIONERS APP unty Attorn Deputy CI -T to the Board RM: y /nsneru c,; FN,vy'd,ri_ WELD CjOUNTY, COLORADO L George E<Baxter, Chair y51 6 onstance L. Harbert, Prq=Te Dale K. Hall k t etic, tu_ J )4_ L. arbara J. Kirkmeyer /21`J ,• (),c44 W. H. Webster 970032 EG0036 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 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: 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: 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 970032 Agreement: Maintenance/Snow Removal - Page 2 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 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 notification 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 an 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 970032 Agreement: Maintenance/Snow Removal - Page 3 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. 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 normally 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, 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 970032 Agreement: Maintenance/Snow Removal - Page 4 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 September 30, 2001, 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 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. 970032 Agreement: Maintenance/Snow Removal IN WITNESS WHEREOF, the parties hereto have executed this agreement effective as of clantikatt 8 , 19-9-L BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Chair ATTEST: � eld County Clerk the Board (/��G"Gr�` Deputy Clerk to the Board Approved/As To F 7 / / Weld Cotinty Atto e y U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION ision Administrator 970032 WELD COUNTY MISSILE SITE ROADS EMERGENCY CALL LIST: Weld County Road and Bridge Department - Monday - Friday (8:00 a.m. - 5:00 p.m.) Dispatch Desk (970) 356-4000; Extension 4777 Weekends, holidays, after normal working hours. etc.: Dave Becker (Director) residence: (970) 356-1491 Scott Schreiber (Road Maintenance Supervisor) residence: (970) 454-2540 Matt Fosher (Foreman) residence: (970) 356-1156 970032 Z� 0 0 0 At aa. 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DEED'S D' MOSIpto irimema rigarriMire riblestaturelallinagellig% ®a000 yam ma i d eon. _ �n�omiwpmano Mu" isitinat Ara Imam Itturatrai quasi an1111 -mum S. a LflUISrakive mia (1-(ts ° cpr Snow 'e cU/w2 (1,3 tv,,r7 Adk.h r:�'r S� afv) goo..V. SO Cw%ediw©©d CD LoZZf/-E) / 4.✓VlO ✓Q,Y /434. Rocco A{cAcU_3o 741ss: le ,AS' ct,i\3 C Ce-S /ae.M 30o Ves le_ 6r, Su: -h s60 r. E. w rem A F'3 S r. Ph rS 970032 cat:rig 1111De COLORADO TO: Board of County Commissioners FROM: Eric Lord Assistant Weld County Attorney DATE: December 31, 1996 RE: Snow Removal and Extraordinary Maintenance Agreement On March 31, 1993, Weld County entered into an agreement with the Federal Highway Administration in which Weld County would provide snow removal and maintenance services on Defense Access Roads within Weld County. These Defense Access Roads serve Warren Air Force Base Minute -Man Missile Sites that are located in the County. The agreement was effective from October 1, 1991 through September 30, 1996. The Federal Highway Administration and the Air Force are now seeking the Board's approval of a new agreement, on essentially the same terms, which extends from October 1, 1996 through September 30, 2001. Under this agreement, Weld County, in the interest of National Defense, shall perform extraordinary maintenance and snow removal work on Defense Access Roads within the County. (A map of the Defense Access Roads is attached to the agreement.) "Extraordinary maintenance" is work to be performed by the County at the request of the Air Force when the Air Force determines that conditions are such that access to the sites may be impeded. "Extraordinary snow removal", as distinguished from the County's normal plowing operations, requires the County, within two hours of notification from the Air Force, to begin the removal of snow from designated roads as rapidly as possible. In addition, the County shall provide, upon authorization from the Air Force, sand truck escorts for transporter -erector and payload transport vehicles when icy conditions prevail or are expected to prevail at the time of scheduled movements. The agreement provides for reimbursement to Weld County for the actual costs of labor, equipment, and materials, incurred in the performance of extraordinary maintenance or snow removal. To receive reimbursement, Weld County shall submit an annual statement of actual costs to the Federal Highway Administration. In addition, the agreement addresses liability issues in paragraphs eight and nine. Paragraph eight states, with regard to Federal activities and Federal property within the area, that the agreement shall not be construed to hold Weld County liable for any personal damage or personal liability injury to any person or thing occurring during the removal of snow. In paragraph nine, the Federal Highway Administration agrees to indemnify and save Weld County harmless from all claims arising from or connected with the work performed under the agreement. However, paragraph nine does limit the Federal Highway Administration's 970032 Memorandum re Maintenance/Snow Removal - Page 2 indemnification of Weld County to appropriations available at the time of the claim. After speaking with Dave Becker of the Weld County Road and Bridge Department, it appears that the agreement has worked well in the past, and as a result, this agreement is submitted with very minor changes. However, there are two issues which remain to be addressed in the relationship between the Air Force and the County. First, Warren Air Force Base has entered into similar agreements with a number of adjacent counties, and is in process of developing a uniform procedure regarding sand truck escorts which would be used in all of the agreements. Second, the Defense Access Roads are gated near the missile sites, and the Air Force typically owns small stretches of road leading up to the gates. It is unclear whether Weld County is to be responsible for maintaining and plowing those stretches leading up to the gate. To date, Weld County has performed work only on County property. It is expected that both of these issues will be resolved in the next few months, and will be addressed in the form of an addendum to this agreement. It is the desire of Warren Air Force Base to have this agreement approved in its current form and put into place as soon as possible, and to leave these remaining issues to be addressed in the near future. 970032 Hello